Session 2014 - 15
Internet Publications
Other Bills before Parliament


 
 

99

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 15 January 2015

 

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

 

Serious Crime Bill [Lords] Committee 74-98

 

Public Bill Committee


 

Serious Crime Bill [Lords]


 

Pauline Latham

 

42

 

Clause  69,  page  62,  line  22,  after “against”, insert “a risk of”

 

Pauline Latham

 

43

 

Clause  69,  page  62,  line  29,  at end insert “and (in the case of orders made under

 

paragraph 1(1)(a) of this Schedule), to the level of risk of commission of any genital

 

mutilation offence.”

 

Jack Dromey

 

Seema Malhotra

 

Mr Steve Reed

 

NC24

 

To move the following Clause

 

         

“Duty to publish information: National Crime Agency

 

(1)    

The Director General of the National Crime Agency (NCA) must—

 

(a)    

make arrangements for publishing statistical information with regard to

 

allegations of child sexual exploitation and abuse, and

 

(b)    

publish information in accordance with those arrangements.

 

(2)    

This information must include the number of cases of child sexual exploitation

 

and abuse reported each year to the Agency.”


 
 

Notices of Amendments: 15 January 2015                  

100

 

Serious Crime Bill-[ [], continued

 
 

Seema Malhotra

 

Jack Dromey

 

Mr Steve Reed

 

NC25

 

To move the following Clause

 

         

“Offence of female genital mutilation: reinfibulation

 

The Female Genital Mutilation Act 2003 is amended as follows—

 

In section 1 (Offence of female genital mutilation), in subsection (1), after

 

“infibulates”, insert “, reinfibulates””

 

Seema Malhotra

 

Jack Dromey

 

Mr Steve Reed

 

NC26

 

To move the following Clause

 

         

“Encouragement of Female Genital Mutilation Warning Notice and Orders

 

(EWNs and EWOs)

 

In the Female Genital Mutilation Act 2003, after section 2A (offence of

 

Encouragement of Female Genital Mutilation) insert—

 

“2B    

Power to issue an Encouragement of Female Genital Mutilation

 

warning notice

 

(1)    

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

 

authorising officer”) may issue an Encouragement of Female Genital

 

Mutilation Warning Notice (an “EWN”) under this section.

 

(2)    

An EWN may be issued to a person (“A”) who is aged 18 or over if the

 

authorising officer has reasonable grounds for believing that A has been

 

encouraging the genital mutilation of women and girls as defined in

 

section 1.

 

(3)    

Before issuing an EWN, the authorising officer must, in particular,

 

consider any representations made by A as to the issuing of the EWN.

 

(4)    

The authorising officer must take reasonable steps to obtain the

 

representations mentioned in subsection (3).

 

(5)    

An EWN must prohibit A from encouraging the genital mutilation of

 

women and girls.

 

2C      

Contents and service of an Encouragement of Female Genital

 

Mutilation warning notice

 

(1)    

An EWN must state—

 

(a)    

the grounds on which is 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 EWN;

 

(c)    

that an application for an Encouragement of Female Genital

 

Mutilation Warning Order (“an EWO”) under (application for an

 

EWO) shall be heard within 48 hours of the time of service of the

 

EWN and notice time and place of the hearing will be given to


 
 

Notices of Amendments: 15 January 2015                  

101

 

Serious Crime Bill-[ [], continued

 
 

A, and shall state that the EWN continues in effect until that

 

application has been determined.

 

(2)    

An EWN must be in writing and must be served on A personally by a

 

constable.

 

(3)    

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

 

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

 

the Encouragement of Female Genital Mutilation Warning Order.

 

2D      

Breach of an Encouragement of Female Genital Mutilation warning

 

notice

 

(1)    

A person arrested by virtue of section (contents and service of an EWN)

 

for a breach of a EWN shall be held in custody and brought before the

 

magistrates’ court which will hear the application for the EWO under

 

(application for an EWO)—

 

(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

 

6(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.

 

2E      

Application for an Encouragement of Female Genital Mutilation

 

Warning Order

 

(1)    

If an EWN has been issued, a constable must apply for an Encouragement

 

of Female Genital Mutilation warning order (an “EWO”).

 

(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 EWN was served pursuant to (contents and service of an

 

EWN).

 

(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)    

Notice of the time and place of the hearing of the applicaiton must be

 

given to A.

 

(6)    

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

 

under section 4(3).

 

(7)    

If the notice has not been given because no address was given by A under

 

section 4(3), the court may hear the application for the EWO if the court

 

is satisfied that the constable applying for the EWO has made reasonable

 

efforts to give A the notice.

 

(8)    

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


 
 

Notices of Amendments: 15 January 2015                  

102

 

Serious Crime Bill-[ [], continued

 
 

(9)    

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

 

application has been determined.

 

(10)    

On the hearing of an application for an EWO, 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

 

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

 

evidence at the hearing.

 

2F      

Conditions for and contents of an Encouragement of Female Genital

 

Mutilation Warning Order

 

(1)    

The court may make an EWO if two conditions are met.

 

(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 met.

 

(3)    

The second condition is that the court is satisfied that making the EWO

 

is necessary to protect women and girls from harm as a result of the

 

encouragement of FGM by A.

 

(4)    

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

 

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

 

EWO.

 

(5)    

An EWO may be in force for—

 

(a)    

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

 

made; and

 

(b)    

up to a maximum of seven years from that date.

 

(6)    

An EWO must state the period for which it is to be in force.

 

2G      

Breach of an Encouragement of Female Genital Mutilation warning

 

order

 

(1)    

A person arrested by virtue of (conditions for an contents of an EWO) for

 

a breach of an EWO 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.

 

2H      

Further provision about remand

 

(1)    

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

 

magistrates’ court under section (Breach of an EWN) or (Breach of an

 

EWO)

 

(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

 

an EWO, as a reference to the authorising officer; and

 

(b)    

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

 

the EWO


 
 

Notices of Amendments: 15 January 2015                  

103

 

Serious Crime Bill-[ [], continued

 
 

(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).

 

(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.

 

2I      

Guidance

 

(1)    

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

 

constable of functions under section (Power to issue an EWN).

 

(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.”

 

Seema Malhotra

 

Jack Dromey

 

Mr Steve Reed

 

NC27

 

To move the following Clause

 

         

“Report on effectiveness of national register of domestic abusers and serial

 

stalkers

 

(1)    

The Secretary of State must, within six months of commencement of this Act,

 

commission a report on the potential effectiveness of a national register of

 

individuals convicted of more than one domestic abuse or stalking offence.

 

(2)    

The report should include a cost-benefit analysis of such a register.”

 

Seema Malhotra

 

Jack Dromey

 

Mr Steve Reed

 

NC28

 

To move the following Clause

 

         

“Offence of encouragement of female genital mutilation

 

(1)    

The Female Genital Mutilation Act 2003 is amended as follows:


 
 

Notices of Amendments: 15 January 2015                  

104

 

Serious Crime Bill-[ [], continued

 
 

(2)    

After section 2 (offence of assisting a girl to mutilate her own genitalia) insert—

 

“(2A)    

Offence of encouragement of female genital mutilation—

 

(a)    

a person is guilty of an offence of encouragement of female

 

genital mutilation if he makes a statement that is likely to be

 

understood by some or all of the members of the public to whom

 

it is published as a direct or indirect encouragement or other

 

inducement to them to mutilate the genitalia of a girl;

 

(b)    

a person commits an offence if—

 

(i)    

he publishes a statement to which this section applies or

 

causes another to publish such a statement; and

 

(ii)    

at the time he publishes it or causes it to be published,

 

he—

 

(a)    

intends members of the public to be directly or

 

indirectly encouraged or otherwise induced by

 

the statement to mutilate the genitalia of a girl;

 

or

 

(b)    

is reckless as to whether members of the public

 

will be directly or indirectly encouraged or

 

otherwise induced by the statement to mutilate

 

the genitalia of a girl.”

 


 
contents
 

© Parliamentary copyright
Revised 16 January 2015