House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Consideration of Bill: 12 May 2014
2089

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 Johnson

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.’.

Consideration of Bill: 12 May 2014
2090

Criminal Justice and Courts Bill, continued

Licensing of foreign pornographic services

Helen Goodman

Dan Jarvis

Diana Johnson

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.’.

Consideration of Bill: 12 May 2014
2091

Criminal Justice and Courts Bill, continued

Parliamentary procedure for designation

Helen Goodman

Dan Jarvis

Diana Johnson

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 Johnson

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.’.

Consideration of Bill: 12 May 2014
2092

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. 3)

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”.’.

Consideration of Bill: 12 May 2014
2093

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”.’.

Increasing magistrates’ sentencing powers to 12 months for one offence

Philip Davies

Mr David Nuttall

NC30

To move the following Clause:—

‘(1)
Section 154 of the Criminal Justice Act 2003 shall come into force.

(2)
Section 282 of the Criminal Justice Act 2003 shall come into force.’.

Consideration of Bill: 12 May 2014
2094

Criminal Justice and Courts Bill, continued

Collection and provision to judges of information relating to re-offending

Philip Davies

Mr David Nuttall

NC32

To move the following Clause:—

‘The Lord Chancellor must—

(1)
Arrange for the collection on an annual basis of statistics relating to re-

offending by defendants in criminal trials (excluding Magistrates Courts)

who have not received immediate custodial sentences on conviction and

who subsequently re-offend; and

(2)
Provide information to the judge in each trial mentioned in (1) about the

further offence and sentence in the case of each such defendant case.’.

Sentencing escalator

Philip Davies

Mr David Nuttall

NC33

To move the following Clause:—

‘(1)
Any person convicted of the same criminal offence on more than one occasion

must receive a longer custodial sentence for the second or subsequent offence

than his longest previous sentence for the same offence, unless the Court

considers it unjust to do so.

(2)
Where the sentencing options for the current offence do not permit the court to

increase the sentence under the provisions of subsection (1) the court must

impose the maximum sentence available to it, unless the Court considers it unjust

to do so.

(3)
In determining a sentence under subsection (1), a court shall not be bound by

section 125 (sentencing guidelines: duty of court) of the Coroners and Justice Act

2009.’.

Criminalising commercial squatting and squatting on land

Philip Davies

Mr David Nuttall

NC34

To move the following Clause:—

‘(1)
Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

is amended as follows.

(2)
In the heading, after “in”, leave out “a residential building” and insert “buildings

and on land”.

Consideration of Bill: 12 May 2014
2095

Criminal Justice and Courts Bill, continued

(3)
In subsection (1)(a) after “a”, leave out “residential”, and after “building”, insert

“or on land”.

(4)
In subsection (1)(c) after “building”, insert “or on the land”.

(5)
In subsection (2) after “building”, add “or land”.

(6)
Leave out subsection (3)(b) and insert “Land has the meaning defined in section

205(1)(ix) of the Law of Property Act 1925.

(7)
After “building”, insert “or land”.

(8)
(a) after “squatting in” leave out “a residential building” and insert “buildings and

on land”.’.

New form of joint enterprise offence

Philip Davies

Mr David Nuttall

NC35

To move the following Clause:—

‘(1)
The Domestic Violence, Crime and Victims Act 2004 is amended as follows.

(2)
In the italic cross-heading before section 5, leave out all the words after “a” and

insert “person”.

(3)
In subsection 1(a) leave out “child or vulnerable adult” and insert “person”.

(4)
In subsection (1)(a) after “unlawful act of”, leave out to end of the subsection and

insert “someone” (“P”), where D was with P at the time of the unlawful act”.

(5)
Leave out subsection (1)(b).

(6)
Leave out subsection (3).

(7)
Leave out subsection (4).

(8)
In subsection 6 leave out the definitions of “child” and “vulnerable adult”.’.

Intentional harassment, alarm or distress

Philip Davies

Mr David Nuttall

NC36

To move the following Clause:—

‘(1)
Section 4A of the Public Order Act 1986 is amended as follows.

(2)
In subsection (1)(a) leave out “, abusive or insulting” and insert “or abusive”.

(3)
In subsection (1)(b) leave out “, abusive or insulting” and insert “or abusive”.’.



© Parliamentary copyright	Revised 12 May 2014