|
| |
| |
after subsection (3) insert— |
| |
“(3A) | Without prejudice to subsection (2), where— |
| |
(a) | an order is made under section 1(2A) of the Street Offences Act |
| |
1959 in respect of a conviction, |
| |
(b) | after the end of the rehabilitation period applicable to the |
| 5 |
conviction the offender is dealt with again for the offence for |
| |
which that order was made, and |
| |
(c) | the rehabilitation period applicable to the conviction in |
| |
accordance with subsection (2) (taking into account any |
| |
sentence imposed when so dealing with the offender) ends later |
| 10 |
than the rehabilitation period previously applicable to the |
| |
| |
| the offender shall be treated for the purposes of this Act as not having |
| |
become a rehabilitated person in respect of that conviction, and that |
| |
conviction shall for those purposes be treated as not having become |
| 15 |
spent, in relation to any period falling before the end of the new |
| |
| |
18 | Soliciting: England and Wales |
| |
Before section 52 of Sexual Offences Act 2003 (c. 42) (but after the italic |
| |
heading, which becomes “Prostitution”) insert— |
| 20 |
| |
(1) | It is an offence for a person in a street or public place to solicit another |
| |
(B) for the purpose of obtaining B’s sexual services as a prostitute. |
| |
(2) | The reference to a person in a street or public place includes a person in |
| |
a vehicle in a street or public place. |
| 25 |
(3) | A person guilty of an offence under this section is liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale. |
| |
(4) | In this section “street” has the meaning given by section 1(4) of the |
| |
Street Offences Act 1959.” |
| |
19 | Soliciting: Northern Ireland |
| 30 |
For Articles 60 and 61 of the Sexual Offences (Northern Ireland) Order 2008 |
| |
(S.I. 1769 (N.I. 12)) (kerb-crawling and persistent soliciting) substitute— |
| |
| |
(1) | It is an offence for a person in a street or public place to solicit another |
| |
(B) for the purpose of obtaining B’s sexual services as a prostitute. |
| 35 |
(2) | The reference to a person in a street or public place includes a person in |
| |
a vehicle in a street or public place. |
| |
(3) | A person guilty of an offence under this Article shall be liable on |
| |
summary conviction to a fine not exceeding level 3 on the standard |
| |
| 40 |
| |
| |
|
| |
| |
Closure orders: sexual offences |
| |
| |
(1) | Schedule 2 (which amends the Sexual Offences Act 2003 (c. 42) to make |
| |
provision about closure orders for premises used for activities related to |
| |
certain sexual offences) has effect. |
| 5 |
(2) | For the purposes of sections 136B(3) and (4) and 136D(6) and (7) of the 2003 Act |
| |
(as inserted by Schedule 2), it does not matter whether the offence or offences |
| |
were committed before, or on or after, the date on which this section is |
| |
| |
Orders imposed on sex offenders |
| 10 |
| |
(1) | The Sexual Offences Act 2003 is amended as follows. |
| |
(2) | After section 132 insert— |
| |
“132A | Disapplication of time limit for complaints |
| |
Section 127 of the Magistrates’ Courts Act 1980 (time limits) does not |
| 15 |
apply to a complaint under any provision of this Part.” |
| |
(3) | In section 136 (modifications for Northern Ireland) after subsection (4) insert— |
| |
“(4A) | In section 132A the reference to section 127 of the Magistrates’ Courts |
| |
Act 1980 is to be read as a reference to Article 78 of the Magistrates’ |
| |
Courts (Northern Ireland) Order 1981.” |
| 20 |
(4) | The amendments made by this section apply to a complaint made after the |
| |
commencement of this section even if the matter of complaint arose more than |
| |
6 months before the making of the complaint. |
| |
22 | Foreign travel orders: grounds |
| |
(1) | In the following provisions of the Sexual Offences Act 2003 for “under 16”, |
| 25 |
wherever occurring, substitute “under 18”— |
| |
(a) | section 115(2) (definition of “protecting children generally or any child |
| |
from serious sexual harm from the defendant outside the United |
| |
| |
(b) | section 116(2)(b), (c)(ii) and (iii) and (d) (“qualifying offenders”: |
| 30 |
| |
(2) | The amendments made by this section apply for the purposes of the making, |
| |
variation, renewal or discharge of orders after the commencement of this |
| |
| |
23 | Foreign travel orders: duration |
| 35 |
(1) | In section 117(1) of the Sexual Offences Act 2003 (foreign travel orders: effect) |
| |
for “6 months” substitute “5 years”. |
| |
(2) | The amendment made by this section applies in relation to orders made, varied |
| |
or renewed after the commencement of this section. |
| |
| |
| |
|
| |
| |
24 | Foreign travel orders: surrender of passports |
| |
(1) | The Sexual Offences Act 2003 (c. 42) is amended as follows. |
| |
(2) | After section 117 insert— |
| |
“117A | Foreign travel orders: surrender of passports |
| |
(1) | This section applies in relation to a foreign travel order which contains |
| 5 |
a prohibition within section 117(2)(c). |
| |
(2) | The order must require the defendant to surrender all of the |
| |
defendant’s passports, at a police station specified in the order— |
| |
(a) | on or before the date when the prohibition takes effect, or |
| |
(b) | within a period specified in the order. |
| 10 |
(3) | Any passports surrendered must be returned as soon as reasonably |
| |
practicable after the person ceases to be subject to a foreign travel order |
| |
containing a prohibition within section 117(2)(c). |
| |
(4) | Subsection (3) does not apply in relation to— |
| |
(a) | a passport issued by or on behalf of the authorities of a country |
| 15 |
outside the United Kingdom if the passport has been returned |
| |
| |
(b) | a passport issued by or on behalf of an international |
| |
organisation if the passport has been returned to that |
| |
| 20 |
(5) | In this section “passport” means— |
| |
(a) | a United Kingdom passport within the meaning of the |
| |
| |
(b) | a passport issued by or on behalf of the authorities of a country |
| |
outside the United Kingdom, or by or on behalf of an |
| 25 |
international organisation; |
| |
(c) | a document that can be used (in some or all circumstances) |
| |
| |
(3) | In section 122 (breach of foreign travel order) after subsection (1) insert— |
| |
“(1A) | A person commits an offence if, without reasonable excuse, the person |
| 30 |
fails to comply with a requirement under section 117A(2).” |
| |
(4) | The amendment made by subsection (2) applies in relation to orders made, |
| |
varied or renewed after the commencement of this section. |
| |
Indecent photographs of children |
| |
25 | Penalty for contravening notice relating to encrypted information |
| 35 |
(1) | Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to |
| |
comply with notice relating to encrypted information) is amended as follows. |
| |
(2) | In subsection (5A)(a) after “case” insert “or a child indecency case”. |
| |
(3) | After subsection (5B) insert— |
| |
“(6) | In subsection (5A) “a child indecency case” means a case in which the |
| 40 |
grounds specified in the notice to which the offence relates as the |
| |
| |
| |
|
| |
| |
grounds for imposing a disclosure requirement were or included a |
| |
belief that the imposition of the requirement was necessary for the |
| |
purpose of preventing or detecting an offence under any of the |
| |
provisions listed in subsection (7). |
| |
(7) | Those provisions are— |
| 5 |
(a) | section 1 of the Protection of Children Act 1978 (showing or |
| |
taking etc an indecent photograph of a child: England and |
| |
| |
(b) | Article 3 of the Protection of Children (Northern Ireland) Order |
| |
1978 (S.I. 1978/1047 (N.I. 17)) (corresponding offence for |
| 10 |
| |
(c) | section 52 or 52A of the Civic Government (Scotland) Act 1982 |
| |
(showing or taking etc or possessing an indecent photograph of |
| |
| |
(d) | section 160 of the Criminal Justice Act 1988 (possessing an |
| 15 |
indecent photograph of a child: England and Wales); |
| |
(e) | Article 15 of the Criminal Justice (Evidence, Etc.) (Northern |
| |
Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (corresponding |
| |
offence for Northern Ireland).” |
| |
(4) | The amendments made by this section apply in relation to cases in which the |
| 20 |
section 49 notice was given after the commencement of this section. |
| |
| |
26 | Regulation of lap dancing and other sex encounter venues etc |
| |
(1) | Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) |
| |
(control of sex establishments) is amended as follows. |
| 25 |
(2) | In paragraph 2 (meaning of “sex establishment”) after “means a” insert “sex |
| |
| |
(3) | After paragraph 2 insert— |
| |
“Meaning of “sex encounter venue” |
| |
2A (1) | In this Schedule “sex encounter venue” means any premises at which |
| 30 |
relevant entertainment is provided before a live audience for the |
| |
financial gain of the organiser or the entertainer. |
| |
(2) | In this paragraph “relevant entertainment” means— |
| |
(a) | any live performance; or |
| |
(b) | any live display of nudity; |
| 35 |
| which is of such a nature that, ignoring financial gain, it must |
| |
reasonably be assumed to be provided solely or principally for the |
| |
purpose of sexually stimulating any member of the audience |
| |
(whether by verbal or other means). |
| |
(3) | The following are not sex encounter venues for the purposes of this |
| 40 |
| |
(a) | sex cinemas and sex shops; |
| |
(b) | premises at which the provision of relevant entertainment as |
| |
mentioned in sub-paragraph (1) is such that, at the time in |
| |
| |
| |
|
| |
| |
question and including any relevant entertainment which is |
| |
being so provided at that time— |
| |
(i) | there have not been more than eleven occasions on |
| |
which relevant entertainment has been so provided |
| |
which fall (wholly or partly) within the period of 12 |
| 5 |
months ending with that time; |
| |
(ii) | no such occasion has lasted for more than 24 hours; |
| |
| |
(iii) | no such occasion has begun within the period of one |
| |
month beginning with the end of any previous |
| 10 |
occasion on which relevant entertainment has been so |
| |
provided (whether or not that previous occasion falls |
| |
within the 12 month period mentioned in sub- |
| |
| |
(c) | premises specified or described in an order made by the |
| 15 |
relevant national authority. |
| |
(4) | The relevant national authority may by order amend or repeal sub- |
| |
| |
(5) | But no order under sub-paragraph (4) may— |
| |
(a) | increase the number or length of occasions in any period on |
| 20 |
which sub-paragraph (3)(b) as originally enacted would |
| |
permit relevant entertainment to be provided; or |
| |
(b) | provide for shorter intervals between such occasions. |
| |
(6) | The relevant national authority may by order provide for |
| |
descriptions of performances, or of displays of nudity, which are not |
| 25 |
to be treated as relevant entertainment for the purposes of this |
| |
| |
(7) | Any power of the relevant national authority to make an order under |
| |
| |
(a) | is exercisable by statutory instrument; |
| 30 |
(b) | may be exercised so as to make different provision for |
| |
different cases or descriptions of case or for different |
| |
| |
(c) | includes power to make supplementary, incidental, |
| |
consequential, transitional, transitory or saving provision. |
| 35 |
(8) | A statutory instrument containing an order under sub-paragraph (4) |
| |
may not be made by the Secretary of State unless a draft of the |
| |
instrument has been laid before, and approved by a resolution of, |
| |
each House of Parliament. |
| |
(9) | A statutory instrument containing an order made under sub- |
| 40 |
paragraph (3)(c) or (6) by the Secretary of State is subject to |
| |
annulment in pursuance of a resolution of either House of |
| |
| |
(10) | A statutory instrument containing an order under sub-paragraph (4) |
| |
may not be made by the Welsh Ministers unless a draft of the |
| 45 |
instrument has been laid before, and approved by a resolution of, the |
| |
National Assembly for Wales. |
| |
| |
| |
|
| |
| |
(11) | A statutory instrument containing an order made under sub- |
| |
paragraph (3)(c) or (6) by the Welsh Ministers is subject to annulment |
| |
in pursuance of a resolution of the National Assembly for Wales. |
| |
(12) | For the purposes of this paragraph relevant entertainment is |
| |
provided if, and only if, it is provided, or permitted to be provided, |
| 5 |
by or on behalf of the organiser. |
| |
(13) | For the purposes of this Schedule references to the use of any |
| |
premises as a sex encounter venue are to be read as references to their |
| |
| |
| 10 |
“audience” includes an audience of one; |
| |
“display of nudity” means— |
| |
(a) | in the case of a woman, exposure of her nipples, pubic |
| |
area, genitals or anus; and |
| |
(b) | in the case of a man, exposure of his pubic area, |
| 15 |
| |
“the organiser”, in relation to the provision of relevant |
| |
entertainment at premises, means any person who is |
| |
responsible for the organisation or management of— |
| |
(a) | the relevant entertainment; or |
| 20 |
| |
“premises” includes any vessel, vehicle or stall but does not |
| |
include any private dwelling to which the public is not |
| |
| |
“relevant national authority” means— |
| 25 |
(a) | in relation to England, the Secretary of State; and |
| |
(b) | in relation to Wales, the Welsh Ministers; |
| |
| and for the purposes of sub-paragraphs (1) and (2) it does not matter |
| |
whether the financial gain arises directly or indirectly from the |
| |
performance or display of nudity.” |
| 30 |
(4) | In paragraph 12(3) (refusal of licences) for paragraph (c) substitute— |
| |
“(c) | that the number of sex establishments, or of sex |
| |
establishments of a particular kind, in the relevant locality at |
| |
the time the application is determined is equal to or exceeds |
| |
the number which the authority consider is appropriate for |
| 35 |
| |
(5) | In paragraph 13 (power to prescribe standard conditions)— |
| |
(a) | in sub-paragraph (2)(a) after “for” insert “sex encounter venues,”, |
| |
(b) | in sub-paragraph (2)(b) after “of” insert “sex encounter venues,”, and |
| |
(c) | in sub-paragraph (3) for paragraph (d) (as originally enacted) |
| 40 |
| |
“(d) | any change from one kind of sex establishment |
| |
mentioned in sub-paragraph (2)(a) above to another |
| |
kind of sex establishment so mentioned.” |
| |
(6) | In paragraph 19 (fees in relation to applications) after “grant,” insert |
| 45 |
| |
| |
| |
|
| |
| |
(7) | After paragraph 25 (powers of constables and local authority officers) insert— |
| |
“25A (1) | A person acting under the authority of a warrant under paragraph |
| |
25(4) may seize and remove anything found on the premises |
| |
concerned that the person reasonably believes could be forfeited |
| |
| 5 |
(2) | The person who, immediately before the seizure, had custody or |
| |
control of anything seized under sub-paragraph (1) may request any |
| |
authorised officer of a local authority who seized it to provide a |
| |
record of what was seized. |
| |
(3) | The authorised officer must provide the record within a reasonable |
| 10 |
time of the request being made. |
| |
(4) | The court by or before which a person is convicted of an offence |
| |
under paragraph 20 or 23 of this Schedule may order anything— |
| |
(a) | produced to the court; and |
| |
(b) | shown to the satisfaction of the court to relate to the offence; |
| 15 |
| to be forfeited and dealt with in such manner as the court may order. |
| |
(5) | But the court may not order the forfeiture of anything under sub- |
| |
paragraph (4) if it (whether alone or taken together with other things |
| |
being forfeited which appear to the court to have been in the custody |
| |
or control of the same person) is worth more than the amount of the |
| 20 |
maximum fine specified in paragraph 22(1). |
| |
(6) | Sub-paragraph (7) applies if a person claiming to be the owner of, or |
| |
otherwise interested in, anything that may be forfeited applies to be |
| |
| |
(7) | The court may not order the forfeiture unless the person has had an |
| 25 |
opportunity to show why the order should not be made.” |
| |
(8) | After paragraph 27(10) (appeals) insert— |
| |
“(10A) | Sub-paragraph (10) does not apply if the grounds for refusing an |
| |
application for the renewal of a licence are those set out in paragraph |
| |
12(3)(c) or (d) of this Schedule.” |
| 30 |
(9) | Schedule 3 (provisions which are transitional on this section) has effect. |
| |
| |
| |
27 | Increase in penalty for offence |
| |
In section 12(4) of the Criminal Justice and Police Act 2001 (c. 16) (penalty for |
| 35 |
offence of consuming alcohol in a designated public place) for “level 2” |
| |
| |
28 | Selling alcohol to children |
| |
In section 147A(1)(a) of the Licensing Act 2003 (c. 17) (offence of selling alcohol |
| |
to children on different occasions) for “3 or more different occasions” substitute |
| 40 |
“2 or more different occasions”. |
| |
| |
| |
|
