Session 2014 - 15
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Other Bills before Parliament


 
 

Public Bill Committee:                               

59

 

, continued

 
 

(a)    

the child’s school,

 

(b)    

social services, and

 

(c)    

the police.”

 


 

Jack Dromey

 

Mr Steve Reed

 

Seema Malhotra

 

NC20

 

Parliamentary Star    

To move the following Clause

 

         

“Dissuasion Panels to prevent gang-related violence and drug-dealing activity

 

(1)    

The Secretary of State may, by orders, establish Dissuasion Panels in a Police

 

Force area.

 

(2)    

A police officer may refer a person aged 14 or over to a Dissuasion Panel under

 

this section if the following three conditions are met.

 

(3)    

The first condition is that the officer is satisfied on the balance of probabilities

 

that the person has engaged in or has encouraged or assisted—

 

(a)    

gang-related violence; or

 

(b)    

gang-related drug-dealing activity.

 

(4)    

The second condition is that the officer thinks it is necessary to make the referral

 

for any of the following purposes—

 

(a)    

to prevent the person from engaging in, or encouraging or assisting,

 

gang-related violence or gang-related drug-dealing activity;

 

(b)    

to protect the person from gang-related violence or gang-related drug-

 

dealing activity.

 

(5)    

The third condition is that the conduct that the person has engaged in or has

 

encouraged or assisted—

 

(a)    

would not be eligible for criminal prosecution where the police officer

 

believes that a custodial sentence of more than six months would be the

 

most likely outcome of any such criminal prosecution; or

 

(b)    

is an offence listed in orders by the Secretary of State.

 

(6)    

A Dissuasion Panel must be comprised of at least three people from the following

 

backgrounds, with preference given to persons or professionals with prior

 

knowledge of the individual—

 

(a)    

medical, including mental health;

 

(b)    

social work;

 

(c)    

legal;

 

(d)    

any other person or profession that the court believes will be useful and

 

as it directs.

 

(7)    

The Dissuasion Panel will—

 

(a)    

assess the individual’s personal circumstances,

 

(b)    

consider whether these have impacted on the activities at subsection (2),

 

and,

 

(c)    

determine whether interventions are needed to—

 

(i)    

prevent the person from engaging in, or encouraging or assisting,

 

gang-related violence or gang-related drug-dealing activity;

 

(ii)    

protect the person from gang-related violence or gang-related

 

drug-dealing activity.


 
 

Public Bill Committee:                               

60

 

, continued

 
 

(8)    

Following assessment of a person by a Dissuasion Panel under this section, the

 

Panel may—

 

(a)    

make no further intervention; or

 

(b)    

require the respondent to do something which they reasonably believe

 

will—

 

(i)    

prevent the person from engaging in, or encouraging or assisting,

 

gang-related violence or gang-related drug dealing activity;

 

(ii)    

protect the person from gang-related violence or gang-related

 

drug-dealing activity.

 

(9)    

Requirements may include, but are not limited to—

 

(a)    

treatment for those who are drug dependent;

 

(b)    

counselling;

 

(c)    

education;

 

(d)    

training;

 

(e)    

reporting to the Panel for review.

 

(10)    

If the person does not agree to the proposed requirements they will be referred to

 

court for alternative action under section 34 of the Policing and Crime Act 2009,

 

as introduced by section 47 of the Serious Crime Act 2014.

 

(11)    

At any review by the Dissuasion Panel, the Panel may—

 

(a)    

permit the contract to continue with its current terms;

 

(b)    

vary the contract by—

 

(i)    

adding a requirement;

 

(ii)    

removing an existing requirement;

 

(iii)    

amending an existing requirement;

 

(c)    

cancel the contract and refer the person to court for alternative action

 

under section 34 of the Policing and Crime Act 2009, as introduced by

 

section 47 of the Serious Crime Act 2014.

 

(12)    

If the person breaches the contract, he or she will initially be referred back to the

 

Dissuasion Panel who may—

 

(a)    

permit the contract to continue with its current terms;

 

(b)    

vary the contract by—

 

(i)    

adding a requirement;

 

(ii)    

removing an existing requirement;

 

(iii)    

amending an existing requirement;

 

(c)    

cancel the contract and refer the individual to court for alternative action

 

under section 34 of the Policing and Crime Act 2009 as introduced by

 

section 47 of the Serious Crime Act 2014.

 

(13)    

For the purposes of this section, something is “gang-related” if it occurs in the

 

course of, or is otherwise related to, the activities of a group that—

 

(a)    

consists of at least three people, and

 

(b)    

has one or more characteristics that enable its members to be identified

 

by others as a group.

 

(14)    

In this section “violence” includes a threat of violence.

 

(15)    

In this Part “drug-dealing activity” means the unlawful production, supply,

 

importation or exportation of a controlled drug.

 

(16)    

“Production”, “supply” and “controlled drug” have the meanings given by

 

section 37(1) of the Misuse of Drugs Act 1971.”

 



 
 

Public Bill Committee:                               

61

 

, continued

 
 

Sarah Champion

 

NC21

 

Parliamentary Star    

To move the following Clause

 

         

“Child abduction warning notice

 

In the Child Abduction Act 1984, after section 2 (offence of abduction of child

 

by other person) insert—

 

“2A    

Power to issue a child abduction warning notice

 

(1)    

A member of a police force not below the rank of superintendent (“the

 

authorising officer”) may issue a child abduction warning notice (“a

 

CAWN”) under this section.

 

(2)    

A CAWN may be issued to a person (“A”) aged 18 years or over if the

 

authorising officer has reasonable grounds for believing that—

 

(a)    

A has without lawful authority or reasonable excuse been found

 

in the company of a child (“C”); and

 

(b)    

C is reported missing and is found on two or more occasions to

 

be in the company of A; or

 

(c)    

there is reason to suspect that C’s behaviour is, by reason of

 

association with the defendant, giving significant cause for

 

concern.

 

(3)    

Before issuing a CAWN, the authorising officer must, in particular,

 

consider—

 

(a)    

any representations made by the person with lawful authority for

 

C; and

 

(b)    

any representations made by A as to the issuing of the CAWN.

 

(4)    

The authorising officer must take reasonable steps to discover the

 

opinions mentioned in subsection (3).

 

(5)    

A CAWN must prohibit A from being in the company of C.

 

2B      

Contents and service of a child abduction warning notice

 

(1)    

A CAWN must state—

 

(a)    

the grounds on which it has been issued;

 

(b)    

that a constable may arrest A without warrant if the constable has

 

reasonable grounds for believing that A is in breach of the

 

CAWN;

 

(c)    

that an application for a child abduction warning order under

 

section 2D will be heard within 48 hours of the time of service of

 

the CAWN and a notice of the hearing will be given to A;

 

(d)    

that the CAWN continues in effect until that application has been

 

determined; and

 

(e)    

the provision that a magistrates’ court may include in a child

 

abduction warning order.

 

(2)    

A CAWN must be in writing and must be served on A personally by a

 

constable.

 

(3)    

On serving A with a CAWN, the constable must ask A for an address for

 

the purposes of being given the notice of the hearing of the application

 

for the child abduction warning order.


 
 

Public Bill Committee:                               

62

 

, continued

 
 

2C      

Breach of a child abduction warning notice

 

(1)    

A person arrested by virtue of section 2B(1)(b) for a breach of a CAWN

 

must be held in custody and brought before the magistrates’ court which

 

will hear the application for the CAWO under section 2D—

 

(a)    

before the end of the period of 24 hours beginning with the time

 

of the arrest; or

 

(b)    

if earlier, at the hearing of that application.

 

(2)    

If the person is brought before the court by virtue of subsection (1)(a), the

 

court may remand the person.

 

(3)    

If the court adjourns the hearing of the application by virtue of subsection

 

2D(8), the court may remand the person.

 

(4)    

In calculating when the period of 24 hours mentioned in subsection (1)(a)

 

ends, Christmas Day, Good Friday, any Sunday and any day which is a

 

bank holiday in England and Wales under the Banking and Financial

 

Dealings Act 1971 are to be disregarded.

 

2D      

Application for a child abduction warning order

 

(1)    

If a CAWN has been issued, a constable must apply for a child abduction

 

warning order (“a CAWO”).

 

(2)    

The application must be made by complaint to a magistrates’ court.

 

(3)    

The application must be heard by the magistrates’ court no later than 48

 

hours after the CAWN was served pursuant to section 2B(2).

 

(4)    

In calculating when the period of 48 hours mentioned in subsection (3)

 

ends, Christmas Day, Good Friday, any Sunday and any day which is a

 

bank holiday in England and Wales under the Banking and Financial

 

Dealings Act 1971 are to be disregarded.

 

(5)    

A notice of the hearing of the application must be given to A.

 

(6)    

The notice is deemed given if it has been left at the address given by A

 

under section 2B(3).

 

(7)    

But if the notice has not been given because no address was given by A

 

under section 2B(3), the court may hear the application for the CAWO if

 

the court is satisfied that the constable applying for the CAWO has made

 

reasonable efforts to give A the notice.

 

(8)    

The magistrates’ court may adjourn the hearing of the application.

 

(9)    

If the court adjourns the hearing, the CAWN continues in effect until the

 

application has been determined.

 

(10)    

On the hearing of an application of a CAWO, section 97 of the

 

Magistrates’ Court Act 1980 (summons to witness and warrant for his

 

arrest) does not apply in relation to a person for whose protection the

 

CAWO would be made, except where the person has given oral or written

 

evidence at the hearing.

 

2E      

Conditions for and contents of a child abduction warning order

 

(1)    

The court may make a CAWO if two conditions are met.


 
 

Public Bill Committee:                               

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, continued

 
 

(2)    

The first condition is that the court is satisfied on the balance of

 

probabilities that the conditions set out in section 3(2) are satisfied.

 

(3)    

The second condition is that the court thinks that making the CAWO is

 

necessary to protect C from harm as a result of association with A.

 

(4)    

A CAWO must state that a constable may arrest A without warrant if the

 

constable has reasonable grounds for believing A is in breach of the

 

CAWO.

 

(5)    

A CAWO may be in force for—

 

(a)    

no fewer than 14 days beginning with the day on which it is

 

made; and

 

(b)    

until the date of the 16th birthday of C.

 

(6)    

A CAWO must state the period for which it is to be in force.

 

2F      

Breach of a child abduction warning order

 

(1)    

A person arrested by virtue of section 2E(4) for a breach of a CAWO

 

must be held in custody and brought before a magistrates’ court within

 

the period of 24 hours beginning with the time of the arrest.

 

(2)    

If the matter is not disposed of when the person is brought before the

 

court, the court may remand the person.

 

(3)    

In calculating when the period of 24 hours mentioned in subsection (1)

 

ends, Christmas Day, Good Friday, any Sunday and any day which is a

 

bank holiday in England and Wales under the Banking and Financial

 

Dealings Act 1971 are to be disregarded.

 

2G      

Further provision about remand

 

(1)    

This section applies for the purposes of the remand of a person by a

 

magistrates’ court under section 2C(2) or (3) or 2F(2).

 

(2)    

In the application of section 128(6) of the Magistrates’ Court Act 1980

 

for those purposes, the reference to the “other party” is to be read—

 

(a)    

in the case of a remand prior to the hearing of an application for

 

a CAWO, as a reference to the authorising officer; and

 

(b)    

in any other case, as a reference to the constable who applied for

 

the CAWO.

 

(3)    

If the court has reason to suspect that a medical report will be required,

 

the power to remand a person may be exercised for the purpose of

 

enabling a medical examination to take place and a report to be made.

 

(4)    

If the person is remanded in custody for that purpose, the adjournment

 

may not be for more than three weeks at a time.

 

(5)    

If the person is remanded on bail for that purpose, the adjournment may

 

not be for more than four weeks at a time.

 

(6)    

If the court has reason to suspect that the person is suffering from a

 

mental disorder within the meaning of the Mental Health Act 1983, the

 

court has the same power to make an order under section 35 of that Act

 

(remand to hospital for medical report) as it has under that section in the

 

case of an accused person (within the meaning of that section).


 
 

Public Bill Committee:                               

64

 

, continued

 
 

(7)    

The court may, when remanding the person on bail, require the person to

 

comply before release on bail or later, with such requirements as appear

 

to the court to be necessary to secure that the person does not interfere

 

with witnesses or otherwise obstruct the course of justice.

 

2H      

Guidance

 

(1)    

The Secretary of State may issue guidance relating to the exercise by a

 

constable of functions under sections 2A to 2F.

 

(2)    

A constable must have regard to any guidance issued under subsection

 

(1) when exercising a function to which the guidance relates.

 

(3)    

Before issuing guidance under this section, the Secretary of State must

 

consult—

 

(a)    

the Association of Chief Police Officers;

 

(b)    

the National Crime Agency; and

 

(c)    

such other persons as the Secretary of State thinks fit.””

 

Member’s explanatory statement

 

This amendment establishes child abduction warning notices (CAWNs) on a statutory basis,

 

addressing concerns raised in the House of Lords on the issue, by introducing a two-stage process

 

providing judicial oversight, without compromising the ability of the police to issue a CAWN

 

without delay. The proposed process is similar to that in place for Domestic Violence Prevention

 

Notices/Domestic Violence Prevention Orders (DVPN/DVPO).

 


 

Seema Malhotra

 

Jack Dromey

 

Mr Steve Reed

 

Phil Wilson

 

NC22

 

Parliamentary Star    

To move the following Clause

 

         

“Age of child (abductions within England and Wales)

 

In the Child Abduction Act 1984, insert—

 

“(2A)    

References to the age of “sixteen” in section 2 are to be interpreted as

 

references to the age of “eighteen” for the purposes of any proceedings

 

relating to abductions within England and Wales.””

 



 
 

Public Bill Committee:                               

65

 

, continued

 
 

Seema Malhotra

 

Jack Dromey

 

Mr Steve Reed

 

Phil Wilson

 

NC23

 

Parliamentary Star    

To move the following Clause

 

         

“Mandatory reporting of abuse of children and vulnerable adults

 

(1)    

The Secretary of State must initiate a consultation on the introduction of

 

regulations mandating those working in regulated activities to report evidence of

 

potential abuse of children or vulnerable adults to a relevant authority.

 

(2)    

The consultation in subsection (1) must seek to ascertain the degree to which the

 

introduction of such regulations would—

 

(a)    

improve best practice in safeguarding children and vulnerable adults;

 

(b)    

increase information sharing between key agencies;

 

(c)    

enable earlier safeguarding interventions; and

 

(d)    

prevent deliberate attempts to cover-up abuse undertaken to safeguard

 

the reputation of an individual or institution.

 

(3)    

For the purpose of this section “relevant authority” means—

 

(a)    

the local authority with safeguarding responsibilities;

 

(b)    

the local police force; and

 

(c)    

the Disclosure and Barring Service.

 

(4)    

The consultation undertaken under subsection (1) must be completed and a

 

summary of the results laid before Parliament within 18 months of the date of

 

Royal Assent.

 

(5)    

Following the completion of the consultation in subsection (1), the Secretary of

 

State may under this section bring forward regulations to amend the Safeguarding

 

Vulnerable Groups Act 2006 to introduce regulations mandating regulated

 

activity providers to report suspicious activity to a relevant authority.”

 


 

Karen Bradley

 

Schedule  4,  page  105,  line  33,  at end insert—

 

“16A      

In section 6 of the Proceeds of Crime Act 2002 (making of order) at the end of

 

subsection (5) insert—

 

            

“Paragraph (b) applies only if, or to the extent that, it would not be

 

disproportionate to require the defendant to pay the recoverable amount.””

 

Member’s explanatory statement

 

This amendment and amendments 17 and 18 amend provisions of the Proceeds of Crime Act 2002

 

relating to confiscation orders in England and Wales, Scotland and Northern Ireland, so that the

 

court’s duty to make a confiscation order for the recoverable amount applies only to the extent that

 

it would be proportionate to do so.

 

Karen Bradley

 

Schedule  4,  page  108,  line  3,  at end insert—

 

“31A      

In section 92 of that Act (making of order), at the end of subsection (6) insert—

 

            

“Paragraph (b) applies only if, or to the extent that, it would not be

 

disproportionate to require the accused to pay the recoverable amount.””


 
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