Session 2014 - 15
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Other Bills before Parliament


 
 

Consideration of Bill: 17 June 2014                     

126

 

Criminal Justice and Courts Bill, continued

 
 

“29A  

Persons under 11 years of age to give evidence through intermediaries

 

(1)    

Where a victim or witnesses under 11 years of age is required to testify

 

in court proceedings the court must, through a special measures direction,

 

provide for any examination of the witness to be conducted through an

 

intermediary as defined under section (29).

 

(2)    

A person must not act as an intermediary under subsection (1) except

 

after—

 

(a)    

undertaking screening to be provided by the Disclosure and

 

Barring Service;

 

(b)    

making a declaration, in such form as may be prescribed by the

 

rules of court, that he will faithfully perform his function as an

 

intermediary.

 

(c)    

providing evidence to the court of relevant accredited training,

 

qualifications and experience.”.”

 


 

Mr Robert Buckland

 

NC16

 

To move the following Clause—

 

“Civil proceedings for cases of aggravated trespass

 

(1)    

The Criminal Justice and Public Order Act 1994 is amended as follows.

 

(2)    

In section 68, after subsection (5) insert—

 

“(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.

 


 

Helen Goodman

 

Dan Jarvis

 

Diana Johnson

 

Mr Andy Slaughter

 

NC18

 

To move the following Clause—

 

“Definition of a foreign pornographic service

 

(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;


 
 

Consideration of Bill: 17 June 2014                     

127

 

Criminal Justice and Courts Bill, continued

 
 

(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.”

 


 

Helen Goodman

 

Dan Jarvis

 

Diana Johnson

 

Mr Andy Slaughter

 

NC19

 

To move the following Clause—

 

“Licensing of foreign pornographic services

 

(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


 
 

Consideration of Bill: 17 June 2014                     

128

 

Criminal Justice and Courts Bill, continued

 
 

(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.”

 


 

Helen Goodman

 

Dan Jarvis

 

Diana Johnson

 

Mr Andy Slaughter

 

NC20

 

To move the following Clause—

 

“Parliamentary procedure for designation

 

(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.”

 



 
 

Consideration of Bill: 17 June 2014                     

129

 

Criminal Justice and Courts Bill, continued

 
 

Helen Goodman

 

Dan Jarvis

 

Diana Johnson

 

Mr Andy Slaughter

 

NC21

 

To move the following Clause—

 

“Penalties

 

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.”

 


 

Philip Davies

 

Mr David Nuttall

 

NC23

 

To move the following Clause—

 

“Unduly lenient sentences: time limit

 

(1)    

The Criminal Justice Act 1988 is amended as follows.

 

(2)    

In Schedule 3, paragraph 1, after “within” leave out “28” and insert “42”.”

 


 

Philip Davies

 

Mr David Nuttall

 

NC24

 

To move the following Clause—

 

“Unduly lenient sentences: time limit (No. 2)

 

(1)    

The Criminal Justice Act 1988 is amended as follows.

 

(2)    

In Schedule 3, paragraph 1, after “within” leave out “28” and insert “56”.”

 


 

Philip Davies

 

Mr David Nuttall

 

NC25

 

To move the following Clause—

 

“Unduly lenient sentences: time limit (No. 3)

 

(1)    

The Criminal Justice Act 1988 is amended as follows.


 
 

Consideration of Bill: 17 June 2014                     

130

 

Criminal Justice and Courts Bill, continued

 
 

(2)    

In Schedule 3, paragraph 1, after “within” leave out “28” and insert “70”.”

 


 

Philip Davies

 

Mr David Nuttall

 

NC26

 

To move the following Clause—

 

“Unduly lenient sentences: time limit (No. 4)

 

(1)    

The Criminal Justice Act 1988 is amended as follows.

 

(2)    

In Schedule 3, paragraph 1, leave out “28” and insert “90”.”

 


 

Philip Davies

 

Mr David Nuttall

 

NC27

 

To move the following Clause—

 

“Raising the retirement age for JPs to 75

 

(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”.”

 


 

Philip Davies

 

Mr David Nuttall

 

NC28

 

To move the following Clause—

 

“Raising the retirement age for judges to 75

 

(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”.”

 



 
 

Consideration of Bill: 17 June 2014                     

131

 

Criminal Justice and Courts Bill, continued

 
 

Philip Davies

 

Mr David Nuttall

 

NC30

 

To move the following Clause—

 

“Increasing magistrates’ sentencing powers to 12 months for one offence

 

(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.”

 


 

Philip Davies

 

Mr David Nuttall

 

NC32

 

To move the following Clause—

 

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

 

‘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.”

 


 

Philip Davies

 

Mr David Nuttall

 

NC33

 

To move the following Clause—

 

“Sentencing escalator

 

(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.”

 



 
 

Consideration of Bill: 17 June 2014                     

132

 

Criminal Justice and Courts Bill, continued

 
 

Philip Davies

 

Mr David Nuttall

 

NC34

 

To move the following Clause—

 

“Criminalising commercial squatting and squatting on land

 

(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”.

 

(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”.”

 


 

Philip Davies

 

Mr David Nuttall

 

NC35

 

To move the following Clause—

 

“New form of joint enterprise offence

 

(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”.”

 


 

Philip Davies

 

Mr David Nuttall

 

NC36

 

To move the following Clause—

 

“Intentional harassment, alarm or distress

 

(1)    

Section 4A of the Public Order Act 1986 is amended as follows.


 
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Revised 17 June 2014