Session 2012 - 13
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Other Bills before Parliament


 
 

Notices of Amendments: 11 March 2013                  

914

 

Crime and Courts Bill-[Lords], continued

 
 

Enforcement services

 

Jenny Chapman

 

Mr David Hanson

 

Stella Creasy

 

NC7

 

To move the following Clause:—

 

‘(1)    

The Legal Services Act 2007 is amended as follows.

 

(2)    

After section 125 insert—

 

“125A    

Extension of Part 6 to enforcement services

 

      (1)  

For the purposes of this Part (and sections 1, 21 and 27 as they apply

 

in relation to this Part)—

 

(a)    

the Bailiffs and Enforcement Agents Council is to be treated

 

as an approved regulator;

 

(b)    

enforcement services are to be treated as a reserved legal

 

activity;

 

(c)    

a person authorised under sections 63 and 64 of the Tribunals

 

Courts and Enforcement Act services is to be treated as an

 

authorised person in relation to that activity;

 

(d)    

the Bailiffs and Enforcement Agents Council is to be treated

 

as a relevant authorising body in relation to such a person, and

 

(e)    

regulations under the Tribunals Courts and Enforcement Act

 

2007 and the National Standards for Enforcement Agents are

 

to be treated as regulatory arrangements of the Bailiffs and

 

Enforcement Agents Council as an approved regulator.

 

      (2)  

For the purposes of sections 112 and 145 (as extended by this section),

 

a person authorised under sections 63 and 64 of the Tribunals Courts

 

and Enforcement Act, is to be treated as a “relevant authorised person”

 

in relation to the Regulator.”.’.

 


 

Possession of prohibited written material about children

 

Sir Paul Beresford

 

Paul Goggins

 

NC8

 

To move the following Clause:—

 

‘(1)    

Section 62 of the Coroners and Justice Act 2009 (offence of possession of

 

prohibited images of children) is amended as follows.

 

(2)    

In subsection (1), after “prohibited image of a child”, insert “or prohibited written

 

material about a child”.

 

(3)    

After subsection (2) insert—

 

“(2A)    

Prohibited written material about a child is written material which—

 

(a)    

is pornographic;

 

(b)    

falls within subsection (6); and


 
 

Notices of Amendments: 11 March 2013                  

915

 

Crime and Courts Bill-[Lords], continued

 
 

(c)    

is grossly offensive, disgusting or otherwise of an obscene

 

character.”.

 

(4)    

In subsection (3), after “image”, insert “or written material”.

 

(5)    

After subsection (5) insert—

 

“(5A)    

Where (as found in the person’s possession) written material forms part

 

of a series of written material, the question whether the written material

 

is of such a nature as is mentioned in subsection (2A) is to be determined

 

by reference to—

 

(a)    

the written material itself; and

 

(b)    

(if the series of written material is such as to be capable of

 

providing a context for the written material) the context in which

 

it occurs in the series of written material.

 

(5B)    

So, for example, where—

 

(a)    

written material forms an integral part of a narrative constituted

 

by a series of written material; and

 

(b)    

having regard to those written materials as a whole, they are not

 

of such a nature that they must reasonably be assumed to have

 

been produced solely or principally for the purpose of sexual

 

arousal;

 

    

the written material may, by virtue of being part of that narrative, be

 

found not to be pornographic, even though it might have been found to

 

be pornographic if taken by itself.”.

 

(6)    

In subsection (6), insert “or written material” after the word “image” each time it

 

appears.’.

 


 

New offence of child maltreatment

 

Mr Robert Buckland

 

Meg Munn

 

Mr George Howarth

 

Paul Goggins

 

Paul Maynard

 

Geraint Davies

 

Total signatories: 10

 

Jenny Chapman

 

Mr Mark Williams

 

Mr David Burrowes

 

Caroline Lucas

 

NC9

 

To move the following Clause:—

 

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

 

16) is hereby repealed and replaced as follows—

 

“1      

Child maltreatment

 

(1)    

It is an offence for a person who has attained the age of 16 years 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


 
 

Notices of Amendments: 11 March 2013                  

916

 

Crime and Courts Bill-[Lords], continued

 
 

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 took 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;

 

(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.”.’.

 


 

Power of arrest for immigration compliance officers

 

Stella Creasy

 

Mr David Hanson

 

Jenny Chapman

 

Phil Wilson

 

NC10

 

To move the following Clause:—

 

‘(1)    

In the course of their duties, a compliance officer may arrest without warrant a

 

person—

 

(a)    

in breach of the conditions of their leave to enter;

 

(b)    

in breach of the conditions of their leave to remain;

 

(c)    

found to have entered the United Kingdom illegally.

 

(2)    

In this section—

 

“compliance officer” means an officer of the UK Border Agency tasked

 

with the approval and compliance of institutions, companies or

 

individuals that sponsor applications to enter in the United Kingdom as

 

defined by UK Border Agency guidance.’.

 



 
 

Notices of Amendments: 11 March 2013                  

917

 

Crime and Courts Bill-[Lords], continued

 
 

Provision of intermediaries for very vulnerable witnesses

 

Ann Coffey

 

Nicola Blackwood

 

Fiona Mactaggart

 

Meg Munn

 

Paul Goggins

 

Mr Robert Buckland

 

NC12

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must provide for intermediaries to be assigned to very

 

vulnerable witnesses in all court cases.

 

(2)    

In the Youth Justice and Criminal Evidence Act 1999, after section 29 there is

 

inserted:

 

“29A  

Intermediaries for very vulnerable witnesses

 

(1)    

A special measures direction must be made to provide for any

 

examination of a very vulnerable witness (however and wherever

 

conducted to be conducted through an interpreter or other person

 

approved by the court for the purposes of this section (“an

 

intermediary”).

 

(2)    

In addition to the functions set out in subsection 29(2), an intermediary

 

must be assigned to very a vulnerable witness through their whole

 

experience before, during and after court.

 

(3)    

For the purposes of this section, “very vulnerable witness” has the same

 

meaning as defined in section [Court arrangements for very vulnerable

 

witnesses] (5) of the Crime and Courts Act 2013.”.’.

 


 

Exceptions to automatic deportation

 

Mr Dominic Raab

 

Mr David Blunkett

 

Nick de Bois

 

Mr Frank Field

 

Nick Herbert

 

Hazel Blears

 

Total signatories: 100

 

Mr Pat McFadden

 

Steve Brine

 

Charlotte Leslie

 

NC13

 

To move the following Clause:—

 

‘In section 33(2)(a) of the UK Borders Act 2007, for “Convention rights”,

 

substitute “rights under Articles 2 or 3 of the Convention”.’.

 



 
 

Notices of Amendments: 11 March 2013                  

918

 

Crime and Courts Bill-[Lords], continued

 
 

Court arrangements for very vulnerable witnesses

 

Nicola Blackwood

 

Ann Coffey

 

Mr Robert Buckland

 

Kris Hopkins

 

Steve Baker

 

Jane Ellison

 

Total signatories: 50

 

Mr Richard Bacon

 

Charlie Elphicke

 

Dr Julian Huppert

 

Fiona Mactaggart

 

Megg Munn

 

Mr Ian Liddell-Grainger

 

Claire Perry

 

Mr Graham Stuart

 

Mr Charles Walker

 

John Glen

 

Andrew Griffiths

 

Caroline Nokes

 

Richard Harrington

 

Simon Kirby

 

Richard Fuller

 

Richard Graham

 

Sir Paul Beresford

 

Nick de Bois

 

Jeremy Lefroy

 

Mark Reckless

 

Alun Cairns

 

John Stevenson

 

Margot James

 

Pauline Latham

 

Mr James Clappison

 

Mr Jonathan Djanogly

 

Ian Paisley

 

Paul Goggins

 

Mr David Amess

 

Dan Byles

 

Mr Bernard Jenkin

 

Mark Garnier

 

Mr Graham Brady

 

Jason McCartney

 

Julian Sturdy

 

Graham Evans

 

Neil Parish

 

Robert Halfon

 

Justin Tomlinson

 

Alec Shelbrooke

 

Tim Loughton

 

Dr Julian Lewis

 

Harriett Baldwin

 

Oliver Colville

 

NC14

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State must make arrangements for specialist courts for very

 

vulnerable witnesses.

 

(2)    

A specialist court for very vulnerable witnesses will consist of a partnership

 

programme within the criminal court structure.

 

(3)    

In establishing the specialist court, the Secretary of State must involve the

 

following partners—

 

(a)    

the judiciary;

 

(b)    

court officials;

 

(c)    

the Crown Prosecution Service;

 

(d)    

police forces;

 

(e)    

witness support services;

 

(f)    

victim support services; and

 

(g)    

any other speciailist services that the Secretary of State deems

 

appropriate.

 

(4)    

In cases where there is a very vulnerable witness—

 

(a)    

no judge can sit on the case unless he has taken part in appropriate

 

training provided by the Judicial College;

 

(b)    

a single court usher, who has taken part in appropriate training provided

 

by Her Majesty’s Courts and Tribunal Service, must be assigned to the

 

witness throughout their time at court;

 

(c)    

the case will be assigned to a court with all necessary facilities to offer

 

the full range of special measures set out in sections (23) to (30) of the

 

Youth Justice and Criminal Evidence Act 1999;

 

(d)    

before allocating time for trials the court must take into account the

 

impact of delays on very vulnerable witnesses; and


 
 

Notices of Amendments: 11 March 2013                  

919

 

Crime and Courts Bill-[Lords], continued

 
 

(e)    

the services of independent sexual violence advisors must be offered to

 

very vulnerable witnesses in cases involving sexual offences.

 

(5)    

The Secretary of State must issue a code of practice giving guidance about court

 

arrangements for very vulnerable witnesses, which must be published, and may

 

be revised from time to time.

 

(6)    

Before issuing or revising a code under subsection (3), the Secretary of State must

 

lay a copy before each House of Parliament for approval within a 40 day period.

 

(7)    

For the purposes of this section—

 

“very vulnerable witness” includes the victim in a case of child sexual

 

abuse.

 

“independent sexual violence advisers” are victims-focused advocates who

 

work with victims of recent and historic serious sexual crimes to enable

 

them to access the services they need in the aftermath of the abuse they

 

have experienced.’.

 


 

Protection of vulnerable debtors

 

Mr Robert Buckland

 

NC17

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

At any time after a notice required under paragraph 7, Schedule 12 of the

 

Tribunals, Courts and Enforcement Act 2007 is served on a debtor, the debtor

 

may apply to the court to stay or suspend the notice on terms on either of the

 

following grounds—

 

(a)    

the enforcement action being taken is disproportionate to the debt and

 

circumstances involved; and

 

(b)    

the debtor’s goods may be insufficient in value to satisfy the debt

 

involved.

 

(2)    

The court may, in its discretion and if satisfied with the above grounds, suspend

 

or stay any judgment or order given or made in prior proceedings for such time

 

and on such terms as the court thinks fit.

 

(3)    

Enforcement proceedings under Schedule 12 of the Tribunals, Courts and

 

Enforcement Act 2007 are proceedings for the purposes of section 71(2) and

 

section 88 of the County Court Act 1984.

 

(4)    

Subject to the regulations under section 64 of the Tribunals, Courts and

 

Enforcement Act 2007 complaints against holders of certificates shall be

 

considered by a designated judge and may include both complaints regarding

 

compliance with the terms of certification as well as the exercise of legal powers

 

under the Tribunals, Courts and Enforcement Act 2007. Further to which—

 

(a)    

the designated judge may, on consideration of a complaint, exercise

 

powers under section 64 to suspend or cancel a holder’s certificate; and

 

(b)    

the designated judge shall publish an annual report.

 

(5)    

The Lord Chancellor shall periodically review data concerning complaints

 

against holders of certificates, update guidance where evidence of bad practice

 

arises and respond to any recommendations set out in a report under subsection 2

 

within six months.’.

 



 
 

Notices of Amendments: 11 March 2013                  

920

 

Crime and Courts Bill-[Lords], continued

 
 

Sanction for and trial in relation to drink driving

 

Mr David Burrowes

 

NC18

 

Parliamentary Star    

To move the following Clause:—

 

‘Schedule 2 of the Road Traffic Offenders Act 1988 is amended such that the time

 

period stipulated as punishment for an offence under section 5 of the Road Traffic

 

Act 1988 (driving or being in charge of a motor vehicle with alcohol

 

concentration above prescribed limit) is two years and such that the said offence

 

shall be triable either way.’.

 


 

Secretary Theresa May

 

4

 

Page  2,  line  42  [Clause  2],  leave out ‘may’ and insert ‘must’.

 


 

Mr David Hanson

 

Stella Creasy

 

Phil Wilson

 

3

 

Page  6,  line  37  [Clause  7],  at beginning insert ‘Subject to approval by the Secretary

 

of State for the Home Department,’.

 


 

John McDonnell

 

Mr Elfyn Llwyd

 

95

 

Page  10,  line  15,  leave out Clause 12.

 


 

John McDonnell

 

Mr Elfyn Llwyd

 

102

 

Page  11,  line  1,  leave out Clause 13.

 



 
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Revised 12 March 2013