House of Commons Public Bill Committee Proceedings

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 18 March 2013
347

Crime and Courts Bill–[Lords], continued

“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

Varying designations of authorities responsible for remanded young persons

Secretary Theresa May

Agreed to  NC4

To move the following Clause:—

‘(1)
Section 102 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

(where child remanded to youth detention accommodation, court must designate

local authority to look after child and meet costs) is amended as follows.

(2)
In subsection (7)(a) (authority that already looks after child to be designated) after

“being looked after by a local authority” insert “otherwise than by virtue of

section 104(1)”.

(3)
In subsection (7)(b) (in other cases, court must designate authority for area where

child habitually resides or offence committed) for “, the local authority”

substitute “but subject to subsection (7B), a local authority”.

(4)
After subsection (7) insert—

“(7A)
In a case to which subsection (7)(b) applies, the court is to designate a

local authority in whose area it appears to the court that the child

habitually resides (a “home authority”) except where the court—

(a)
considers as respects the home authority, or each home authority,

that it is inappropriate to designate that authority, or

(b)
is unable to identify any place in England and Wales where the

child habitually resides.

(7B)
If in a case to which subsection (7)(b) applies—

(a)
the court is not required by subsection (7A) to designate a home

authority, but

(b)
it appears to the court that the offence was not, or none of the

offences was, committed in England and Wales,


the court is to designate a local authority which it considers appropriate

in the circumstances of the case.”

(5)
After subsection (7B) insert—

“(7C)
Where a child has been remanded to youth detention accommodation, the

court—

(a)
which remanded the child, or

(b)
to which the child was remanded,


may designate a local authority (“B”) as the designated authority for the

child in substitution for the authority previously designated (whether that

previous designation was made when the child was remanded or under

this subsection).

Report Stage Proceedings: 18 March 2013
348

Crime and Courts Bill–[Lords], continued

(7D)
Where a child has at any one time been subject to two or more remands

to youth detention accommodation, a court which has jurisdiction to

make a replacement designation under subsection (7C) in connection

with one or some of the remands also has jurisdiction to make such a

replacement designation in connection with each of the other remands.

(7E)
Where a replacement designation is made under subsection (7C) after the

end of the period of remand concerned, the substitution of B for the

previously-designated authority has effect only for the purposes of

regulations under section 103.

(7F)
Where a replacement designation is made under subsection (7C) during

the period of remand concerned, the substitution of B for the previously-

designated authority—

(a)
has effect, as respects the part of that period ending with the

making of the replacement designation, only for the purposes of

regulations under section 103, and

(b)
has effect, as respects the remainder of that period, for all of the

purposes listed in subsection (6).

(7G)
A court may make a replacement designation under subsection (7C) only

if it considers that, had everything it knows been known by the court

which made the previous designation, that court would have designated

B instead.

(7H)
Where a replacement designation is made under subsection (7C) in

relation to a remand, the previously-designated authority is to be repaid

any sums it paid in respect of the remand pursuant to regulations under

section 103.

(7J)
A court which has jurisdiction to make a replacement direction under

subsection (7C) may exercise that jurisdiction on an application by a

local authority or of its own motion.”

(6)
A replacement designation under the new section 102(7C) may be made in

respect of a remand ordered before this section comes into force, and the

amendments made by this section have effect for the purpose of making a

replacement designation in any such case; but, in such a case, the substitution of

B for the previously-designated authority (and any entitlement to repayment

under new section 102(7H)) does not have effect as respects any time before this

section comes into force.

(7)
Except as provided by subsection (6), the amendments made by this section have

effect only in relation to remands ordered after this section comes into force.’.

Supreme Court chief executive, officers and staff

Secretary Theresa May

Agreed to  NC5

To move the following Clause:—

‘(1)
For section 48(2) of the Constitutional Reform Act 2005 (chief executive of the

Supreme Court to be appointed by Lord Chancellor after consulting President of

the Court) substitute—

Report Stage Proceedings: 18 March 2013
349

Crime and Courts Bill–[Lords], continued

“(2)
It is for the President of the Court to appoint the chief executive.”

(2)
Section 49 of that Act (officers and staff of the Supreme Court) is amended as

follows.

(3)
In subsection (2) (number of officers and staff, and their terms, are for the chief

executive but subject to the provision in subsection (3) about application of civil

service pension arrangements)—

(a)
for “these matters with the agreement of the Lord Chancellor—”

substitute “the following matters—”, and

(b)
for “subsection” substitute “subsections (2A) and”.

(4)
After subsection (2) insert—

“(2A)
Service as the chief executive of the Court, and service as an officer or

staff appointed under subsection (1), is service in the civil service of the

State.”

(5)
In subsection (3) (civil service pension arrangements apply to chief executive,

officers and staff) for “The” at the beginning substitute “Accordingly, the”.’.

Making and use of recordings of Supreme Court proceedings

Secretary Theresa May

Agreed to  NC6

To move the following Clause:—

‘(1)
Section 9 of the Contempt of Court Act 1981 (recording of court proceedings) is

amended as follows.

(2)
After subsection (1) insert—

“(1A)
In the case of a recording of Supreme Court proceedings, subsection

(1)(b) does not apply to its publication or disposal with the leave of the

Court.”

(3)
In subsection (2) (leave under subsection (1)(a): grant, refusal, conditions,

withdrawal and amendment)—

(a)
after “paragraph (a) of subsection (1)” insert “, or under subsection

(1A),”,

(b)
for “if granted may” substitute “if granted—

(a)
may, in the case of leave under subsection (1)(a),”, and

(c)
after “leave; and” insert—

“(b)
may, in the case of leave under subsection (1A), be

granted subject to such conditions as the Supreme Court

thinks proper with respect to publication or disposal of

any recording to which the leave relates;


and”.

(4)
In subsection (1) (activities which are contempt of court) after paragraph (c)

insert—

“(d)
to publish or dispose of any recording in contravention of any

conditions of leave granted under subsection (1A).”’.

Report Stage Proceedings: 18 March 2013
350

Crime and Courts Bill–[Lords], continued

European arrest warrant

Mr David Hanson

Stella Creasy

Yvette Cooper

Phil Wilson

Not called  NC1

To move the following Clause:—

‘(1)
The NCA shall be the lead agency for the efficient and effective use of the

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

(2)
The Director General of the NCA must be consulted by the Secretary of State on

any decision by Her Majesty’s Government regarding policy changes with regard

to the European arrest warrant.

(3)
An impact assessment on opt-out from the European arrest warrant must be made

and published prior to any decision on opt-out being taken with particular regard

to—

(a)
national security,

(b)
public safety, and

(c)
Britain’s international reputation for leadership on cross-border security

matters.’.

Power of arrest for immigration compliance officers

Stella Creasy

Mr David Hanson

Jenny Chapman

Phil Wilson

Not called  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.’.

Report Stage Proceedings: 18 March 2013
351

Crime and Courts Bill–[Lords], continued

Exceptions to automatic deportation

Mr Dominic Raab

Mr David Blunkett

Nick de Bois

Mr Frank Field

Nick Herbert

Hazel Blears

Mr David Amess

Angie Bray

Not called  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”.’.

Amendments to Clauses 20 and 21, Clauses 35 to 40

Stella Creasy

Mr David Hanson

Jenny Chapman

Phil Wilson

Not called  94

Page  38,  line  11  [Clause  37],  at end insert—

‘(6A)
In section 50(2) (Procedure) of the Immigration, Asylum and Nationality Act

2006, after paragraph (c) the following shall be inserted—

“(d)
may require an immigration officer to take reasonable action to

obtain from the applicant additional relevant information or

documents they they consider not to be included in the original

application before a decision is taken.

(e)
must make provision for an immigration officer to contact the

applicant with regard to the form, documents, information or fee

specified in paragraphs (a), (b), (c) and (d).”.

(6B)
The Government will report annually to Parliament on the number of times an

immigration officer has been required to obtain additional relevant information

not included in the original application.

(6C)
The Government will report annually to Parliament on the number of appeals

against refusal entry clearance to visit the UK that are refused due to the non-

submission of relevant information or documents.’.

Report Stage Proceedings: 18 March 2013
352

Crime and Courts Bill–[Lords], continued

Amendments to Schedules 19 and 20 and clauses 43 to 46

Mr Dominic Raab

Keith Vaz

Sir Edward Garnier

Caroline Lucas

Nick de Bois

Ms Gisela Stuart

Not called  91

Page  303,  line  25  [Schedule  19],  leave out from ‘judge’ to end of line 9 on page 307

and insert ‘decides that a substantial measure of D’s relevant activity was performed in

the United Kingdom unless, having regard to the interests of justice, the judge decides that

the extradition should take place.

      (3)
Matters relevant to the interests of justice include but are not limited to—

(a)
the extent and 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)
the availability of evidence necessary for a fair trial in the United

Kingdom and in jurisdictions outside the United Kingdom;

(d)
the desirability and practicability of all prosecutions relating to the

extradition offence taking place in one jurisdiction; and

(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

Agreed to  111

Page  303,  line  36  [Schedule  19],  leave out ‘an’ and insert ‘the most’.

Secretary Theresa May

Agreed to  112

Page  303,  line  42  [Schedule  19],  at end insert—

‘(da)
any delay that might result from proceeding in one jurisdiction rather

than another;’.

Secretary Theresa May

Agreed to  113

Page  306,  line  1  [Schedule  19],  at beginning insert ‘In England and Wales, and

Northern Ireland,’.

Secretary Theresa May

Agreed to  114

Page  306,  line  6  [Schedule  19],  at end insert—

Report Stage Proceedings: 18 March 2013
353

Crime and Courts Bill–[Lords], continued

‘( )
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

Not called  92

Page  307,  line  30  [Schedule  19],  leave out from ‘judge’ to end of line 9 on page 311

and insert ‘decides that a substantial measure of D’s relevant activity was performed in

the United Kingdom unless, having regard to the interests of justice, the judge decides that

the extradition should take place.

      (3)
Matters relevant to the interests of justice include but are not limited to—

(a)
the extent and 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)
the availability of evidence necessary for a fair trial in the United

Kingdom and in jurisdictions outside the United Kingdom;

(d)
the desirability and practicability of all prosecutions relating to the

extradition offence taking place in one jurisdiction; and

(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

Agreed to  115

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

Secretary Theresa May

Agreed to  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

Agreed to  117

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

Northern Ireland,’.



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