House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

73

House of Commons

Thursday 15 January 2015

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Serious Crime Bill [Lords]

Note

The Amendments have been arranged in accordance with the Order of the

Committee [13 January 2015].

Mr Elfyn Llwyd

37

Clause  50,  page  43,  line  35,  leave out “on the balance of probabilities” and insert

“beyond reasonable doubt”.

Mr Elfyn Llwyd

38

Clause  50,  page  44,  line  5,  leave out “doing anything described in the injunction”

and insert “engaging in, or encouraging or assisting, gang-related violence or gang-related

drug-dealing activity;”.

Mr Elfyn Llwyd

39

Clause  50,  page  44,  line  7,  leave out “described in the injunction” and insert

“which will protect the respondent from gang-related violence or gang-related drug

dealing activity”.

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Mr Elfyn Llwyd

40

Clause  65,  page  53,  line  6,  at end insert—

“( )
In that subsection, for “under that age” substitute “under 18””.

New Clauses

Karen Bradley

NC7

To move the following Clause—


“Exemption from civil liability for money-laundering disclosures

In section 338 of the Proceeds of Crime Act 2002 (money laundering: authorised

disclosures), after subsection (4) insert—

“(4A)
Where an authorised disclosure is made in good faith, no civil liability

arises in respect of the disclosure on the part of the person by or on whose

behalf it is made.””

Member’s explanatory statement

This New Clause makes express statutory provision to protect persons (for example, financial

institutions and lawyers) who report in good faith their suspicion that another person is engaged

in money laundering activity (in accordance with Part 7 of the Proceeds of Crime Act 2002) from

incurring civil liability for doing so.

Karen Bradley

NC8

To move the following Clause—


“Sexual communication with a child

After section 15 of the Sexual Offences Act 2003 insert—

“15A
Sexual communication with a child

(1)
A person aged 18 or over (A) commits an offence if—

(a)
for the purpose of obtaining sexual gratification, A intentionally

communicates with another person (B),

(b)
the communication is sexual or is intended to encourage B to

make (whether to A or to another) a communication that is

sexual, and

(c)
B is under 16 and A does not reasonably believe that B is 16 or

over.

(2)
For the purposes of this section, a communication is sexual if—

(a)
any part of it relates to sexual activity, or

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(b)
a reasonable person would, in all the circumstances but

regardless of any person’s purpose, consider any part of the

communication to be sexual;


and in paragraph (a) “sexual activity” means an activity that a reasonable

person would, in all the circumstances but regardless of any person’s

purpose, consider to be sexual.

(3)
A person guilty of an offence under this section is liable—

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

exceeding 12 months or a fine or both;

(b)
on conviction on indictment, to imprisonment for a term not

exceeding 2 years.””

Member’s explanatory statement

This New Clause provides for a new offence where an adult communicates with a child under 16

for the purpose of obtaining sexual gratification and the communication is sexual or intended to

encourage a sexual response. The offence would be triable either way with a maximum penalty (on

conviction on indictment) of two years’ imprisonment.

Karen Bradley

NC9

To move the following Clause—


“Controlling or coercive behaviour in an intimate or family relationship

(1)
A person (A) commits an offence if—

(a)
A repeatedly or continuously engages in behaviour towards another

person (B) that is controlling or coercive,

(b)
at the time of the behaviour, A and B are personally connected,

(c)
the behaviour has a serious effect on B, and

(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.

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(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—

(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.

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(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;

(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;

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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

Sarah Champion

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

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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

Sarah Champion

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.



© Parliamentary copyright	Revised 15 January 2015