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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT
[Supplementary to the Marshalled List]


 

Clause 72

 

THE LORD LUCAS

Page 34, line 23, leave out "penis" and insert "whole or any part"
 

Clause 83

 

THE LORD FALCONER OF THOROTON

Page 39, line 41, at end insert—
"(   )  section 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in Scotland);"
 

Clause 91

 

THE LORD FALCONER OF THOROTON

Page 45, line 33, leave out "(except in Scotland)"
 

Clause 98

 

THE LORD FALCONER OF THOROTON

Page 50, line 3, after "3" insert "(other than at paragraph 52C)"
 

Clause 102

 

THE LORD FALCONER OF THOROTON

Page 51, line 23, after "notification" insert "order"
 

Clause 103

 

THE LORD FALCONER OF THOROTON

Page 51, line 34, leave out from "section" to "in" in line 35
Page 52, line 11, leave out "a sexual offences prevention order" and insert "an order under this section"
 

After Clause 103

 

THE LORD FALCONER OF THOROTON

Insert the following new Clause—
  "SOPOs: further provision as respects Scotland
(1)  A chief constable may apply for an order under this section in respect of a person who he believes is in, or is intending to come to, the area of his police force if it appears to the chief constable that—
(a)  the person has been convicted of, found not guilty by reason of insanity of or found to be under a disability and to have done the act charged against him in respect of—
(i)  an offence listed in paragraph 52C of Schedule 3; or
(ii)  before the commencement of this Part, an offence in Scotland other than is mentioned in paragraphs 33 to 52B of that Schedule if the chief constable considers that had the conviction or finding been after such commencement it is likely that a determination such as is mentioned in paragraph 52C would have been made in relation to the offence; and
(b)  the person has since the conviction or finding acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.
(2)  An application under subsection (1) may be made by summary application to a sheriff within whose sheriffdom lies—
(a)  any part of the area of the applicant's police force; or
(b)  any place where it is alleged that the person acted in a way mentioned in subsection (1)(b).
(3)  The sheriff may make the order where satisfied—
(a)  that the person's behaviour since the conviction or finding makes it necessary to make such an order, for the purposes of protecting the public or any particular members of the public from serious sexual harm from the person; and
(b)  where the application is by virtue of subsection (1)(a)(ii), that there was a significant sexual aspect to the person's behaviour in committing the offence.
(4)  Subsection (2) of section 104 applies for the purposes of this section as it applies for the purposes of section 103 and subsections (2) and (3) of section (Sections 103 and 104 to 107: Scotland) apply in relation to a summary application made by virtue of subsection (1) as they apply in relation to one made by virtue of subsection (1)(g) of that subsection."
 

Clause 104

 

THE LORD FALCONER OF THOROTON

Page 52, line 24, at end insert—
"(A1)  In this Part, "sexual offences prevention order" means an order under section 103 or (SOPOs: further provision as respects Scotland)."
Page 52, line 36, after "3" insert "(other than at paragraph 52C)"
Page 53, line 16, after "3" insert "(other than at paragraph 52C)"
 

After Clause 108

 

THE LORD FALCONER OF THOROTON

Insert the following new Clause—
  "Appeals in relation to SOPOs and interim SOPOs: Scotland
  In Scotland—
(a)  an interlocutor granting, refusing, varying, renewing or discharging a sexual offences prevention order or interim sexual offences prevention order is an appealable interlocutor; and
(b)  where an appeal is taken against an interlocutor so granting, varying or renewing such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal."
Insert the following new Clause—
  "Sections 103 and 104 to 107: Scotland
(1)  Sections 103 and 104 to 107 apply to Scotland with the following modifications—
(a)  subsections (1)(b), (2) and (3) of section 103 shall be disregarded;
(b)  an application under subsection (5) of section 103 shall not be competent in respect of a person who is a qualifying offender by virtue only of a conviction or finding which relates to an offence listed at paragraph 64 of Schedule 4;
(c)  in section 106(8), for the words from "orders", where it first occurs, to the end of paragraph (c) there is substituted "sex offender orders under section 20 of the Crime and Disorder Act 1998";
(d)  in section 107(8), for the words from "orders", where it first occurs, to the end of paragraph (b) there is substituted "interim sex offender orders under section 20 of the Crime and Disorder Act 1998";
(e)  references to a chief officer of police and to his police area are to be read, respectively, as references to a chief constable and to the area of his police force;
(f)  references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;
(g)  an application for a sexual offences prevention order or interim sexual offences prevention order is made by summary application to any sheriff within whose sheriffdom lies—
(i)  any part of the area of the applicant's police force; or
(ii)  any place where it is alleged that the person in respect of whom the order is sought or has effect acted in a way mentioned in subsection (5)(b) of section 103,
  (references to "the court" being construed accordingly);
(h)  an application for the variation, renewal or discharge of either such order is made by summary application to the sheriff who made the order or to a sheriff—
(i)  within whose sheriffdom the person subject to the order resides; or
(ii)  where the application is made by a chief constable, within whose sheriffdom lies any part of the area of the applicant's police force,
  (references to "the court" being construed accordingly).
(2)  A record of evidence shall be kept on any summary application made by virtue of subsection (1)(g) or (h) above.
(3)  The clerk of the court by which, by virtue of that subsection, a sexual offences prevention order or interim sexual offences prevention order is made, varied, renewed or discharged shall cause a copy of, as the case may be—
(a)  the order as so made, varied or renewed; or
(b)  the interlocutor by which discharge is effected,
  to be given to the person named in the order or sent to him by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate)."
 

Clause 111

 

THE LORD FALCONER OF THOROTON

Page 57, line 34, leave out "England and Wales or Northern Ireland" and insert "any part of the United Kingdom"
 

Clause 112

 

THE LORD FALCONER OF THOROTON

Page 58, line 42, leave out "England and Wales or Northern Ireland" and insert "any part of the United Kingdom"
 

After Clause 115

 

THE LORD FALCONER OF THOROTON

Insert the following new Clause—
  "Appeals in relation to foreign travel orders: Scotland
  In Scotland—
(a)  an interlocutor granting, refusing, varying, renewing or discharging a foreign travel order is an appealable interlocutor; and
(b)  where an appeal is taken against an interlocutor so granting, varying or renewing such an order the order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal."
Insert the following new Clause—
  "Sections 110 to 114: Scotland
(1)  Sections 110 to 114 apply to Scotland with the following modifications—
(a)  references to a chief officer of police and to his police area are to be read, respectively, as references to a chief constable and to the area of his police force;
(b)  references to the defendant are to be read as references to the person in respect of whom the order is sought or has effect;
(c)  an application for a foreign travel order is made by summary application to any sheriff within whose sheriffdom lies any part of the area of the applicant's police force (references to "the court" being construed accordingly);
(d)  for paragraphs (a) to (c) of section 114(5) there is substituted—
    "(a)  the sheriff who made the foreign travel order; or
    (b)  where the application is made by a chief constable, a sheriff whose sheriffdom includes any part of the area of the applicant's police force".
(2)  A record of evidence shall be kept on any summary application made by virtue of subsection (1)(c) above.
(3)  The clerk of the court by which, by virtue of that subsection, a foreign travel order is made, varied, renewed or discharged shall cause a copy of, as the case may be—
(a)  the order as so made, varied or renewed; or
(b)  the interlocutor by which discharge is effected,
  to be given to the person named in the order or sent to him by registered post or by the recorded delivery service (an acknowledgement or certificate of delivery of a copy so sent, issued by the Post Office, being sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate)."
 

Clause 116

 

THE LORD FALCONER OF THOROTON

Page 60, line 35, at end insert "(or, in Scotland, a probation order)"
 

Clause 127

 

THE LORD FALCONER OF THOROTON

Page 69, line 2, leave out "103(1)" and insert "104(A1)"
 

Clause 135

 

THE LORD FALCONER OF THOROTON

Page 72, line 2, leave out "103 to 123 and Schedule 4" and insert "117 to 123"
 

Schedule 2

 

THE LORD FALCONER OF THOROTON

Page 74, line 32, at end insert—
"(   )  an offence of indecent assault upon a female;"
Page 74, line 35, at end insert "or"
Page 74, line 37, leave out sub-paragraphs (iii) and (iv)
Page 75, line 24, after "children);" insert—
"(   )  an offence under—
(i)  Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery),
(ii)  Article 20 of that Order (assault with intent to commit buggery), or
(iii)  Article 21 of that Order (indecent assault on a male);"
 

Schedule 3

 

THE LORD FALCONER OF THOROTON

Page 79, line 4, leave out from "rape" to end of line 9
Page 79, line 10, leave out from "ravish" to end of line 15
Page 79, line 16, leave out from "assault" to end of line 21
Page 79, line 38, at end insert—
      "An offence under section 106 of the Mental Health (Scotland) Act 1984 (c. 36) (protection of mentally handicapped females).
      An offence under section 107 of that Act (protection of patients)."
Page 80, line 22, at end insert—
 "52A      An offence under section 311(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (non-consensual sexual acts).
 52B      An offence under section 313(1) of that Act (persons providing care services: sexual offences).
 52C      An offence in Scotland other than is mentioned in paragraphs 33 to 52B if the court, in imposing sentence or otherwise disposing of the case, determines for the purposes of this paragraph that there was a significant sexual aspect to the offender's behaviour in committing the offence."
Page 80, line 25, leave out "against" and insert "upon"
Page 80, line 25, at end insert "if—
(a)  where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
(b)  in any other case—
(i)  the victim was under 18, or
(ii)  the offender, in respect of the offence or finding, is or has been—
(a)  sentenced to a term of imprisonment,
(b)  detained in a hospital, or
(c)  made the subject of a community sentence of at least 18 months"
Page 80, line 44, leave out "18" and insert "17"
Page 81, line 1, leave out "(" and insert "of"
Page 81, line 2, leave out from "buggery" to "if"
Page 81, line 3, leave out from "under" to end of line 7 and insert "17"
Page 81, line 7, at end insert—
      "An offence under section 62 of that Act of indecent assault upon a male person if—
(a)  where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
(b)  in any other case—
(i)  the victim was under 18, or
(ii)  the offender, in respect of the offence or finding, is or has been—
(a)  sentenced to a term of imprisonment,
(a)  detained in a hospital, or
(c)  made the subject of a community sentence of at least 18 months."
Page 82, line 5, at end insert—
      "An offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery) if—
(a)  the offender was 20 or over, and
(b)  the victim or (as the case may be) other party was under 17.
      An offence under Article 20 of that Order (assault with intent to commit buggery) if the victim was under 18.
      An offence under Article 21 of that Order (indecent assault upon a male) if—
(a)  where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
(b)  in any other case—
(i)  the victim was under 18, or
(ii)  the offender, in respect of the offence or finding, is or has been—
(a)  sentenced to a term of imprisonment,
(b)  detained in a hospital, or
(c)  made the subject of a community sentence of at least 18 months."
Page 83, line 31, at end insert—
      "A determination under paragraph 52C constitutes part of a person's sentence, within the meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for the purposes of any appeal or review."

 
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©Parliamentary copyright 2003
4 June 2003