House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Public Bill Committee:
112

, continued

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.”

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.”

Public Bill Committee:
113

, continued

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

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.

Public Bill Committee:
114

, continued

(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.”.

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.””.

Public Bill Committee:
115

, continued

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”.”

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).”

Public Bill Committee:
116

, continued

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”—

(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.

Public Bill Committee:
117

, continued

(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.

(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.

Public Bill Committee:
118

, continued

(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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