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    (  23  )

218

Page 80, line 20, 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,”

219

Page 80, line 25, after “sentenced” insert “in respect of the offence”

220

Page 80, leave out lines 34 to 38 and insert “12 months.”

221

Page 80, line 40, after “sentenced” insert “in respect of the offence”

222

Page 80, line 46, leave out “or”

223

Page 81, line 1, at end insert “, or

 

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

 

least 12 months.”

224

Page 81, line 3, 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,”

225

Page 81, leave out lines 17 to 19 and insert “every person involved in the offence

 

was 16”

226

Page 82, leave out lines 12 to 18 and insert “every person involved (whether in the

 

offence or in the homosexual act) was 16 or over and was a willing participant”

227

Page 82, line 31, leave out paragraph 59

228

Page 83, line 11, leave out “18” and insert “12”

229

Page 83, line 13, at end insert “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.”

230

Page 83, line 14, leave out “consent was not present or”

231

Page 83, line 17, leave out “17” and insert “18”

232

Page 83, line 19, leave out “17” and insert “18, 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”

233

Page 83, line 32, leave out “18” and insert “12”

234

Page 83, line 34, at end insert “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.”

235

Page 83, line 36, at end insert “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.”


 
 

    (  24  )

236

Page 83, line 38, at end insert “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.”

237

Page 83, line 41, at end insert “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.”

238

Page 84, line 2, leave out from “if” to end of line 3 and 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—

 

                    (i)                   the victim or (as the case may be) other party 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, or

 

                           (b)                          detained in a hospital.”

239

Page 84, line 4, leave out from “if” to end of line 5 and 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—

 

                    (i)                   the victim or (as the case may be) other party 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, or

 

                           (b)                          detained in a hospital.”

240

Page 84, line 8, at end insert “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.”

241

Page 84, line 9, at end insert “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.”

242

Page 84, line 11, at end insert “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.”

243

Page 84, line 16, 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.”

244

Page 84, line 19, at end insert “if the offender—


 
 

    (  25  )

 
 

              (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.”

245

Page 84, line 23, 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, the offender, in respect of the offence or

 

finding, is or has been—

 

                    (i)                   sentenced to a term of imprisonment,

 

                    (ii)                  detained in a hospital, or

 

                    (iii)                 made the subject of a community sentence of at least 12

 

months.”

246

Page 84, line 26, at end insert “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.”

247

Page 84, line 28, leave out “was 20 or over” and insert “, 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 12 months.”

248

Page 84, line 34, 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.”

249

Page 85, line 2, leave out “18” and insert “12”

250

Page 85, line 11, at end insert “and the offender—

 

              (a)                was 18 or over, or

 

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

 

imprisonment of at least 12 months”

251

Page 85, line 13, after “sentenced” insert “in respect of the offence”

252

Page 85, line 22, leave out “18” and insert “12”

253

Page 85, line 24, after “sentenced” insert “in respect of the offence”

254

Page 85, line 30, leave out “or”

255

Page 85, line 31, at end insert “, or

 

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

 

least 12 months.”

256

Page 85, line 33, 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,”

257

Page 85, line 43, leave out “under a provision”


 
 

    (  26  )

258

Page 85, line 43, at end insert—

 

  “( )                 A reference in any of those paragraphs to being made the subject of a

 

community sentence of at least 12 months is to be read, in relation to an

 

offence under an enactment referred to in sub-paragraph (1), as a

 

reference to being sentenced to a term of service detention of at least 112

 

days.”

259

Page 86, line 11, leave out from “In” to “the” in line 18 and insert “this Schedule

 

“community sentence” has—

 

              (a)                in relation to England and Wales, the same meaning as in the

 

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), and

 

              (b)                in relation to Northern Ireland,”

260

Page 86, line 26, leave out “(b)”

After Schedule 3

261

Insert the following new Schedule—

 

“Procedure for ending notification requirements for abolished

 

homosexual offences

 

Scope of Schedule

 

  1        This Schedule applies where a relevant offender is subject to the

 

notification requirements of this Part as a result of a conviction, finding

 

or caution in respect of an offence under—

 

              (a)             section 12 or 13 of the Sexual Offences Act 1956 (c. 69) (buggery

 

or indecency between men), or

 

              (b)             section 61 of the Offences against the Person Act 1861 (c. 100) or

 

section 11 of the Criminal Law Amendment Act 1885 (c. 69)

 

(corresponding Northern Ireland offences).

 

Application for decision

 

  2       (1)      The relevant offender may apply to the Secretary of State for a decision

 

as to whether it appears that the person with whom the act of buggery

 

or gross indecency was committed—

 

              (a)             where paragraph 1(a) applies, was aged 16 or over at the time of

 

the offence,

 

              (b)             where paragraph 1(b) applies, was aged 17 or over at that time,

 

                   and that that person consented to the act.

 

          (2)      An application must be in writing and state—

 

              (a)             the name, address and date of birth of the relevant offender,

 

              (b)             his name and address at the time of the conviction, finding or

 

caution,

 

              (c)             so far as known to him, the time when and the place where the

 

conviction or finding was made or the caution given and, for a

 

conviction or finding, the case number,

 

              (d)             such other information as the Secretary of State may require.

 

          (3)      An application may include representations by the relevant offender

 

about the matters mentioned in sub-paragraph (1).


 
 

    (  27  )

 
 

Decision by Secretary of State

 

  3       (1)      In making the decision applied for, the Secretary of State must

 

consider—

 

              (a)             any representations included in the application, and

 

              (b)             any available record of the investigation of the offence and of any

 

proceedings relating to it that appears to him to be relevant,

 

                   but is not to seek evidence from any witness.

 

          (2)      On making the decision the Secretary of State must—

 

              (a)             record it in writing, and

 

              (b)             give notice in writing to the relevant offender.

 

Effect of decision

 

  4       (1)      If the Secretary of State decides that it appears as mentioned in

 

paragraph 2(1), the relevant offender ceases, from the beginning of the

 

day on which the decision is recorded under paragraph 3(2)(a), to be

 

subject to the notification requirements of this Part as a result of the

 

conviction, finding or caution in respect of the offence.

 

          (2)      Sub-paragraph (1) does not affect the operation of this Part as a result of

 

any other conviction, finding or caution or any court order.

 

Right of appeal

 

  5       (1)      If the Secretary of State decides that it does not appear as mentioned in

 

paragraph 2(1), and if the High Court gives permission, the relevant

 

offender may appeal to that court.

 

          (2)      On an appeal the court may not receive oral evidence.

 

          (3)      The court—

 

              (a)             if it decides that it appears as mentioned in paragraph 2(1), must

 

make an order to that effect,

 

              (b)             otherwise, must dismiss the appeal.

 

          (4)      An order under sub-paragraph (3)(a) has the same effect as a decision of

 

the Secretary of State recorded under paragraph 3(2)(a) has under

 

paragraph 4.

 

          (5)      There is no appeal from the decision of the High Court.

 

Transitional provision

 

  6        Until the coming into force of the repeal by this Act of Part 1 of the Sex

 

Offenders Act 1997 (c. 51), this Schedule has effect as if references to this

 

Part of this Act were references to Part 1 of that Act.”

Schedule 4

262

Page 89, line 30, leave out lines 30 and 31 and insert—

 

  “64         Murder.

 

  64A         Culpable homicide.

 

  64B         Assault.

 

  64C         Assault and robbery.


 
 

    (  28  )

 
 

  64D         Abduction.

 

  64E         Plagium.

 

  64F         Wrongful imprisonment.

 

  64G         Threatening personal violence.

 

  64H         Breach of the peace inferring personal violence.

 

  64I         Wilful fireraising.         

 

  64J         Culpable and reckless fireraising.

 

  64K         Mobbing and rioting.

 

  64L         An offence under section 2 of the Explosive Substances Act 1883 (c. 3)

 

(causing explosion likely to endanger life or property).

 

  64M         An offence under section 3 of that Act (attempt to cause explosion, or

 

making or keeping explosives with intent to endanger life or property).

 

  64N         An offence under section 12 of the Children and Young Persons

 

(Scotland) Act 1937 (c. 37) (cruelty to persons under 16).

 

  64O         An offence under section 16 of the Firearms Act 1968 (c. 27) (possession

 

of firearm with intent to endanger life).

 

  64P         An offence under section 16A of that Act (possession of firearm with

 

intent to cause fear of violence).

 

  64Q         An offence under section 17(1) of that Act (use of firearm to resist arrest).

 

  64R         An offence under section 17(2) of that Act (possession of firearm at time

 

of committing or being arrested for offence specified in Schedule 1 to

 

that Act).

 

  64S         An offence under section 18 of that Act (carrying a firearm with criminal

 

intent).

 

  64T         An offence under section 1 of the Taking of Hostages Act 1982 (c. 28)

 

(hostage-taking).

 

  64U         An offence under section 1 of the Aviation Security Act 1982 (c. 36)

 

(hijacking).

 

  64V         An offence under section 2 of that Act (destroying, damaging or

 

endangering safety of aircraft).

 

  64W         An offence under section 3 of that Act (other acts endangering or likely

 

to endanger safety of aircraft).

 

  64X         An offence under section 4 of that Act (offences in relation to certain

 

dangerous articles).

 

  64Y         An offence under section 105 of the Mental Health (Scotland) Act 1984

 

(c. 36) (ill-treatment of patients).

 

  64Z         An offence under section 1 of the Prohibition of Female Circumcision Act

 

1985 (c. 38) (prohibition of female circumcision).

 

  64ZA         An offence under section 134 of the Criminal Justice Act 1988 (c. 33)

 

(torture).


 
 

    (  29  )

 
 

  64ZB         An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing

 

death by dangerous driving).

 

  64ZC         An offence under section 3A of that Act (causing death by careless

 

driving when under influence of drink or drugs).

 

  64ZD         An offence under section 1 of the Aviation and Maritime Security Act

 

1990 (c. 31) (endangering safety at aerodromes).

 

  64ZE         An offence under section 9 of that Act (hijacking of ships).

 

  64ZF         An offence under section 10 of that Act (seizing or exercising control of

 

fixed platforms).

 

  64ZG         An offence under section 11 of that Act (destroying fixed platforms or

 

endangering their safety).

 

  64ZH         An offence under section 12 of that Act (other acts endangering or likely

 

to endanger safe navigation).

 

  64ZI         An offence under section 13 of that Act (offences involving threats).

 

  64ZJ         An offence under Part II of the Channel Tunnel (Security) Order 1994

 

(S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel

 

system).

 

  64ZK         An offence under section 7 of the Criminal Law (Consolidation)

 

(Scotland) Act 1995 (c. 39) (procuring).

 

  64ZL         An offence under section 9 of that Act (permitting girl to use premises

 

for intercourse).

 

  64ZM         An offence under section 11 of that Act (trading in prostitution and

 

brothel-keeping).

 

  64ZN         An offence under section 12 of that Act (allowing child to be in brothel).

 

  64ZO         An offence under section 13(9) of that Act (living on earnings of male

 

prostitution etc.).

 

  64ZP         An offence under section 50A of that Act (racially-aggravated

 

harassment).

 

  64ZQ         An offence under section 51 or 52 of the International Criminal Court Act

 

2001 (c. 17) (genocide, crimes against humanity, war crimes and related

 

offences), other than one involving murder.

 

  64ZR         An offence under section 1 of the International Criminal Court

 

(Scotland) Act 2001 (asp 13) (genocide, crimes against humanity, war

 

crimes and related offences as specified in Schedule 1 to that Act).

 

  64ZS         An offence under section 22 of the Criminal Justice (Scotland) Act 2003

 

(asp 7) (traffic in prostitution etc.).

 

  64ZT         An offence to which section 74 of that Act applies (offences aggravated

 

by religious prejudice).

 

  64ZU         An offence under section 315 of the Mental Health (Care and Treatment)

 

(Scotland) Act 2003 (asp 13) (ill-treatment and wilful neglect of mentally

 

disordered person).”

263

Page 92, line 25, leave out “16” and insert “17”


 
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