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Consideration of Bill: 13 March 2013                  

996

 

Crime and Courts Bill [Lords] continued

 
 

(e)    

D’s nationality, place of habitual residence and other connections with

 

the United Kingdom.

 

      (4)  

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.’.

 

Secretary Theresa May

 

115

 

Page  307,  line  41  [Schedule  19],  leave out ‘an’ and insert ‘the most’.

 

 

Secretary Theresa May

 

116

 

Page  308,  line  2  [Schedule  19],  at end insert—

 

‘(da)    

any delay that might result from proceeding in one jurisdiction rather

 

than another;’.

 

 

Secretary Theresa May

 

117

 

Page  310,  line  1  [Schedule  19],  at beginning insert ‘In England and Wales, and

 

Northern Ireland,’.

 

Secretary Theresa May

 

118

 

Page  310,  line  6  [Schedule  19],  at end insert—

 

‘( )    

In Scotland, for the purpose of determining any questioning of a relevant

 

certification decision, the High Court must apply the procedures and principles

 

that would be applied by it on an application for judicial review.’.

 

 

Mr Dominic Raab

 

Keith Vaz

 

Sir Edward Garnier

 

Caroline Lucas

 

Nick de Bois

 

Ms Gisela Stuart

 

Total signatories: 23

 

93

 

Page  311,  line  32  [Schedule  19],  leave out from ‘Part 2’ to end of line 46 on page

 

312, and insert—

 

‘Part 2

 

European arrest warrant safeguards

 
 

Consideration of Bill: 13 March 2013                  

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Crime and Courts Bill [Lords] continued

 
 

10         

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

 

amended as follows.

 

11         

In section 7 (Identity of person arrested) after subsection (4) insert—

 

“(4A)    

If the judge decides the question in the affirmative he must decide

 

whether the person in respect of whom the warrant was issued is the

 

person who is alleged to have committed, or to have been convicted

 

for, the offence on which the warrant is based.

 

(4B)    

The judge must decide the question in subsection (4A) on the balance

 

of probabilities, but if he considers there is reasonable doubt as to that

 

question, he may not decide it in the affirmative unless he has first

 

requested the issuing authority to provide further information within

 

the time specified in the request (which must not be less than a

 

reasonable time in all the circumstances) and the issuing authority has

 

provided him with all the information requested within that time.

 

(4C)    

If the judge decides the question in subsection (4A) in the negative he

 

must order the person’s discharge.”.

 

12         

In section 11 (Bars to extradition), in subsection (1), after paragraph (c)

 

insert—

 

“(ca)    

prematurity;”.

 

13         

After section 14 insert—

 

“14A  

Prematurity in accusation cases

 

(1)    

A person’s extradition to a category 1 territory is barred by

 

prematurity if (and only if)—

 

(a)    

he is accused of committing an extradition offence; and

 

(b)    

it appears that the proceedings against him in respect of that

 

offence are not yet ready for trial.

 

(2)    

A decision by the judge that a person’s extradition is barred by reason

 

of prematurity does not prevent the subsequent execution of a Part 1

 

warrant against that person in respect of the same extradition

 

offence.”.

 

14  (1)  

Section 26 (Appeal against extradition order) is amended as follows.

 

      (2)  

For subsection (4) substitute—

 

“(4)    

Notice of an appeal under this section must be given in accordance

 

with rules of court before the end of the permitted period, which is—

 

(a)    

14 days starting with the day on which the order is made; or

 

(b)    

such longer period as the court considers is in the interests of

 

justice.”.’.

 

 

Paul Murphy

 

Paul Goggins

 

Jenny Chapman

 

Mark Durkan

 

1

 

Page  21,  line  22  [Clause  24],  at end insert—

 

‘(6A)    

In fixing such an amount, and subsequent additions, account must be taken of the

 

person’s relevant weekly income, excluding housing benefit and child related

 
 

Consideration of Bill: 13 March 2013                  

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Crime and Courts Bill [Lords] continued

 
 

benefits, and allowance must be made for the protection of a reasonable financial

 

subsistence level, in the manner used to determine the initial fine.’.

 

John McDonnell

 

Mr Elfyn Llwyd

 

Mark Durkan

 

103

 

Page  21,  line  25  [Clause  24],  leave out subsection (2).

 

 

John McDonnell

 

Mr Elfyn Llwyd

 

Mark Durkan

 

96

 

Page  22,  line  3  [Clause  24],  at end insert—

 

‘(5A)    

The Lord Chancellor must, by regulation, in statutory instrument of which a draft

 

has been laid before and approved by resolution of each House of Parliament,

 

provide the amount of any costs for services carried out for the purposes of

 

collecting sums.’.

 

 

John McDonnell

 

Mr Elfyn Llwyd

 

Mark Durkan

 

97

 

Page  23,  line  11  [Clause  25],  leave out ‘person’ and insert ‘civil servant’.

 

 

John McDonnell

 

Mr Elfyn Llwyd

 

Mark Durkan

 

98

 

Page  24,  line  1  [Clause  25],  leave out paragraph (3).

 

 

Secretary Theresa May

 

60

 

Page  31,  line  39  [Clause  28],  at end insert—

 

‘(5A)    

The preceding provisions of this section do not apply in relation to Supreme Court

 

proceedings.’.

 

 
 

Consideration of Bill: 13 March 2013                  

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Crime and Courts Bill [Lords] continued

 
 

REMAINING NEW CLAUSES AND NEW SCHEDULES RELATING TO PROTECTION OF

 

CHILDREN OR TO VULNERABLE WITNESSES

 

New offence of child maltreatment

 

Mr Robert Buckland

 

Meg Munn

 

Mr George Howarth

 

Paul Goggins

 

Paul Maynard

 

Geraint Davies

 

Total signatories: 28

 

Mark Durkan

 

Jim Hood

 

Mr George Mudie

 

David Wright

 

Graham Stringer

 

Mike Gapes

 

Jim Cunningham

 

John Cryer

 

Chris Ruane

 

Kevin Barron

 

Yasmin Qureshi

 

Mr Jack Straw

 

Jim Dobbin

 

Ian Davidson

 

Lindsay Roy

 

Mr Frank Doran

 

Sir Gerald Kaufman

 

Pat Glass

 

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

 

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

 
 

Consideration of Bill: 13 March 2013                  

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Crime and Courts Bill [Lords] continued

 
 

development shall be compared with that which could reasonably be

 

expected of a similar child.”.’.

 

 

Provision of intermediaries for very vulnerable witnesses

 

Ann Coffey

 

Nicola Blackwood

 

Fiona Mactaggart

 

Meg Munn

 

Paul Goggins

 

Mr Robert Buckland

 

Total signatories: 45

 

Mark Durkan

 

Jim Hood

 

Mr George Mudie

 

David Wright

 

Graham Stringer

 

Mike Gapes

 

Jim Cunningham

 

John Cryer

 

Chris Ruane

 

Kevin Barron

 

Yasmin Qureshi

 

Mr Jack Straw

 

Jim Dobbin

 

Ian Davidson

 

Lindsay Roy

 

Mr Frank Doran

 

Sir Gerald Kaufman

 

Pat Glass

 

Paul Flello

 

Jenny Chapman

 

Meg Hillier

 

Fabian Hamilton

 

Katy Clark

 

Sir Alan Meale

 

Dave Watts

 

Dame Joan Ruddock

 

Mr George Howarth

 

Magaret Beckett

 

Steve McCabe

 

Geoffrey Robinson

 

Valerie Vaz

 

Tristram Hunt

 

Mr Graham Allen

 

Tessa Jowell

 

Mr Frank Field

 

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.”.’.

 

 
 

Consideration of Bill: 13 March 2013                  

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Court arrangements for very vulnerable witnesses

 

Nicola Blackwood

 

Ann Coffey

 

Mr Robert Buckland

 

Kris Hopkins

 

Steve Baker

 

Jane Ellison

 

Total signatories: 87

 

Mark Durkan

 

Robert Flello

 

Jenny Chapman

 

George Freeman

 

Jim Shannon

 

Mrs Eleanor Laing

 

Fiona Bruce

 

Priti Patel

 

Chris Heaton-Harris

 

Mr Jim Hood

 

Mike Gapes

 

Frank Doran

 

Graham Stringer

 

Kevin Barron

 

Pat Glass

 

Lindsay Roy

 

Sir Gerald Kaufman

 

Mr George Mudie

 

John Cryer

 

David Wright

 

Chris Ruane

 

Mr Jim Cunningham

 

Yasmin Qureshi

 

Ian Davidson

 

Jim Dobbin

 

Meg Hillier

 

Fabian Hamilton

 

Katy Clark

 

Sir Alan Meale

 

Dave Watts

 

Dame Joan Ruddock

 

Mr George Howarth

 

Margaret Beckett

 

Steve McCabe

 

Mr Frank Field

 

Mr Geoffrey Robinson

 

Valerie Vaz

 

Tristram Hunt

 

Mr Graham Allen

 

NC14

 

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

 

(e)    

the services of independent sexual violence advisors must be offered to

 

very vulnerable witnesses in cases involving sexual offences.

 
 

Consideration of Bill: 13 March 2013                  

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Crime and Courts Bill [Lords] continued

 
 

(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.’.

 

 

REMAINING NEW CLAUSES AND NEW SCHEDULES RELATING TO BORDER CONTROL OR

 

DEPORTATION

 

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.’.

 

 
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Revised 13 March 2013