Session 2014 - 15
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Notices of Amendments: 19 February 2015                  

1582

 

Serious Crime Bill-[ [], continued

 
 

(b)    

A shall be deemed to have neglected B in a manner likely to

 

cause injury to his health if he has failed to provide adequate

 

food, clothing, medical aid or lodging for him or if, having been

 

unable otherwise to provide such food, clothing, medical aid or

 

lodging, he has failed to take steps to procure it to be provided to

 

B.

 

(3)    

A person may be convicted of an offence under this section—

 

(a)    

notwithstanding that actual suffering or injury to health, or the

 

likelihood of actual suffering or injury to health, was obviated by

 

the action of another person;

 

(b)    

notwithstanding the death of B.

 

(4)    

In subsection (2)—

 

“parental responsibility” has the same meaning as in the Children Act 1989;

 

“relative” has the meaning given by section 63(1) of the Family Law Act

 

1996”

 


 

Mr Elfyn Llwyd

 

NC12

 

To move the following Clause

 

         

“Child Abduction Warning Notices: extension to vulnerable 16 and 17 year

 

olds

 

(1)    

The Children’s Act 1989 is amended as follows.

 

(2)    

After section 49 of the Children Act 1989 insert—

 

“49A  

Abduction of vulnerable children aged sixteen or seventeen

 

(1)    

A person shall be guilty of an offence if, knowlingly and without lawful

 

authority or reasonable excuse, he

 

(a)    

takes a child to whom this section applies away from a person

 

with parental responsibility or child’s place of residence; or

 

(b)    

keeps such a child away from the responsible person or child’s

 

place of residence; or

 

(c)    

induces, assists or incites such a child to run away or stay away

 

from a person with parental responsibility or child’s place of

 

residence; and

 

(d)    

uses controlling and coercive behaviour to influence a child.

 

(2)    

This section applies in relation to a child who is—

 

(a)    

in need,

 

(b)    

looked after under section 20

 

(c)    

housed under part 7 of the Housing Act 1996,

 

(d)    

suffering or is likely to suffer significant harm subject to section

 

47 1(b).

 

(3)    

In this section

 

“parental responsibility” has a meaning as in this Act


 
 

Notices of Amendments: 19 February 2015                  

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“child in need” has a meaning as defined in section 17 of this Act.”

 


 

Seema Malhotra

 

Jack Dromey

 

Mr Steve Reed

 

NC15

 

Parliamentary Star - white    

To move the following Clause

 

         

“Encouragement of Female Genital Mutiliation Warning Notices 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 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 EWN;

 

(c)    

that an application for an Encouragement of Female Genital

 

Mutilation warning order (an “EWO”) under section (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.


 
 

Notices of Amendments: 19 February 2015                  

1584

 

Serious Crime Bill-[ [], continued

 
 

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 an EWN shall be held in custody and brought before the

 

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 section (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 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 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.


 
 

Notices of Amendments: 19 February 2015                  

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2F      

Conditions for and contents of an Encouragement of Female Genital

 

Mutilation warning order (EWO)

 

(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 section (conditions for and 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.


 
 

Notices of Amendments: 19 February 2015                  

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(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

 

NC16

 

Parliamentary Star - white    

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


 
 

Notices of Amendments: 19 February 2015                  

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Serious Crime Bill-[ [], continued

 
 

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.””

 


 

Yvette Cooper

 

Seema Malhotra

 

Jack Dromey

 

Mr Steve Reed

 

NC17

 

Parliamentary Star - white    

To move the following Clause

 

         

“Mandatory reporting of suspected child abuse

 

(1)    

A person commits an offence if—

 

(a)    

he is involved in the provision of regulated activity as defined by section

 

5 of the Safeguarding Vulnerable Groups Act 2006 for which he is paid;

 

(b)    

he is a provider of regulated activity as defined by section 6 of the

 

Safeguarding Vulnerable Groups Act 2006;

 

(c)    

he becomes aware that a child has been harmed in connection to the

 

regulated activity; and

 

(d)    

he does not inform a relevant authority of this harm.

 

(2)    

A person does not commit an offence under this section if—

 

(a)    

he can demonstrate he acted in the best interests of the child, or

 

(b)    

he complied with relevant professional guidelines or institutional

 

guidelines for the reporting of abuse as he believed them to be,

 

complying with institutional guidelines for the reporting of abuse can

 

include informing another individual with relevant safeguarding

 

responsibilities.

 

(3)    

In this section “harm” means conduct which amounts to one of the following

 

offences—

 

(a)    

cruelty to and neglect of children;

 

(b)    

cruelty to children/young persons;

 

(c)    

child abduction;

 

(d)    

rape of a female child under 16;

 

(e)    

rape of a female child under 13;

 

(f)    

rape of a male child under 16;

 

(g)    

rape of a male child under 13;

 

(h)    

sexual assault on a male child under 13;

 

(i)    

sexual assault on a female child under 13;

 

(j)    

sexual activity involving a child under 13;

 

(k)    

sexual activity involving a child under 16;

 

(l)    

sexual expolitation of children;

 

(m)    

abuse of position of trust of a sexual nature; and

 

(n)    

sexual grooming.


 
 

Notices of Amendments: 19 February 2015                  

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(4)    

The Secretary of State may, by way of regulation, make guidance as to the

 

interpretation of subsection (2) or amend subsection (3).

 

(5)    

Any regulations made under subsection (4) must be subject to an affirmative

 

procedure of both Houses of Parliament.

 

(6)    

In this section “relevant authority” means—

 

(a)    

the local authority with safeguarding authorities;

 

(b)    

the local police force; and

 

(c)    

the Disclosure and Barring Service.

 

(7)    

A person guilty of an offence under this Part of this Act shall be liable—

 

(a)    

on summary conviction, to imprisonment for a term not exceeding six

 

months or to a fine not exceeding the statutory maximum, or to both such

 

imprisonment and fine;

 

(b)    

on conviction on indictment, to imprisonment for a term not exceeding

 

three years.”

 


 

Sarah Champion

 

Yvette Cooper

 

Seema Malhotra

 

Diana Johnson

 

NC19

 

Parliamentary Star - white    

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, take

 

reasonable steps to gather and consider—

 

(a)    

representations made by the person with lawful authority for C;

 

and

 

(b)    

representations made by A as to the issuing of the CAWN.

 

(4)    

A CAWN must prohibit A from being in the company of C.


 
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Revised 20 February 2015