House of Commons Public Bill Committee Proceedings

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 12 February 2013
36

Crime and Courts Bill [Lords] continued

(a)
that the person would not, before the appeals process is

exhausted, face a real risk of serious irreversible harm if removed

to the country or territory to which the person is proposed to be

removed;

(b)
that the whole or part of any human rights claim made by the

person is clearly unfounded.

(2D)
Subsection (2A) does not allow the person while in the United Kingdom

to bring an appeal on a non-human-rights ground, or to continue an

appeal so far as brought on non-human-rights grounds, if the Secretary of

State certifies that removal of the person—

(a)
to the country or territory to which the person is proposed to be

removed, and

(b)
despite the appeals process, so far as relating to appeal on non-

human-rights grounds, not having been begun or not having been

exhausted,


would not breach the United Kingdom’s obligations under the Human

Rights Convention.

(2E)
In subsection (2D) “non-human-rights ground” means any ground other

than the ground that removal of the person from the United Kingdom in

consequence of the decision to make the deportation order would be

unlawful under section 6 of the Human Rights Act 1998 as being

incompatible with a person’s Convention rights.

(2F)
If a certificate in respect of a person is given under subsection (2B), the

person may apply to the Special Immigration Appeals Commission to set

aside the certificate.

(2G)
If a person makes an application under subsection (2F) then the

Commission, in determining whether the certificate should be set aside,

must apply the principles that would be applied in judicial review

proceedings.

(2H)
The Commission’s determination of a review under subsection (2F) is

final.

(2J)
The Commission may direct that a person who has made and not

withdrawn an application under subsection (2F) is not to be removed

from the United Kingdom at a time when the review has not been finally

determined by the Commission.

(2K)
Sections 5 and 6 of the Special Immigration Appeals Commission Act

1997 apply in relation to reviews under subsection (2F) (and to applicants

for such reviews) as they apply in relation to appeals under section 2 or

2B of that Act (and to persons bringing such appeals).

(2L)
Any exercise of power to make rules under section 5 of that Act in

relation to reviews under subsection (2F) is to be with a view to securing

that proceedings on such reviews are handled expeditiously.”

(5)
In subsection (3) (appeal against certificate under subsection (2)(c)(iii)) for

“(2)(c)(iii)” substitute “(2D)”.’.

Public Bill Committee Proceedings: 12 February 2013
37

Crime and Courts Bill [Lords] continued

Review of NCA functions

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

Not called  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.’.

Regional organised crime task forces

Paul Goggins

Withdrawn  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.’.

Public Bill Committee Proceedings: 12 February 2013
38

Crime and Courts Bill [Lords] continued

Child maltreatment

Mr Robert Buckland

Mr David Burrowes

Paul Goggins

Jenny Chapman

Withdrawn  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),

(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

Not called  NC4

To move the following Clause:—

Public Bill Committee Proceedings: 12 February 2013
39

Crime and Courts Bill [Lords] continued

‘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

Not called  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.’.

Chief Executive of the Supreme Court of the United Kingdom

Jenny Chapman

Mr David Hanson

Stella Creasy

Phil Wilson

Negatived on division  NC6

To move the following Clause:—

‘(1)
The Constitutional Reform Act 2005 is amended as follows.

(2)
In section 48 (Chief executive) omit subsection (2).

(3)
After subsection (1) insert—

“(2)
The President of the Supreme Court shall appoint the Chief Executive in

accordance with the arrangements for the time being in force for the

selection of persons to be employed in the civil service of the State.”.

(4)
In Section 49(2) (Officers and staff), omit the words “with the agreement of the

Lord Chancellor”.’.

Public Bill Committee Proceedings: 12 February 2013
40

Crime and Courts Bill [Lords] continued

Extension of section 37 and section 47 of the Children Act 1989 to youth courts

Mr David Burrowes

Not called  NC7

To move the following Clause:—

‘(1)
The powers of direction of courts—

(a)
under section 37 of the Children Act 1989 (including the power to direct

the local authority children’s service to investigate whether a child is at

risk of suffering significant harm); and

(b)
under section 47 of that Act to direct a local authority to intervene to

safeguard and to promote a child’s welfare


shall extend to youth courts.

(2)
Such powers shall be available to youth courts throughout any criminal

proceedings and in any family proceedings concerning the welfare of a child.

(3)
In any investigation pursuant to the foregoing subsections, the local authority

shall consider whether it should—

(a)
apply for a care order or supervision order with respect to the child;

(b)
provide services or care to the child or his family; or

(c)
take any other action with respect to the child.

(4)
It shall be in the discretion of the youth court to adjourn sentencing until such

local authority investigation has concluded and the findings thereof have been

notified to the court.

(5)
Any youth court in which the powers under this section are to be or may be

exercised shall include on its panel at least one member of the Family Court.’.

European arrest warrant

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

Negatived on division  NC9

To move the following Clause:—

‘(1)
The NCA is to have the function of ensuring efficient and effective use of the

European arrest warrant as it relates to serious organised crime affecting the UK.

(2)
The Government shall publish a report 12 months after Royal Assent of this Bill

on the NCA’s use of the European arrest warrant and annually thereafter.

(3)
The Director General of the NCA must be consulted by the Secretary of State on

any policy decision by Her Majesty’s Government regarding changes to the use

of the European arrest warrant.’.

Public Bill Committee Proceedings: 12 February 2013
41

Crime and Courts Bill [Lords] continued

NCA and the Independent Police Complaints Commission

Mr David Hanson

Jenny Chapman

Stella Creasy

Phil Wilson

Withdrawn  NC10

To move the following Clause:—

‘(1)
The Secretary of State and the Director General of the NCA must ensure that

NCA officers co-operate with the Independent Police Complaints Commission in

relation to the fulfilment by the Independent Police Complaints Commission of

its statutory duties.

(2)
The actions of NCA officers and any operations by the NCA come within the

purview of the IPCC in exercising its statutory duty.

(3)
The Secretary of State must publish on an annual basis the budget for the IPCC

as it relates to investigations to the NCA and its activities.

(4)
The Director General must arrange for the publication of a report not more than

12 months after any IPCC investigation into the NCA.

(5)
Any report published under section (4) must provide details of the initial IPCC

investigation and its findings, what subsequent was taken in response by the NCA

and recommendations for future action.’.

NEW SCHEDULES

Mr Jeremy Browne

Added  NS1

To move the following Schedule:—

‘Extradition

Part 1

Forum

Extradition to category 1 territories

1
Part 1 of the Extradition Act 2003 (extradition to category 1 territories) is

amended as follows.

2
In section 11 (bars to extradition)—

(a)
at the end of subsection (1) insert—

“(j)
forum.”;

(b)
after subsection (1) insert—

“(1A)
But the judge is to decide whether the person’s extradition is

barred by reason of forum only in a case where the Part 1

warrant contains the statement referred to in section 2(3)

(warrant issued for purposes of prosecution for offence in

category 1 territory).”;

(c)
in subsection (2), for the words from “12” to “apply” substitute “12 to

19F apply”.

Public Bill Committee Proceedings: 12 February 2013
42

Crime and Courts Bill [Lords] continued

3
After section 19A insert—

“19B
Forum

(1)
The extradition of a person (“D”) to a category 1 territory is barred by

reason of forum if the extradition would not be in the interests of

justice.

(2)
For the purposes of this section, the extradition would not be in the

interests of justice if the judge—

(a)
decides that a substantial measure of D’s relevant activity was

performed in the United Kingdom; and

(b)
decides, having regard to the specified matters relating to the

interests of justice (and only those matters), that the

extradition should not take place.

(3)
These are the specified matters relating to the interests of justice—

(a)
the place where most of the loss or harm resulting from the

extradition offence occurred or was intended to occur;

(b)
the interests of any victims of the extradition offence;

(c)
any belief of a prosecutor that the United Kingdom, or a

particular part of the United Kingdom, is not an appropriate

jurisdiction in which to prosecute D in respect of the conduct

constituting the extradition offence;

(d)
were D to be prosecuted in a part of the United Kingdom for

an offence that corresponds to the extradition offence,

whether evidence necessary to prove the offence is or could be

made available in the United Kingdom;

(e)
the desirability and practicability of all prosecutions relating

to the extradition offence taking place in one jurisdiction,

having regard (in particular) to—

(i)
the jurisdictions in which witnesses, co-defendants

and other suspects are located, and

(ii)
the practicability of the evidence of such persons

being given in the United Kingdom or in jurisdictions

outside the United Kingdom;

(f)
D’s connections with the United Kingdom.

(4)
In deciding whether the extradition would not be in the interests of

justice, the judge must have regard to the desirability of not requiring

the disclosure of material which is subject to restrictions on disclosure

in the category 1 territory concerned.

(5)
If, on an application by a prosecutor, it appears to the judge that the

prosecutor has considered the offences for which D could be

prosecuted in the United Kingdom, or a part of the United Kingdom,

in respect of the conduct constituting the extradition offence, the judge

must make that prosecutor a party to the proceedings on the question

of whether D’s extradition is barred by reason of forum.

(6)
In this section “D’s relevant activity” means activity which is material

to the commission of the extradition offence and which is alleged to

have been performed by D.



© Parliamentary copyright	Revised 13 February 2013