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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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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