House of Commons Amendments

Session 2014 - 15
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Other Bills before Parliament

Public Bill Committee:
126

, continued

(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.

(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)

Public Bill Committee:
127

, continued

(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

(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.

Public Bill Committee:
128

, continued

(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:

(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.”

Karen Bradley

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.

Public Bill Committee:
129

, continued

Karen Bradley

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.””

Karen Bradley

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

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

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

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.

Public Bill Committee:
130

, continued

Karen Bradley

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

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

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

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.

Public Bill Committee:
131

, continued

Karen Bradley

Schedule  4,  page  114,  line  19,  at end insert—

    “( )
After paragraph 15 insert—

“Female genital mutilation protection orders

15A(1)
Civil legal services provided in relation to female genital mutilation

protection orders under paragraph 1 of Schedule 2 to the Female

Genital Mutilation Act 2003.


Exclusions

      (2)
Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this

Schedule.””

Member’s explanatory statement

This amendment and amendment 26 amend Part 1 of Schedule 1 to the Legal Aid, Sentencing and

Punishment of Offenders Act 2012 to provide for civil legal aid to be made available for civil legal

services provided in relation to female genital mutilation protection orders (as provided for in

clause 70 of the Bill).

Karen Bradley

Schedule  4,  page  114,  line  23,  at end insert—

“   ( )
Part 3 of that Schedule (advocacy: exclusion and exceptions) is amended as

follows.

      ( )
In paragraph 6—

(a)
omit “and” at the end of paragraph (a);

(b)
at the end insert “, and

(c)
proceedings for the variation or discharge of an order under

paragraph 1 of Schedule 2 to the Female Genital Mutilation

Act 2003.”

      ( )
In paragraph 8—

(a)
omit “and” at the end of paragraph (c);

(b)
at the end insert “, and

(e)
proceedings for the variation or discharge of an order under

paragraph 1 of Schedule 2 to the Female Genital Mutilation

Act 2003.””

Karen Bradley

Clause  75,  page  79,  line  26,  at end insert—

“( )
in the Sexual Offences Act 2003, subsection (3)(a) of the section 15A

inserted by section (Sexual communication with a child) above;”

Member’s explanatory statement

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

makes transitional provision so that the maximum penalty on summary conviction for the new

offence is six months’ imprisonment, rather than 12 months’, pending the coming into force of

section 154(1) of the Criminal Justice Act 2003.

Public Bill Committee:
132

, continued

Karen Bradley

Clause  75,  page  79,  line  32,  at end insert—

“( )
section (Controlling or coercive behaviour in an intimate or family

relationship)(11)(b).”

Member’s explanatory statement

This amendment is consequential on New Clause (NC9) [Controlling or coercive behaviour in an

intimate or family relationship]. It makes transitional provision so that the maximum penalty on

summary conviction for the new offence is six months’ imprisonment, rather than 12 months’,

pending the coming into force of section 154(1) of the Criminal Justice Act 2003.

Karen Bradley

Clause  75,  page  79,  line  32,  at end insert—

“( )
In relation to an offence committed before section 85(1) of the Legal Aid,

Sentencing and Punishment of Offenders Act 2012 comes into force—

(a)
a reference to a fine in the following provisions is to be read as a

reference to a fine not exceeding the statutory maximum—

(i)
section 60(3)(a);

(ii)
in the Sexual Offences Act 2003, subsection (3)(a) of the section

15A inserted by section (Sexual communication with a child)

above;

(iii)
in the Female Genital Mutilation Act 2003, paragraph (b) of the

subsection (2) inserted in section 5 by section 69(4)(b) above;

(iv)
paragraph 4(5)(b) of the Schedule inserted in that Act by section

70(2) above;

(v)
section (Controlling or coercive behaviour in an intimate or

family relationship)(11)(b) above;

(vi)
in the Prison Act 1952, subsection (4)(b) of the section 40CA

inserted by section 71 above;

(b)
the reference to a fine in paragraph 2(2)(a) of the Schedule to the Female

Genital Mutilation Act 2003, inserted in that Act by section 68(2) above,

is to be read as a reference to a fine not exceeding level 5 on the standard

scale.”

Member’s explanatory statement

This amendment provides for a transitional provision in respect of the maximum fine that may be

imposed on summary conviction in respect of new offences created by the Bill. Pending the coming

into force of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the

maximum fine in such cases would be the current statutory maximum (£5,000) rather than an

unlimited amount.

Karen Bradley

Clause  76,  page  79,  line  45,  at end insert—

“( )
section (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 the new clause extends to England and Wales only.



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