Moved by
Lord Parkinson of Whitley Bay
12: Schedule 14, page 240, line 24, after first “the” insert “first”
Member’s explanatory statement
This is a technical amendment ensuring that the amendments made under Schedule 14 to Schedule 1 to the Children and Young Persons Act 1933 are inserted in the correct place in that Act.
13: Schedule 14, page 240, line 25, after “66A” insert “, 66B”
Member’s explanatory statement
This amendment adds a reference to the new offences of sharing and threatening to share an intimate photograph or film to Schedule 1 to the Children and Young Persons Act 1933 (offences to which certain provisions of that Act apply).
14: Schedule 14, page 240, line 25, at end insert—
“13A_ In section 65A of the Police and Criminal Evidence Act 1984 (“qualifying offences” for the purposes of Part 5 of that Act), in subsection (2)(p) after “61 to” insert “66A, 66B(2) and (3),”.”
Member’s explanatory statement
This amendment adds a reference to certain of the new offences of sharing an intimate photograph or film to section 65A(2) of the Police and Criminal Evidence Act 1984 (meaning of “qualifying offence” for the purposes of Part 5 of that Act).
15: Schedule 14, page 240, line 25, at end insert—
“13A_ In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), after subsection (2A) insert—
“(2B) For the purposes of this Act, where it is alleged or there is an accusation that an offence under section 66B(4) of the Sexual Offences Act 2003 (threatening to share intimate photograph or film) has been committed, the person against whom the offence is alleged to have been committed is to be regarded as—
(a) the person to whom the threat mentioned in that subsection is alleged to have been made, and
(b) (if different) the person shown, or who appears to be shown, in an intimate state in the photograph or film that is the subject of the threat.””
Member’s explanatory statement
This amendment has the effect of applying the provisions of the Sexual Offences (Amendment) Act 1992 to the person shown or who appears to be shown in an intimate photograph or film where a threat to share the photograph or film is made to a person other than that person.
16: Schedule 14, page 240, line 27, at end insert—
“(1A) In section 78 (meaning of “sexual”), after “15A” insert “, 66B to 66D ”.”
Member’s explanatory statement
This amendment provides that the existing definition of “sexual” in section 78 of the Sexual Offences Act 2003 does not apply to the new offences of sharing and threatening to share an intimate photograph or film (on account of a separate definition applying to those offences).
17: Schedule 14, page 240, line 29, after “66A” insert “, 66B(2) and (3)”
Member’s explanatory statement
This amendment adds a reference to certain of the new offences of sharing an intimate photograph or film to section 136A(3A) of the Sexual Offences Act 2003 (offences specified as child sex offences for the purposes of Part 2A of that Act when committed against a person under 18).
18: Schedule 14, page 241, line 4, at end insert—
“33B_ An offence under section 66B(3) of this Act (sharing intimate photograph or film for purpose of obtaining sexual gratification) if—
(a) where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
(b) in any other case—
(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been—
(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.””
Member’s explanatory statement
This amendment adds a reference to the new offence of sharing an intimate photograph or film for the purpose of obtaining sexual gratification to Schedule 3 to the Sexual Offences Act 2003 (offences to which certain provisions of that Act apply).
19: Schedule 14, page 241, line 10, at end insert—
“149B_ An offence under section 66B(2) or (3) of that Act (sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification).””
Member’s explanatory statement
This amendment adds a reference to certain of the new offences of sharing an intimate photograph or film to Schedule 15 to the Criminal Justice Act 2003 (specified sexual offences for the purposes of section 325 of that Act).
20: Schedule 14, page 241, line 12, after “66A” insert “, 66B(2) or (3)”
Member’s explanatory statement
This amendment adds a reference to certain of the new offences of sharing an intimate photograph or film to Schedule 34A to the Criminal Justice Act 2003 (child sex offences for the purposes of section 327A of that Act).
21: Schedule 14, page 241, line 12, at end insert “, and
(b) after “exposure” insert “, sending etc photograph or film of genitals, sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification”.”
Member’s explanatory statement
This amendment is consequential on the other amendment to Schedule 34A to the Criminal Justice Act 2003 made in my name.
22: Schedule 14, page 241, line 17, after “66A” insert “, 66B(2) and (3)”
Member’s explanatory statement
This amendment adds a reference to certain of the new offences of sharing an intimate photograph or film to section 116 of the Anti-social Behaviour, Crime and Policing Act 2014 (conduct constituting offence amounting to “child sexual exploitation” when committed against a person under 18 for the purposes of that section).
23: Schedule 14, page 241, line 17, at end insert “, and
(b) after “exposure” insert “, sending etc photograph or film of genitals, sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification”.”
Member’s explanatory statement
This amendment is consequential on the other amendment to section 116 of the Anti-social Behaviour, Crime and Policing Act 2014 made in my name.
24: Schedule 14, page 241, line 22, at end insert—
“section 66B(2) (sharing intimate photograph or film with intent to cause alarm, distress or humiliation)
section 66B(3) (sharing intimate photograph or film for purpose of obtaining sexual gratification)”.”
Member’s explanatory statement
This amendment adds a reference to certain of the new offences of sharing an intimate photograph or film to paragraph 33 of Schedule 4 to the Modern Slavery Act 2015 (offences to which the defence in section 45 does not apply).
25: Schedule 14, page 241, line 27, at end insert—
“(axb) section 66B(2) (sharing intimate photograph or film with intent to cause alarm, distress or humiliation);
(axc) section 66B(3) (sharing intimate photograph or film for purpose of obtaining sexual gratification);”.”
Member’s explanatory statement
This amendment adds a reference to certain of the new offences of sharing an intimate photograph or film to Part 2 of Schedule 18 to the Sentencing Act 2020 (specified sexual offences for the purposes of section 306 of that Act).
26: Schedule 14, page 241, line 32, at end insert—
“PART 4
AMENDMENTS CONSEQUENTIAL ON SECTION (REPEALS IN CONNECTION WITH OFFENCES UNDER SECTION (SHARING OR THREATENING TO SHARE INTIMATE PHOTOGRAPH OR FILM))
Criminal Justice and Courts Act 2015
20_(1) The Criminal Justice and Courts Act 2015 is amended as follows.
(2) In section 96 (extent), in subsection (6), omit paragraphs (c) and (g).
(3) Omit Schedule 8 (disclosing or threatening to disclose private sexual photographs or films: providers of information society services).
Domestic Abuse Act 2021
21_(1) The Domestic Abuse Act 2021 is amended as follows.
(2) Omit section 69 (threats to disclose private sexual photographs and films with intent to cause distress) and the italic heading before it.
(3) In section 85 (power to make consequential provision), in subsection (1)(b), omit “69,”.
(4) In section 86 (power to make transitional or saving provision), in subsection (1)(b), omit “69,”.
Overseas Operations (Service Personnel and Veterans) Act 2021
22_ In Part 1 of Schedule 1 to the Overseas Operations (Service Personnel and Veterans) Act 2021 (“excluded offences” for the purposes of section 6 of that Act), omit paragraph 11.
Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835)
23_ In the Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021, omit regulation 8 (amendment of the Criminal Justice and Courts Act 2015).”
Member’s explanatory statement
This amendment inserts a new Part into Schedule 14 consequential on the new Clause in my name repealing sections 33 to 35 of the Criminal Justice and Courts Act 2015.