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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Schedule 15 — Sexual offences: grooming and adoption

218

 

      (5)  

After subsection (5) insert—

“(6)   

Nothing in—

(a)   

section 47 of the Adoption Act 1976 (which disapplies the

status provisions in section 39 of that Act for the purposes of

this section in relation to adoptions before 30 December

5

2005), or

(b)   

section 74 of the Adoption and Children Act 2002 (which

disapplies the status provisions in section 67 of that Act for

those purposes in relation to adoptions on or after that date),

   

is to be read as preventing the application of section 39 of the

10

Adoption Act 1976 or section 67 of the Adoption and Children Act

2002 for the purposes of subsection (3)(za) and (zb) above.”

6     (1)  

Section 65 (sex with an adult relative: consenting to penetration) is amended

as follows.

      (2)  

In subsection (1) after “(A)” insert “(subject to subsection (3A))”.

15

      (3)  

In subsection (3) after “In subsection (2)—” insert—

“(za)   

“parent” includes an adoptive parent;

(zb)   

“child” includes an adopted person within the meaning of

Chapter 4 of Part 1 of the Adoption and Children Act 2002;”.

      (4)  

After that subsection insert—

20

“(3A)   

Where subsection (1) applies in a case where A is related to B as B’s

child by virtue of subsection (3)(zb), A does not commit an offence

under this section unless A is 18 or over.”

      (5)  

After subsection (5) insert—

“(6)   

Nothing in—

25

(a)   

section 47 of the Adoption Act 1976 (which disapplies the

status provisions in section 39 of that Act for the purposes of

this section in relation to adoptions before 30 December

2005), or

(b)   

section 74 of the Adoption and Children Act 2002 (which

30

disapplies the status provisions in section 67 of that Act for

those purposes in relation to adoptions on or after that date),

   

is to be read as preventing the application of section 39 of the

Adoption Act 1976 or section 67 of the Adoption and Children Act

2002 for the purposes of subsection (3)(za) and (zb) above.”

35

7          

In section 47(1) of the Adoption Act 1976 (c. 36) (disapplication of section 39

(status conferred by adoption) for the purposes of miscellaneous

enactments) for “sections 10 and 11 (incest) of the Sexual Offences Act 1956”

substitute “or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an

adult relative)”.

40

 

 

Criminal Justice and Immigration Bill
Schedule 16 — Hatred on the grounds of sexual orientation

219

 

Schedule 16

Section 73

 

Hatred on the grounds of sexual orientation

1          

Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on

religious grounds) has effect subject to the following amendments.

2          

In the heading for Part 3A at the end insert “or grounds of sexual

5

orientation”.

3          

In the italic cross-heading before section 29A at the end insert “and “hatred

on the grounds of sexual orientation””.

4          

After that section insert—

“29AB   

  Meaning of “hatred on the grounds of sexual orientation”

10

In this Part “hatred on the grounds of sexual orientation”

means hatred against a group of persons defined by reference to

sexual orientation (whether towards persons of the same sex, the

opposite sex or both).”

5          

In the italic cross-heading before section 29B at the end insert “or hatred on the

15

grounds of sexual orientation”.

6     (1)  

Section 29B (use of words or behaviour or display of written material) is

amended as follows.

      (2)  

In subsection (1), after “religious hatred” insert “or hatred on the grounds of

sexual orientation”.

20

      (3)  

Omit subsection (3).

7          

In section 29C(1) (publishing or distributing written material), after

“religious hatred” insert “or hatred on the grounds of sexual orientation”.

8          

In section 29D(1) (public performance of play), after “religious hatred” insert

“or hatred on the grounds of sexual orientation”.

25

9          

In section 29E(1) (distributing, showing or playing a recording), after

“religious hatred” insert “or hatred on the grounds of sexual orientation”.

10         

In section 29F(1) (broadcasting or including programme in programme

service), after “religious hatred” insert “or hatred on the grounds of sexual

orientation”.

30

11         

In section 29G(1) (possession of inflammatory material), for “religious

hatred to be stirred up thereby” substitute “thereby to stir up religious

hatred or hatred on the grounds of sexual orientation”.

12    (1)  

Section 29H (powers of entry and search) is amended as follows.

      (2)  

In subsection (1), omit “in England and Wales”.

35

      (3)  

Omit subsection (2).

13    (1)  

Section 29I (power to order forfeiture) is amended as follows.

      (2)  

In subsection (2)—

(a)   

in paragraph (a), omit “in the case of an order made in proceedings

in England and Wales,”; and

40

 

 

Criminal Justice and Immigration Bill
Schedule 17 — Offences relating to nuclear material and nuclear facilities
Part 1 — Amendments to Nuclear Material (Offences) Act 1983

220

 

(b)   

omit paragraph (b).

      (3)  

Omit subsection (4).

14         

In section 29K(1) (savings for reports of parliamentary or judicial

proceedings), for “or in the Scottish Parliament” substitute “, in the Scottish

Parliament or in the National Assembly for Wales”.

5

15    (1)  

Section 29L (procedure and punishment) is amended as follows.

      (2)  

In subsections (1) and (2), omit “in England and Wales”.

      (3)  

In subsection (3), in paragraph (b), for “six months” substitute “12 months”.

      (4)  

After that subsection insert—

“(4)   

In subsection (3)(b) the reference to 12 months shall be read as a

10

reference to 6 months in relation to an offence committed before the

commencement of section 154(1) of the Criminal Justice Act 2003.”

16         

In section 29N (interpretation), after the definition of “dwelling” insert—

““hatred on the grounds of sexual orientation” has the meaning

given by section 29AB;”.

15

Schedule 17

Section 74

 

Offences relating to nuclear material and nuclear facilities

Part 1

Amendments to Nuclear Material (Offences) Act 1983

1          

The Nuclear Material (Offences) Act 1983 (c. 18) has effect subject to the

20

following amendments.

2     (1)  

Section 1 (extended scope of certain offences) is amended as follows.

      (2)  

In subsection (1)(b) (offences under certain enactments) for “section 78 of the

Criminal Justice (Scotland) Act 1980” substitute “section 52 of the Criminal

Law (Consolidation) (Scotland) Act 1995”.

25

      (3)  

After subsection (1) insert—

“(1A)   

If—

(a)   

a person, whatever his nationality, does outside the United

Kingdom an act directed at a nuclear facility, or which

interferes with the operation of such a facility,

30

(b)   

the act causes death, injury or damage resulting from the

emission of ionising radiation or the release of radioactive

material, and

(c)   

had he done that act in any part of the United Kingdom, it

would have made him guilty of an offence mentioned in

35

subsection (1)(a) or (b) above,

   

the person shall in any part of the United Kingdom be guilty of such

of the offences mentioned in subsection (1)(a) and (b) as are offences

 

 

Criminal Justice and Immigration Bill
Schedule 17 — Offences relating to nuclear material and nuclear facilities
Part 1 — Amendments to Nuclear Material (Offences) Act 1983

221

 

of which the act would have made him guilty had he done it in that

part of the United Kingdom.”

      (4)  

Omit subsection (2) (definition of “act”).

3          

After section 1 insert—

“1A     

Increase in penalties for offences committed in relation to nuclear

5

material etc.

(1)   

If—

(a)   

a person is guilty of an offence to which subsection (2), (3) or

(4) applies, and

(b)   

the penalty provided by this subsection would not otherwise

10

apply,

   

the person shall be liable, on conviction on indictment, to

imprisonment for life.

(2)   

This subsection applies to an offence mentioned in section 1(1)(a) or

(b) where the act making the person guilty of the offence was done

15

in England and Wales or Northern Ireland and either—

(a)   

the act was done in relation to or by means of nuclear

material, or

(b)   

the act—

(i)   

was directed at a nuclear facility, or interfered with

20

the operation of such a facility, and

(ii)   

caused death, injury or damage resulting from the

emission of ionising radiation or the release of

radioactive material.

(3)   

This subsection applies to an offence mentioned in section 1(1)(c) or

25

(d) where the act making the person guilty of the offence—

(a)   

was done in England and Wales or Northern Ireland, and

(b)   

was done in relation to or by means of nuclear material.

(4)   

This subsection applies to an offence mentioned in section 1(1)(a) to

(d) where the offence is an offence in England and Wales or Northern

30

Ireland by virtue of section 1(1) or (1A).

1B      

Offences relating to damage to environment

(1)   

If a person, whatever his nationality, in the United Kingdom or

elsewhere contravenes subsection (2) or (3) he is guilty of an offence.

(2)   

A person contravenes this subsection if without lawful authority—

35

(a)   

he receives, holds or deals with nuclear material, and

(b)   

he does so either—

(i)   

intending to cause, or for the purpose of enabling

another to cause, damage to the environment by

means of that material, or

40

(ii)   

being reckless as to whether, as a result of his so

receiving, holding or dealing with that material,

damage would be caused to the environment by

means of that material.

(3)   

A person contravenes this subsection if without lawful authority—

45

 

 

Criminal Justice and Immigration Bill
Schedule 17 — Offences relating to nuclear material and nuclear facilities
Part 1 — Amendments to Nuclear Material (Offences) Act 1983

222

 

(a)   

he does an act directed at a nuclear facility, or which

interferes with the operation of such a facility, and

(b)   

he does so either—

(i)   

intending to cause, or for the purpose of enabling

another to cause, damage to the environment by

5

means of the emission of ionising radiation or the

release of radioactive material, or

(ii)   

being reckless as to whether, as a result of his act,

damage would be caused to the environment by

means of such an emission or release.

10

(4)   

A person guilty of an offence under this section shall be liable, on

conviction on indictment, to imprisonment for life.

1C      

Offences of importing or exporting etc. nuclear material: extended

jurisdiction

(1)   

If a person, whatever his nationality, outside the United Kingdom

15

contravenes subsection (2) below he shall be guilty of an offence.

(2)   

A person contravenes this subsection if he is knowingly concerned

in—

(a)   

the unlawful export or shipment as stores of nuclear material

from one country to another, or

20

(b)   

the unlawful import of nuclear material into one country

from another.

(3)   

For the purposes of subsection (2)—

(a)   

the export or shipment as stores of nuclear material from a

country, or

25

(b)   

the import of nuclear material into a country,

   

is unlawful if it is contrary to any prohibition or restriction on the

export, shipment as stores or import (as the case may be) of nuclear

material having effect under or by virtue of the law of that country.

(4)   

A statement in a certificate issued by or on behalf of the government

30

of a country outside the United Kingdom to the effect that a

particular export, shipment as stores or import of nuclear material is

contrary to such a prohibition or restriction having effect under or by

virtue of the law of that country, shall be evidence (in Scotland,

sufficient evidence) that the export, shipment or import was

35

unlawful for the purposes of subsection (2).

(5)   

In any proceedings a document purporting to be a certificate of the

kind mentioned in subsection (4) above shall be taken to be such a

certificate unless the contrary is proved.

(6)   

A person guilty of an offence under this section shall be liable, on

40

conviction on indictment, to imprisonment for a term not exceeding

14 years.

(7)   

In this section “country” includes territory.

 

 

 
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