Session 2014 - 15
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(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.

 

(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.


 
 

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(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.

 

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.””

 



 
 

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Diana Johnson

 

Jack Dromey

 

Seema Malhotra

 

Mr Steve Reed

 

Not called  NC20

 

To move the following Clause

 

         

“Prevention of firearms offences

 

In the Firearms Act 1968 insert—

 

“28B  

Assessing public safety

 

(1)    

When assessing the threat to public safety under sections 27, 28, 30A,

 

30B or 30C the Chief Police Officer must ensure that a range of

 

background checks are performed.

 

(2)    

Where these checks uncover substantiated evidence of violent conduct or

 

domestic violence, the Chief Police Officer should refuse the licence

 

application unless exceptional evidence can be brought forward by the

 

applicant as to their suitability to possess a weapon.

 

(3)    

When assessing public safety within this section the Chief Police Officer

 

must follow any guidance issued by the Secretary of State.

 

(4)    

The Secretary of State must ensure adequate resourcing of licence

 

applications and consult with Chief Police Officers to ensure the level of

 

fees collected by the Police under sections 32 and 35 are sufficient for the

 

Police to recoup the costs they incur through the administration and

 

assessment of firearms licences issued or applied for under this Act.””

 


 

Seema Malhotra

 

Diana Johnson

 

Jack Dromey

 

Mr Steve Reed

 

Not called  NC21

 

To move the following Clause

 

         

“New psychoactive substances

 

(1)    

It is an offence for a person to supply, or offer to supply, a synthetic psychoactive

 

substance, including but not restricted to—

 

(a)    

a powder;

 

(b)    

a pill;

 

(c)    

a liquid; or

 

(d)    

a herbal substance with the appearance of cannabis,

 

    

which he knows, or has reasonable cause to believe, to be so acting, that the

 

substance is likely to be consumed by a person for the purpose of causing

 

intoxication.

 

(2)    

This section does not apply to alcohol, tobacco, or any drug currently scheduled

 

under the Misuse of Drugs Act 1971 or the Medicines Act 1968 or any substance,

 

product or foodstuff specified by the Secretary of State following consultation

 

with the Advisory Council on the Misuse of Drugs.


 
 

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(3)    

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.”

 


 

Seema Malhotra

 

Diana Johnson

 

Jack Dromey

 

Mr Steve Reed

 

Not called  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.”

 



 
 

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504

 

, continued

 
 

Ann Coffey

 

Jenny Willott

 

Dame Tessa Jowell

 

Valerie Vaz

 

Sarah Newton

 

Dr Sarah Wollaston

 

Fiona Mactaggart

 

Dr Julian Huppert

 

Mr Elfyn Llwyd

 

 

Agreed to on division  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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505

 

, continued

 
 

Seema Malhotra

 

Diana Johnson

 

Jack Dromey

 

Mr Steve Reed

 

Not called  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.””

 


 

Nicola Blackwood

 

Not called  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,””

 


 

Stephen Barclay

 

Mark Durkan

 

Pauline Latham

 

Not called  NC28

 

To move the following Clause

 

         

“Proceeds of Crime: detection and prevention of money-laundering measures

 

The Proceeds of Crime Act is amended as follows—

 

In section 335, after subsection (6), insert—


 
 

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, continued

 
 

“(6A)    

Where the National Crime Agency has reasonable grounds to believe

 

that—

 

(a)    

activity that gave rise to a Suspicious Activity Report is related

 

to money-laundering; and

 

(b)    

there is a realistic prospect of investigating the case effectively,

 

    

the Agency may seek an order from the court for an extension, for a

 

period of up to a further 31 days, of the moratorium period under section

 

(6).

 

(6B)    

An order under subsection (6A) may be granted where the court is

 

satisfied that that criteria in that subsection have been met.”

 


 

Secretary Theresa May

 

Agreed to  1

 

Clause  65,  page  52,  line  45,  at end insert—

 

“( )    

An application to a sheriff for an order under section 60, 61, 63 or 64 must be

 

made by summary application.”

 

Sir William Cash

 

Pauline Latham

 

Negatived on division  20

 

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

 

Norman Baker

 

Not called  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

 

Not called  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.”

 

Secretary Theresa May

 

Agreed to  2

 

Clause  80,  page  83,  line  24,  at end insert—

 

“( )    

Subsection (7) of section (Child sexual exploitation) and paragraph 1A of

 

Schedule 4 do not apply in the case of an offence proceedings for which are

 

started before the commencement of that subsection.”


 
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