House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

137

House of Commons

Thursday 22 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].

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.

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—

Public Bill Committee:
138

, continued


“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.

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.

Public Bill Committee:
139

, continued

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.

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

Public Bill Committee:
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, continued

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.

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—

Public Bill Committee:
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(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.

Karen Bradley

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

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

relationship) and (Guidance);”

Member’s explanatory statement

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

intimate or family relationship] and (10) [Guidance]. It provides that the new clauses extend to

England and Wales only.

Karen Bradley

Clause  76,  page  80,  line  1,  at beginning insert—

‘( )
Section (Prevention or restriction of use of communication devices by prisoners

etc) extends to England and Wales and Scotland (but not Northern Ireland).”

Member’s explanatory statement

This amendment is consequential on New Clause (NC11) [Prevention or restriction of use of

Public Bill Committee:
142

, continued

communication devices by prisoners etc]. It provides that the new clause extends to England and

Wales and Scotland.

Karen Bradley

Clause  77,  page  80,  line  26,  leave out “32” and insert “31A”

Member’s explanatory statement

This amendment and amendment 9 provide for new paragraphs 31A and 41A of Schedule 4,

inserted by amendments 17 and 18, to be brought into force by the Scottish Ministers and the

Department of Justice in Northern Ireland (following consultation with the Home Secretary)

respectively.

Karen Bradley

Clause  77,  page  80,  line  32,  leave out “42” and insert “41A”

Karen Bradley

Clause  77,  page  80,  line  34,  leave out “The following provisions” and insert

“Sections 67 to 69”

Member’s explanatory statement

This amendment and amendments 11 and 13 provide that clause 72 of the Bill (which is about

extra-territorial jurisdiction in respect of certain terrorism-related offences), and a related

consequential amendment in Schedule 4, come into force on the day on which the Bill receives

Royal Assent rather than two months after Royal Assent as clause 77 currently provides.

Karen Bradley

Clause  77,  page  80,  line  36,  leave out paragraphs (a) and (b)

Karen Bradley

Clause  77,  page  80,  line  40,  at end insert—

“( )
section (Prevention or restriction of use of communication devices by

prisoners etc);”

Member’s explanatory statement

The effect of this amendment is that New Clause (NC11) [Prevention or restriction of use of

communication devices by prisoners etc] comes into force on the day on which the Bill receives

Royal Assent.

Karen Bradley

Clause  77,  page  80,  line  40,  at end insert—

“( )
section 72 and paragraph 60 of Schedule 4 (and section 74(1) so far as

relating to that paragraph);”

Public Bill Committee:
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, continued

Karen Bradley

Clause  77,  page  81,  line  17,  at end insert—

“( )
Consultation for the purposes of subsection (2), (3), (6) or (7) may be, or include,

consultation before the day on which this Act is passed.”

Member’s explanatory statement

This amendment provides that the obligation on the Secretary of State to consult the Scottish

Ministers and Northern Ireland Department of Justice, and vice versa, before bringing into force

certain provisions of the Bill, as required by clause 77, may be complied with before the Bill

receives Royal Assent.

Karen Bradley

Clause  78,  page  81,  line  26,  leave out subsection (2)

Member’s explanatory statement

Subsection (2) of clause 78 was inserted by the Lords to avoid questions of privilege. Its removal

by this amendment would be purely procedural.

Karen Bradley

Title,  line  8,  after “children;” insert “to create an offence of communicating sexually with

a child;”

Karen Bradley

Title,  line  8,  after “children;” insert “to create an offence in relation to controlling or

coercive behaviour in intimate or family relationships;”

Karen Bradley

Title,  line  9,  after “prison;” insert “to make provision for the prevention or restriction of

the use of communication devices by persons detained in custodial institutions;”

Order of the House [5 January 2015]

That the following provisions shall apply to the Serious Crime Bill [Lords]—

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 22 January 2015.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.



© Parliamentary copyright	Revised 22 January 2015