Session 2014 - 15
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Other Bills before Parliament


 
 

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, continued

 
 

(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.

 

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.


 
 

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(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

 

(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.


 
 

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, continued

 
 

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.””

 


 

Seema Malhotra

 

Jack Dromey

 

Mr Steve Reed

 

Phil Wilson

 

Not called  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.””

 


 

Seema Malhotra

 

Jack Dromey

 

Mr Steve Reed

 

Phil Wilson

 

Not called  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.


 
 

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, continued

 
 

(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.”

 


 

Jack Dromey

 

Seema Malhotra

 

Mr Steve Reed

 

Not called  NC24

 

To move the following Clause

 

         

“Duty to publish information: National Crime Agency

 

(1)    

The Director General of the National Crime Agency (NCA) must—

 

(a)    

make arrangements for publishing statistical information with regard to

 

allegations of child sexual exploitation and abuse, and

 

(b)    

publish information in accordance with those arrangements.

 

(2)    

This information must include the number of cases of child sexual exploitation

 

and abuse reported each year to the Agency.”

 


 

Seema Malhotra

 

Jack Dromey

 

Mr Steve Reed

 

Not called  NC25

 

To move the following Clause

 

         

“Offence of female genital mutilation: reinfibulation

 

The Female Genital Mutilation Act 2003 is amended as follows—

 

In section 1 (Offence of female genital mutilation), in subsection (1), after

 

“infibulates”, insert “, reinfibulates””

 



 
 

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, continued

 
 

Seema Malhotra

 

Jack Dromey

 

Mr Steve Reed

 

Not called  NC26

 

To move the following Clause

 

         

“Encouragement of Female Genital Mutilation Warning Notice and Orders

 

(EWNs and EWOs)

 

In the Female Genital Mutilation Act 2003, after section 2A (offence of

 

Encouragement of Female Genital Mutilation) insert—

 

“2B    

Power to issue an Encouragement of Female Genital Mutilation

 

warning notice

 

(1)    

A member of a police force not below the rank of superintendent (“the

 

authorising officer”) may issue an Encouragement of Female Genital

 

Mutilation Warning Notice (an “EWN”) under this section.

 

(2)    

An EWN may be issued to a person (“A”) who is aged 18 or over if the

 

authorising officer has reasonable grounds for believing that A has been

 

encouraging the genital mutilation of women and girls as defined in

 

section 1.

 

(3)    

Before issuing an EWN, the authorising officer must, in particular,

 

consider any representations made by A as to the issuing of the EWN.

 

(4)    

The authorising officer must take reasonable steps to obtain the

 

representations mentioned in subsection (3).

 

(5)    

An EWN must prohibit A from encouraging the genital mutilation of

 

women and girls.

 

2C      

Contents and service of an Encouragement of Female Genital

 

Mutilation warning notice

 

(1)    

An EWN must state—

 

(a)    

the grounds on which is 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 EWN;

 

(c)    

that an application for an Encouragement of Female Genital

 

Mutilation Warning Order (“an EWO”) under (application for an

 

EWO) shall be heard within 48 hours of the time of service of the

 

EWN and notice time and place of the hearing will be given to

 

A, and shall state that the EWN continues in effect until that

 

application has been determined.

 

(2)    

An EWN must be in writing and must be served on A personally by a

 

constable.

 

(3)    

On serving A with an EWN, the constable must ask A for an address for

 

the purposes of being given notice of the hearing of the application for

 

the Encouragement of Female Genital Mutilation Warning Order.

 

2D      

Breach of an Encouragement of Female Genital Mutilation warning

 

notice

 

(1)    

A person arrested by virtue of section (contents and service of an EWN)

 

for a breach of a EWN shall be held in custody and brought before the


 
 

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magistrates’ court which will hear the application for the EWO under

 

(application for an EWO)—

 

(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

 

6(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.

 

2E      

Application for an Encouragement of Female Genital Mutilation

 

Warning Order

 

(1)    

If an EWN has been issued, a constable must apply for an Encouragement

 

of Female Genital Mutilation warning order (an “EWO”).

 

(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 EWN was served pursuant to (contents and service of an

 

EWN).

 

(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)    

Notice of the time and place of the hearing of the applicaiton must be

 

given to A.

 

(6)    

The notice is deemed given if it has been left at the address given by A

 

under section 4(3).

 

(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.


 
 

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27

 

, continued

 
 

(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)

 

(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


 
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Revised 21 January 2015