House of Commons Amendments

Session 2014 - 15
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Other Bills before Parliament

Notices of Amendments:
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(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.

Ann Coffey

NC1

To move the following Clause—


“Child Sexual Exploitation

(1)
The Sexual Offences Act 1956 is amended as follows.

(2)
In section 28 (Causing or encouraging prostitution of, intercourse with, or

indecent assault on, girls under sixteen)—

(a)
in the title of the section, for “prostitution” substitute “the sexual

exploitation”;

(b)
in subsection (1), for “prostitution” substitute “sexual exploitation”; and

Notices of Amendments:
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(c)
in subsection (2), for “become a prostitute” substitute “been sexually

exploited”.

(3)
In section 29 (Causing or encouraging prostitution of defective), in subsection

(1), after “woman”, insert “, aged 18 or over,”.

(4)
In section 1(1) of the Street Offence Offences Act 1959 (Loitering or soliciting

for purposes of prostitution), after “female)”, insert “, aged 18 or over,”.

(5)
The Sexual Offences Act 2003 is amended as follows.

(6)
In section 48 (Causing or inciting child prostitution or pornography)—

(a)
in the title of the section, for “prostitution” substitute “sexual

exploitation”; and

(b)
in subsection (1)(a), for “become a prostitute” substitute “be sexually

exploited”.

(7)
In section 49 (Controlling a child prostitute or a child involved in pornography)—

(a)
in the title of the section, for “prostitute” substitute “sexually exploited

child”; and

(b)
in subsection (1)(a), for “prostitution” substitute “sexual exploitation”.

(8)
In section 50 (Arranging or facilitating child prostitution or pornography)—

(a)
in the title of the section, for “child prostitution or pornography”

substitute “the sexual exploitation of a child or child pornography”; and

(b)
in subsection (1)(a), for “prostitution” substitute “sexual exploitation”.

(9)
In section 51 (Sections 48 to 50: interpretation), in subsection (2), for “prostitute”

substitute “sexual exploitation”; for “prostitution” substitute “sexually

exploited”.

(10)
All reference in other legislation to the above sections and titles should be treated

as referring to the amended titles above.”

Ann Coffey

NC2

To move the following Clause—


“Child Sexual Exploitation: Consent

(1)
The Sexual Offences Act 2003 is amended as follows.

(2)
In section 9 (Sexual activity with a child), after subsection (3), insert—

“(4)
A Court shall presume that a defendant, A, does not believe that B is aged

16 or over if there is evidence to suggest that B is a victim of child sexual

exploitation in which A is involved; unless A adduces evidence which

raises an issue as to his reasonable belief in whether B was aged 16 or

over at the time or immediately before the offence.

(5)
Child sexual exploitation is any scheme or offence which is calculated or

designed to create a position whereby B can be exploited so that B is or

might be the subject of a sexual offence.”

(3)
In section 75 (Evidential presumptions about consent), afer subsection (2)(f),

insert—

“(g)
the complainant was a victim of child sexual exploitation: or

(h)
the defendant can be shown to have been directly involved in

child sexual exploitation.

Notices of Amendments:
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( )
In this section, “child sexual exploitation” means any scheme of offence

as defined by section 9(5).””

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).

(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.”

Notices of Amendments:
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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—

(g)
fear that physical violence will be used against them;

(h)
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

Notices of Amendments:
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standards for officers’ responses to coercive control and domestic violence

incidents within one year of this Act coming into force.

(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.”

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.”.

Notices of Amendments:
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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.””.

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”.”

Notices of Amendments:
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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

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”—



© Parliamentary copyright	Revised 12 January 2015