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Consideration of Bill: 23 February 2015                  

1627

 

Serious Crime Bill-[ [], continued

 
 

2B      

Contents and service of a child abduction warning notice

 

(1)    

A CAWN 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

 

CAWN;

 

(c)    

that an application for a child abduction warning order under

 

section 2D will be heard within 48 hours of the time of service of

 

the CAWN and a notice of the hearing will be given to A;

 

(d)    

that the CAWN continues in effect until that application has been

 

determined; and

 

(e)    

the provisions that a magistrates’ court may include in a child

 

abduction warning order (CAWO) under sections 2D and 2E.

 

(2)    

A CAWN must be in writing and must be served on A personally by a

 

constable.

 

(3)    

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

 

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

 

for the child abduction warning order.

 

2C      

Breach of a child abduction warning notice

 

(1)    

A person arrested by virtue of section 2B(1)(b) for a breach of a CAWN

 

must be held in custody and brought before the magistrates’ court which

 

will hear the application for a child abduction warning order (CAWO)

 

under sections 2D and 2E—

 

(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)

 

of this section 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)

 

of this section 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.


 
 

Consideration of Bill: 23 February 2015                  

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Serious Crime Bill-[ [], continued

 
 

(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 for 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 one or more of the criteria in section 2A(2)(a)-(c) 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.

 

(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).


 
 

Consideration of Bill: 23 February 2015                  

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Serious Crime Bill-[ [], 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

 

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.

 

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)    

The guidance must set out the behaviours associated with “giving

 

significant cause for concern”, including, in particular, behaviours

 

associated with giving cause for concern of sexual exploitation or

 

grooming.

 

(3)    

A constable must have regard to any guidance issued under subsection

 

(1) when exercising a function to which the guidance relates.

 

(4)    

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.””

 

Member’s explanatory statement

 

This amendment establishes child abduction warning notices (CAWNs) on a statutory basis,

 

addressing concerns raised in the House of Lords on the issue, by introducing a two-stage process

 

providing judicial oversight, without compromising the ability of the police to issue a CAWN

 

without delay. The proposed process is similar to that in place for Domestic Violence Prevention

 

Notices/Domestic Violence Prevention Orders (DVPN/DVPO).

 



 
 

Consideration of Bill: 23 February 2015                  

1630

 

Serious Crime Bill-[ [], continued

 
 

Seema Malhotra

 

Diana Johnson

 

Jack Dromey

 

Mr Steve Reed

 

NC22

 

To move the following Clause

 

         

“Offence of child exploitation

 

(1)    

A person commits an offence if they exploit a child.

 

(2)    

A child may be in a situation of exploitation whether or not—

 

(a)    

escape from the situation is practically possible for the child; or

 

(b)    

the child has attempted to escape from the situation.

 

(3)    

The consent or apparent consent of the child to the exploitation is irrelevant.

 

(4)    

“Child Exploitation” includes but is not limited to, the exploitation of the

 

prostitute of others or other forms of sexual exploitation; the exploitation of

 

labour or services including begging or practices similar to slavery, servitude or

 

forced or compulsory labour; the exploitation of or for criminal activities

 

including benefit fraud; the removal of organs; forced or servile marriage or

 

enforced surrogacy; exploitation for unlawful adoption; and exploitation by

 

enforced drugs smuggling, manufacture, production or distribution.

 

(5)    

A person guilty of an offence under this section is liable—

 

(a)    

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

 

months or a fine not exceeding the statutory maximum or both;

 

(b)    

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

 

14 years.”

 


 

Seema Malhotra

 

Diana Johnson

 

Jack Dromey

 

Mr Steve Reed

 

NC26

 

To move the following Clause

 

         

“Automatic Special Measures: controlling or coercive behaviour cases

 

The Youth Justice and Criminal Evidence Act 1999 is amended as follows—

 

In section 17, after “offence” insert “an offence of controlling or coercive

 

behaviour in an intimate or family setting contrary to section 73 of the Serious

 

Crime Act 2015.””

 



 
 

Consideration of Bill: 23 February 2015                  

1631

 

Serious Crime Bill-[ [], continued

 
 

Nicola Blackwood

 

NC27

 

To move the following Clause

 

         

“Offence of abduction of child by other person

 

(1)    

In section 2 of the Child Abduction Act 1984, after subsection (1), insert—

 

“(1A)    

Subject to subsection (3)(a)-(c), a person, other than one mentioned in

 

subsection (2), commits an offence if, without lawful authority or

 

reasonable excuse, he takes or detains a child between the ages of sixteen

 

and eighteen—

 

(a)    

so as to remove him from the lawful control of any person having

 

lawful control of the child; or

 

(b)    

so as to keep him out of the lawful control of any person entitled

 

to lawful control of the child.”

 

(2)    

In section 2(3) of the Child Abduction Act 1984, for paragraph (b) substitute—

 

“(b)    

that, at the time of the alleged offence under subsection 2(1), he

 

believed that the child had attained the age of sixteen,

 

(bA)    

that, at the time of the alleged offence under subsection 2(2), he

 

believed the child had attained the age of eighteen,””

 


 

Sir William Cash

 

Pauline Latham

 

20

 

Clause  72,  page  63,  line  27,  leave out “the” and insert “a risk of”

 


 

Norman Baker

 

21

 

Clause  73,  page  78,  line  22,  leave out “he or she was acting” and insert “their

 

behaviour was necessary in order to act, and”

 

Norman Baker

 

22

 

Clause  73,  page  78,  line  23,  at end insert—

 

“(aa)    

a reasonable person in possession of the same information would think

 

that A’s behaviour was necessary in order to act in B’s best interests.”

 



 
 

Consideration of Bill: 23 February 2015                  

1632

 

Serious Crime Bill-[ [], continued

 
 

New Clauses and New Schedules Relating to Abortion

 

Fiona Bruce

 

Robert Flello

 

Steve Baker

 

Mr David Burrowes

 

Mr Dominic Grieve

 

Sir David Amess

 

Mr Joe Benton

 

Richard Benyon

 

Jake Berry

 

Mr Brian Binley

 

Bob Blackman

 

Mr Graham Brady

 

Angie Bray

 

Mr Peter Bone

 

Sir Peter Bottomley

 

Conor Burns

 

Paul Burstow

 

Alistair Burt

 

Mr Ronnie Campbell

 

Sir William Cash

 

Martin Caton

 

Mr Tom Clarke

 

Ann Clwyd

 

Oliver Colvile

 

Michael Connarty

 

Rosie Cooper

 

Alex Cunningham

 

David T.C. Davies

 

Nick de Bois

 

Mr Nigel Dodds

 

Mr Jefffrey M. Donaldson

 

Mark Durkan

 

Bill Esterson

 

Jonathan Evans

 

Mr Nigel Evans

 

Mr Frank Field

 

Dr Liam Fox

 

Sir Roger Gale

 

Mrs Cheryl Gillan

 

Mr James Gray

 

Damian Green

 

Mr Dai Havard

 

Chris Heaton-Harris

 

John Hemming

 

Mr Mark Hoban

 

Kate Hoey

 

Mr Philip Hollobone

 

Kelvin Hopkins

 

Sir Gerald Howarth

 

Mr Stewart Jackson

 

Jeremy Lefroy

 

Sir Edward Leigh

 

Naomi Long

 

Sir Peter Luff

 

Mark Menzies

 

Mr David Nuttall

 

Mr Mark Prisk

 

Jacob Rees-Mogg

 

Jim Shannon

 

Mr Virendra Sharma

 

Jim Sheridan

 

David Simpson

 

Henry Smith

 

Mrs Caroline Spelman

 

John Stevenson

 

Sarah Teather

 

Mr Michael Thornton

 

Martin Vickers

 

Dame Angela Watkinson

 

Craig Whittaker

 

Bill Wiggin

 

Paul Maynard

 

Mr Alan Reid

 

Mr Christopher Chope

 

Mrs Mary Glindon

 

Gordon Henderson

 

Mr Dave Watts

 

Mr Charles Walker

 

Sir Nick Harvey

 

Mark Pritchard

 

Mr Gary Streeter

 

Graham Evans

 

Mark Reckless

 

Daniel Kawczynski

 

Karl McCartney

 

Stephen McPartland

 

Mr Laurence Robertson

 

Mr Douglas Carswell

 

Mr Gregory Campbell

 

David Simpson

 

Dr Julian Lewis

 

Ms Margaret Ritchie

 

Jackie Doyle-Price

 

Stephen Pound

 

Thomas Docherty

 

Sammy Wilson

 

Pat Glass

 

Sir Alan Beith

 

Mr Jim Cunningham

 

Charlotte Leslie

 

Mr Gordon Marsden

 

Peter Aldous

 

Sir James Paice

 

Sir Greg Knight

 

John Pugh

 

Nadine Dorries

 

NC1

 

To move the following Clause

 

         

“Termination of pregnancy on the grounds of the sex of the unborn child

 

Nothing in section 1 of the Abortion Act 1967 is to be interpreted as allowing a

 

pregnancy to be terminated on the grounds of the sex of the unborn child.”

 



 
 

Consideration of Bill: 23 February 2015                  

1633

 

Serious Crime Bill-[ [], continued

 
 

Ann Coffey

 

Jenny Willott

 

Dame Tessa Jowell

 

Valerie Vaz

 

Sarah Newton

 

Dr Sarah Wollaston

 

Fiona Mactaggart

 

Dr Julian Huppert

 

Mr Elfyn Llwyd

 

NC25

 

To move the following Clause

 

         

“Termination of pregnancy on grounds of sex of foetus

 

(1)    

The Secretary of State shall arrange for an assessment to be made of the evidence

 

of  termination of pregnancy on the grounds of the sex of the foetus in England,

 

Wales and Scotland.

 

(2)    

The arrangements made under subsection (1) shall be such as to enable

 

publication of the assessment by the Secretary of State within 6 months of the

 

date of Royal Assent to this Act.

 

(3)    

The Secretary of State shall consider the assessment made under subsection (1)

 

and—

 

(a)    

determine and publish a strategic plan to tackle substantiated concerns

 

identified in the assessment made under subsection (1); or

 

(b)    

publish a statement and explanation in relation to why a plan under

 

subsection (3)(a) is not required.

 

(4)    

Any strategic plan under subsection (3)(a) must include, but need not be limited

 

to, steps—

 

(a)    

to promote change in the social and cultural patterns of behaviour with a

 

view to eradicating prejudices, customs, traditions and all other practices

 

which are based on the idea of the inferiority of women and which may

 

amount to pressure to seek a termination on the grounds of the sex of the

 

foetus;

 

(b)    

to ensure best practice exists in identifying women being coerced or

 

pressured into seeking a termination on the grounds of the sex of the

 

foetus, or at risk of being so, and in the provision of protection and

 

support to potential victims; and

 

(c)    

to promote guidance to service providers, health professionals and other

 

stakeholders.

 

(5)    

The Secretary of State must lay a copy of the plan, determined under subsection

 

(3)(a), before each House of Parliament within 6 months of the publication date

 

of the assessment under subsection (2).”

 



 
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Revised 23 February 2015