House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

17

House of Commons

Notices of Amendments

given on

Thursday 13 March 2014

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

Criminal Justice and Courts Bill Committee 7-16

Public Bill Committee

Criminal Justice and Courts Bill

Sarah Champion

6

Schedule  1,  page  63,  line  18,  leave out ‘13’ and insert ‘16’.

Sarah Champion

7

Schedule  1,  page  63,  line  19,  leave out ‘13’ and insert ‘16’.

Dan Jarvis

Mr Andy Slaughter

8

Clause  3,  page  4,  line  26,  at end insert—

‘(10)
Before this section comes into force the Secretary of State shall—

(a)
consult the Parole Board about the resources required for additional

hearings resulting from the implementation of this section; and

(b)
lay a report before Parliament containing—

(i)
his assessment of the resources required for additional hearings;

and

(ii)
his plans to ensure that the Parole Board has adequate resources

to fulfil the requirements of this section effectively.’.

Dan Jarvis

Mr Andy Slaughter

9

Clause  4,  page  4,  line  39,  at end insert—

‘(4)
Before this section comes into force the Secretary of State shall—

(a)
consult the Parole Board about the resources required for additional

hearings resulting from the implementation of this section; and

(b)
lay a report before Parliament containing—

Notices of Amendments: 13 March 2014
18

Criminal Justice and Courts Bill, continued

(i)
his assessment of the resources required for additional hearings;

and

(ii)
his plans to ensure that the Parole Board has adequate resources

to fulfil the requirements of this section effectively.’.

Dan Jarvis

Mr Andy Slaughter

10

Clause  5,  page  5,  line  12,  at end insert—

‘(3)
Before this section comes into force the Secretary of State shall—

(a)
consult the Parole Board about the resources required for additional

hearings resulting from the implementation of this section; and

(b)
lay a report before Parliament containing—

(i)
his assessment of the resources required for additional hearings;

and

(ii)
his plans to ensure that the Parole Board has adequate resources

to fulfil the requirements of this section effectively.’.

Dan Jarvis

Mr Andy Slaughter

11

Clause  7,  page  9,  line  26,  at end insert—

‘(9)
Before this section comes into force the Secretary of State shall—

(a)
consult the Parole Board about the resources required for additional

hearings resulting from the implementation of this section; and

(b)
lay a report before Parliament containing—

(i)
his assessment of the resources required for additional hearings;

and

(ii)
his plans to ensure that the Parole Board has adequate resources

to fulfil the requirements of this section effectively.’.

Dan Jarvis

Mr Andy Slaughter

12

Page  9,  line  27,  leave out Clause 8.

Dan Jarvis

Mr Andy Slaughter

13

Clause  10,  page  10,  line  29,  after ‘fails’, insert ‘deliberately and’.

Dan Jarvis

Mr Andy Slaughter

14

Clause  16,  page  16,  line  30,  leave out from ‘explicit’ to end of line 31 and insert

‘way, real or simulated depictions of either—’.

Dan Jarvis

Mr Andy Slaughter

15

Clause  6,  page  5,  leave out from line 36 to line 25 on page 6.

Notices of Amendments: 13 March 2014
19

Criminal Justice and Courts Bill, continued

Meeting a child following sexual grooming etc.

Sarah Champion

NC9

To move the following Clause:—

‘(1)
The Sexual Offences Act 2003 is amended as follows.

(2)
In section 15(1)(a) (meeting a child following sexual grooming etc.) for “two”,

substitute “one”.’.

Member’s explanatory statement

At present, someone is only considered to be committing an offence if they contact the child twice

and arrange to meet them or travel to meet them with the intention of committing a sexual offence.

This new Clause would mean that the perpetrator would only have to make contact once.

Offence of abduction of child by other persons

Sarah Champion

NC10

To move the following Clause:—

‘(1)
The Child Abduction Act 1984 is amended as follows.

(2)
In section 2(1) (offence of abduction of child by other persons) for “sixteen”,

substitute “eighteen”.’.

Member’s explanatory statement

At present, there is a disparity between the ages that children must be to be considered to be

abducted depending on whether they are in the care system or not. This new Clause would rectify

this disparity and set a conistent age of under 18.

Mr Shailesh Vara

16

Clause  17,  page  18,  line  18,  leave out ‘in England,’.

Member’s explanatory statement

This amendment removes the territorial restriction in the new version of section 43 of the Prison

Act 1952, inserted by clause 17, to enable the Secretary of State to provide secure colleges in Wales

as well as England.

Mr Shailesh Vara

17

Clause  17,  page  18,  leave out line 32.

Member’s explanatory statement

This amendment and amendment 18 provide that Schedule A1 to the Prison Act 1952 (HM Chief

Inspector of Prisons), which is introduced by section 5A to that Act, applies to secure training

centres and secure colleges and, as applied, may not be modified by rules made by the Secretary

of State.

Mr Shailesh Vara

18

Clause  17,  page  19,  line  12,  at end insert ‘and Schedule A1’.

Mr Shailesh Vara

19

Schedule  3,  page  71,  line  30,  at end insert—

Notices of Amendments: 13 March 2014
20

Criminal Justice and Courts Bill, continued

‘16A
In section 28(1) (arrangements to safeguard and promote welfare: Wales), after

paragraph (h) insert—

“(ha)
the principal of a secure college in Wales;”.

16B
In section 31(3) (establishment of Local Safeguarding Children Boards in

Wales), after paragraph (f) insert—

“(fa)
the principal of a secure college in the area of the authority;”.

16C
In section 33(3)(c) (funding of Local Safeguarding Children Boards in Wales),

after “or prison” insert “or the principal of a secure college”.’.

Member’s explanatory statement

This amendment and amendments 20, 21, 24, 25, 26 and 27 are consequential on amendment 16..

Mr Shailesh Vara

20

Schedule  3,  page  73,  line  2,  after ‘England’ insert ‘or Wales’.

Mr Shailesh Vara

21

Schedule  3,  page  73,  line  4,  after ‘England’ insert ‘or Wales’.

Mr Shailesh Vara

22

Schedule  4,  page  80,  line  15,  leave out ‘51 weeks’ and insert ‘12 months’.

Member’s explanatory statement

The offence of wrongful disclosure of information under paragraph 25 of Schedule 4 is triable

either on indictment or summarily. When section 154 of the Criminal Justice Act 2003 comes into

force, the maximum term of imprisonment on summary conviction should change from 6 months to

12 months (not 51 weeks, which is appropriate for summary-only offences).

Mr Shailesh Vara

23

Schedule  4,  page  81,  line  29,   leave out ‘In section 15(3)(d) (funding of Local

Safeguarding Children Boards)’ and insert ‘In section 15(3) (funding of Local

Safeguarding Children Boards)—

(a)
in paragraph (c), after “principal of a” insert “directly managed”, and

(b)
in paragraph (d),’.

Member’s explanatory statement

This amendment provides that, where the principal of a secure college is a Board partner of the

authority that established a Local Safeguarding Children Board, the Secretary of State is only a

person who may make payments towards expenditure incurred by the Board if the college is

directly managed, rather than contracted-out.

Mr Shailesh Vara

24

Schedule  4,  page  81,  line  30,  at end insert—

‘32A
In section 33(3) (funding of Local Safeguarding Children Boards in Wales)—

(a)
in paragraph (c), after “principal of a” insert “directly managed”, and

(b)
in paragraph (d), after “or prison” insert “or the principal of a

contracted-out secure college”.’.

Mr Shailesh Vara

25

Schedule  4,  page  81,  line  33,  after ‘references’ insert ‘to a directly managed secure

college and’.

Notices of Amendments: 13 March 2014
21

Criminal Justice and Courts Bill, continued

Mr Shailesh Vara

26

Schedule  4,  page  81,  line  34,  leave out ‘such a’ and insert ‘a contracted-out,’.

Mr Shailesh Vara

27

Schedule  4,  page  81,  line  35,  leave out ‘1’ and insert ‘27’.

Dan Jarvis

Mr Andy Slaughter

28

Clause  16,  page  16,  line  37,  at end insert—

‘(c)
sexual activity where one of the participants is portrayed in such a way

as to make them appear under 18;

(d)
a person participating in a sexual activity with someone who is depicted

as a member of their immediate family; and

(e)
sexual activity incorporating sexual threats, humiliation or abuse which

do not form part of a clearly consenting role-playing game.’.

Dan Jarvis

Mr Andy Slaughter

29

Clause  16,  page  6,  line  31,  leave out from ‘of’ to end of line 37 and insert ‘the

portrayal of sexual activity which involves real or apparent lack of consent,’.

Dan Jarvis

Mr Andy Slaughter

30

Clause  17,  page  18,  line  20,  at end insert—

‘(2A)
No person who is aged under 15 shall be detained in a secure college established

under subsection (1)(c).’.

Dan Jarvis

Mr Andy Slaughter

31

Clause  17,  page  18,  line  20,  at end insert—

‘(2A)
A young woman may not be placed in a secure college established under

subsection (1)(c).’.

Dan Jarvis

Mr Andy Slaughter

32

Clause  17,  page  18,  line  18,  at end insert—

‘(d)
Secure Children’s Homes’.

Dan Jarvis

Mr Andy Slaughter

33

Clause  17,  page  19,  line  35,  after ‘contempt’, insert—

‘(14)
The Secretary of State shall make arrangements to ensure that sufficient places

are available in secure children’s homes to enable young persons for whom

detention in a secure children’s home is deemed more appropriate by the relevant

Notices of Amendments: 13 March 2014
22

Criminal Justice and Courts Bill, continued

authority than detention in a secure college or young offender institution to be so

detained.’.

Dan Jarvis

Mr Andy Slaughter

34

Schedule  4,  page  75,  line  14,  at end insert—

‘(e)
to assess and promote their best interests.’.

Dan Jarvis

Mr Andy Slaughter

35

Schedule  3,  page  69,  line  30,  after ‘colleges’, insert ‘including, in the case of

secure colleges, joint inspection by Her Majesty’s Inspectorate of Prisons and the Office

for Standards in Education, Children’s Services and Skills.’.

Dan Jarvis

Mr Andy Slaughter

36

Schedule  4,  page  75,  line  26,  leave out from ‘where’ to end of line 27 and insert ‘a

young person poses an imminent threat of injury to himself or others, and only when all

other means of control have been exhausted.’.

Offence of assaulting a worker selling alcohol

Dan Jarvis

Mr Andy Slaughter

NC11

To move the following Clause:—

‘(1)
A person who assaults a worker who is required to enforce the Licensing Act

2003—

(a)
in the course of that worker’s employment; or

(b)
by reason of that worker’s employment,


commits an offence.

(2)
No offence is committed—

(a)
under subsection (1)(a) unless the person who assaults knows, or ought

to know, that the worker is acting in the course of the worker’s

employment or is enforcing the 2003 Act;

(b)
under subsection (1)(b) unless the assault is motivated, in whole or in

part, by malice towards the worker by reason of the worker’s

employment and their enforcement of the 2003 Act.

(3)
In this section—

“worker selling alcohol” means a person whose employment involves them

selling alcohol under the provisions of the Licensing Act 2003.

“employment” in this context means any paid or unpaid work whether under

contract, apprenticeship, or otherwise.

(4)
Evidence from a single source is sufficient evidence to establish for the purpose

of subsection (1) whether a person is a worker.

(5)
A person guilty of an offence under this Act is liable, on summary conviction, to

imprisonment for a period not exceeding six months or to a fine not exceeding

level 5 on the standard scale.’.

Notices of Amendments: 13 March 2014
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Criminal Justice and Courts Bill, continued

Dan Jarvis

Mr Andy Slaughter

37

Clause  6,  page  6,  line  29,  at end insert—

‘(1A)
The Code of Practice must include a requirement that a person carrying out

electronic monitoring who is not a public authority as defined by section 3 of the

Freedom of Information Act 2000 shall provide information in respect of the

carrying out of electronic monitoring in the same manner as if they were such a

public authority.’.

Dan Jarvis

Mr Andy Slaughter

38

Schedule  4,  page  73,  line  25,  at end insert—

‘(1A)
Where the Secretary of State enters into a contract with another person under

paragraph 1(1), and that person is not a public authority for the purposes of

section 3 of the Freedom of Information Act 2000, that person shall be designated

by the Secretary of State as a public authority for the purposes of that section in

relation to that contract.’.



© Parliamentary copyright	Revised 14 March 2014