Moved by
Lord Wigley
230: After Clause 146, insert the following new Clause—
“Digital crime review
(1) The Secretary of State has a duty to provide for a review of legislation which contains powers to prosecute individuals who may have been involved in the commission of digital crime, in order to consolidate such powers in a single statute.
(2) In conducting the review under subsection (1), the Secretary of State must have regard to the statutes and measures that the Secretary of State deems appropriate, including but not limited to—
(a) section 1 of the Malicious Communications Act 1988;
(b) sections 2, 2A, 4 and 4A of the Protection from Harassment Act 1997;
(c) sections 16, 20, 39 and 47 of the Offences Against the Person Act 1861;
(d) sections 10, 13 and 55 of the Data Protection Act 1998;
(e) section 160 of the Criminal Justice Act 1998;
(f) sections 30(1),(3),(5),(6) and 78(5) of the Regulation of Investigatory Powers Act 2000;
(g) the Computer Misuse Act 1990;
(h) the Contempt of Court Act 1981;
(i) the Human Rights Act 1998;
(j) sections 4, 4A, 5, 16(b) and 18 of the Public Order Act 1986;
(k) sections 46 and 145 of the Serious Organised Crime Act 2005;
(l) section 48 of the Wireless Telegraphy Act 2006;
(m) sections 32 to 37 of the Criminal Justice and Courts Act 2014;
(n) the Protection of Children Act 1978;
(o) the Obscene Publications Act 1959;
(p) sections 28 to 32 of the Crime and Disorder Act 1998;
(q) sections 145 and 146 of the Criminal Justice Act 2003;
(r) sections 127 to 131 of the Communications Act 2003;
(s) section 4 of the Data Retention and Investigatory Powers Act 2014;
(t) section 5 of the Sexual Offences (Amendment) Act 1992;
(u) the Counter-Terrorism and Security Act 2015;
(v) sections 33(5) and 29(6) of the Protection of Freedoms Act 2012;
(w) section 2 of the Criminal Damage Act 1971;
(x) sections 4, 8, 10 and 62 of the Sexual Offences Act 2003;
(y) section 43 of the Criminal Justice and Police Act 2001;
(z) section 127 of the Magistrates' Court Act 1980;
(za) section 2(1) of the Suicide Act 1961;
(zb) section 63 of the Criminal Justice and Immigration Act 2008;
(zc) section 21 of the Theft Act 1968;
(zd) section 51(2) of the Criminal Law Act 1977.
(3) The Secretary of State has a duty to determine for the review any other statute under which persons have been prosecuted for a crime falling under subsection (1).
(4) In conducting the review under subsection (1), the Secretary of State must consult with any person or body the Secretary of State deems appropriate, including but not limited to—
(a) the police;
(b) the Crown Prosecution Service;
(c) the judiciary; and
(d) relevant community organisations.”