Police and Justice Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Schedule 9

 

THE BARONESS HENIG

143*Page 104, line 4, at end insert—
"(   )      In exercising his functions to inspect police authorities, the Chief Inspector will involve individuals nominated by persons he considers to represent the interests of police authorities to assist in conducting such inspections."
 

THE LORD RAMSBOTHAM
THE BARONESS ANELAY OF ST JOHNS
THE LORD DHOLAKIA
THE BARONESS GIBSON OF MARKET RASEN

144Page 104, leave out line 12 and insert "and Community Safety.""
 

THE BARONESS HENIG
THE BARONESS HARRIS OF RICHMOND

145*Page 105, line 12, at end insert—
"(g)  the body or bodies which are to be inspected by the Chief Inspector,"
 

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

146Page 107, line 1, leave out paragraph (a)
147Page 107, line 8, leave out paragraph (a)
 

Clause 34

 

THE LORD RAMSBOTHAM
THE BARONESS ANELAY OF ST JOHNS
THE LORD DHOLAKIA
THE BARONESS GIBSON OF MARKET RASEN

148Page 30, line 24, leave out paragraph (a)
 

Schedule 10

 

THE LORD RAMSBOTHAM
THE BARONESS ANELAY OF ST JOHNS
THE LORD DHOLAKIA
THE BARONESS GIBSON OF MARKET RASEN

149Page 109, line 36, leave out paragraph (a)
 

Schedule 11

 

THE LORD RAMSBOTHAM
THE BARONESS ANELAY OF ST JOHNS
THE LORD DHOLAKIA
THE BARONESS GIBSON OF MARKET RASEN

150Page 110, line 32, leave out ", Community Safety and Custody" and insert "and Community Safety"
151Page 110, line 39, leave out ", Community Safety and Custody" and insert "and Community Safety"
152Page 111, line 5, leave out ", Community Safety and Custody" and insert "and Community Safety"
153Page 111, line 16, leave out "Community Safety and Custody" and insert "and Community Safety"
154Page 111, line 39, leave out ", Community Safety and Custody" and insert "and Community Safety"
155Page 112, line 2, leave out ", Community Safety and Custody" and insert "and Community Safety"
156Page 112, line 22, leave out ", Community Safety and Custody" and insert "and Community Safety"
157Page 112, line 32, leave out ", Community Safety and Custody" and insert "and Community Safety"
158Page 113, line 5, leave out ", Community Safety and Custody" and insert "and Community Safety"
159Page 113, line 17, leave out ", Community Safety and Custody" and insert "and Community Safety"
160Page 113, line 22, leave out ", Community Safety and Custody" and insert "and Community Safety"
161Page 113, line 31, leave out ", Community Safety and Custody" and insert "and Community Safety"
162Page 113, line 36, leave out ", Community Safety and Custody" and insert "and Community Safety"
163Page 114, line 6, leave out ", Community Safety and Custody" and insert "and Community Safety"
164Page 114, line 14, leave out ", Community Safety and Custody" and insert "and Community Safety"
165Page 115, line 3, leave out ", Community Safety and Custody" and insert "and Community Safety"
166Page 115, line 8, leave out ", Community Safety and Custody" and insert "and Community Safety"
167Page 116, line 14, leave out ", Community Safety and Custody" and insert "and Community Safety"
168Page 116, line 23, leave out ", Community Safety and Custody" and insert "and Community Safety"
169Page 116, line 29, leave out ", Community Safety and Custody" and insert "and Community Safety"
170Page 117, line 3, leave out ", Community Safety and Custody" and insert "and Community Safety"
171Page 117, line 15, leave out ", Community Safety and Custody" and insert "and Community Safety"
 

Clause 39

 

THE EARL OF NORTHESK

172Page 32, line 10, leave out from beginning to "subsection" in line 11 and insert—
"(1)  In the Computer Misuse Act 1990 (c. 18) ("the 1990 Act"), section 1 is amended as follows.
(2)  In subsection (1)—
(a)  in paragraph (a), after "computer" insert "or to enable any such access to be secured",
(b)  in paragraph (b), after "secure" insert "or to enable to be secured".
(3)  For"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

173Page 32, line 13, after "person" insert "aged 18 years or over"
 

Clause 40

 

THE EARL OF NORTHESK

174Page 32, line 25, leave out from beginning to end of line 2 on page 33 and insert—
    "3Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc
    (1)  A person is guilty of an offence if—
    (a)  he does any unauthorised act in relation to a computer;
    (b)  at the time when he does the act he knows that it is unauthorised; and
    (c)  either subsection (2) or subsection (3) below applies.
    (2)  This subsection applies if the person intends by doing the act—
    (a)  to impair the operation of any computer;
    (b)  to prevent or hinder access to any program or data held in any computer;
    (c)  to impair the operation of any such program or the reliability of any such data; or
    (d)  to enable any of the things mentioned in paragraphs (a) to (c) above to be done.
    (3)  This subsection applies if the person is reckless as to whether the act will do any of the things mentioned in subsection (2) above.
    (4)  The intention referred to in subsection (2) above, or the recklessness referred to in section (3) above, need not relate to—
    (a)  any particular computer;
    (b)  any particular program or data; or
    (c)  a program or data of any particular kind."
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

175Page 32, line 26, after "person" insert "aged 18 years or over"
 

THE EARL OF NORTHESK

176Page 33, line 6, at end insert—
"(   )  a reference to impairing, preventing or hindering something includes a reference to doing so temporarily"
 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

177Page 33, line 7, after "person" insert "aged 18 years or over"
 

Clause 41

 

THE EARL OF NORTHESK

178Page 33, leave out line 24
 

After Clause 42

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

179Insert the following new Clause—
  "Encrypted data and indecent photographs of a child
(1)  The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows.
(2)  In section 53 (failure to comply with a notice)—
(a)  after paragraph (a) of subsection (5A) there is inserted—
    "(aa)  in a case to which subsection (6) applies, seven years;";
(b)  after subsection (5B) there is inserted—
    "(6)  This subsection applies where—
    (a)  a person has been previously convicted of an offence contrary to section 1 of the Protection of Children Act 1978 (c. 37) or section 160 of the Criminal Justice Act 1988 (c. 33);
    (b)  the apparatus or data storage device containing the protected information contains an indecent photograph or pseudo-photograph of a child;
    (c)  the apparatus or data storage device containing the protected information has come into the possession of any person together with other apparatus or a data storage device which contains an indecent photograph or pseudo-photograph of a child; or
    (d)  the court is satisfied that the protected information is likely to contain an indecent photograph or pseudo-photograph of a child.
    (7)  This subsection will not apply where the person to whom the notice is given can show that the protected information does not contain an indecent photograph or pseudo-photograph of a child.
    (8)  "Indecent photograph or pseudo-photograph of a child" shall have the same meaning as in the Protection of Children Act 1978."
(3)  After paragraph 36 of Schedule 3 to the Sexual Offences Act 2003 (c. 42) there is inserted—
     "36A      An offence under section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) if subsection (6) of that section applies.""
180Insert the following new Clause—
  "Offences requiring notification
  After paragraph 29 of Schedule 3 to the Sexual Offences Act 2003 (c. 42) there shall be inserted—
     "29A      An offence under sections 48 to 50 of this Act (abuse of children through prostitution and pornography) where the offender—
    (a)  was 18 or over, or
    (b)  is or has been sentenced in respect of the offences for a term of at least 12 months.""
181Insert the following new Clause—
  "Duty on sexual or violent offenders to co-operate
  After section 67 of the Criminal Justice and Court Services Act 2000 (c. 43) insert—
      "67A      Duty on offender to co-operate
    (1)  A relevant sexual or violent offender shall co-operate with any reasonable steps requested of him by the responsible authority.
    (2)  "Reasonable steps" shall—
    (a)  include, but not be restricted to, providing access to his home address during a reasonable time of day to facilitate a risk assessment by the responsible authority; and
    (b)  be restricted to steps necessary for them to discharge their responsibility under section 67 of this Act to assess the risk posed by the offender.
    (3)  A person who without reasonable excuse fails to comply with a reasonable step requested by him under subsection (1) shall be liable upon summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both.
    (4)  In this section—
     "home address" shall have the meaning given by section 83(7) of the Sexual Offences Act 2003 (c. 42);
     "relevant sexual or violent offender" has the meaning given by section 68;
     "responsible authority" shall have the meaning given by section 67.""
 

After Clause 43

 

THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE

182Insert the following new Clause—
 

"PENAL CUSTODY FOR CHILDREN

  Penal custody for children
(1)  No child shall be detained in a young offender institution or a secure training centre.
(2)  "Child" means a person under the age of eighteen."
 

Schedule 12

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

183Page 121, line 28, at end insert—
    "(   )      Where the court is not satisfied that the relevant property is forfeitable property, the court must order that the relevant officer must extinguish all information possessed about the relevant property."
 

Schedule 13

 

THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN

184Page 129, line 2, at end insert—
    "(   )      Where the court is not satisfied that the relevant property is forfeitable property, the court must order that the relevant officer must extinguish all information possessed about the relevant property."

 
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©Parliamentary copyright 2006
19 June 2006