Session 2014 - 15
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Public Bill Committee: 15 January 2015                  

87

 

Serious Crime Bill-[ [], continued

 
 

Sarah Champion

 

Mr Steve Reed

 

Ann Coffey

 

Seema Malhotra

 

NC21

 

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.


 
 

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(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.

 

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.


 
 

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2E      

Conditions for and contents of a child abduction warning order

 

(1)    

The court may make a CAWO 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 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


 
 

Public Bill Committee: 15 January 2015                  

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(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.

 

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

 

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: 15 January 2015                  

91

 

Serious Crime Bill-[ [], continued

 
 

Seema Malhotra

 

Jack Dromey

 

Mr Steve Reed

 

Phil Wilson

 

NC23

 

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

 

16

 

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

 

17

 

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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Karen Bradley

 

18

 

Schedule  4,  page  110,  line  21,  at end insert—

 

“41A      

In section 156 of that Act (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.””

 

Ann Coffey

 

Sarah Champion

 

1

 

Schedule  4,  page  112,  line  1,  at end insert—

 

“( )    

In section 5 of the Sexual Offences Act 2003 (Rape of a child under 13), after

 

subsection (2) insert—

 

“(3)    

For the purposes of this Act, the consent of a child under the age of 13 is

 

irrelevant.

 

(4)    

The common law of “ostensible consent” in relation to sexual offences is

 

hereby abolished.

 

(5)    

For the purposes of sentencing an offender in connection with offences

 

under this Act in relation to a child, a court shall presume the consent of

 

child to be absent.””

 

Karen Bradley

 

19

 

Schedule  4,  page  112,  line  1,  at end insert—

 

“          

In section 78 of the Sexual Offences Act 2003 (meaning of “sexual”), for

 

“except section 71” substitute “except sections 15A and 71”.”

 

Member’s explanatory statement

 

This amendment is consequential on New Clause (NC8) [Sexual communication with a child]. It

 

provides that the definition of “sexual” in section 78 of the Sexual Offences Act 2003 does not

 

apply to new section 15A of that Act as inserted by the new clause.

 

Karen Bradley

 

20

 

Schedule  4,  page  112,  line  1,  at end insert—

 

“          

In Schedule 2 to that Act (sexual offences to which provisions about extra-

 

territorial application apply), in paragraph 1(a), for “sections 5 to 19”

 

substitute “sections 5 to 15, 16 to 19”.”

 

Member’s explanatory statement

 

This amendment is consequential on New Clause (NC8) [Sexual communication with a child]. Its

 

effect is that the provisions of the Sexual Offences Act 2003 which provide for offences committed

 

outside the United Kingdom to be prosecuted in England and Wales in some circumstances do not

 

apply to the new offence.


 
 

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Karen Bradley

 

21

 

Schedule  4,  page  112,  line  3,  at end insert—

 

    “( )  

After paragraph 24 insert—

 

“24A      

An offence under section 15A of this Act (sexual communication

 

with a child).””

 

Member’s explanatory statement

 

This amendment is consequential on New Clause (NC8) [Sexual communication with a child]. It

 

provides that a conviction for the new offence of sexual communication with a child automatically

 

triggers the notification requirements for sex offenders provided by Part 2 of the Sexual Offences

 

Act 2003.

 

Karen Bradley

 

22

 

Schedule  4,  page  112,  line  18,  at end insert—

 

“          

In Schedule 15 to that Act (specified offences for purposes of Chapter 5 of Part

 

12), after paragraph 116 insert—

 

“116A    

An offence under section 15A of that Act (sexual communication

 

with a child).””

 

Member’s explanatory statement

 

This amendment adds the new offence of sexual communication with a child (see New Clause

 

(NC8) [Sexual communication with a child]) to the offences specified for the purposes of Chapter

 

5 of Part 12 of the Criminal Justice Act 2003, which makes provision for extended determinate

 

sentences for dangerous offenders.

 

Karen Bradley

 

23

 

Schedule  4,  page  112,  line  18,  at end insert—

 

“    ( )  

Schedule 34A to that Act (child sex offences for purposes of section 327A) is

 

amended as follows.

 

      ( )  

In paragraph 7(b), for “15” substitute “15A”.

 

      ( )  

After paragraph 13A insert—

 

“13B      

An offence under section 66 of the Serious Crime Act 2015

 

(possession of paedophile manual).”

 

Member’s explanatory statement

 

This amendment brings the new offence of sexual communication with a child (see New Clause

 

(NC8) [Sexual communication with a child]), and the new offence of possession of a paedophile

 

manual (see clause 66), within the disclosure provisions set out in section 327A of the Criminal

 

Justice Act 2003.

 

Karen Bradley

 

24

 

Schedule  4,  page  114,  line  18,  at beginning insert “Part 1 of”

 

Member’s explanatory statement

 

This is a drafting amendment to make it clear that the amendments made by paragraph 73 of

 

Schedule 4 to the Bill are to Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of

 

Offenders Act 2012.


 
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