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COMMONS AMENDMENT

261After Schedule 3, 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,

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(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).
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."

The Deputy Speaker (Lord Geddes): My Lords, subsequent to Amendment No. 261, the noble Baroness, Lady Scotland of Asthal, has tabled a manuscript Motion. I now call manuscript Motion No. 261A.

Baroness Scotland of Asthal: My Lords, I beg to move that the House do disagree with the Commons in their Amendment No. 261. I have spoken to this amendment with Amendment No. 155.

Moved, That the House do disagree with the Commons in their Amendment No. 261.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.

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COMMONS AMENDMENTS

262Schedule 4, page 89, line 30, leave out lines 30 and 31 and insert— "64 Murder.


    64A Culpable homicide.


    64B Assault.


    64C Assault and robbery.


    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).


    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).

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    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)."


263Page 92, line 25, leave out "16" and insert "17"
264Page 92, line 26, leave out "52" and insert "54"
265Schedule 5, page 93, line 20, at end insert—

"Children and Young Persons Act 1933 (c. 12)

In Schedule 1 to the Children and Young Persons Act 1933 (offences to which special provisions of that Act apply), for the entry relating to offences under the Sexual Offences Act 1956 (c. 69) substitute—
"Any offence against a child or young person under any of sections 1 to 43, 49 to 55, 58 to 62, 68 and 69 of the Sexual Offences Act 2003, or any attempt to commit such an offence.
Any offence under section 63 or 64 of the Sexual Offences Act 2003 where the intended offence was an offence against a child or young person, or any attempt to commit such an offence."
Visiting Forces Act 1952 (c. 67)

(1) Paragraph 1 of the Schedule to the Visiting Forces Act 1952 (offences referred to in section 3 of that Act) is amended as follows.
(2) Before sub-paragraph (a) insert—
"(za) rape and buggery (offences under the law of Northern Ireland);".
(3) In sub-paragraph (a), omit "rape" and "buggery".
(4) In sub-paragraph (b), after paragraph (xii) insert— "(xiii) Part 1 of the Sexual Offences Act 2003."

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Army Act 1955 (3 & 4 Eliz. 2 c. 18)

In section 70(4) of the Army Act 1955 (person not to be charged with an offence committed in the United Kingdom where corresponding civil offence is within the subsection)—
(a) omit "or rape", and
(b) after "International Criminal Court Act 2001" insert "or an offence under section 1 of the Sexual Offences Act 2003 (rape)".
Air Force Act 1955 (3 & 4 Eliz 2.c. 19) In section 70(4) of the Air Force Act 1955 (person not to be charged with an offence committed in the United Kingdom where corresponding civil offence is within the subsection)—

(a) omit "or rape", and
(b) after "International Criminal Court Act 2001" insert "or an offence under section 1 of the Sexual Offences Act 2003 (rape)"."
266Page 93, line 23, leave out ", 41 to 43, 45, 46A and" and insert "and 41 to"
267Page 93, line 24, at end insert—
"Naval Discipline Act 1957 (c. 53) In section 48(2) of the Naval Discipline Act 1957 (courts-martial not to have jurisdiction as regards certain offences committed in the United Kingdom)—

(a) omit "or rape", and
(b) before "committed on shore" insert "or an offence under section 1 of the Sexual Offences Act 2003 (rape)"."
268Page 94, line 4, at end insert—
"Firearms Act 1968 (c. 27)

( ) In Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that Act applies), for paragraph 6 substitute— "


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