House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

91

House of Commons

Notices of Amendments

given on

Thursday 31 January 2013

For other Amendment(s) see the following page(s):

Crime and Courts Bill Committee 82-90

Public Bill Committee

Crime and Courts Bill [Lords]

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

Emily Thornberry

82

Schedule  16,  page  275,  line  33,  at end insert—

‘( )
The Director of Public Prosecutions and the Director of the Serious Fraud Office

must publish the new code as a draft code.

( )
The Director of Public Prosecutions and the Director of the Serious Fraud Office

must consult the following persons about the amended code—

(a)
the Secretary of State;

(b)
such persons as the Secretary of State may direct;

(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.’.

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—

Notices of Amendments: 31 January 2013
92

Crime and Courts Bill [Lords] continued

“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.”

(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).

Notices of Amendments: 31 January 2013
93

Crime and Courts Bill [Lords] continued

(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)”,
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.’.

Jenny Chapman

Mr David Hanson

Phil Wilson

Stella Creasy

83

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

‘(6A)
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.”.

(6B)
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

Notices of Amendments: 31 January 2013
94

Crime and Courts Bill [Lords] continued

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

Act.’.

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).

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

86

Schedule  15,  page  262,  line  2,  at end insert—

‘(za)
have regard to the need to promote rehabilitation,’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

87

Schedule  15,  page  262,  line  8,  leave out ‘exceptional’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

88

Schedule  15,  page  263,  line  37,  before ‘an electronic’, insert ‘in a case where the

court also imposes a supervision requirement,’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

89

Schedule  15,  page  264,  line  17,  before ‘an electronic’, insert ‘in a case where the

court also imposes a supervision requirement,’.

Notices of Amendments: 31 January 2013
95

Crime and Courts Bill [Lords] continued

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

90

Schedule  15,  page  269,  line  16,  leave out ‘with probation trusts’ and insert ‘for the

provision of supervision of offenders’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

91

Schedule  15,  page  269,  line  16,  leave out ‘require each probation trust to’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

92

Schedule  15,  page  262,  line  19,  at end insert—

‘5  (1)
The Secretary of State shall periodically publish the outcomes of community

orders awarded by each criminal court in England and Wales, where

“outcomes” is defined as the number and classification of re-offences recorded

for each offender sentenced by the court, following their sentence.’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

93

Schedule  15,  page  269,  line  22,  at end insert—

    ‘(3)
The Secretary of State shall in each year publish a strategy for the delivery of

appropriate and effective services for female offenders in the criminal justice

system.’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

Emily Thornberry

94

Schedule  16,  page  274,  line  27,  at end insert—

‘Sentencing guidelines for DPAs

4A  (1)
The Sentencing Council must produce a guideline on the financial penalties

and remedial measures appropriate for a DPA.

      (2)
The Coroners and Justice Act 2009 is amended as follows—

(a)
at the end of section 120(1) insert “and corporate bodies, partnerships

and unincorporated associations who have been charged with an

offence but whose prosecution has been deferred under Schedule 16 to

the Crime and Courts Act 2013”

      (3)
Where the Council has prepared guidelines under subsection (1), it must

publish them as draft guidelines.

Notices of Amendments: 31 January 2013
96

Crime and Courts Bill [Lords] continued

      (4)
The Council must consult the following persons about the draft guidelines—

(a)
the Secretary of State;

(b)
such persons as the Secretary of State may direct;

(c)
such other persons as the Council considers appropriate.

      (5)
Before the guideline is permitted to come into effect, it shall be laid before

Parliament, which shall have the opportunity of debating it.

4B  (1)
If the guideline is amended or replaced, the Sentencing Council must publish

the new guideline as a draft guideline.

      (2)
The Sentencing Council must consult the following persons about the new

guideline—

(a)
the Secretary of State;

(b)
such persons as the Secretary of State may direct;

(c)
such other persons as the designated prosecutors consider

appropriate.’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

Emily Thornberry

95

Schedule  16,  page  275,  line  9,  at end insert—

    ‘(6)
A DPA must not contain a term granting a blanket indemnity for prosecution

for undisclosed criminal acts committed in the past.

      (7)
A DPA must have regard to the DPA guideline issued by the Sentencing

Council.’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

96

Schedule  16,  page  275,  line  27,  at end insert—

      ‘()
Where the Director of Public Prosecutions and the Director of the Serious

Fraud Office have produced a code under Clause 6(1), they must publish it as

a draft code.

      ()
The Director of Public Prosecutions and the Director of the Serious Fraud

Office must consult the following persons about the draft code—

(a)
the Secretary of State;

(b)
such persons as the Secretary of State may direct;

(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’.

Notices of Amendments: 31 January 2013
97

Crime and Courts Bill [Lords] continued

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

Stella Creasy

Phil Wilson

99

Clause  42,  page  43,  line  17,  at end insert—

‘(4A)
The provisions under Schedule 16 shall cease to have effect at the end of a five-

year period beginning with the day the provisions come into force.

(4B)
Before the end of the five-year period detailed in subsection (4A), the Secretary

of State must—

(a)
provide for a review of these provisions, in consultation with the Director

of Public Prosecutions and the Director of the Serious Fraud Office;

(b)
set out the conclusions of the review; and

(c)
lay a Report on the review before both Houses of Parliament.’.

Paul Goggins

Mr David Burrowes

Valerie Vaz

Andy McDonald

Ian Paisley

Steve McCabe

100

Schedule  15,  page  262,  line  24,  leave out ‘activities’.

Paul Goggins

Mr David Burrowes

Valerie Vaz

Andy McDonald

Ian Paisley

Steve McCabe

101

Schedule  15,  page  262,  line  27,  leave out ‘restorative justice requirements’ and

insert ‘participation in a restorative conference’.

Paul Goggins

Mr David Burrowes

Valerie Vaz

Andy McDonald

Ian Paisley

Steve McCabe

102

Schedule  15,  page  262,  line  28,  leave out ‘justice’ and insert ‘conference’.



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