Member

248B: After Clause 77, insert the following new Clause— “Penalty for failure to uphold duty to report suspected child sex offences(1) The Secretary of State may give a person who acts contrary to section 77 (duty to report suspected child sex offences) a notice requiring them to pay a penalty of a specified amount not exceeding the prescribed maximum.(2) The Secretary of State must issue, and from time to time revise and re-issue, a code of practice specifying factors to be considered by them in determining the amount of a penalty imposed under this section, as well as factors which they will use to assess if the issuance of a penalty would be in the public interest.(3) A penalty notice must—(a) state why the Secretary of State thinks the person is liable to the penalty,(b) state the amount of the penalty,(c) specify a date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,(d) specify how the penalty must be paid,(e) explain how the person may make an appeal against the penalty, and(f) explain how the Secretary of State may enforce the penalty.(4) Any person in receipt of a penalty notice under this section may appeal to the county court on the ground that they are not liable to the imposition of a penalty because—(a) they are not required to comply with the duty to report child sex offences under section 77,(b) a relevant exemption from that section applies,(c) a report under the duty was made and therefore the penalty was issued in error, or(d) the amount of the penalty is too high.(5) The court may—(a) allow the appeal and cancel the penalty,(b) allow the appeal and reduce the penalty, or(c) dismiss the appeal.(6) An appeal shall be a re-hearing of the Secretary of State's decision to impose a penalty, and shall be determined having regard to— (a) the code of practice under this section that has effect at the time of the appeal, and(b) any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).(7) An appeal must be brought within 28 days of the date the notice was received by the person upon whom it was issued.(8) A penalty under this section is recoverable as if it were payable under an order of the county court. Where action is taken to recovery a penalty under this section, the penalty is to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court.(9) Money paid to the Secretary of State by way of penalty must be paid into the Consolidated Fund.”Member’s explanatory statement This amendment seeks to ensure that civil sanctions can be imposed for failure to comply with the duty to report suspected child sex offences.