Session 2014 - 15
Internet Publications
Other Bills before Parliament


 
 

65

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 10 June 2014

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

7-30

 

Consideration of Bill


 

Criminal Justice and Courts Bill, As Amended


 

Note

 

The Amendments have been arranged in accordance with the Order of the House

 

[12 May 2014].

 


 

Secretary Chris Grayling

 

NC44

 

To move the following Clause—

 

“Corrupt or other improper exercise of police powers and privileges

 

(1)    

A police constable commits an offence if he or she—

 

(a)    

exercises the powers and privileges of a constable improperly, and

 

(b)    

knows or ought to know that the exercise is improper.

 

(2)    

A police constable guilty of an offence under this section is liable, on conviction

 

on indictment, to imprisonment for a term not exceeding 14 years or a fine (or

 

both).

 

(3)    

“Police constable” means—

 

(a)    

a constable of a police force;

 

(b)    

a special constable for a police area;

 

(c)    

a constable or special constable of the British Transport Police Force;

 

(d)    

a constable of the Civil Nuclear Constabulary;

 

(e)    

a constable of the Ministry of Defence Police;

 

(f)    

a National Crime Agency officer designated by the Director General of

 

the National Crime Agency as having the powers and privileges of a

 

constable.


 
 

Notices of Amendments: 10 June 2014                     

66

 

Criminal Justice and Courts Bill, continued

 
 

(4)    

For the purposes of this section, a police constable exercises the powers and

 

privileges of a constable improperly if—

 

(a)    

he or she exercises a power or privilege of a constable for the purpose of

 

achieving—

 

(i)    

a benefit for himself or herself, or

 

(ii)    

a benefit or a detriment for another person, and

 

(b)    

a reasonable person would not expect the power or privilege to be

 

exercised for the purpose of achieving that benefit or detriment.

 

(5)    

For the purposes of this section, a police constable is to be treated as exercising

 

the powers and privileges of a constable improperly in the cases described in

 

subsections (6) and (7).

 

(6)    

The first case is where—

 

(a)    

the police constable fails to exercise a power or privilege of a constable,

 

(b)    

the purpose of the failure is to achieve a benefit or detriment described in

 

subsection (4)(a), and

 

(c)    

a reasonable person would not expect a constable to fail to exercise the

 

power or privilege for the purpose of achieving that benefit or detriment.

 

(7)    

The second case is where—

 

(a)    

the police constable threatens to exercise, or not to exercise, a power or

 

privilege of a constable,

 

(b)    

the threat is made for the purpose of achieving a benefit or detriment

 

described in subsection (4)(a), and

 

(c)    

a reasonable person would not expect a constable to threaten to exercise,

 

or not to exercise, the power or privilege for the purpose of achieving that

 

benefit or detriment.

 

(8)    

An offence is committed under this section if the act or omission in question takes

 

place in England and Wales or in the adjacent United Kingdom waters.

 

(9)    

In this section—

 

“benefit” and “detriment” mean any benefit or detriment, whether or not in

 

money or other property and whether temporary or permanent;

 

“United Kingdom waters” means the sea and other waters within the

 

seaward limits of the United Kingdom’s territorial sea.

 

(10)    

References in this section to exercising, or not exercising, the powers and

 

privileges of a constable include performing, or not performing, the duties of a

 

constable.

 

(11)    

Nothing in this section affects what constitutes the offence of misconduct in

 

public office at common law.”

 

Member’s explanatory statement

 

This new Clause makes it an offence for a police officer and certain other persons to exercise the

 

powers and privileges of a constable in a way which is corrupt or otherwise improper. It

 

supplements the existing common law offence of misconduct in public office

 

Secretary Chris Grayling

 

45

 

Clause  66,  page  63,  line  18,  at end insert—

 

“( )    

section (Corrupt or other improper exercise of police powers and

 

privileges);”

 

Member’s explanatory statement

 

This amendment provides for new Clause 44 to extend to England and Wales only.


 
 

Notices of Amendments: 10 June 2014                     

67

 

Criminal Justice and Courts Bill, continued

 
 

Secretary Chris Grayling

 

46

 

Title,  line  2,  after “conviction;” insert “to create an offence of the corrupt or other

 

improper exercise of police powers and privileges;”

 

Secretary Chris Grayling

 

NC45

 

To move the following Clause—

 

“Ill-treatment or wilful neglect: care worker offence

 

(12)    

It is an offence for an individual who has the care of another individual by virtue

 

of being a care worker to ill-treat or wilfully to neglect that individual.

 

(13)    

An individual guilty of an offence under this section is liable—

 

(a)    

on conviction on indictment, to imprisonment for a term not exceeding 5

 

years or a fine (or both);

 

(b)    

on summary conviction, to imprisonment for a term not exceeding 12

 

months or a fine (or both).

 

(14)    

“Care worker” means an individual who, as paid work, provides—

 

(a)    

health care for an adult or child, other than excluded health care, or

 

(b)    

social care for an adult,

 

    

including an individual who, as paid work, supervises or manages individuals

 

providing such care or is a director or similar officer of an organisation which

 

provides such care.

 

(15)    

An individual does something as “paid work” if he or she receives or is entitled

 

to payment for doing it other than—

 

(a)    

payment in respect of the individual’s reasonable expenses,

 

(b)    

payment to which the individual is entitled as a foster parent,

 

(c)    

a benefit under social security legislation, or

 

(d)    

a payment made under arrangements under section 2 of the Employment

 

and Training Act 1973 (arrangements to assist people to select, train for,

 

obtain and retain employment).

 

(16)    

“Health care” includes—

 

(a)    

all forms of health care provided for individuals, including health care

 

relating to physical health or mental health and health care provided for

 

or in connection with the protection or improvement of public health, and

 

(b)    

procedures that are similar to forms of medical or surgical care but are

 

not provided in connection with a medical condition,

 

    

and “excluded health care” has the meaning given in Schedule (Ill-treatment or

 

wilful neglect: excluded health care).

 

(17)    

“Social care” includes all forms of personal care and other practical assistance

 

provided for individuals who are in need of such care or assistance by reason of

 

age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs or

 

any other similar circumstances.

 

(18)    

References in this section to a person providing health care or social care do not

 

include a person whose provision of such care is merely incidental to the carrying

 

out of other activities by the person.

 

(19)    

In this section—

 

“adult” means an individual aged 18 or over;

 

“child” means an individual aged under 18;

 

“foster parent” means—


 
 

Notices of Amendments: 10 June 2014                     

68

 

Criminal Justice and Courts Bill, continued

 
 

(a)    

a local authority foster parent within the meaning of the Children

 

Act 1989,

 

(b)    

a person with whom a child has been placed by a voluntary

 

organisation under section 59(1)(a) of that Act, or

 

(c)    

a private foster parent within the meaning of section 53 of the

 

Safeguarding Vulnerable Groups Act 2006.

 

(20)    

In relation to an offence committed before section 154(1) of the Criminal Justice

 

Act 2003 comes into force, the reference in subsection (2)(b) to 12 months is to

 

be read as a reference to 6 months.

 

(21)    

In relation to an offence committed before section 85 of the Legal Aid,

 

Sentencing and Punishment of Offenders Act 2012 comes into force, the

 

reference in subsection (2)(b) to a fine is to be read as a reference to a fine not

 

exceeding the statutory maximum.”

 

Member’s explanatory statement

 

This establishes a criminal offence of ill-treatment or wilful neglect of an individual by a care

 

worker who is paid to provide the individual with health care, other than excluded health care (see

 

new Schedule 2), or adult social care. It sets out the penalties on conviction for the new offence.

 

Secretary Chris Grayling

 

NC46

 

To move the following Clause—

 

“Ill-treatment or wilful neglect: care provider offence

 

(22)    

A care provider commits an offence if—

 

(a)    

an individual who has the care of another individual by virtue of being

 

part of the care provider’s arrangements ill-treats or wilfully neglects that

 

individual,

 

(b)    

the care provider’s activities are managed or organised in a way which

 

amounts to a gross breach of a relevant duty of care owed by the care

 

provider to the individual who is ill-treated or neglected, and

 

(c)    

in the absence of the breach, the ill-treatment or wilful neglect would not

 

have occurred or would have been less likely to occur.

 

(23)    

“Care provider” means—

 

(a)    

a body corporate or unincorporated association which provides or

 

arranges for the provision of—

 

(i)    

health care for an adult or child, other than excluded health care,

 

or

 

(ii)    

social care for an adult, or

 

(b)    

an individual who provides such care and employs, or has otherwise

 

made arrangements with, other persons to assist him or her in providing

 

such care,

 

    

subject to section (Ill-treatment or wilful neglect: excluded care providers).

 

(24)    

An individual is “part of a care provider’s arrangements” where the individual—

 

(a)    

is not the care provider, but

 

(b)    

provides health care or social care as part of health care or social care

 

provided or arranged for by the care provider,

 

    

including where the individual is not the care provider but supervises or manages

 

individuals providing health care or social care as described in paragraph (b) or is

 

a director or similar officer of an organisation which provides health care or social

 

care as described there.

 

(25)    

A “relevant duty of care” means—

 

(a)    

a duty owed under the law of negligence, or


 
 

Notices of Amendments: 10 June 2014                     

69

 

Criminal Justice and Courts Bill, continued

 
 

(b)    

a duty that would be owed under the law of negligence but for a provision

 

contained in an Act, or an instrument made under an Act, under which

 

liability is imposed in place of liability under that law,

 

    

but only to the extent that the duty is owed in connection with providing, or

 

arranging for the provision of, health care or social care.

 

(26)    

For the purposes of this section, there is to be disregarded any rule of the common

 

law that has the effect of—

 

(a)    

preventing a duty of care from being owed by one person to another by

 

reason of the fact that they are jointly engaged in unlawful conduct, or

 

(b)    

preventing a duty of care being owed to a person by reason of that

 

person’s acceptance of a risk of harm.

 

(27)    

A breach of a duty of care by a care provider is a “gross” breach if the conduct

 

alleged to amount to the breach falls far below what can reasonably be expected

 

of the care provider in the circumstances.

 

(28)    

In this section—

 

(a)    

references to a person providing health care or social care do not include

 

a person whose provision of such care is merely incidental to the carrying

 

out of other activities by the person, and

 

(b)    

references to a person arranging for the provision of such care do not

 

include a person who makes arrangements under which the provision of

 

such care is merely incidental to the carrying out of other activities.

 

(29)    

References in this section to providing or arranging for the provision of health

 

care or social care do not include making payments under—

 

(a)    

regulations under section 57 of the Health and Social Care Act 2001

 

(direct payments for community services and carers);

 

(b)    

section 12A of the National Health Act 2006 (direct payments for health

 

care);

 

(c)    

section 31 or 32 of the Care Act 2014 (direct payments for care and

 

support);

 

(d)    

regulations under section 50 of the Social Services and Well-being

 

(Wales) Act 2014 (anaw 4) (direct payments to meet an adult’s needs).

 

(30)    

In this section—

 

“Act” includes an Act or Measure of the National Assembly for Wales;

 

“adult”, “child”, “excluded health care”, “health care” and “social care”

 

have the same meaning as in section (Ill-treatment or wilful neglect: care

 

worker offence).”

 

Member’s explanatory statement

 

This establishes a criminal offence committed by care providers, i.e. bodies and certain individuals

 

that provide or arrange for the provision of health care, other than excluded health care (see new

 

Schedule 2), or adult social care. It applies where ill-treatment or wilful neglect of an individual

 

has followed a gross breach of a duty of care by the care provider.

 

Secretary Chris Grayling

 

NC47

 

To move the following Clause—

 

“Ill-treatment or wilful neglect: excluded care providers

 

(31)    

A local authority in England is not a care provider for the purposes of section (Ill-

 

treatment or wilful neglect: care provider offence) to the extent that it carries out

 

functions to which Chapter 4 of Part 8 of the Education and Inspections Act 2006

 

applies.

 

(32)    

Where a body corporate has entered into arrangements with a local authority in

 

England under Part 1 of the Children and Young Persons Act 2008 (social work


 
 

Notices of Amendments: 10 June 2014                     

70

 

Criminal Justice and Courts Bill, continued

 
 

services for children and young persons), the body is not a care provider for the

 

purposes of section (Ill-treatment or wilful neglect: care provider offence) to the

 

extent that it carries out relevant care functions of that authority (as defined in that

 

Part of that Act) under those arrangements.

 

(33)    

A local authority in Wales is not a care provider for the purposes of section (Ill-

 

treatment or wilful neglect: care provider offence) to the extent that it—

 

(a)    

carries out functions under Part 2 of the Childcare Act 2006;

 

(b)    

carries out the education functions of the authority (as defined in section

 

579(1) of the Education Act 1996);

 

(c)    

carries out the social services functions of the authority (as defined in the

 

Local Authority Social Services Act 1970), so far as relating to a child.

 

(34)    

In this section, “local authority” means—

 

(a)    

in England, a county council, a metropolitan district council, a non-

 

metropolitan district council for an area for which there is no county

 

council, a London borough council, the Council of the Isles of Scilly and

 

(in its capacity as a local authority) the Common Council of the City of

 

London, and

 

(b)    

in Wales, a county council or a county borough council.

 

(35)    

In this section, “child” has the same meaning as in section (Ill-treatment or wilful

 

neglect: care worker offence).”

 

Member’s explanatory statement

 

This excludes from the scope of the offence in new clause 46, relating to care providers, local

 

authorities when carrying out their wider children‘s services functions and other organisations

 

when carrying out those functions on a local authority‘s behalf.

 

Secretary Chris Grayling

 

NC48

 

To move the following Clause—

 

“Care provider offence: penalties

 

(36)    

A person guilty of an offence under section (Ill-treatment or wilful neglect: care

 

provider offence) is liable, on conviction on indictment or summary conviction,

 

to a fine.

 

(37)    

A court before which a person is convicted of an offence under section (Ill-

 

treatment or wilful neglect: care provider offence) may make either or both of the

 

following orders—

 

(a)    

a remedial order;

 

(b)    

a publicity order;

 

    

(whether instead of or as well as imposing a fine).

 

(38)    

A “remedial order” is an order requiring the person to take specified steps to

 

remedy one or more of the following—

 

(a)    

the breach mentioned in section (Ill-treatment or wilful neglect: care

 

provider offence)(1)(b) (“the relevant breach”);

 

(b)    

any matter that appears to the court to have resulted from the relevant

 

breach and to be connected with the ill-treatment or neglect;

 

(c)    

any deficiency in the person’s policies, systems or practices of which the

 

relevant breach appears to the court to be an indication.

 

(39)    

A “publicity order” is an order requiring the person to publicise in a specified

 

manner—

 

(a)    

the fact that the person has been convicted of the offence;

 

(b)    

specified particulars of the offence;

 

(c)    

the amount of any fine imposed;


 
 

Notices of Amendments: 10 June 2014                     

71

 

Criminal Justice and Courts Bill, continued

 
 

(d)    

the terms of any remedial order made.

 

(40)    

A remedial order—

 

(a)    

may be made only on an application by the prosecution which specifies

 

the terms of the proposed order,

 

(b)    

must be made on such terms as the court considers appropriate having

 

regard to any representations made, and any evidence adduced, in

 

relation to its terms by the prosecution or by or on behalf of the person

 

convicted, and

 

(c)    

must specify a period within which the steps specified in the order must

 

be taken.

 

(41)    

A publicity order must specify a period within which the requirements specified

 

in the order must be complied with.

 

(42)    

A person who fails to comply with a remedial order or a publicity order commits

 

an offence and is liable, on conviction on indictment or summary conviction, to

 

a fine.

 

(43)    

In relation to an offence committed before section 85 of the Legal Aid,

 

Sentencing and Punishment of Offenders Act 2012 comes into force, subsections

 

(1) and (7) have effect as if they provided for a fine on summary conviction not

 

exceeding the statutory maximum.”

 

Member’s explanatory statement

 

This sets out the penalties available following conviction of the offence in new clause 46 relating

 

to care providers. Courts will have powers to impose fines or to make remedial or publicity orders

 

(or any combination of those options).

 

Secretary Chris Grayling

 

NC49

 

To move the following Clause—

 

“Care provider offence: application to unincorporated associations

 

(44)    

For the purposes of sections (Ill-treatment or wilful neglect: care provider

 

offence) and (Care provider offence: penalties), an unincorporated association is

 

to be treated as owing whatever duties of care it would owe if it were a body

 

corporate.

 

(45)    

Proceedings for an offence under those sections alleged to have been committed

 

by an unincorporated association must be brought in the name of the association

 

(and not in that of any of its members).

 

(46)    

In relation to such proceedings, rules of court relating to the service of documents

 

have effect as if the unincorporated association were a body corporate.

 

(47)    

In proceedings under section (Ill-treatment or wilful neglect: care provider

 

offence) or (Care provider offence: penalties) brought against an unincorporated

 

association, the following apply as they apply in relation to a body corporate—

 

(a)    

section 33 of the Criminal Justice Act 1925 (procedure on charge of

 

offence against corporation);

 

(b)    

Schedule 3 to the Magistrates’ Courts Act 1980 (provision about

 

corporation charged with offence before a magistrates’ court).

 

(48)    

A fine imposed on an unincorporated association on its conviction of an offence

 

under section (Ill-treatment or wilful neglect: care provider offence) or (Care

 

provider offence: penalties) is to be paid out of the funds of the association.”

 

Member’s explanatory statement

 

This sets out how the new criminal offence in new clause 46 relating to care providers is to be

 

applied in relation to unincorporated associations, including partnerships.


 
contents continue
 

© Parliamentary copyright
Revised 11 June 2014