Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Thursday 20 April 2017

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Prisons and Courts Bill


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. The amendments have been

 

arranged in accordance with the Order of the Committee [28 March 2017, as

 

amended on 18 April 2017].

 

 


 

Sir Oliver Heald

 

That the Committee do not proceed with further consideration of the Bill.

 


 

Sir Oliver Heald

 

55

 

Schedule  7,  page  111,  line  6,  leave out “11” and insert “12”

 

Member’s explanatory statement

 

The amendment corrects the cross-reference in the transitional provision.

 


 

Sir Oliver Heald

 

50

 

Clause  46,  page  47,  line  36,  at end insert—

 

“( )    

in subsection (4)—

 

(i)    

for “if all” substitute “if—

 

(a)    

all”;


 
 

Public Bill Committee: 20 April 2017                  

2

 

Prisons and Courts Bill, continued

 
 

(ii)    

at the end insert “, and

 

(b)    

the person remitted had attained the age of 18

 

before the start of those proceedings (and,

 

accordingly, section 29 of the Children and

 

Young Persons Act 1963 does not apply for the

 

purposes of proceedings relating to the

 

offence)”;

 

( )    

after subsection (4) insert—

 

“(4A)    

For the purposes of this section a person is to be taken to be the

 

age which he or she appears to the court to be after considering

 

any available evidence.

 

(4B)    

If —

 

(a)    

the court has made a decision under this section on the

 

basis that a person has attained the age of 18 years,

 

(b)    

it is proved that the person—

 

(i)    

had not attained that age at the time of the

 

decision, and

 

(ii)    

has not attained that age subsequently, and

 

(c)    

proceedings relating to the offence have not been

 

concluded by the court to which the person has been

 

remitted,

 

    

that court may remit the person to the youth court.””

 

Member’s explanatory statement

 

The amendment sets out how a youth court is to decide whether the defendant has reached 18;

 

deals with what can happen if the defendant has not in fact reached 18; and provides that, if the

 

defendant has turned 18 and the case is remitted to an adult court, the adult court must deal with

 

the defendant as an adult.

 


 

Liz Saville Roberts

 

37

 

Clause  47,  page  48,  line  5,  after “family” insert “and civil”

 

Member’s explanatory statement

 

This amendment seeks to extend the prohibition of cross-examination in person abusers being able

 

to cross examine their victims in civil as well as family courts.

 

Liz Saville Roberts

 

38

 

Clause  47,  page  48,  line  8,  after second “court” insert “, civil court”

 

Member’s explanatory statement

 

This amendment seeks to extend the prohibition of cross-examination in person abusers being able

 

to cross examine their victims in civil as well as family courts.

 

Liz Saville Roberts

 

39

 

Clause  47,  page  48,  line  18,  after “family” insert “or civil”

 

Member’s explanatory statement

 

This amendment seeks to extend the prohibition of cross-examination in person abusers being able

 

to cross examine their victims in civil as well as family courts.


 
 

Public Bill Committee: 20 April 2017                  

3

 

Prisons and Courts Bill, continued

 
 

Nick Thomas-Symonds

 

Yasmin Qureshi

 

Richard Burgon

 

87

 

Clause  47,  page  48,  line  18,  after “been” insert “cautioned for,”

 

Member’s explanatory statement

 

This amendment excludes individuals cautioned for the relevant offence from cross-examining the

 

victim, or alleged victim.

 

Liz Saville Roberts

 

40

 

Clause  47,  page  48,  line  21,  after “family” insert “or civil”

 

Member’s explanatory statement

 

This amendment seeks to extend the prohibition of cross-examination in person abusers being able

 

to cross examine their victims in civil as well as family courts.

 

Nick Thomas-Symonds

 

Yasmin Qureshi

 

Richard Burgon

 

88

 

Clause  47,  page  48,  line  23,  after “been” insert “cautioned for,”

 

Member’s explanatory statement

 

This amendment excludes the victim, or alleged victim from cross-examining any individual

 

cautioned for the relevant offence.

 

Liz Saville Roberts

 

44

 

Clause  47,  page  48,  line  37,  after “family” insert “or civil”

 

Member’s explanatory statement

 

This amendment seeks to extend the prohibition of cross-examination in person abusers being able

 

to cross examine their victims in civil as well as family courts.

 

Liz Saville Roberts

 

45

 

Clause  47,  page  48,  line  40,  after “family” insert “or civil”

 

Member’s explanatory statement

 

This amendment seeks to extend the prohibition of cross-examination in person abusers being able

 

to cross examine their victims in civil as well as family courts.

 

Liz Saville Roberts

 

46

 

Clause  47,  page  49,  line  18,  after “family” insert “and civil”

 

Member’s explanatory statement

 

This amendment seeks to extend the prohibition of cross-examination in person abusers being able

 

to cross examine their victims in civil as well as family courts.

 

Nick Thomas-Symonds

 

Yasmin Qureshi

 

Richard Burgon

 

86

 

Clause  47,  page  49,  line  32,  at end insert “or,


 
 

Public Bill Committee: 20 April 2017                  

4

 

Prisons and Courts Bill, continued

 
 

(c)    

any allegation of domestic violence has been made against the party to

 

whom the direction would apply.”

 

Member’s explanatory statement

 

This amendment would enable a direction for prohibition of cross-examination to be given

 

whenever any allegation of domestic violence has been made against the person in question.

 

Liz Saville Roberts

 

47

 

Clause  47,  page  50,  line  7,  after “family” insert “and/or civil”

 

Member’s explanatory statement

 

This amendment seeks to extend the prohibition of cross-examination in person abusers being able

 

to cross examine their victims in civil as well as family courts.

 

Liz Saville Roberts

 

42

 

Clause  47,  page  50,  line  17,  at end insert—

 

“31TA

  Direction for special measures

 

(1)    

Where an applicant of proceedings in the family or civil court has been convicted

 

of, or is charged with—

 

(a)    

an offence under section 2A of the Protection from Harassment Act 1997

 

(stalking), or

 

(b)    

any offence that the court deems to fall within the meaning of domestic

 

violence

 

    

in relation to another party to the proceedings, that party may apply for special

 

measures.”

 

Member’s explanatory statement

 

This amendment would enable a respondent to apply for special measures in the event that the

 

applicant has been convicted of, or is charged with, offences relating to stalking or domestic

 

violence.

 

Liz Saville Roberts

 

43

 

Clause  47,  page  50,  line  17,  at end insert—

 

“31TA

  Training

 

(1)    

The Lord Chancellor shall, by regulations, make provision for judges and staff of

 

the family and civil courts to undertake mandatory training, which must include

 

but shall not be restricted to, training in relation to the impact of the following on

 

any party to proceedings—

 

(a)    

stalking,

 

(b)    

harassment,

 

(c)    

domestic abuse, and

 

(d)    

coercive control.”

 

Member’s explanatory statement

 

This amendment would require judges and staff of the family and civil court to undertake

 

mandatory training in relation to the impact of stalking, harassment, domestic abuse and coercive

 

control.


 
 

Public Bill Committee: 20 April 2017                  

5

 

Prisons and Courts Bill, continued

 
 

Liz Saville Roberts

 

48

 

Clause  47,  page  50,  line  40,  after “family” insert “or civil”

 

Member’s explanatory statement

 

This amendment seeks to extend the prohibition of cross-examination in person abusers being able

 

to cross examine their victims in civil as well as family courts.

 

Liz Saville Roberts

 

49

 

Clause  47,  page  51,  line  35,  after “family” insert “or civil”

 

Member’s explanatory statement

 

This amendment seeks to extend the prohibition of cross-examination in person abusers being able

 

to cross examine their victims in civil as well as family courts.

 

Liz Saville Roberts

 

41

 

Clause  47,  page  51,  line  36,  at end insert—

 

“31VA

  Duty to inform courts of specific offences

 

(1)    

Any person applying to bring proceedings in either the family or civil court

 

must—

 

(a)    

inform the court of any current restraining order or non-molestation order

 

against them and in respect of a party to the proceedings, and

 

(b)    

inform the Crown Prosecution Service of their intention to issue such

 

proceedings.

 

(2)    

A judge in the family or civil court may prevent the commencement of

 

proceedings if it is believed beyond reasonable doubt that the application is either

 

vexatious or without merit.”

 

Member’s explanatory statement

 

This amendment would ensure that both family and civil courts are aware of any restraining order

 

or non-molestation order against the applicant in respect of the other party and it would give the

 

judge the power to prevent commencement of proceedings if it has no merit.

 


 

Sir Oliver Heald

 

56

 

Schedule  10,  page  121,  line  12,  after “holder” insert “nominated by the Senior

 

President of Tribunals”.

 

Member’s explanatory statement

 

This amendment ensures that the only judicial office holders who may direct court and tribunal

 

staff exercising functions by virtue of paragraph 2(5)(b) of Schedule A1 to the Employment

 

Tribunals Act 1996 are those judicial office holders who are nominated for the purpose by the

 

Senior President of Tribunals.

 



 
 

Public Bill Committee: 20 April 2017                  

6

 

Prisons and Courts Bill, continued

 
 

Nick Thomas-Symonds

 

Yasmin Qureshi

 

Richard Burgon

 

89

 

Schedule  11,  page  130,  line  36,  at end insert “which must include, but shall not be

 

restricted to, at least three years’ post-qualification experience as a solicitor, barrister or

 

chartered legal executive.”

 

Member’s explanatory statement

 

This amendment would ensure that any person authorised by the Lord Chief Justice to give advice

 

to judges of the family court about matters of the law must have at least three years’ post-

 

qualification experience as a solicitor, barrister or chartered legal executive.

 

Sir Oliver Heald

 

57

 

Schedule  11,  page  131,  line  13,  after “holder” insert “nominated by the Lord Chief

 

Justice”.

 

Member’s explanatory statement

 

This amendment ensures that the only judicial office holders who may direct court and tribunal

 

staff exercising functions by virtue of section 31O(6)(b) of the Matrimonial and Family

 

Proceedings Act 1984 are those judicial office holders who are nominated for the purpose by the

 

Lord Chief Justice.

 

Sir Oliver Heald

 

58

 

Schedule  11,  page  131,  line  20,  at end insert—

 

“Criminal Justice Act 1991

 

16A      

In Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of

 

certain orders), in paragraph 11(7)(b), for “clerk of” substitute “designated

 

officer for”.

 

Criminal Procedure (Scotland) Act 1995

 

16B      

In Schedule 13 (transfer of community payback orders), in paragraph 5(4)(a),

 

omit “the clerk of”.”

 

Member’s explanatory statement

 

This amendment removes references to justices’ clerks from Schedule 3 to the Criminal Justice Act

 

1991 and Schedule 13 to the Criminal Procedure (Scotland) Act 1995. The references will no

 

longer be needed following the abolition of the post of justices’ clerk by the Bill.

 

Sir Oliver Heald

 

59

 

Schedule  11,  page  131,  line  36,  at end insert—

 

“20A      

In Schedule 3 (procedure where persons are sent for trial under section 51), in

 

paragraph 6(9)(a), omit “the clerk of”.

 

Licensing Act 2003

 

20B      

In section 131 of the Licensing Act 2003 (court’s duty to notify licensing

 

authority of convictions), in subsection (5)(a), for “clerk of” substitute

 

“designated officer for”.”

 

Member’s explanatory statement

 

This amendment removes references to justices’ clerks from Schedule 3 to the Crime and Disorder

 

Act 1998 and section 131 of the Licensing Act 2003. The references will no longer be needed

 

following the abolition of the post of justices’ clerk by the Bill.


 
 

Public Bill Committee: 20 April 2017                  

7

 

Prisons and Courts Bill, continued

 
 

Nick Thomas-Symonds

 

Yasmin Qureshi

 

Richard Burgon

 

90

 

Schedule  11,  page  132,  line  23,  at end insert “which must include, but shall not be

 

restricted to, at least three years’ post-qualification experience as a solicitor, barrister or

 

chartered legal executive.”

 

Member’s explanatory statement

 

This amendment would ensure that any person authorised by the Lord Chief Justice to give advice

 

to justices of the peace about matters of law must have at least three years’ post-qualification

 

experience as a solicitor, barrister or chartered legal executive.

 

Sir Oliver Heald

 

60

 

Schedule  11,  page  132,  line  37,  after “holder” insert “nominated by the Lord Chief

 

Justice”.

 

Member’s explanatory statement

 

This amendment ensures that the only judicial office holders who may direct court and tribunal

 

staff exercising functions by virtue of section 28(5)(b) of the Courts Act 2003 are those judicial

 

office holders who are nominated for the purpose by the Lord Chief Justice.

 

Sir Oliver Heald

 

61

 

Schedule  11,  page  133,  line  11,  after “holder” insert “nominated by the Lord Chief

 

Justice”.

 

Member’s explanatory statement

 

This amendment ensures that the only judicial office holders who may direct court and tribunal

 

staff exercising functions by virtue of section 29(3)(b) of the Courts Act 2003 are those judicial

 

office holders who are nominated for the purpose by the Lord Chief Justice.

 

Sir Oliver Heald

 

62

 

Schedule  11,  page  134,  line  22,  after “holder” insert “nominated by the Lord Chief

 

Justice”.

 

Member’s explanatory statement

 

This amendment ensures that the only judicial office holders who may direct court and tribunal

 

staff exercising functions by virtue of section 67A(5)(b) of the Courts Act 2003 are those judicial

 

office holders who are nominated for the purpose by the Lord Chief Justice.

 

Nick Thomas-Symonds

 

Yasmin Qureshi

 

Richard Burgon

 

120

 

Schedule  11,  page  134,  line  33,  at end insert—

 

“(10)    

A party to any decision made by an authorised person exercising, by virtue of

 

rules of court, a function of a court or judge, may apply in writing to have the

 

decision considered afresh by a judge within 14 days.”

 

Member’s explanatory statement

 

This amendment ensures that any decision made by a case officer, or person authorised to exercise

 

the functions of a court, can be subject to a right of reconsideration by a judge.


 
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Revised 19 April 2017