Session 2012 - 13
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Other Bills before Parliament


 
 

Public Bill Committee: 5 February 2013                  

108

 

Crime and Courts Bill [Lords] continued

 
 

(c)    

such other persons as the Director of Public Prosecutions and the Director

 

of the Serious Fraud Office consider appropriate.

 

( )    

Before the code is permitted to come into effect, it shall be laid before

 

Parliament.’.

 

Jenny Chapman

 

Mr David Hanson

 

Stella Creasy

 

Phil Wilson

 

97

 

Schedule  16,  page  280,  line  25,  leave out ‘or to disgorge profits made from the

 

alleged offence’.

 

Jenny Chapman

 

Mr David Hanson

 

Stella Creasy

 

Phil Wilson

 

98

 

Schedule  16,  page  280,  line  26,  at end insert—

 

      ‘()  

Any money that is received by a prosecutor under a term of a DPA that

 

required for P to disgorge profits from the alleged offence is to be distributed

 

according to the Home Office’s Asset Recovery Incentive Scheme.’.

 


 

Jenny Chapman

 

Mr David Hanson

 

Phil Wilson

 

Stella Creasy

 

83

 

Clause  34,  page  33,  line  42,  at end insert—

 

‘(5A)    

After section 50(2)(c) (Procedure) of the 2006 Act insert—

 

“(2A)    

In respect of any application or claim in connection with immigration

 

(whether or not under the rules referred to in subsection (1) or any other

 

enactment) the Secretary of State may make provision for the

 

communication of an immigration officer with the applicant before a

 

decision is taken in respect of that application or claim.

 

(2B)    

Provisions under (2A) may include communication with the individual

 

so as to obtain additional information relevant to their application or

 

claim.”.

 

(5B)    

Before the coming into force of this section, the Secretary of State must make

 

provision for communication between an immigration officer and the applicant

 

for the purposes of obtaining further necessary information not included in the

 

original application, as provided for under sections 50(2A) and (2B) of the 2006

 

Act.’.

 



 
 

Public Bill Committee: 5 February 2013                  

109

 

Crime and Courts Bill [Lords] continued

 
 

Jenny Chapman

 

Mr David Hanson

 

Phil Wilson

 

Stella Creasy

 

84

 

Clause  36,  page  34,  line  29,  after ‘2000’, insert ‘who is working in Criminal and

 

Financial Investigation’.

 

Jenny Chapman

 

Mr David Hanson

 

Phil Wilson

 

Stella Creasy

 

85

 

Clause  36,  page  34,  line  41,  leave out subsections (4) and (5).

 


 

Mr David Hanson

 

Jenny Chapman

 

Stella Creasy

 

Phil Wilson

 

5

 

Clause  37,  page  38,  line  40,  leave out from beginning to ‘and’ in line 44.

 

Mr David Hanson

 

Jenny Chapman

 

Stella Creasy

 

Phil Wilson

 

7

 

Clause  37,  page  39,  leave out lines 8 to 11 and insert—

 

‘( )    

knowingly contrary to any advice (which may take account of any

 

accompanying instructions given by the manufacturer or distributor of

 

the drug), given by the person by whom the drug was prescribed or

 

supplied, about the amount of time that should elapse between taking the

 

drug and driving a motor vehicle.’.

 

Mr David Hanson

 

Jenny Chapman

 

Stella Creasy

 

Phil Wilson

 

6

 

Clause  37,  page  39,  leave out lines 12 to 14.


 
 

Public Bill Committee: 5 February 2013                  

110

 

Crime and Courts Bill [Lords] continued

 
 

Mr David Hanson

 

Stella Creasy

 

Jenny Chapman

 

Phil Wilson

 

112

 

Clause  37,  page  40,  line  31,  at end insert—

 

‘(8)    

A review of the implementation of section 37 shall be undertaken within 12

 

months of Royal Assent and a report laid before both Houses of Parliament.’.

 


 

Mr David Hanson

 

Jenny Chapman

 

Stella Creasy

 

Phil Wilson

 

113

 

Parliamentary Star    

Clause  38,  page  40,  line  38,  at end insert—

 

‘(4)    

The Government must publish an impact assessment on the removal of

 

“insulting” from section 5(1) (harassment, alarm and distress) and from section

 

6(4) (mental element: miscellaneous) of the Public Order Act 1986 no later than

 

12 months after this legislation is enacted. This report must include details of the

 

number of public order complaints made, the characteristics of each complaint

 

and the outcome of each case.’.

 


 

NEW CLAUSES

 

Enforcement by taking control of goods

 

Mr Jeremy Browne

 

NC8

 

To move the following Clause:—

 

‘(1)    

Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (procedure for

 

taking control of goods) is amended as follows.

 

(2)    

In paragraph 17 (enforcement agent may use reasonable force to enter etc where

 

paragraph 18 or 19 applies) for “or 19” substitute “, 18A, 19 or 19A”.

5

(3)    

After paragraph 18 insert—

 

“18A (1)  

This paragraph applies if these conditions are met—

 

(a)    

the enforcement agent has power to enter the premises under

 

paragraph 14;

 

(b)    

the enforcement agent reasonably believes that the debtor

10

carries on a trade or business on the premises;

 

(c)    

the enforcement agent is acting under a writ or warrant of

 

control issued for the purpose of recovering a sum payable

 

under a High Court or county court judgment;

 

(d)    

the sum so payable is not a traffic contravention debt.

15

      (2)  

“Traffic contravention debt” has the meaning given by section 82(2)

 

of the Traffic Management Act 2004.”


 
 

Public Bill Committee: 5 February 2013                  

111

 

Crime and Courts Bill [Lords] continued

 
 

(4)    

After paragraph 19 insert—

 

“19A (1)  

This paragraph applies if these conditions are met—

 

(a)    

the enforcement agent has power to enter the premises under

20

paragraph 16;

 

(b)    

the premises are not premises on which the enforcement agent

 

reasonably believes that the debtor carries on a trade or

 

business;

 

(c)    

the enforcement agent has taken control of the goods by

25

entering into a controlled goods agreement with the debtor;

 

(d)    

the debtor has failed to comply with any provision of the

 

controlled goods agreement relating to the payment by the

 

debtor of the debt;

 

(e)    

the debtor has been given notice of the intention of the

30

enforcement agent to enter the premises to inspect the goods

 

or to remove them for storage or sale;

 

(f)    

paragraph 18 does not apply.

 

      (2)  

For the purposes of a notice under sub-paragraph (1)(e), regulations

 

must state—

35

(a)    

the minimum period of notice;

 

(b)    

the form of the notice;

 

(c)    

what it must contain;

 

(d)    

how it must be given;

 

(e)    

who must give it.

40

      (3)  

The enforcement agent must keep a record of the time when a notice

 

under sub-paragraph (1)(e) is given.

 

      (4)  

If regulations authorise it, the court may order in prescribed

 

circumstances that the notice given may be less than the minimum

 

period.

45

      (5)  

The order may be subject to conditions.”

 

(5)    

In paragraphs 24(2) and 31(5) (no power to use force against persons except to

 

extent provided in regulations) omit “, except to the extent that regulations

 

provide that it does”.

 

(6)    

Omit paragraph 53(2) (controlled goods to be treated as abandoned if unsold after

50

a sale).

 

(7)    

Omit paragraph 56(2) (securities to be treated as abandoned if not disposed of in

 

accordance with notice of disposal).

 

(8)    

In consequence of the repeals in subsection (5), in section 90 of the Tribunals,

 

Courts and Enforcement Act 2007 (regulations under Part 3)—

55

(a)    

omit subsection (4) (procedure for regulations under paragraphs 24(2)

 

and 31(5) of Schedule 12), and

 

(b)    

in subsection (5) omit “In any other case”.

 

(9)    

In Schedule 13 to that Act (taking control of goods: amendments)—

 

(a)    

in paragraph 37 (repeal in section 66(2) of the Criminal Justice Act 1972)

60

for the words after “etc.),” substitute “omit subsection (2).”,

 

(b)    

in paragraph 74 (repeal of sections 93 to 100 of the County Courts Act

 

1984) after “93 to” insert “98 and”,

 

(c)    

in paragraph 85 (amendment of section 436 of the Insolvency Act 1986)

 

for “436” substitute “436(1)”,


 
 

Public Bill Committee: 5 February 2013                  

112

 

Crime and Courts Bill [Lords] continued

 

65

(d)    

in paragraph 125 (amendment of section 15 of the Employment Tribunals

 

Act 1996) for ““by execution issued from the county court”” substitute

 

“the words from “by execution”, to “court” in the first place after “by

 

execution”,”, and

 

(e)    

in paragraph 134 (which amends Schedule 17 to the Financial Services

70

and Markets Act 2000) for “paragraph 16(a)” substitute “paragraphs

 

16(a) and 16D(a)”.’.

 

As Amendments to Mr Jeremy Browne’s proposed New Clause (Enforcement by

 

taking control of goods) (NC8):—

 

Mr Jeremy Browne

 

(a)

 

Line  21,  leave out paragraph (b).

 

Mr Jeremy Browne

 

(b)

 

Line  32,  leave out ‘paragraph 18 does not apply’ and insert ‘neither paragraph 18

 

nor paragraph 19 applies.’.

 


 

Review of NCA functions

 

Mr David Hanson

 

Jenny Chapman

 

Stella Creasy

 

Phil Wilson

 

NC1

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall commission a review of the NCA functions to report

 

no later than one year following commencement of this Act.

 

(2)    

The review shall report on the appropriateness of the modification of NCA

 

functions, in particular in relation to—

 

(a)    

provision about NCA counter-terrorism functions;

 

(b)    

provision about NCA public order functions; and

 

(c)    

other national response coordination functions.’.

 



 
 

Public Bill Committee: 5 February 2013                  

113

 

Crime and Courts Bill [Lords] continued

 
 

Regional organised crime task forces

 

Paul Goggins

 

NC2

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may make arrangements for the establishment of regional

 

organised crime task forces.

 

(2)    

Such bodies will comprise representatives of—

 

(a)    

the NCA;

 

(b)    

local police forces;

 

(c)    

HM Revenue and Customs;

 

(d)    

the UK Border Agency;

 

(e)    

local authorities;

 

(f)    

business; and

 

(g)    

the Police and Crime Commissioners.

 

(3)    

Each regional organised crime task force will make its own arrangements for—

 

(a)    

administration; and

 

(b)    

chairing the body.

 

(4)    

The purpose of the Regional Organised Crime Task Force will be to—

 

(a)    

encourage and support joint working to counter organised crime; and

 

(b)    

increase public awareness of the causes and impact of organised crime.’.

 


 

Child maltreatment

 

Mr Robert Buckland

 

Mr David Burrowes

 

Paul Goggins

 

NC3

 

To move the following Clause:—

 

‘Section 1 of the Children and Young Persons Act 1933 (Cruelty to persons under

 

sixteen) is hereby repealed and replaced as follows—

 

“1      

Child maltreatment

 

(1)    

It is an offence for a person with responsibility for a child intentionally

 

or recklessly to subject that child or allow that child to be subjected to

 

maltreatment, whether by act or omission, such that the child suffers, or

 

is likely to suffer, significant harm.

 

(2)    

For the purposes of this section:

 

(a)    

‘recklessly’ shall mean that a person with responsibility for a

 

child foresaw a risk that an act or omission regarding that child

 

would be likely to result in significant harm, but nonetheless

 

unreasonably decided to take that risk;

 

(b)    

‘responsibility’ shall be as defined in section 17;

 

(c)    

‘maltreatment’ includes—

 

(i)    

neglect (including abandonment),


 
 

Public Bill Committee: 5 February 2013                  

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Crime and Courts Bill [Lords] continued

 
 

(ii)    

physical abuse,

 

(iii)    

sexual abuse,

 

(iv)    

exploitation, and

 

(v)    

emotional abuse (including exposing the child

 

to violence against others in the same

 

household);

 

(d)    

‘harm’ means the impairment of—

 

(i)    

physical or mental health, or

 

(ii)    

physical, intellectual, emotional, social or

 

behavioural development.

 

(3)    

Where the question of whether harm suffered by a child is significant

 

turns on the child’s health or development, that child’s health or

 

development shall be compared with that which could reasonably be

 

expected of a similar child.”.’.

 


 

Review into the Courts and Tribunals Service

 

Jenny Chapman

 

Mr David Hanson

 

Stella Creasy

 

Phil Wilson

 

NC4

 

To move the following Clause:—

 

‘The Lord Chancellor shall conduct a periodic review of HM Courts and

 

Tribunals Service, including the Office of the Public Guardian, and the impact of

 

section 16 and Schedules 9 to 11, including reports on its efficiency, cost, ease of

 

access and user and practitioner satisfaction, and specifically the impact of court

 

closures on court users and access to justice, and shall publish a report on the

 

review to both Houses of Parliament.’.

 


 

Information for court users

 

Jenny Chapman

 

Mr David Hanson

 

Stella Creasy

 

Phil Wilson

 

NC5

 

To move the following Clause:—

 

‘The Secretary of State shall publish and consult on a strategy for the delivery of

 

legal information, support and dispute resolution services to the public by HM

 

Courts and Tribunals Service.’.

 



 
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