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| | “(1) | This section applies where on the summary trial of an offence mentioned |
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| | in section 91(1) of this Act a person aged under 18 is convicted of the |
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| | (3) | For the heading of that section substitute “Committal for sentence of young |
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| | offenders on summary trial of certain serious offences”. |
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| | (4) | The amendment made by subsection (2) applies only if the person convicted of |
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| | the offence first appeared in respect of the offence after the day on which the |
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| | amendment comes into force. |
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| | (5) | For the purposes of subsection (4), a person first appears in respect of an offence |
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| | when the person first appears or is brought before a magistrates’ court in the |
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| | proceedings in which the person is charged with the offence.’. |
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| | Member’s explanatory statement
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| | This amendment allows a magistrates’ court to commit a person under 18 for sentence to the |
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| | Crown Court where the court has found the person guilty of an offence mentioned in section 91(1) |
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| | of the Powers of Criminal Courts (Sentencing) Act 2000. Currently the court can only do so |
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| | following an early guilty plea. |
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO ANY OF THE FOLLOWING:
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| treatment, release and recall of prisoners; adult cautions; offences of |
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| sexual grooming of children or abduction of children; armed forces; |
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| To move the following Clause:— |
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| | ‘(1) | Section 255A of the Criminal Justice Act 2003 is amended as follows. |
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| | (2) | After subsection 4, insert— |
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| | “(4A) | A person is not suitable for automatic release if— |
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| | (a) | he is an extended sentence prisoner or a specified offence |
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| | (b) | in a case where paragraph (a) does not apply, he was recalled |
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| | under section 254 before the normal entitlement date (having |
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| | been released before that date under section 246 or 248); or |
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| | (c) | in a case where neither of the proceeding paragraphs applies, he |
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| | has, during the same term of imprisonment, already been |
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| | released under section 255B(1)(b) or (2) or section 255C(2).’. |
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| | Tagged curfew on remand not to count towards time served |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Justice Act 2003 is amended as follows. |
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| | (2) | In subsection (1B)(c) of section 237, leave out “or section 240A”. |
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| | (3) | In the italic heading before section 240, after “custody”, leave out “or on bail |
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| | subject to certain types of condition”. |
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| | (4) | Leave out section 240A.’. |
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| To move the following Clause:— |
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| | ‘No prisoner serving a sentence for which he is liable for deportation can be |
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| | moved to a Category D prison.’. |
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| | Resettlement licence: deportees |
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| To move the following Clause:— |
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| | ‘No prisoner serving a sentence for which he is liable for deportation can be |
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| | eligible for resettlement licence.’. |
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| To move the following Clause:— |
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| | ‘No prisoner serving a life sentence can be moved to a Category D prison before |
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| | the views of the victim or the victim’s family have been sought and considered |
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| | by the Secretary of State for Justice.’. |
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| | Meeting a child following sexual grooming etc. |
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| To move the following Clause:— |
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| | ‘(1) | The Sexual Offences Act 2003 is amended as follows. |
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| | (2) | In section 15(1)(a) (meeting a child following sexual grooming etc.) for “two”, |
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| | Member’s explanatory statement
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| | At present, someone is only considered to be committing an offence if they contact the child twice |
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| | and arrange to meet them or travel to meet them with the intention of committing a sexual offence. |
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| | This new Clause would mean that the perpetrator would only have to make contact once. |
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| | Offence of abduction of child by other persons |
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| To move the following Clause:— |
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| | ‘(1) | The Child Abduction Act 1984 is amended as follows. |
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| | (2) | In section 2(1) (offence of abduction of child by other person) for “sixteen”, |
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| | Member’s explanatory statement
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| | At present, there is a disparity between the ages that children must be to be considered to be |
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| | abducted depending on whether they are in the care system or not. This new Clause would rectify |
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| | this disparity and set a consistent age of under 18. |
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| | Aggravated offences against members of the armed forces |
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| To move the following Clause:— |
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| | ‘(1) | Part 12 (Sentencing) of the Criminal Justice Act 2003, is amended as follows. |
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| | (2) | At the end of section 146, insert— |
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| | “147 | Increase in sentences for aggravation related to membership of the |
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| | (1) | This section applies where the court is considering the seriousness of an |
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| | offence committed in any of the circumstances mentioned in subsection |
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| | (2) | Those circumstances are— |
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| | (a) | that, at the time of committing the offence, or immediately |
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| | before or after doing so, the offender demonstrated towards the |
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| | victim of the offence hostility based on the victim being a former |
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| | or serving member (or presumed former or serving member) of |
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| | the armed forces or army reserve; and |
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| | (b) | that the offence is motivated (wholly or partly) by hostility |
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| | towards persons who are former or serving members of the |
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| | (a) | must treat the fact that the offence was committed in any of those |
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| | circumstances as an aggravating factor; and |
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| | (b) | must state in open court that the offence was committed in such |
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| | (4) | It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) |
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| | whether or not the offender’s hostility is also based, to any extent, on any |
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| | other factor not mentioned in that paragraph. |
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| | (5) | In this section “armed forces” means Royal Navy, Army and Royal Air |
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| | Force, both regular and reserve.’. |
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| Clause 18, page 17, line 29, leave out from ‘portrays’ to end of line 42 and insert |
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| ‘sexual activity which involves real or apparent lack of consent or any form of physical |
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| restraint which prevents participants from indicating a withdrawal of consent’. |
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO ANY OF THE FOLLOWING:
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| DETENTION OF YOUNG OFFENDERS; YOUTH CAUTIONS; REFERRAL ORDERS; |
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| Page 19, line 4, leave out Clause 19. |
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| Clause 19, page 19, line 16, at end insert— |
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| | ‘(2A) | A young woman may not be placed in a secure college established under |
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| Clause 19, page 19, line 16, at end insert— |
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| | ‘(2A) | No person who is aged under 15 shall be detained in a secure college established |
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| | under subsection (1)(c).’. |
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| Clause 19, page 20, line 30, at end insert— |
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| | ‘(14) | The Secretary of State must make arrangements to ensure there is adequate |
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| | specialist provision to cater for the health and wellbeing needs of all young |
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| | persons detained in a secure college.’. |
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| Clause 19, page 20, line 30, at end insert— |
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| | ‘(14) | The Secretary of State shall make arrangements to ensure that sufficient places |
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| | are available in secure children’s homes to enable young persons, for whom |
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| | detention in a secure children’s home is deemed more appropriate by the relevant |
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| | authority than detention in a secure college or young offender institution, to be so |
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| Page 20, line 37, leave out Clause 20. |
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| Page 71, line 1, leave out Schedule 3. |
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| Schedule 3, page 73, line 15, at end insert— |
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| | ‘16A | In section 25(4A) (co-operation to improve well-being: Wales)— |
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| | (a) | for “Crown or” substitute “Crown,” and |
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| | (b) | after “director)” insert “or the principal of a secure college”.’. |
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| | Member’s explanatory statement
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| | This amendment and amendment 6 add references to secure colleges to provisions of, or inserted |
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| | by, the Social Services and Well-being (Wales) Act 2014, including provisions which require |
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| | Welsh Ministers to seek the Secretary of State’s consent before specifying certain persons as |
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| | partners in arrangements in Wales to protect or improve the well-being of children. |
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| Schedule 3, page 74, line 33, at end insert— |
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| | ‘Social Services and Well-being (Wales) Act 2014 (anaw 4) |
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| | 31 (1) | The Social Services and Well-being (Wales) Act 2014 is amended as follows. |
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| | (2) | In section 134(8) (Safeguarding Children Boards and Safeguarding Adults |
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| | (a) | for “Crown or” substitute “Crown,” and |
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| | (b) | after “director)” insert “or the principal of a secure college”. |
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| | (3) | In section 188(1) (interpretation of sections 185 to 187), in the definition of |
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| | “youth detention accommodation”, after paragraph (b) insert— |
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| | “(ba) | a secure college;”.’. |
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