Session 2014 - 15
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Other Bills before Parliament


 
 

Public Bill Committee: 15 January 2015                  

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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.”

 



 
 

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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


 
 

Public Bill Committee: 15 January 2015                  

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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.”.

 



 
 

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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”.”

 



 
 

Public Bill Committee: 15 January 2015                  

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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”—


 
 

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(a)    

the child’s school,

 

(b)    

social services, and

 

(c)    

the police.”

 


 

Jack Dromey

 

Mr Steve Reed

 

Seema Malhotra

 

NC20

 

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.


 
 

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(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.”

 



 
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