House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 12 May 2014
618

Criminal Justice and Courts Bill, continued

Open prisons: murderers

Philip Davies

Mr David Nuttall

Not called  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

Not called  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

Not called  NC41

To move the following Clause:—

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

Category D prison.’.

Open prisons: victims

Philip Davies

Mr David Nuttall

Not called  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.’.

Report Stage Proceedings: 12 May 2014
619

Criminal Justice and Courts Bill, continued

Meeting a child following sexual grooming etc.

Sarah Champion

Dr Julian Huppert

Mrs Emma Lewell-Buck

Craig Whittaker

Not called  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”.’.

Offence of abduction of child by other persons

Sarah Champion

Dr Julian Huppert

Mrs Emma Lewell-Buck

Craig Whittaker

Not called  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”.’.

Aggravated offences against members of the armed forces

Dan Jarvis

Vernon Coaker

Mr Andy Slaughter

Mr Kevan Jones

Negatived on division  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

Report Stage Proceedings: 12 May 2014
620

Criminal Justice and Courts Bill, continued

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.’.

Diana Johnson

Helen Goodman

Dan Jarvis

Mr Andy Slaughter

Not called  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

Negatived on division  18

Page  19,  line  4,  leave out Clause 19.

Dan Jarvis

Mr Andy Slaughter

Not called  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).’.

Report Stage Proceedings: 12 May 2014
621

Criminal Justice and Courts Bill, continued

Dan Jarvis

Mr Andy Slaughter

Not called  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

Not called  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

Not called  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

authority than detention in a secure college or young offender institution, to be so

detained.’.

Dan Jarvis

Mr Andy Slaughter

John McDonnell

Jeremy Corbyn

Not called  16

Page  20,  line  37,  leave out Clause 20.

John McDonnell

Jeremy Corbyn

Not called  21

Page  71,  line  1,  leave out Schedule 3.

Secretary Chris Grayling

Agreed to  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”.’.

Secretary Chris Grayling

Agreed to  6

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

Report Stage Proceedings: 12 May 2014
622

Criminal Justice and Courts Bill, continued

‘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;”.’.

Dan Jarvis

Mr Andy Slaughter

John McDonnell

Jeremy Corbyn

Not called  17

Page  76,  line  10,  leave out Schedule 4.

Dan Jarvis

Mr Andy Slaughter

Sarah Champion

Not called  10

Schedule  4,  page  74,  line  17,  at end insert—

‘Staff

4A  (4)
All staff employed as teachers, counsellors or nurses at a secure unit must hold

qualifications as one of the following—

(a)
qualified teachers;

(b)
accredited member of the British Association of Counsellors and

Psychotherapists; and

(c)
registered nurse (children).’.

Mr Robert Buckland

Not called  19

Schedule  4,  page  76,  line  16,  at end insert—

    ‘(3)
The Principal shall—

(a)
keep special educational provision in the secure college under review;

(b)
keep SEN and disability training of secure college workforce under

review;

(c)
ensure persons detained who may have a special educational need are

brought to the attention of their home local authority; and

(d)
carry out (a), (b) and (c) with advice from the secure college SEN co-

ordinator.’.

Dan Jarvis

Mr Andy Slaughter

Not called  11

Schedule  4,  page  77,  line  20,  leave out from ‘where’ until the end of line 21 and

insert ‘a young person poses an imminent threat of injury to himself or others, and only

Report Stage Proceedings: 12 May 2014
623

Criminal Justice and Courts Bill, continued

when all other means of control have been exhausted.’.

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

TRIAL IN MAGISTRATES’ COURTS ON THE PAPERS; CHARGING OFFENDERS IN RESPECT

OF COSTS OF CRIMINAL COURTS; COLLECTION OF FINES; APPEALS IN CIVIL

PROCEEDINGS, OTHER THAN JUDICIAL REVIEW AND CHALLENGES TO PLANNING-

RELATED DECISIONS; WASTED COSTS IN CIVIL PROCEEDINGS; CONTEMPT OF COURT;

JURIES AND MEMBERS OF THE COURT MARTIAL; AMENDMENTS TO PART 3

Criminal courts charge and collection of fines

John McDonnell

Jeremy Corbyn

Not called  NC17

To move the following Clause:—

‘Where a court dealing with an offender considers—

(a)
that it would be appropriate to make a compensation order, but

(b)
that he has insufficient means to pay both the criminal courts charge and

appropriate compensation, the court must reduce the charge accordingly

(if necessary to nil).’.

Julie Hilling

Mike Kane

Not called  9

Clause  28,  page  26,  line  31,  at end insert—

‘(c)
a submission from the DVLA to inform the court of any penalty points

endorsed on the driver’s record.’.

Julie Hilling

Mike Kane

Not called  8

Clause  28,  page  26,  line  35,  at end insert—

‘(3A)
For cases involving driving offences, where the accused has 12 or more penalty

points currently on their drivers’ record, any exceptional hardship plea previously

made by the accused must be disclosed to the court.’.

John McDonnell

Jeremy Corbyn

Not called  22

Clause  33,  page  35,  line  13,  at end insert—

Report Stage Proceedings: 12 May 2014
624

Criminal Justice and Courts Bill, continued

‘(7)
The provision of this section shall have effect only so long as the functions of

Fines Officers remain administrative in nature and do not involve the making any

judicial decisions.’.



© Parliamentary copyright	Revised 13 May 2014