House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

Notices of Amendments: 8 May 2014
2050

Criminal Justice and Courts Bill, continued

“(5A)
Section (5B) applies where—

(a)
a person is convicted of an offence under subsection (1)

committed after this subsection is commenced;

(b)
at the time when the offence was committed, he was 18 or over

and had one other conviction under—

(i)
subsection (1);

(ii)
section 139;

(iii)
section 139AA; or

(iv)
sections (1) or (1A) of the Prevention of Crime Act

1953;

(c)
the offence was committed after he had been convicted of the

other.

(5B)
Where a person is convicted of an offence under subsection (1) the court

must impose a sentence of imprisonment for a term of at least 6 months

unless the court is of the opinion that there are particular circumstances

which—

(a)
relate to the offence or to the offender, and

(b)
would make it unjust to do so in all the circumstances.

(5C)
Where an offence is found to have been committed over a period of two

or more days, or at some time during a period of two or more days, it shall

be taken for the purposes of this section to have been committed on the

last of those days.

(5D)
In relation to times before the coming into force of paragraph 180 of

Schedule 7 to the Criminal Justice and Court Services Act 2000, the

reference in subsection (5B) to a sentence of imprisonment, in relation to

an offender aged under 21 at the time of conviction, is to be read as a

reference to a sentence of detention in a young offender institution.”.’.

Giving evidence at remote sites

Ann Coffey

NC8

To move the following Clause:—

‘(1)
The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2)
After Section (30) insert—

“30A
Giving evidence at remote sites

(1)
A special measures direction may provide for persons eligible for

assistance under section (16) to give evidence at a remote site.

(2)
For the purposes of this section any facility may be designated as a

remote site where the court is satisfied that all the five criteria as follows

have been met—

Notices of Amendments: 8 May 2014
2051

Criminal Justice and Courts Bill, continued

(a)
the facility must be suitable for hearing evidence;

(b)
the facility must be absent from the court building;

(c)
the location of the facility must be appropriate to meet the needs

and promote the welfare of the witness;

(d)
the arrangement must not prevent the witness from being able to

see, and to be seen by—

(i)
the judge or justices (or both) and the jury (if there is

one);

(ii)
legal representatives acting in the proceedings; and

(iii)
any interpreter or other person appointed (in pursuance

of the direction or otherwise) to assist the witness.”.’.

Persons under 11 years of age to give evidence through intermediaries

Ann Coffey

NC9

To move the following Clause:—

‘(1)
The Youth Justice and Criminal Evidence 1999 is amended as follows.

(2)
After Section (29) insert—

“29A
Persons under 11 years of age to give evidence through intermediaries

(1)
Where a victim or witnesses under 11 years of age is required to testify

in court proceedings the court must, through a special measures direction,

provide for any examination of the witness to be conducted through an

intermediary as defined under section (29).

(2)
A person must not act as an intermediary under subsection (1) except

after—

(a)
undertaking screening to be provided by the Disclosure and

Barring Service;

(b)
making a declaration, in such form as may be prescribed by the

rules of court, that he will faithfully perform his function as an

intermediary.

(c)
providing evidence to the court of relevant accredited training,

qualifications and experience.”.’.

Civil proceedings for cases of aggravated trespass

Mr Robert Buckland

NC16

To move the following Clause:—

‘(1)
The Criminal Justice and Public Order Act 1994 is amended as follows.

(2)
In section 68, after subsection (5) insert—

Notices of Amendments: 8 May 2014
2052

Criminal Justice and Courts Bill, continued

“(6)
A contravention of subsection (1) shall be actionable in civil proceedings

at the suit of a person adversely affected by it, subject to the defences and

other incidents applying to actions for breach of statutory duty.’.

Member’s explanatory statement

This amendment would enable civil proceedings to be brought by those adversely affected by cases

of aggravated trespass.

Definition of a foreign pornographic service

Helen Goodman

Dan Jarvis

Diana Goodman

Mr Andy Slaughter

NC18


To move the following Clause:—

‘(1)
A service is a foreign pornographic service if—

(a)
the principal purpose of the service is the provision of still images or

audio-visual material which is pornographic;

(b)
it includes pornographic material which depicts in an explicit and

realistic way—

(i)
penetration of the vagina or anus of a person with a part of the

body or anything else;

(ii)
oral sex;

(iii)
masturbation;

(iv)
ejaculation;

(v)
urinary or excretory functions; or

(vi)
acts of restraint or violence of threats which are associated with

sexual activity;

(c)
the provider of the service is not under the jurisdiction of a European

Union Member State for the purposes of the Audiovisual Media Services

Directive;

(d)
the pornographic still images of audio-visual material are received by the

user by means of an electronic communications network; and

(e)
the service can be received in the United Kingdom by a member of the

public using standard consumer equipment.

(2)
In this section “pornographic” has the same meaning as in section 63 (c)-(e) of

the Criminal Justice and Immigration Act 2008.’.

Notices of Amendments: 8 May 2014
2053

Criminal Justice and Courts Bill, continued

Licensing of foreign pornographic services

Helen Goodman

Dan Jarvis

Diana Goodman

Mr Andy Slaughter

NC19


To move the following Clause:—

‘(1)
The provider of a foreign pornographic service is guilty of an offence if the

service is not a service licensed by the appropriate licensing authority.

(2)
An application for a licence to provide a foreign pornographic service—

(a)
must be made in such manner; and

(b)
must contain such information about the applicant, his business and the

service he proposes to provide, as the appropriate licensing authority may

determine.

(3)
The appropriate licensing authority may require an application for a licence to

provide a foreign pornographic service to be accompanied by a fee if such fee is

payable in accordance with a tariff approved by the Secretary of State.

(4)
The Secretary of State may for the purposes of subsection (3) approve a tariff

providing for different fees for different classes of foreign pornographic service

and for different circumstances.

(5)
Any licence issued by the appropriate licensing authority must require that any

material which falls within section [Definition of a foreign pornographic

service](1)(b) is provided in a manner which secures that persons under 18 will

not normally see or hear it.

(6)
The Secretary of State may by notice under this section require that any licence

issued by the appropriate licensing authority must contain requirements other

than that contained in subsection (5).

(7)
No licence issued by the appropriate licensing authority may stipulate a condition

other than one required under subsection (5) or subsection (6).

(8)
The appropriate licensing authority may—

(a)
decline to issue a licence to a foreign pornographic service if that service

is in breach of any requirement under subsection (5) or (6); or

(b)
revoke a licence to provide a foreign pornographic service if that service

is in breach of any requirement under subsection (5) or (6).

(9)
Unless revoked under section (8) above, a licence shall remain in force for one

year or for such shorter period as the appropriate licensing authority on the grant

of the licence may determine.

(10)
The appropriate licensing authority may transfer any licence granted by them to

such other person as they think fit.

(11)
The Secretary of State may by notice under this section designate any body to be

the appropriate licensing authority.

(12)
The Secretary of State shall not make any designation under this section unless

he is satisfied that adequate arrangements will be made by the designated body

for an appeal by any person against—

(a)
a refusal by the appropriate licensing authority to issue a licence to that

person; or

(b)
a decision by the appropriate licensing authority to revoke a licence

issued to that person.’.

Notices of Amendments: 8 May 2014
2054

Criminal Justice and Courts Bill, continued

Parliamentary procedure for designation

Helen Goodman

Dan Jarvis

Diana Goodman

Mr Andy Slaughter

NC20


To move the following Clause:—

‘(1)
Where the Secretary of State proposes to make a designation under section

[Licensing of foreign pornographic services](11) of this Act, he shall lay

particulars of his proposal before both Houses of Parliament and shall not make

the proposed designation until after the end of the period of 40 days beginning

with the day on which the particulars of his proposal were so laid.

(2)
If, within the period mentioned in subsection (1) above, either House resolves that

the Secretary of State should not make the proposed designation, the Secretary of

State shall not do so, but without prejudice to his power to lay before Parliament

particulars of further proposals in accordance with that subsection.

(3)
For the purposes of subsection (1) above—

(a)
where particulars of a proposal are laid before each House of Parliament

on different days, the later day shall be taken to be the day on which the

particulars were laid before both Houses; and

(b)
in reckoning any period of 40 days, no account shall be taken of any time

during which Parliament is dissolved or prorogued or during which both

Houses are adjourned for more than four days.’.

Penalties

Helen Goodman

Dan Jarvis

Diana Goodman

Mr Andy Slaughter

NC21


To move the following Clause:—

‘A person guilty of an offence under section [Licensing of foreign pornographic

services](1) shall be liable, on summary conviction, to imprisonment for a term

not exceeding six months or a fine not exceeding level 5 on the standard scale or

both.’.

Notices of Amendments: 8 May 2014
2055

Criminal Justice and Courts Bill, continued

Unduly lenient sentences: time limit

Philip Davies

Mr David Nuttall

NC23


To move the following Clause:—

‘(1)
The Criminal Justice Act 1988 is amended as follows.

(2)
In Schedule 3, paragraph 1, after “within” leave out “28” and insert “42”.’.

Unduly lenient sentences: time limit (No. 2)

Philip Davies

Mr David Nuttall

NC24


To move the following Clause:—

‘(1)
The Criminal Justice Act 1988 is amended as follows.

(2)
In Schedule 3, paragraph 1, after “within” leave out “28” and insert “56”.’.

Unduly lenient sentences: time limit (No. 2)

Philip Davies

Mr David Nuttall

NC25


To move the following Clause:—

‘(1)
The Criminal Justice Act 1988 is amended as follows.

(2)
In Schedule 3, paragraph 1, after “within” leave out “28” and insert “70”.’.

Unduly lenient sentences: time limit (No. 4)

Philip Davies

Mr David Nuttall

NC26


To move the following Clause:—

‘(1)
The Criminal Justice Act 1988 is amended as follows.

(2)
In Schedule 3, paragraph 1, leave out “28” and insert “90”.’.

Notices of Amendments: 8 May 2014
2056

Criminal Justice and Courts Bill, continued

Raising the retirement age for JPs to 75

Philip Davies

Mr David Nuttall

NC27


To move the following Clause:—

‘(1)
Section 13 of the Courts Act 2003 is amended as follows.

(2)
In subsection (2), leave out “70” and insert “75”.

(3)
In subsection (3)(a), leave out “70” and insert “75”.

(4)
(a) after “reaches”, leave out “70” and insert “75”.’.

Raising the retirement age for judges to 75

Philip Davies

Mr David Nuttall

NC28


To move the following Clause:—

‘(1)
Section 26 of the Judicial Pensions and Retirement Act 1993 is amended as

follows.

(2)
In subsection (1), leave out “70” and insert “75”.

(3)
In subsection (4), leave out “70” and insert “75”.

(4)
In subsection (5), leave out the words “and not extending beyond the day on

which the person attains the age of 75”.

(5)
In subsection (6), leave out the words “and not extending beyond the day on

which the person attains the age of 75”.

(6)
In subsection (7), leave out “70” and insert “75”.’.

Fixed term recalls

Philip Davies

Mr David Nuttall

NC29


To move the following Clause:—

‘(1)
Section 255A of the Criminal Justice Act 2003 is amended as follows.

(2)
After subsection 4, insert—

“(4A)
A person is not suitable for automatic release if—

(a)
he is an extended sentence prisoner or a specified offence

prisoner;

(b)
in a case where paragraph (a) does not apply, he was recalled

under section 254 before the normal entitlement date (having

been released before that date under section 246 or 248); or



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