Serious Crime Act
Official Summary
A Bill to Amend the Proceeds of Crime Act 2002, the Computer Misuse Act 1990, Part 4 of the Policing and Crime Act 2009, section 1 of the Children and Young Persons Act 1933, the Female Genital Mutilation Act 2003, the Prohibition of Female Genital Mutilation (Scotland) Act 2005 and the Terrorism Act 2006; to make provision about involvement in organised crime groups and about serious crime prevention orders; to make provision for the seizure and forfeiture of drug-cutting agents; to create an offence of communicating sexually with a child; to make it an offence to possess an item that contains advice or guidance about committing sexual offences against children; to create an offence in relation to controlling or coercive behaviour in intimate or family relationships; to make it an offence to possess a knife or offensive weapon inside a prison; to make provision for the prevention or restriction of the use of communication devices by persons detained in custodial institutions; to make provision approving for the purposes of section 8 of the European Union Act 2011 certain draft decisions under Article 352 of the Treaty on the Functioning of the European Union relating to serious crime; and for connected purposes.
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Overview
This bill amends several existing Acts to strengthen the law on serious crime, particularly relating to child sexual exploitation, female genital mutilation (FGM), and domestic abuse. It introduces new offences, clarifies existing ones, and enhances reporting requirements for professionals.
Description
New Offences and Amendments to Existing Offences:
The bill creates a new offence of sexual communication with a child, broadening the definition of sexual activity and introducing penalties of up to two years' imprisonment. It also redefines child sexual exploitation in several Acts, replacing references to “prostitution or pornography” with “sexual exploitation” and expanding the definition to include situations where indecent images are recorded. A new offence of controlling or coercive behaviour in intimate or family relationships is introduced, with penalties of up to five years' imprisonment.
Reporting and Disclosure:
The bill introduces a mandatory reporting duty for healthcare professionals, teachers, and social care workers in Wales to report suspected cases of FGM in girls under 18. It also creates an exemption from civil liability for individuals making good-faith disclosures of money laundering. The application of certain orders under various acts are changed to summary applications.
Other Provisions:
The bill includes provisions to regulate the use of communication devices by prisoners, requiring court orders to restrict their use. It mandates the creation of codes of practice relating to investigatory powers, specifically addressing the protection of journalistic sources. Finally, the bill directs an assessment of evidence on sex-selective abortions in the UK and the development of a strategic plan to address the issue.
Government Spending
The bill does not provide specific figures for government spending. The costs will likely relate to increased enforcement of new offences, training for professionals on mandatory reporting duties for FGM and the implementation of new regulations concerning communication devices in prisons and the assessment of sex-selective abortions.
Groups Affected
- Children: Increased protection through new offences related to sexual communication and exploitation.
- Healthcare professionals, teachers, and social workers in Wales: New mandatory reporting duties for FGM.
- Victims of domestic abuse: Greater legal protection through the new offence of controlling or coercive behaviour.
- Prisoners: Restrictions on the use of communication devices.
- Journalists: Increased protection of journalistic sources in relation to investigatory powers.
- Individuals involved in money laundering: Clarification of civil liability protection for disclosures.
- Women at risk of sex-selective abortions: Increased protection and support from a planned strategic plan to tackle the issue.
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