Session 2014 - 15
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Other Bills before Parliament


 
 

3

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Wednesday 7 January 2015

 

For other Amendment(s) see the following page(s):

 

Serious Crime Bill [Lords] Committee 1-2

 

Public Bill Committee


 

Serious Crime Bill [Lords]


 

Mr Elfyn Llwyd

 

NC3

 

To move the following Clause

 

         

“Offences of coercive control and domestic violence

 

(1)    

Any person who commits an act of or engages in a course of conduct that amounts

 

to coercive control in a domestic setting shall be guilty of an offence.

 

(2)    

A person guilty of an offence under this section is liable—

 

(a)    

on summary conviction to a community order or imprisonment for a term

 

not exceeding 12 months or a fine not exceeding level 5 on the standard

 

scale; or

 

(b)    

on conviction on indictment to a community order or term of

 

imprisonment not exceeding 14 years or a fine not exceeding the

 

statutory maximum.

 

(3)    

The Secretary of State shall by regulations—

 

(a)    

set out matters that the court must take into account when determining

 

whether to refer the matter to the Crown Court;

 

(b)    

require a court, local authority or other public body not to disclose the

 

current address or postcode of the victim of an alleged offence under

 

subsection (1) if, in the court’s view, it would place the victim at risk of

 

harm by the alleged perpetrator or any other person;

 

(c)    

provide the court with the power to require those convicted of an offence

 

under subsection (1) to successfully complete a domestic violence

 

programme and/or another appropriate counselling programme as

 

ordered by the court; and

 

(d)    

provide the court with the power to issue domestic violence orders under

 

section 28 of the Crime and Security Act 2010 to those convicted of an

 

offence under subsection (1).


 
 

Notices of Amendments:                               

4

 

, continued

 
 

(4)    

Regulations under this section shall be made by statutory instrument and may not

 

be made unless a copy has been laid in draft before, and approved by, both Houses

 

of Parliament.”

 

Mr Elfyn Llwyd

 

NC4

 

To move the following Clause

 

         

“Prosecution of offences of coercive control

 

(1)    

The prosecution of any person under the terms of New Clause [Offences of

 

coercive control and domestic violence] shall not be the subject of statutory time

 

limits.”

 

Mr Elfyn Llwyd

 

NC5

 

To move the following Clause

 

         

“Definition of domestic violence

 

(1)    

For the purposes of this Act, “Domestic Violence” means—

 

(a)    

controlling, coercive or threatening behaviour;

 

(b)    

physical violence; or

 

(c)    

abuse, including but not limited to, psychological, physical, sexual,

 

financial or emotional abuse between those aged 16 or over who are or

 

have been intimate partners or family members regardless of gender or

 

sexuality.

 

(2)    

For the purposes of the definition in subsection (1)—

 

“coercive controlling behaviour” shall mean a course of conduct, knowingly

 

undertaken, making a person subordinate and/or dependent by isolating

 

them from sources of support, exploiting their resources and capacities

 

for personal gain, depriving them of the means needed for independence,

 

resistance and escape and regulating their everyday behaviour.

 

“coercive or threatening behaviour” means a course of conduct that

 

knowingly causes the victim or their child or children to—

 

(a)    

fear that physical violence will be used against them;

 

(b)    

experience serious alarm or distress which has a substantial

 

adverse effect on the victim’s day-to-day activities.

 

(3)    

For the purposes of subsection (2) a person shall be deemed to have undertaken a

 

course of conduct knowingly if a reasonable person in possession of the same

 

information would conclude that the individual ought to have known that their

 

course of conduct would have the effect in subsection 2(a) or (b).”

 

Mr Elfyn Llwyd

 

NC6

 

To move the following Clause

 

         

“Domestic violence: policies, standards and training

 

(1)    

The Secretary of State shall require every police service in England, Wales and

 

Northern Ireland to develop, adopt, publish and implement written policies and

 

standards for officers’ responses to coercive control and domestic violence

 

incidents within one year of this Act coming into force.


 
 

Notices of Amendments:                               

5

 

, continued

 
 

(2)    

The purpose of the policies required under subsection (1) shall be to ensure that

 

police forces prioritise cases of domestic violence involving coercive control as

 

serious criminal offences.

 

(3)    

The purpose of the standards required under subsection (2) shall be to ensure—

 

(a)    

a minimum level of information and support for victims of alleged

 

domestic violence; and

 

(b)    

all police officers involved in domestic violence cases shall have had

 

appropriate training in domestic violence behaviours.

 

(4)    

In developing these policies and standards each police service shall consult with

 

local domestic violence experts and agencies.”

 


 
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Revised 8 January 2015