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| To move the following Clause:— |
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| | ‘No prisoner serving a sentence for murder can be moved to a Category D |
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| | Resettlement licence: murderers |
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| To move the following Clause:— |
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| | ‘No prisoner serving a sentence for murder can be eligible for resettlement |
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| | Open prisons: serious offenders |
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| To move the following Clause:— |
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| | ‘No prisoner serving a sentence for an indictable only offence can be moved to a |
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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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| | 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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| | Aggravated offences against members of the armed forces |
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| | Negatived on division NC15 |
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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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| 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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| Page 76, line 10, leave out Schedule 4. |
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| Schedule 4, page 74, line 17, at end insert— |
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| | 4A (4) | All staff employed as teachers, counsellors or nurses at a secure unit must hold |
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| | qualifications as one of the following— |
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| | (b) | accredited member of the British Association of Counsellors and |
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| | (c) | registered nurse (children).’. |
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| Schedule 4, page 76, line 16, at end insert— |
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| | ‘(3) | The Principal shall— |
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| | (a) | keep special educational provision in the secure college under review; |
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| | (b) | keep SEN and disability training of secure college workforce under |
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| | (c) | ensure persons detained who may have a special educational need are |
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| | brought to the attention of their home local authority; and |
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| | (d) | carry out (a), (b) and (c) with advice from the secure college SEN co- |
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| Schedule 4, page 77, line 20, leave out from ‘where’ until the end of line 21 and |
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| insert ‘a young person poses an imminent threat of injury to himself or others, and only |
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| when all other means of control have been exhausted.’. |
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO ANY OF THE FOLLOWING:
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| TRIAL IN MAGISTRATES’ COURTS ON THE PAPERS; CHARGING OFFENDERS IN RESPECT |
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| OF COSTS OF CRIMINAL COURTS; COLLECTION OF FINES; APPEALS IN CIVIL |
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| PROCEEDINGS, OTHER THAN JUDICIAL REVIEW AND CHALLENGES TO PLANNING- |
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| RELATED DECISIONS; WASTED COSTS IN CIVIL PROCEEDINGS; CONTEMPT OF COURT; |
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| JURIES AND MEMBERS OF THE COURT MARTIAL; AMENDMENTS TO PART 3 |
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| | Criminal courts charge and collection of fines |
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| To move the following Clause:— |
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| | ‘Where a court dealing with an offender considers— |
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| | (a) | that it would be appropriate to make a compensation order, but |
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| | (b) | that he has insufficient means to pay both the criminal courts charge and |
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| | appropriate compensation, the court must reduce the charge accordingly |
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| Clause 28, page 26, line 31, at end insert— |
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| | ‘(c) | a submission from the DVLA to inform the court of any penalty points |
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| | endorsed on the driver’s record.’. |
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| Clause 28, page 26, line 35, at end insert— |
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| | ‘(3A) | For cases involving driving offences, where the accused has 12 or more penalty |
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| | points currently on their drivers’ record, any exceptional hardship plea previously |
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| | made by the accused must be disclosed to the court.’. |
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| Clause 33, page 35, line 13, at end insert— |
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