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Consideration of Bill: 12 May 2014                     

2069

 

Criminal Justice and Courts Bill, continued

 
 

“(1)    

This section applies where on the summary trial of an offence mentioned

 

in section 91(1) of this Act a person aged under 18 is convicted of the

 

offence.”

 

(3)    

For the heading of that section substitute “Committal for sentence of young

 

offenders on summary trial of certain serious offences”.

 

(4)    

The amendment made by subsection (2) applies only if the person convicted of

 

the offence first appeared in respect of the offence after the day on which the

 

amendment comes into force.

 

(5)    

For the purposes of subsection (4), a person first appears in respect of an offence

 

when the person first appears or is brought before a magistrates’ court in the

 

proceedings in which the person is charged with the offence.’.

 

Member’s explanatory statement

 

This amendment allows a magistrates’ court to commit a person under 18 for sentence to the

 

Crown Court where the court has found the person guilty of an offence mentioned in section 91(1)

 

of the Powers of Criminal Courts (Sentencing) Act 2000. Currently the court can only do so

 

following an early guilty plea.

 

 

NEW CLAUSES AND NEW SCHEDULES RELATING TO ANY OF THE FOLLOWING:

 

treatment, release and recall of prisoners; adult cautions; offences of

 

sexual grooming of children or abduction of children; armed forces;

 

amendments to part 1

 

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

 

(c)    

in a case where neither of the proceeding paragraphs applies, he

 

has, during the same term of imprisonment, already been

 

released under section 255B(1)(b) or (2) or section 255C(2).’.

 

 
 

Consideration of Bill: 12 May 2014                     

2070

 

Criminal Justice and Courts Bill, continued

 
 

Tagged curfew on remand not to count towards time served

 

Philip Davies

 

Mr David Nuttall

 

NC31

 

To move the following Clause:—

 

‘(1)    

The Criminal Justice Act 2003 is amended as follows.

 

(2)    

In subsection (1B)(c) of section 237, leave out “or section 240A”.

 

(3)    

In the italic heading before section 240, after “custody”, leave out “or on bail

 

subject to certain types of condition”.

 

(4)    

Leave out section 240A.’.

 

 

Open prisons: deportees

 

Philip Davies

 

Mr David Nuttall

 

NC37

 

To move the following Clause:—

 

‘No prisoner serving a sentence for which he is liable for deportation can be

 

moved to a Category D prison.’.

 

 

Resettlement licence: deportees

 

Philip Davies

 

Mr David Nuttall

 

NC38

 

To move the following Clause:—

 

‘No prisoner serving a sentence for which he is liable for deportation can be

 

eligible for resettlement licence.’.

 

 
 

Consideration of Bill: 12 May 2014                     

2071

 

Criminal Justice and Courts Bill, continued

 
 

Open prisons: murderers

 

Philip Davies

 

Mr David Nuttall

 

NC39

 

To move the following Clause:—

 

‘No prisoner serving a sentence for murder can be moved to a Category D

 

prison.’.

 

 

Resettlement licence: murderers

 

Philip Davies

 

Mr David Nuttall

 

NC40

 

To move the following Clause:—

 

‘No prisoner serving a sentence for murder can be eligible for resettlement

 

licence.’.

 

 

Open prisons: serious offenders

 

Philip Davies

 

Mr David Nuttall

 

NC41

 

To move the following Clause:—

 

‘No prisoner serving a sentence for an indictable only offence can be moved to a

 

Category D prison.’.

 

 
 

Consideration of Bill: 12 May 2014                     

2072

 

Criminal Justice and Courts Bill, continued

 
 

Open prisons: victims

 

Philip Davies

 

Mr David Nuttall

 

NC42

 

To move the following Clause:—

 

‘No prisoner serving a life sentence can be moved to a Category D prison before

 

the views of the victim or the victim’s family have been sought and considered

 

by the Secretary of State for Justice.’.

 

 

 

Meeting a child following sexual grooming etc.

 

Sarah Champion

 

Dr Julian Huppert

 

Mrs Emma Lewell-Buck

 

Craig Whittaker

 

NC2

 

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

 

Dr Julian Huppert

 

Mrs Emma Lewell-Buck

 

Craig Whittaker

 

NC3

 

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 person) 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

 
 

Consideration of Bill: 12 May 2014                     

2073

 

Criminal Justice and Courts Bill, continued

 
 

this disparity and set a consistent age of under 18.

 

 

Aggravated offences against members of the armed forces

 

Dan Jarvis

 

Vernon Coaker

 

Mr Andy Slaughter

 

Mr Kevan Jones

 

NC15

 

To move the following Clause:—

 

‘(1)    

Part 12 (Sentencing) of the Criminal Justice Act 2003, is amended as follows.

 

(2)    

At the end of section 146, insert—

 

“147  

Increase in sentences for aggravation related to membership of the

 

Armed Forces

 

(1)    

This section applies where the court is considering the seriousness of an

 

offence committed in any of the circumstances mentioned in subsection

 

(2).

 

(2)    

Those circumstances are—

 

(a)    

that, at the time of committing the offence, or immediately

 

before or after doing so, the offender demonstrated towards the

 

victim of the offence hostility based on the victim being a former

 

or serving member (or presumed former or serving member) of

 

the armed forces or army reserve; and

 

(b)    

that the offence is motivated (wholly or partly) by hostility

 

towards persons who are former or serving members of the

 

armed forces.

 

(3)    

The court—

 

(a)    

must treat the fact that the offence was committed in any of those

 

circumstances as an aggravating factor; and

 

(b)    

must state in open court that the offence was committed in such

 

circumstances.

 

(4)    

It is immaterial for the purposes of paragraph (a) or (b) of subsection (2)

 

whether or not the offender’s hostility is also based, to any extent, on any

 

other factor not mentioned in that paragraph.

 

(5)    

In this section “armed forces” means Royal Navy, Army and Royal Air

 

Force, both regular and reserve.’.

 

 
 

Consideration of Bill: 12 May 2014                     

2074

 

Criminal Justice and Courts Bill, continued

 
 

Diana Johnson

 

Helen Goodman

 

Dan Jarvis

 

Mr Andy Slaughter

 

20

 

Clause  18,  page  17,  line  29,  leave out from ‘portrays’ to end of line 42 and insert

 

‘sexual activity which involves real or apparent lack of consent or any form of physical

 

restraint which prevents participants from indicating a withdrawal of consent’.

 

 

NEW CLAUSES AND NEW SCHEDULES RELATING TO ANY OF THE FOLLOWING:

 

DETENTION OF YOUNG OFFENDERS; YOUTH CAUTIONS; REFERRAL ORDERS;

 

AMENDMENTS TO PART 2

 

Dan Jarvis

 

Mr Andy Slaughter

 

John McDonnell

 

Jeremy Corbyn

 

18

 

Page  19,  line  4,  leave out Clause 19.

 

Dan Jarvis

 

Mr Andy Slaughter

 

14

 

Clause  19,  page  19,  line  16,  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

 

15

 

Clause  19,  page  19,  line  16,  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

 

12

 

Clause  19,  page  20,  line  30,  at end insert—

 

‘(14)    

The Secretary of State must make arrangements to ensure there is adequate

 

specialist provision to cater for the health and wellbeing needs of all young

 

persons detained in a secure college.’.

 

Dan Jarvis

 

Mr Andy Slaughter

 

13

 

Clause  19,  page  20,  line  30,  at end 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

 
 

Consideration of Bill: 12 May 2014                     

2075

 

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

 

John McDonnell

 

Jeremy Corbyn

 

16

 

Page  20,  line  37,  leave out Clause 20.

 

 

John McDonnell

 

Jeremy Corbyn

 

21

 

Page  71,  line  1,  leave out Schedule 3.

 

Secretary Chris Grayling

 

5

 

Schedule  3,  page  73,  line  15,  at end insert—

 

‘16A      

In section 25(4A) (co-operation to improve well-being: Wales)—

 

(a)    

for “Crown or” substitute “Crown,” and

 

(b)    

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

 

Member’s explanatory statement

 

This amendment and amendment 6 add references to secure colleges to provisions of, or inserted

 

by, the Social Services and Well-being (Wales) Act 2014, including provisions which require

 

Welsh Ministers to seek the Secretary of State’s consent before specifying certain persons as

 

partners in arrangements in Wales to protect or improve the well-being of children.

 

Secretary Chris Grayling

 

6

 

Schedule  3,  page  74,  line  33,  at end insert—

 

‘Social Services and Well-being (Wales) Act 2014 (anaw 4)

 

31  (1)  

The Social Services and Well-being (Wales) Act 2014 is amended as follows.

 

      (2)  

In section 134(8) (Safeguarding Children Boards and Safeguarding Adults

 

Boards)—

 

(a)    

for “Crown or” substitute “Crown,” and

 

(b)    

after “director)” insert “or the principal of a secure college”.

 

      (3)  

In section 188(1) (interpretation of sections 185 to 187), in the definition of

 

“youth detention accommodation”, after paragraph (b) insert—

 

“(ba)    

a secure college;”.’.

 

 
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Revised 12 May 2014