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Session 2002 - 03
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    (  19  )

 

Clause 112

174

Page 59, line 3, leave out “the” and insert “a”

Clause 121

175

Page 63, line 24, leave out “the” and insert “a”

176

Page 64, line 11, leave out “5” and insert “2”

Clause 123

177

Page 65, line 17, leave out “5” and insert “2”

Clause 127

178

Page 66, line 39, leave out “in England and Wales or Northern Ireland”

Clause 129

179

Page 68, line 17, after “of” insert “or paragraph 10(1) of Schedule 5A to”

180

Page 68, line 18, after “of” insert “or paragraph 10(1) of Schedule 4A to”

Clause 130

181

Page 68, line 35, at end insert “(a “sentencing condition”).

 

     ( )       Where an offence is listed if either a sentencing condition or a condition of

 

another description is met, this section applies only to the offence as listed

 

subject to the sentencing condition.”

182

Page 68, line 37, leave out “such an offence” and insert “an offence to which this

 

section applies”

183

Page 68, line 40, before “condition” insert “sentencing”

184

Page 69, line 15, leave out from “a” to “this” and insert “sentencing condition,”

Clause 131

185

Page 70, line 7, after “order” insert “;

 

                    “community supervision order” means an order”

186

Page 70, leave out lines 11 and 12

187

Page 71, leave out line 17

188

Page 71, line 41, at end insert—

 

     “( )       Where under section 140 different days are appointed for the

 

commencement of different provisions of this Part, a reference in any such

 

provision to the commencement of this Part is to be read (subject to section

 

98(4)) as a reference to the commencement of that provision.”

Clause 132

189

Page 72, line 10, after “discharge” insert “or community supervision order”


 
 

    (  20  )

190

Page 72, line 11, leave out “This section” and insert “Subsection (1)”

191

Page 72, line 11, at end insert—

 

     “( )       The provisions listed in subsection (1)(d) do not apply for the purposes of

 

this Part to a conviction for an offence in respect of which a community

 

supervision order is or has (before or after the commencement of this Part)

 

been made.”

Before Clause 135

192

Insert the following new Clause—

 

“Service courts

 

     (1)    In this Act—

 

           (a)           a reference to a court order or a conviction or finding includes a

 

reference to an order of or a conviction or finding by a service court,

 

           (b)           a reference to an offence includes a reference to an offence triable by

 

a service court,

 

           (c)           “proceedings” includes proceedings before a service court, and

 

           (d)           a reference to proceedings for an offence under this Act includes a

 

reference to proceedings for the offence under section 70 of the

 

Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955

 

(3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957

 

(c. 53) for which the offence under this Act is the corresponding

 

civil offence.

 

     (2)    In sections 92 and 104(1), “court” includes a service court.

 

     (3)    Where the court making a sexual offences prevention order is a service

 

court—

 

           (a)           sections 104(1)(a) and (4) to (6), 105, 109, 111 and 112 do not apply,

 

           (b)           in section 108, “the appropriate court” means the Crown Court in

 

England and Wales, and

 

           (c)           in section 110(3)(a), the references to the Crown Court and Court of

 

Appeal are references to the Crown Court and Court of Appeal in

 

England and Wales.

 

     (4)    In this section “service court” means a court-martial or Standing Civilian

 

Court.”

Clause 139

193

Page 74, line 19, leave out “Except as follows,” and insert “Subject to section (Service

 

courts) and to subsections (2) to (3A),”

194

Page 74, line 21, after “48” insert “to 55, 57

195

Page 74, line 21, at end insert—

 

           “( )              Schedule 2,”

196

Page 74, line 23, leave out paragraph (c) and insert—

 

           “(c)              sections 137, 140, 142 and this section.”

197

Page 74, line 25, leave out “121 to 127” and insert “93 and 123 to 129 and Schedule

 

4


 
 

    (  21  )

198

Page 74, line 26, leave out paragraph (b) and insert—

 

           “(b)              sections 137, 140, 142 and this section.”

199

Page 74, line 26, at end insert—

 

     “(3A)       Unless otherwise provided, any amendment, repeal or revocation made by

 

this Act has the same extent as the provision to which it relates.”

Schedule 2

200

Page 76, line 15, leave out “15 and”

201

Page 76, line 31, leave out “an offence of”

202

Page 76, leave out line 32

Schedule 3

203

Page 78, line 36, at end insert “and—

 

              (a)                the conviction, finding or caution was before the commencement

 

of this Part, or

 

              (b)                the offender—

 

                    (i)                      was 18 or over, or

 

                    (ii)                      is sentenced in respect of the offence to imprisonment for

 

a term of at least 12 months.”

204

Page 78, line 41, at end insert “and—

 

              (a)                the conviction, finding or caution was before the commencement

 

of this Part, or

 

              (b)                the offender—

 

                    (i)                      was 18 or over, or

 

                    (ii)                      is sentenced in respect of the offence to imprisonment for

 

a term of at least 12 months.”

205

Page 79, line 3, at end insert “and—

 

              (a)                the conviction, finding or caution was before the commencement

 

of this Part, or

 

              (b)                the offender—

 

                    (i)                      was 18 or over, or

 

                    (ii)                      is sentenced in respect of the offence to imprisonment for

 

a term of at least 12 months.”

206

Page 79, line 6, leave out paragraphs 17 to 19 and insert—

 

  “( )         An offence under section 1 or 2 of this Act (rape, assault by penetration).

 

  ( )         An offence under section 3 of this Act (sexual assault) 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


 
 

    (  22  )

 
 

                           (c)                          made the subject of a community sentence of at

 

least 12 months.

 

  ( )         An offence under any of sections 4 to 6 of this Act (causing sexual activity

 

without consent, rape of a child under 13, assault of a child under 13 by

 

penetration).

 

  ( )         An offence under section 7 of this Act (sexual assault of a child under 13)

 

if the offender—

 

              (a)             was18 or over, or

 

              (b)             is or has been sentenced in respect of the offence to imprisonment

 

for a term of at least 12 months.

 

  ( )         An offence under any of sections 8 to 12 of this Act (causing or inciting a

 

child under 13 to engage in sexual activity, child sex offences committed

 

by adults).”

207

Page 79, line 30, leave out “, where the offender is under 18, he” and insert “the

 

offender—

 

              (a)                was 18 or over, or

 

              (b)                ”

208

Page 79, line 39, at end insert—

 

  “23A         An offence under section 26 or 27 of this Act (familial child sex offences)

 

if the offender—

 

              (a)                                             was 18 or over, or

 

              (b)             is or has been sentenced in respect of the offence to imprisonment

 

for a term of at least 12 months.”

209

Page 79, line 40, leave out “27, 28 or”

210

Page 79, line 40, leave out “familial child sex offences,”

211

Page 79, line 41, leave out “or learning disability”

212

Page 79, line 42, leave out “or learning disability”

213

Page 79, line 45, leave out “or learning disability”

214

Page 79, line 45, after “if” insert “—

 

              (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,”

215

Page 80, line 3, leave out from “least” to end of line 7 and insert “12 months.”

216

Page 80, line 9, at end insert “, and the offender—

 

              (a)                was 18 or over, or

 

              (b)                is or has been sentenced in respect of the offence to imprisonment

 

for a term of at least 12 months.”

217

Page 80, line 13, at end insert—

 

              “(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—”


 
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