Policing and Crime Bill — Report (3rd Day) — 12 Dec 2016 at 19:00

Moved by Baroness Hamwee

179A: Clause 144, page 161, line 22, after “constable” insert “reasonably”

Moved by Baroness Williams of Trafford

180: Clause 145, page 162, line 41, leave out from second “individual” to end of line 42 and insert “, one or more documents that enable the individual’s nationality or citizenship to be established;”

Moved by Baroness Williams of Trafford

181: After Clause 145, insert the following new Clause-“Pilot schemes(1) The Secretary of State may by regulations made by statutory instrument provide for any provision of sections 144 and 145 to come into force for a period of time to be specified in or under the regulations for the purpose of assessing the effectiveness of the provision.(2) Regulations under subsection (1) may make different provision for different purposes or different areas.(3) More than one set of regulations may be made under subsection (1).(4) Provision included in regulations under subsection (1) does not affect the provision that may be included in relation to sections 144 and 145 in regulations under section 160 (commencement).”

Moved by Lord Lexden

181C: Clause 148, page 168, line 9, at end insert-“( ) Except in relation to service disciplinary proceedings, this section applies only in relation to persons convicted or cautioned in England and Wales.”

Moved by Lord Cashman

181D: After Clause 149, insert the following new Clause-“Power to provide for disregards and pardons for additional abolished offences: England and Wales(1) The Secretary of State may by regulations made by statutory instrument amend section 92 of the Protection of Freedoms Act 2012 (power of Secretary of State to disregard convictions or cautions) so as to add further offences to the list of offences specified in subsection (1) of that section.(2) An offence may be added to that list only if-(a) it was an offence under the law of England and Wales,(b) it has been repealed or, in the case of an offence at common law, abolished, and(c) either-(i) the offence expressly regulated homosexual activity, or(ii) although the offence did not expressly regulate homosexual activity, it appears to the Secretary of State that those responsible for investigating occurrences of the offence targeted occurrences involving, or connected with, homosexual activity.(3) Regulations under subsection (1) adding an offence may also amend section 92 so as to provide that, in relation to the offence, condition A is that it appears to the Secretary of State that matters specified in the amendment apply (in substitution for the matters specified in subsection (3)(a) and (b) of that section). (4) Regulations under subsection (1) may make consequential amendments of Chapter 4 of Part 5 of the 2012 Act.(5) Regulations under subsection (1) adding an offence must also provide for any person who has been convicted of, or cautioned for, the offence to be pardoned where-(a) the person has died before the regulations come into force or the person dies during the period of 6 months beginning with the day on which they come into force, and(b) the conditions specified in the regulations are met.(6) Those conditions must correspond to the matters that are specified in condition A in section 92 of the 2012 Act as it applies in relation to the offence (that is, the matters which must appear to the Secretary of State to apply in order for condition A to be met).(7) Subsection (5)(a) does not apply in relation to a person who dies during the period of 6 months if, before the person’s death, the person’s conviction of, or caution for, the offence becomes a disregarded conviction or caution under Chapter 4 of Part 5 of the 2012 Act (and, accordingly, the person is pardoned for the offence before death under section 149(3) of this Act).(8) The regulations must make provision which has a comparable effect in relation to the pardons provided for by the regulations and the offences to which those pardons relate as section 148(4) to (6) of this Act has in relation to the pardons provided for by section 148(1) to (3) and the offences to which they relate.(9) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.(10) In this section, “caution”, “conviction”, “disregarded caution” and “disregarded conviction” have the same meaning as in Chapter 4 of Part 5 of the 2012 Act (see section 101 of that Act).”

Moved by Lord Cashman

181E: Clause 150, page 168, line 26, after “149” insert “, or under regulations under section (Power to provide for disregards and pardons for additional abolished offences: England and Wales),”

181F: Clause 150, page 168, line 29, leave out “section 148 or 149” and insert “sections 148 to (Power to provide for disregards and pardons for additional abolished offences: England and Wales) or regulations under section (Power to provide for disregards and pardons for additional abolished offences: England and Wales)”

Moved by Lord Lexden

181G: After Clause 150, insert the following new Clause-“Disregarding certain convictions etc for abolished offences: Northern Ireland(1) After Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 (disregarding certain convictions for buggery etc) insert-“CHAPTER 5DISREGARDING CERTAIN CONVICTIONS FOR BUGGERY ETC: NORTHERN IRELANDGeneral101A Power of Department of Justice to disregard certain convictions or cautions (1) A person who has in Northern Ireland been convicted of, or cautioned for, an offence under-(a) Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery),(b) Article 7 of the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to commit homosexual acts),(c) section 61 of the Offences against the Person Act 1861 (buggery), or(d) section 11 of the Criminal Law Amendment Act 1885 (indecent acts between men),may apply to the Department of Justice in Northern Ireland for the conviction or caution to become a disregarded conviction or caution.(2) A conviction or caution becomes a disregarded conviction or caution when conditions A and B are met.(3) In relation to an offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982, Condition A is that the Department of Justice in Northern Ireland decides that it appears that-(a) the conduct procured was conduct involving persons who consented to it and were aged 17 or over (whether or not that conduct occurred), and(b) the conduct procured would not now be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (sexual activity in a public lavatory).(4) In relation to any other offence mentioned in subsection (1), Condition A is that the Department of Justice in Northern Ireland decides that it appears that-(a) the other person involved in the conduct constituting the offence consented to it and was aged 17 or over, and(b) any such conduct now would not be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)).(5) Condition B is that-(a) the Department of Justice in Northern Ireland has given notice of the decision to the applicant under section 101C(4)(b), and(b) the period of 14 days beginning with the day on which the notice was given has ended.(6) Sections 101D to 101G explain the effect of a conviction or caution becoming a disregarded conviction or caution.101B Applications to the Department of Justice(1) An application under section 101A must be in writing.(2) It must state-(a) the name, address and date of birth of the applicant,(b) the name and address of the applicant at the time of the conviction or caution,(c) so far as known to the applicant, the time when and the place where the conviction was made or the caution given and, for a conviction, the case number, and(d) such other information as the Department of Justice in Northern Ireland may require.(3) It may include representations by the applicant or written evidence about the matters mentioned in condition A in section 101A.101C Procedure for decisions by the Department of Justice(1) In considering whether to make a decision of the kind mentioned in condition A in section 101A, the Department of Justice in Northern Ireland must, in particular, consider- (a) any representations or evidence included in the application, and(b) any available record of the investigation of the offence and of any proceedings relating to it that the Department of Justice in Northern Ireland considers to be relevant.(2) The Department of Justice in Northern Ireland may not hold an oral hearing for the purpose of deciding whether to make a decision of the kind mentioned in condition A in section 101A.(3) Subsection (4) applies if the Department of Justice in Northern Ireland-(a) decides that it appears as mentioned in condition A in section 101A, or(b) makes a different decision in relation to the matters mentioned in that condition.(4) The Department of Justice in Northern Ireland must-(a) record the decision in writing, and(b) give notice of it to the applicant.Effect of disregard101D Effect of disregard on police and other records(1) The Department of Justice in Northern Ireland must by notice direct the relevant data controller to delete details, contained in relevant official records, of a disregarded conviction or caution.(2) A notice under subsection (1) may be given at any time after condition A in section 101A is met but no deletion may have effect before condition B in that section is met.(3) Subject to that, the relevant data controller must delete the details as soon as reasonably practicable.(4) Having done so, the relevant data controller must give notice to the person who has the disregarded conviction or caution that the details of it have been deleted.(5) In this section-“delete”, in relation to such relevant official records as may be prescribed, means record with the details of the conviction or caution concerned-(a) the fact that it is a disregarded conviction or caution, and(b) the effect of it being such a conviction or caution,“the general names database” means the names database held by the Secretary of State for the use of constables,“the Northern Ireland names database” means the names database maintained by the Department of Justice in Northern Ireland for the purpose of recording convictions and cautions,“official records” means records containing information about persons convicted of, or cautioned for, offences and kept by any court, police force, government department or local or other public authority in Northern Ireland for the purposes of its functions,“prescribed” means prescribed by order of the Department of Justice in Northern Ireland,“relevant data controller” means-(a) in relation to the general names database or the Northern Ireland names database, the Chief Constable of the Police Service of Northern Ireland,(b) in relation to other relevant official records, such persons as may be prescribed,“relevant official records” means-(a) the general names database,(b) the Northern Ireland names database, and(c) such other official records as may be prescribed. (6) An order under this section may make different provision for different purposes.(7) Any power to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).(8) A statutory rule containing an order under this section is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I))).101E Effect of disregard for disclosure and other purposes(1) A person who has a disregarded conviction or caution is to be treated for all purposes in law as if the person has not-(a) committed the offence,(b) been charged with, or prosecuted for, the offence,(c) been convicted of the offence,(d) been sentenced for the offence, or(e) been cautioned for the offence.(2) In particular-(a) no evidence is to be admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in Northern Ireland to prove that the person has done, or undergone, anything within subsection (1)(a) to (e), and(b) the person is not, in any such proceedings, to be asked (and, if asked, is not to be required to answer) any question relating to the person’s past which cannot be answered without acknowledging or referring to the conviction or caution or any circumstances ancillary to it.(3) Where a question is put to a person, other than in such proceedings, seeking information with respect to the previous convictions, cautions, offences, conduct or circumstances of any person-(a) the question is to be treated as not relating to any disregarded conviction or caution, or any circumstances ancillary to it (and the answer to the question may be framed accordingly), and(b) the person questioned is not to be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose that conviction or caution or any circumstances ancillary to it in answering the question.(4) Any obligation imposed on any person by any enactment or rule of law or by the provisions of any agreement or arrangement to disclose any matters to any other person is not to extend to requiring the disclosure of a disregarded conviction or caution or any circumstances ancillary to it.(5) A disregarded conviction or caution, or any circumstances ancillary to it, is not a proper ground for-(a) dismissing or excluding a person from any office, profession, occupation or employment, or(b) prejudicing the person in any way in any office, profession, occupation or employment.(6) This section is subject to section 101F but otherwise applies despite any enactment or rule of law to the contrary.(7) See also section 101G (meaning of “proceedings before a judicial authority” and “circumstances ancillary to a conviction or caution”).101F Saving for Royal pardons etcNothing in section 101E affects any right of Her Majesty, by virtue of Her Royal prerogative or otherwise, to grant a free pardon, to quash any conviction or sentence, or to commute any sentence. 101G Section 101E: supplementary(1) In section 101E, “proceedings before a judicial authority” includes (in addition to proceedings before any of the ordinary courts of law) proceedings before any tribunal, body or person having power-(a) by virtue of any enactment, law, custom or practice,(b) under the rules governing any association, institution, profession, occupation or employment, or(c) under any provision of an agreement providing for arbitration with respect to questions arising under that agreement,to determine any question affecting the rights, privileges, obligations or liabilities of any person, or to receive evidence affecting the determination of any such question.(2) For the purposes of section 101E, circumstances ancillary to a conviction are any circumstances of-(a) the offence which was the subject of the conviction;(b) the conduct constituting the offence;(c) any process or proceedings preliminary to the conviction;(d) any sentence imposed in respect of the conviction;(e) any proceedings (whether by appeal or otherwise) for reviewing the conviction or any such sentence;(f) anything done in pursuance of, or undergone in compliance with, any such sentence.(3) For the purposes of section 101E, circumstances ancillary to a caution are any circumstances of-(a) the offence which was the subject of the caution;(b) the conduct constituting the offence;(c) any process preliminary to the caution (including consideration by any person of how to deal with the offence and the procedure for giving the caution);(d) any proceedings for the offence which take place before the caution is given;(e) anything which happens after the caution is given for the purposes of bringing any such proceedings to an end;(f) any judicial review proceedings relating to the caution.Appeals and other supplementary provision101H Appeal against refusal to disregard convictions or caution(1) The applicant may appeal to the High Court in Northern Ireland if-(a) the Department of Justice in Northern Ireland makes a decision of the kind mentioned in section 101C(3)(b), and(b) the High Court gives permission for an appeal against the decision.(2) On such an appeal, the High Court must make its decision only on the basis of the evidence that was available to the Department of Justice in Northern Ireland.(3) If the High Court decides that it appears as mentioned in condition A in section 101A, it must make an order to that effect.(4) Otherwise, it must dismiss the appeal.(5) A conviction or caution to which an order under subsection (3) relates becomes a disregarded conviction or caution when the period of 14 days beginning with the day on which the order was made has ended.(6) There is no appeal from a decision of the High Court under this section.101I Advisers(1) The Department of Justice in Northern Ireland may appoint persons to advise whether, in any case referred to them by the Department of Justice in Northern Ireland, the Department of Justice in Northern Ireland should decide as mentioned in condition A in section 101A.(2) The Department of Justice in Northern Ireland may disclose to a person so appointed such information (including anything within section 101C(1)(a) or (b)) as the Department of Justice considers relevant to the provision of such advice.(3) The Department of Justice in Northern Ireland may pay expenses and allowances to a person so appointed.101J Interpretation: Chapter 5(1) In this Chapter-“caution” means a caution or a warning given to a person in Northern Ireland in respect of an offence which, at the time the caution or warning is given, that person has admitted,“conviction” includes-(a) a conviction in respect of which an order has been made discharging the person concerned absolutely or conditionally, and(b) a finding in any criminal proceedings (including a finding linked with a finding of insanity) that a person has committed an offence or done the act or made the omission charged,“disregarded caution” is a caution which has become a disregarded caution by virtue of this Chapter,“disregarded conviction” is a conviction which has become a disregarded conviction by virtue of this Chapter,“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its provision or production include providing or producing a copy of the information in legible form,“information” includes documents,“notice” means notice in writing,“official records” has the meaning given by section 101D(5).(2) Paragraph (a) of the definition of “conviction” applies despite Article 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (which deems a conviction of a person discharged not to be a conviction).(3) In this Chapter, a reference to an offence includes-(a) a reference to an attempt, conspiracy or incitement to commit that offence, and(b) a reference to aiding, abetting, counselling or procuring the commission of that offence.(4) In the case of an attempt, conspiracy or incitement, the references in this Chapter to the conduct constituting the offence are references to the conduct to which the attempt, conspiracy or incitement related (whether or not that conduct occurred).(5) For the purposes of subsections (3) and (4) an attempt to commit an offence includes conduct which-(a) consisted of frequenting with intent to commit the offence any river, canal, street, highway, place of public resort or other location mentioned in section 4 of the Vagrancy Act 1824 (as it then had effect) in connection with frequenting by suspected persons or reputed thiefs, and(b) was itself an offence under that section.”(2) In Article 2 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27) (interpretation), after paragraph (3) insert- “(3A) This Order does not apply to any disregarded conviction or caution within the meaning of Chapter 5 of Part 5 of the Protection of Freedoms Act 2012.(3B) Accordingly, references in this Order to a conviction or caution do not include references to any such disregarded conviction or caution.”(3) In the heading of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012, at the end insert “: England and Wales”.(4) In section 92 of that Act, after subsection (5) insert-“(6) Except in relation to service disciplinary proceedings, this section applies only in relation to persons convicted or cautioned in England and Wales.””

181H: After Clause 150, insert the following new Clause-“Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland(1) A person who has in Northern Ireland been convicted of, or cautioned for, an offence specified in subsection (2) and who has died before this section comes into force is pardoned for the offence if the conditions that apply under this section in relation to the offence are met.(2) The offences to which subsection (1) applies are-(a) an offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery);(b) an offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/ 1536 (N.I. 19)) (procuring others to commit homosexual acts);(c) an offence under any of the following earlier provisions-(i) 10 Chas. 1 sess. 2 c. 20 (1634) (an Act for the punishment of the vice of buggery);(ii) section 18 of 10 Geo. 4 c. 34 (1829) (an Act for consolidating and amending the statutes in Ireland relating to offences against the person)(buggery);(iii) section 61 of the Offences against the Person Act 1861 (buggery);(iv) section 11 of the Criminal Law Amendment Act 1885 (gross indecency between men).(3) In relation to an offence under Article 7 of the Homosexual Offences (Northern Ireland) Order 1982, the conditions that apply are that-(a) the conduct procured was conduct involving persons who consented to it and were aged 17 or over (whether or not that conduct occurred), and(b) the conduct procured would not now be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/ 1769 (N.I. 2)) (sexual activity in a public lavatory).(4) In relation to any other offence mentioned in subsection (2), the conditions that apply are that-(a) the other person involved in the conduct constituting the offence consented to it and was aged 17 or over, and(b) any such conduct at the time this section comes into force would not be an offence under Article 75 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (sexual activity in a public lavatory).(5) The following provisions of section 101J of the Protection of Freedoms Act 2012 apply for the purposes of this section and section (Sections (Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland) to (Power to provide for disregards and pardons for additional abolished offences: Northern Ireland): supplementary)(1) (so far as relating to this section) as they apply for the purposes of Chapter 5 of Part 5 of that Act- (a) in subsection (1), the definitions of “caution” and “conviction”;(b) subsections (2) to (5).”

181J: After Clause 150, insert the following new Clause-“Other pardons for convictions etc of certain abolished offences: Northern Ireland(1) This section applies to a person who has in Northern Ireland been convicted of, or cautioned for, an offence mentioned in section 101A(1) of the Protection of Freedoms Act 2012 and who is living at the time this section comes into force.(2) If, at any time after this section comes into force, the person’s conviction or caution becomes a disregarded conviction or caution under Chapter 5 of Part 5 of the Protection of Freedoms Act 2012, the person is also pardoned for the offence at that time.(3) Expressions used in this section or section (Sections (Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland) to (Power to provide for disregards and pardons for additional abolished offences: Northern Ireland): supplementary)(1) (so far as relating to this section) and in Chapter 5 of Part 5 of the Protection of Freedoms Act 2012 have the same meaning in this section or (as the case may be) section (Sections (Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland) to (Power to provide for disregards and pardons for additional abolished offences: Northern Ireland): supplementary)(1) as in that Chapter (see section 101J of that Act).”

181K: After Clause 150, insert the following new Clause-“Power to provide for disregards and pardons for additional abolished offences: Northern Ireland(1) The Department of Justice in Northern Ireland may by regulations amend section 101A of the Protection of Freedoms Act 2012 (power of Department of Justice to disregard convictions or cautions) so as to add further offences to the list of offences specified in subsection (1) of that section.(2) An offence may be added to that list only if-(a) it was an offence under the law of Northern Ireland (or, in the case of an offence that applied before Northern Ireland became a separate legal jurisdiction, an offence under the law of Ireland),(b) it has been repealed or, in the case of an offence at common law, abolished, and(c) either-(i) the offence expressly regulated homosexual activity, or(ii) although the offence did not expressly regulate homosexual activity, it appears to the Department of Justice that those responsible for investigating occurrences of the offence targeted occurrences involving, or connected with, homosexual activity.(3) Regulations under subsection (1) adding an offence may also amend section 101A so as to provide that, in relation to the offence, condition A is that it appears to the Department of Justice that matters specified in the amendment apply (in substitution for the matters specified in subsection (4)(a) and (b) of that section).(4) Regulations under subsection (1) may make consequential amendments of Chapter 5 of Part 5 of the 2012 Act.(5) Regulations under subsection (1) adding an offence must also provide for any person who has been convicted of, or cautioned for, the offence to be pardoned where-(a) the person has died before the regulations come into force or the person dies during the period of 6 months beginning with the day on which they come into force, and (b) the conditions specified in the regulations are met.(6) Those conditions must correspond to the matters that are specified in condition A in section 101A of the 2012 Act as it applies in relation to the offence (that is, the matters which must appear to the Department of Justice to apply in order for condition A to be met).(7) Subsection (5)(a) does not apply in relation to a person who dies during the period of 6 months if, before the person’s death, the person’s conviction of, or caution for, the offence becomes a disregarded conviction or caution under Chapter 5 of Part 5 of the 2012 Act (and, accordingly, the person is pardoned for the offence before death under section (Other pardons for convictions etc of certain abolished offences: Northern Ireland)(2) of this Act).(8) The regulations must make provision which has a comparable effect in relation to the pardons provided for by the regulations and the offences to which those pardons relate as section (Pardons for convictions etc of certain abolished offences: Northern Ireland)(5) of this Act has in relation to the pardons provided for by section (Pardons for convictions etc of certain abolished offences: Northern Ireland)(1) to (4) and the offences to which they relate.(9) The power to make regulations under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/ 1573)(N.I. 12)).(10) Regulations under this section may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.(11) In this section, “caution”, “conviction”, “disregarded caution” and “disregarded conviction” have the same meaning as in Chapter 5 of Part 5 of the 2012 Act (see section 101J of that Act).”

181L: After Clause 150, insert the following new Clause-“Sections (Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland) to (Power to provide for disregards and pardons for additional abolished offences: Northern Ireland): supplementary(1) A pardon under section (Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland) or (Other pardons for convictions etc of certain abolished offences: Northern Ireland), or under regulations under section (Power to provide for disregards and pardons for additional abolished offences: Northern Ireland), does not-(a) affect any conviction, caution or sentence, or(b) give rise to any right, entitlement or liability.(2) Nothing in this section or in sections (Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland) to (Power to provide for disregards and pardons for additional abolished offences: Northern Ireland) or regulations under section (Power to provide for disregards and pardons for additional abolished offences: Northern Ireland) affects the prerogative of mercy.”

Moved by Lord Paddick

181M: After Clause 150, insert the following new Clause-“Vagrancy Act 1824In section 8 of the Criminal Attempts Act 1981 (abolition of offence of loitering etc with intent) at end insert-“(2) A person who has been convicted of, or cautioned for, an offence under those provisions is pardoned for the offence. (3) For the purposes of subsection (2) it is irrelevant whether the person has died before subsection (2) comes into force.(4) A pardon under this section does not give rise to any right, entitlement or liability.””

Moved by Lord Marlesford

182: After Clause 152, insert the following new Clause-“Anonymity before charge(1) Section 37 of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge) is amended as follows.(2) After subsection (10) insert-“(11) Where a person is accused of an offence but has not yet been charged, or has been released without charge (with or without bail), no matter likely to lead members of the public to identify them as the person who has been arrested for an offence shall be published or otherwise disclosed in England and Wales, except where subsection (12) applies.(12) This subsection applies where a magistrates’ court is satisfied that it is in the public interest to publish or disclose information of the kind described in subsection (11), and the court makes an order to that effect.””

Tabled by Lord Marks of Henley-on-Thames

183: After Clause 152, insert the following new Clause-“Disclosure of private sexual photographs and films without consent(1) The Criminal Justice and Courts Act 2015 is amended as follows.(2) In section 33 (disclosing private sexual photographs and films with intent to cause distress)-(a) in subsection (1), after “disclose” insert “or threaten to disclose”;(b) in paragraph (b) of subsection (1), after “distress” insert “or recklessness as to such distress being caused”;(c) after subsection (1) insert-“(1A) It is also an offence to promote, solicit or profit from a private and sexual photograph or film that has been disclosed without the consent of an individual who appears in the photograph or film, knowing or believing that the same has been disclosed without such consent and with the intent to cause that individual distress, or recklessness as to such distress being caused.”;(d) omit subsection (8).(3) In section 35, omit subsections (4) and (5).”

Moved by Lord Wigley

185: After Clause 152, insert the following new Clause-“Victims and witnesses: disclosure(1) A police force, police officer or Crown Prosecutor may not disclose the name of a victim or witness of a serious sexual assault or violent offence to the person accused of the offence if- (a) the parties are strangers to one another,(b) non-disclosure would not impact on the completion of a fair trial, and(c) it is reasonable to assume that such a disclosure would put the victim or witness at risk of further harm.(2) This section applies whether or not the person accused of the offence has been charged with the offence.”

Tabled by Baroness Berridge

186: After Clause 152, insert the following new Clause-“Forced marriage: financial protection for victimsIn Part 10 of the Anti-social Behaviour, Crime and Policing Act 2014 (forced marriage), after section 122A (inserted by section 151 of this Act) insert-(1) Where subsection (4) applies to a person, that person shall be treated as if he or she has been married, or is married, for the purposes of any provision or enactment, whether in statute or common law, relating to-(a) immigration;(b) pensions; or(c) financial provision or remedies, including for the purposes of Part II of the Matrimonial Causes Act 1973 (financial relief for parties to marriage and children of family).(2) In circumstances where a person who has been married and a person who is married would be treated differently, the person to whom subsection (4) applies may decide which marital status applies to them.(3) For the purposes of subsection (2), the person to whom subsection (4) applies may decide that a different marital status applies to them in different circumstances.(4) This subsection applies where- (a) the court has granted a forced marriage protection order under Part IVA of the Family Law Act 1996 in respect of a person, or(b) an offence under section 120, 121 or 122 of the Anti-social Behaviour, Crime and Policing Act 2014 has been committed against a person.””

Moved by Lord Paddick

187: After Clause 152, insert the following new Clause-“Pre-charge anonymity(1) The Sexual Offences (Amendment) Act 1992 is amended as follows.(2) After section 1 insert-“1A Anonymity of suspects prior to charge(1) Where an allegation has been made that an offence to which this Act applies has been committed by a person but the person has not been charged with that offence, neither the name nor address, and no still or moving picture of that person, nor any other matter shall (without that person's consent) during that person’s lifetime-(a) be published in England and Wales in a written publication available to the public; or(b) be included in a relevant programme for reception in England and Wales,if it is likely to lead members of the public to identify that person as the person by whom the offence is alleged to have been committed.(2) Subsection (1) is subject to any direction given under section 3.”(3) In section 3-(a) in subsection (1) for “to which this Act applies” substitute “to which section 1 of this Act applies”;(b) after subsection (4) insert-“(4A) A police officer of the rank of inspector or above may apply to a judge of the Crown Court for a direction under this subsection and if the judge is satified that it is in the interests of justice to remove or vary a restriction provided for in section 1A, the judge shall direct that the restriction shall be lifted or shall be limited to such extent and on such terms as the judge considers the interests of justice require.(4B) In considering an application under subsection (1), the judge shall have particular regard to the possibility that further witnesses might volunteer evidence relating to sexual offences allegedly committed by the person.”(4) In section 5-(a) in subsection (1) after “section 1” insert “or section 1A”;(b) in subsection (2) after “committed” insert “or the person by whom an offence is alleged to have been committed and to whom section 1A applies”.”

Ayes 113, Noes 236.

Debate in Parliament |