House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Notices of Amendments:
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(d)
A knows or ought to know that the behaviour will have a serious effect

on B.

(2)
A and B are “personally connected” if—

(a)
A is in an intimate personal relationship with B, or

(b)
A and B live together and—

(i)
they are members of the same family, or

(ii)
they have previously been in an intimate personal relationship

with each other.

(3)
But A does not commit an offence under this section if at the time of the

behaviour in question—

(a)
A has responsibility for B, for the purposes of Part 1 of the Children and

Young Persons Act 1933 (see section 17 of that Act), and

(b)
B is under 16.

(4)
A’s behaviour has a “serious effect” on B if—

(a)
it causes B to fear, on at least two occasions, that violence will be used

against B, or

(b)
it causes B serious alarm or distress which has a substantial adverse effect

on B’s usual day-to-day activities.

(5)
For the purposes of subsection (1)(d) A “ought to know” that which a reasonable

person in possession of the same information would know.

(6)
For the purposes of subsection (2)(b)(i) A and B are members of the same family

if—

(a)
they are, or have been, married to each other;

(b)
they are, or have been, civil partners of each other;

(c)
they are relatives;

(d)
they have agreed to marry one another (whether or not the agreement has

been terminated);

(e)
they have entered into a civil partnership agreement (whether or not the

agreement has been terminated);

(f)
they are both parents of the same child;

(g)
they have, or have had, parental responsibility for the same child.

(7)
In subsection (6)—

“civil partnership agreement” has the meaning given by section 73 of the

Civil Partnership Act 2004;

“child” means a person under the age of 18 years;

“parental responsibility” has the same meaning as in the Children Act 1989;

“relative” has the meaning given by section 63(1) of the Family Law Act

1996.

(8)
In proceedings for an offence under this section it is a defence for A to show

that—

(a)
in engaging in the behaviour in question, A believed that he or she was

acting in B’s best interests, and

(b)
the behaviour was in all the circumstances reasonable.

(9)
A is to be taken to have shown the facts mentioned in subsection (8) if—

(a)
sufficient evidence of the facts is adduced to raise an issue with respect

to them, and

(b)
the contrary is not proved beyond reasonable doubt.

(10)
The defence in subsection (8) is not available to A in relation to behaviour that

causes B to fear that violence will be used against B.

(11)
A person guilty of an offence under this section is liable—

Notices of Amendments:
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(a)
on conviction on indictment, to imprisonment for a term not exceeding

five years, or a fine, or both;

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

months, or a fine, or both.”

Member’s explanatory statement

This New Clause provides for a new offence criminalising controlling or coercive behaviour in an

intimate or family relationship. The new offence would be triable either way with a maximum

penalty (on conviction on indictment) of five years’ imprisonment.

Karen Bradley

NC10

To move the following Clause—


“Guidance

(1)
The Secretary of State may issue guidance about the investigation of offences

under section (Controlling or coercive behaviour in an intimate or family

relationship) to whatever persons the Secretary of State considers appropriate.

(2)
The Secretary of State may revise any guidance issued under this section.

(3)
The Secretary of State must arrange for any guidance issued or revised under this

section to be published.”

Member’s explanatory statement

This New Clause confers a power on the Secretary of State to issue guidance about the

investigation of offences under New Clause (NC9) [Controlling or coercive behaviour in an

intimate or family relationship].

Karen Bradley

NC11

To move the following Clause—


“Prevention or restriction of use of communication devices by prisoners etc

(1)
Regulations may make provision conferring power on a court to make a

telecommunications restriction order.

(2)
“Telecommunications restriction order” means an order requiring a

communications provider to take whatever action the order specifies for the

purpose of preventing or restricting the use of communication devices by persons

detained in custodial institutions.

(3)
Regulations under this section must—

(a)
specify who may apply for telecommunications restriction orders;

(b)
make provision about giving notice of applications;

(c)
make provision conferring rights on persons to make representations;

(d)
specify the matters about which the court must be satisfied if it is to make

an order;

(e)
make provision about the duration of orders (which may include

provision for orders of indefinite duration);

(f)
make provision about variation (including extension) and discharge of

orders;

(g)
make provision about appeals.

(4)
Regulations under this section may—

(a)
make provision for a telecommunications restriction order to specify that

a requirement of the order is not to apply in particular circumstances;

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(b)
make provision authorising a court to include in an order a requirement

for the person applying for the order to pay any or all of the costs of

complying with it;

(c)
make provision about time limits for complying with orders;

(d)
make provision about enforcement of orders (which may include

provision creating offences);

(e)
make provision about costs (or, in Scotland, expenses) in respect of legal

proceedings;

(f)
make different provision for different purposes;

(g)
make incidental, consequential, supplementary or transitional provision,

including provision applying any enactment (with or without

modifications).

(5)
The power to make regulations under this section is exercisable—

(a)
in relation to England and Wales, by statutory instrument made by the

Secretary of State;

(b)
in relation to Scotland, by the Scottish Ministers.

(6)
A statutory instrument (other than a Scottish statutory instrument) containing

regulations under this section is not to be made unless a draft of the instrument

has been laid before, and approved by a resolution of, each House of Parliament.

(7)
Regulations made by the Scottish Ministers under this section are subject to the

affirmative procedure.

(8)
In this section—

“communication device” means an item specified in section 1(3) of the

Prisons (Interference with Wireless Telegraphy) Act 2012 (mobile

telephones etc);

“communications provider” means a person providing a service that

consists in the provision of access to, and of facilities for making use of,

any telecommunication system (whether or not one provided by that

person);

“court” means—

(a)
in relation to England and Wales, the county court;

(b)
in relation to Scotland, the sheriff;

“custodial institution” means—

(c)
in relation to England and Wales, a prison, young offender

institution, secure training centre or secure college;

(d)
in relation to Scotland, a prison or young offenders institution;

“enactment” includes—

(e)
an enactment contained in subordinate legislation within the

meaning of the Interpretation Act 1978;

(f)
an enactment contained in, or in an instrument made under, an

Act of the Scottish Parliament;

“telecommunication system” means any system (including the apparatus

comprised in it) that exists (whether wholly or partly in the United

Kingdom or elsewhere) for the purpose of facilitating the transmission of

communications by any means involving the use of electrical or electro-

magnetic energy.”

Member’s explanatory statement

This New Cause enables the Secretary of State and the Scottish Ministers to make regulations,

subject to the affirmative procedure, conferring power on the civil courts to make an order

requiring a communications provider to take action to prevent or restrict the use of unauthorised

mobile telephones etc by prisoners.

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Karen Bradley

Title,  line  8,  after “children;” insert “to create an offence of communicating sexually with

a child;”

Karen Bradley

Title,  line  8,  after “children;” insert “to create an offence in relation to controlling or

coercive behaviour in intimate or family relationships;”

Karen Bradley

Title,  line  9,  after “prison;” insert “to make provision for the prevention or restriction of

the use of communication devices by persons detained in custodial institutions;”

Jack Dromey

Mr Steve Reed

Seema Malhotra

Clause  10,  page  10,  line  40,  at end add—

“(3A)
The Secretary of State shall, within 18 months of this Act receiving Royal Assent,

commision a study of—

(a)
the effectiveness and impact of the ending of early release for fine

defaulters owing in excess of £10 million, and

(b)
the potential costs and benefits of extending the policy to those who owe

less.

(3B)
The Secretary of State shall require this study to report within 12 months and shall

lay a copy of any report arising before each House of Parliament.”.

Jack Dromey

Mr Steve Reed

Seema Malhotra

Clause  4,  page  5,  line  5,  at and add—

“(2)
In this section, a “reasonable opportunity” shall be interpreted as no more than a

period of 21 days from the date of notice given by the court arising from the duty

in subsection (8A).”.

Jack Dromey

Mr Steve Reed

Seema Malhotra

Clause  7,  page  7,  line  39,  at and insert—

“(6A)
Where the Supreme Court makes an order under subsection (6)(b) that gives rise

to the award of costs to the appellant, such an award shall be calculated using the

currently applicable legal aid rates.”.

Jack Dromey

Mr Steve Reed

Seema Malhotra

Clause  2,  page  3,  line  22,  at and insert—

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“(4A)
An interested person who is found by the court to have provided incomplete or

false information in a deliberate attempt to mislead the court is guilty of an

offence and is liable on conviction of indictment, to imprisonment for a term not

exceeding 6 months, or to a fine, or to both.”.

Jack Dromey

Mr Steve Reed

Seema Malhotra

nc12

To move the following Clause—


“Proceeds of crime located overseas

(1)
The Secretary of State shall commission a study of the effectiveness of the

methods used by UK authorities and agencies to recover the proceeds of crime

from overseas.

(2)
The study mentioned in subsection (1) shall consider—

(a)
the legal, financial and economic relationships, with particular reference

to existing treaties and agreements, between the UK and those countries

in which assets identified for recovery are located, and

(b)
the statutory powers, and levels of resources available to UK authorities

and agencies to enable an assessment of the degree to which such asset

recovery is efficient, effective and economic.

(3)
The Secretary of State shall require this study to report within 12 months of Royal

Assent to this Act and shall lay a copy of any report arising before each House of

Parliament.”.

Jack Dromey

Mr Steve Reed

Seema Malhotra

Clause  40,  page  35,  line  36,  at and insert—

“(4)
Internet service providers must take all reasonable steps to notify a customer of

an unlawful attempt to compromise his or her internet-connected device.

(5)
In this section “internet service provider” has the same meaning as in section

124N of the Communications Act 2003 (interpretation).”.

Jack Dromey

Mr Steve Reed

Seema Malhotra

nc13

To move the following Clause—


“Annual reports: cyber-crime strategy

The Police Reform and Social Responsibility Act 2011 is amended as follows—

In section 12 (Annual reports), at end insert—

“(8)
A report under this section must include details of the policing body’s

strategy for reducing cyber-crime and progress or performance against

any targets or equivalent metrics contained therein.””.

Notices of Amendments:
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Jack Dromey

Mr Steve Reed

Seema Malhotra

nc14

To move the following Clause—


“Internet service provider duty (protection of children)

(1)
Internet service providers which provide internet storage facilities to their users

such as, but not limited to, cloud content storage, must seek to ensure their service

is not used to store, transmit or display indecent images of children, contrary to

section 1 of the Protection of Children Act 1978 (indecent photographs of

children).

(2)
Where it is evident to an internet service provider that their services or network

is being misused as set out in subsection (1), they must take all reasonable steps

to mitigate, reduce, eliminate or otherwise disrupt such misuse and restrict access

to such images.

(3)
In this section, “internet service provider” has the same meaning as in section

124N of the Communication Act 2003 (interpretation).”.

Mr Elfyn Llwyd

NC16

To move the following Clause—


“Offence of abuduction of child by other person

In the Child Abuduction Act 1984, in section 2(1) (offence of abduction of child

by other person), for “sixteen” substitute “eighteen”.”

Mr Elfyn Llwyd

NC17

To move the following Clause—


“Duty on internet service providers to mitigate against stalking

(1)
Internet service providers must take steps to monitor the extent to which the

services they provide might be used by individuals to harass third parties by

means of stalking, as define in section 2A(3) of the Protection from Harassment

Act 1997.

(2)
Where an internet service provider considers that there is a material risk that their

network or other facilities could be misused as set out in subsection (1), they must

take such reasonable steps as might mitigate, reduce, eliminate or otherwise

disrupt said behaviour.

(3)
In this section, “internet service provider” has the same meaning as in section

124N of the Communication Act 2003 (interpretation).”

Mr Elfyn Llwyd

NC18

To move the following Clause—


“Child cruelty: duty on police officers to liaise

(1)
Where an officer is investigating a potential offence under section 1 of the

Children and Young Persons Act 1933 (cruelty to persons under 16), as amended

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by section 62 of this Act, he or she must notify the Safeguarding Children and

Adults Board of the relevant local authority.

(2)
A notification must include details of the child or children who are considered to

be the victims of the offence.

(3)
The Secretary of State may produce further guidance on the form a notification

under this section may take.”

Mr Elfyn Llwyd

NC19

To move the following Clause—


“Child cruelty: duty on local authorities to liaise

(1)
Where a local authority’s Safeguarding Children and Adults Board (“the Board”)

is notified of the investigation of an offence under section (Child cruelty: duty on

police officers to liaise) the Board must—

(a)
facilitate liaison between relevant officials with an interest in the child or

children’s well-being, and

(b)
refer the case to Children and Adolescents Mental Health Services.

(2)
The Secretary of State may, by regulations, define the meaning of “relevant

officials” in subsection (1).

(3)
Regulations under subsection (2) must include within the meaning of “relevant

officials”—

(a)
the child’s school,

(b)
social services, and

(c)
the police.”

Mr Elfyn Llwyd

Clause  7,  page  7,  line  41,  at end insert—

“13C
Use of assets arising from the proceeds of crime for investigating, prosecuting

or enforcement authorities

Any proceeds of crime in the form of assets arising from the operation of Part 1

of this Act shall be used for the benefit of investigating, prosecuting and

enforcement authorities for reinvestment in the communities and neighbourhoods

affected by the relevant criminal act.”.

Mr Elfyn Llwyd

Clause  40,  page  34,  line  40,  at end insert—

“(1A)
For the purposes of subsection (1)(a) an unauthorised act can include installing

spyware software onto a computer, where the owner’s explicit consent has not

been given.”.

Mr Elfyn Llwyd

Clause  40,  page  35,  line  13,  at end insert—

“(g)
harassment or alarm of distress which has a substantial impact on the

victim’s day-to-day activities.”.



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