Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 29 March 2017

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Public Bill Committee


 

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includes any withdrawn amendments at the end.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].

 

 


 

NEW CLAUSES

 

Ms Harriet Harman

 

Alison McGovern

 

Naz Shah

 

Rachel Reeves

 

Anna Turley

 

Liz Kendall

Stephen Doughty

Dame Margaret Hodge

Ann Coffey

Yvette Cooper

Jess Phillips

Seema Malhotra

Ms Karen Buck

Catherine McKinnell

Ms Angela Eagle

Holly Lynch

Mary Creagh

Fiona Mactaggart

Stella Creasy

Lilian Greenwood

Ruth Cadbury

Lucy Powell

Lisa Nandy

Gloria De Piero

Ruth Smeeth

Melanie Onn

Jo Stevens


 
 

Notices of Amendments: 29 March 2017                  

2

 

Prisons and Courts Bill, continued

 
 

Diana Johnson

Helen Hayes

Dr Rosena Allin-Khan

Kate Green

Angela Smith

Rushanara Ali

Valerie Vaz

Caroline Lucas

Tulip Siddiq

 

NC1

 

To move the following Clause—

 

         

“Youth Justice and Criminal Evidence Act 1999: Amendment

 

(1)    

Section 41 of the Youth Justice and Criminal Evidence Act 1999 (restriction on

 

evidence or questions about complainant’s sexual history) is amended as follows.

 

(2)    

In subsection (1), leave out “, except with the leave of the court”.

 

(3)    

Leave out subsections (2) to (8).”

 

Member’s explanatory statement

 

This new clause would ensure that no evidence can be adduced and no questions may be asked in

 

cross-examination by or on behalf of the accused about any sexual behaviour of a complainant.

 


 

Conor McGinn

 

NC2

 

To move the following Clause—

 

         

“Parole Board: victims remains

 

(1)    

The Secretary of State must by regulation make provision to ensure that any

 

Parole Board will not consider applications from any individual who—

 

(a)    

is serving a prison sentence for murder; and

 

(b)    

withholds relevant knowledge in their possession for the purposes of

 

facilitating the location and recovery of the remains of the victim.

 

(2)    

In section (1) Parole Board has the same meaning as in The Parole Board Rules

 

2016.”

 

Member’s explanatory statement

 

This new clause restricts granting parole where the offender refuses to disclose the location of

 

victim’s remains.

 


 

Liz Saville Roberts

 

Hywel Williams

 

Jonathan Edwards

 

NC3

 

To move the following Clause—

 

         

“Devolution of responsibility for prisons: Wales

 

(1)    

Schedule 7A to the Government of Wales Act 2006 is amended as follows.

 

(2)    

Leave out paragraph 175.”

 

Member’s explanatory statement

 

This new clause devolves responsibility for prisons and associated bodies to the Welsh Assembly.

 



 
 

Notices of Amendments: 29 March 2017                  

3

 

Prisons and Courts Bill, continued

 
 

Liz Saville Roberts

 

Hywel Williams

 

Jonathan Edwards

 

NC4

 

To move the following Clause—

 

         

“Review of Community Rehabilitation Companies

 

(1)    

The Secretary of State shall commission an annual review of the performance of

 

Community Rehabilitation Companies in England and Wales.

 

(2)    

The review under subsection (1) shall consider the reform and rehabilitation of

 

offenders.

 

(3)    

The Secretary of State may transfer the management of such a company to HM

 

Prisons and Probation Service.”

 

Member’s explanatory statement

 

This new clause would compel the Secretary of State to undertake a review of Community

 

Rehabilitation Companies and confer powers on the Secretary of State to move any failing

 

Companies into the management of HM Prisons and Probation Service.

 


 

Holly Lynch

 

Liz Saville Roberts

 

NC5

 

To move the following Clause—

 

         

“Assaults on prison officers

 

(1)    

Any person who assaults a prison officer in the execution of his duty, or a person

 

assisting a prison officer in the execution of his duty, shall be guilty of an offence

 

and 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 2

 

years or a find or both.

 

(2)    

In this section “prison officer” has the same meaning as the Prison Act 1952.”

 

Member’s explanatory statement

 

This new clause would create an offence of assaulting a prison officer in the execution of his duty.

 



 
 

Notices of Amendments: 29 March 2017                  

4

 

Prisons and Courts Bill, continued

 
 

Holly Lynch

 

Liz Saville Roberts

 

NC6

 

To move the following Clause—

 

         

“Testing prisoners blood following assault  

 

(1)    

The Prison Act 1952 is amended as follows.

 

(2)    

After section 16B insert—

 

         

“Power to test prisoners blood

 

(1)    

If an authorisation is in force for the prison, any prison officer may, at the

 

prison, in accordance with prison rules, require any prisoner who is

 

confined in the prison to provide a sample of blood for the purpose of

 

investigating assaults including spitting and biting, carried out by the

 

prisoner.

 

(2)    

If the authorisation so provides, the power conferred by subsection (1)

 

above shall include power—

 

(a)    

to require a prisoner to provide a sample of urine, whether

 

instead of or in addition to a sample of blood, and

 

(b)    

to require a prisoner to provide a sample of any other description

 

specified in the authorisation, not being an intimate sample,

 

whether instead of or in addition to a sample of blood, a sample

 

of urine or both.

 

(3)    

In this section—

 

“authorisation” means an authorisation by the governor;

 

“intimate sample” has the same meaning as in Part V of the Police

 

and Criminal Evidence Act 1984;

 

“prison officer” includes a prisoner custody officer within the

 

meaning of Part IV of the Criminal Justice Act 1991;

 

“prison rules” means rules under section 47 of this Act”

 

(4)    

A person commits an offence if that person fails to comply with requests

 

to provide samples under subsection (2).

 

(5)    

A person guilty of an offence falling within subsection (4) shall be liable

 

on summary conviction to—

 

(a)    

imprisonment for a period not exceeding 51 weeks,

 

(b)    

a fine not exceeding level 5 on the standard scale, or

 

(c)    

both.””

 

Member’s explanatory statement

 

This new clause to the Prison Act 1952 gives prison officers the power to require a blood sample

 

where the prisoner is accused of certain assaults.

 



 
 

Notices of Amendments: 29 March 2017                  

5

 

Prisons and Courts Bill, continued

 
 

Holly Lynch

 

NC7

 

To move the following Clause—

 

         

“Compensation awards

 

(1)    

Where a person is—

 

(a)    

serving a prison sentence for a terrorist offence, and

 

(b)    

is entitled to compensation due to injuries sustained in prison,

 

    

the Secretary of State must apply to the Court to ensure any compensation

 

awarded is held in a trust.

 

(2)    

For the purposes of subsection (1) a “trust” is a fund that is managed by a person

 

or group of people (trustees) on behalf of the individual and the individual is the

 

beneficiary of the trust, but may not benefit while in prison.”

 

Member’s explanatory statement

 

This new clause requires the Secretary of State to apply to the Court in situations where

 

compensation due to injuries sustained in prison is due to be paid to someone serving a sentence

 

for a terrorist offence, in order for any monies to be held in a trust.

 


 

Richard Burgon

 

Yasmin Qureshi

 

Nick Thomas-Symonds

 

Caroline Lucas

 

NC8

 

To move the following Clause—

 

         

“Report on overcrowding in prisons

 

The Secretary of State must prepare and publish an annual report on progress

 

made towards eliminating the overcrowding of prisons and must lay a copy of the

 

report before Parliament.”

 

Member’s explanatory statement

 

This new clause requires the Secretary of State to publish an annual report on progress towards

 

eliminating overcrowding.

 



 
 

Notices of Amendments: 29 March 2017                  

6

 

Prisons and Courts Bill, continued

 
 

Richard Burgon

 

Yasmin Qureshi

 

Nick Thomas-Symonds

 

NC9

 

To move the following Clause—

 

         

“Response to annual report of the Independent Monitoring Board

 

The Secretary of State must prepare and publish a response to the annual report

 

of the independent monitoring board for any prison, not later than 90 days after

 

the report has been received by the Secretary of State.”

 

Member’s explanatory statement

 

This new clause requires the Secretary of State to respond to IMBs’ annual reports within 90 days.

 


 

Richard Burgon

 

Yasmin Qureshi

 

Nick Thomas-Symonds

 

NC10

 

To move the following Clause—

 

         

“Prisons: purpose and the role of legal assistance

 

(1)    

The Secretary of State must bring forward regulations under section 15(1) of the

 

Legal Aid, Sentencing and Punishment of Offenders Act 2012.

 

(2)    

The regulations brought forward under subsection (1) must specify that the

 

conditions set out in subsection (3) are prescribed conditions.

 

(3)    

The conditions are that an individual must—

 

(a)    

require advice and assistance regarding a sentence;

 

(b)    

require advice and assistance regarding the individual’s treatment or

 

discipline in a prison (other than in regard of actual or contemplated

 

proceedings regarding personal injury, death or damage to property);     

 

(c)    

be the subject of proceedings before the Parole Board; or 

 

(d)    

require advice and assistance regarding representation in relation to a

 

mandatory life sentence or other parole board review.

 

(4)    

For the purposes of this section—

 

“treatment” includes, but is not limited to—

 

(a)    

eligibility for placement in a mother and baby unit; and

 

(b)    

segregation and placement in a Close Supervision Centre.

 

“discipline” includes, but is not limited to, disciplinary proceedings where

 

no  additional days may be awarded. 

 

“sentence” includes, but is not limited to—

 

(a)    

categorisation;

 

(b)    

resettlement and licence conditions; 

 

(c)    

sentence calculation and sentence progression; and 

 

(d)    

access to offending behaviour work.


 
 

Notices of Amendments: 29 March 2017                  

7

 

Prisons and Courts Bill, continued

 
 

“prescribed conditions” are conditions prescribed for the purposes of

 

section 15(1)  of the Legal Aid, Sentencing and Punishment of Offenders

 

Act 2012.  

 

“prison” includes a young offender institution, secure training centre or any

 

place  designated by the Secretary of State as a place for a person to be

 

detained.”

 


 

Richard Burgon

 

Yasmin Qureshi

 

Nick Thomas-Symonds

 

NC11

 

To move the following Clause—

 

         

“Annual review of prison conditions

 

The Secretary of State shall commission an annual review of prison conditions

 

and lay the report of the evaluation before each House of Parliament, the

 

evaluation shall include, but not be limited to the following—

 

(a)    

instances on which prison officers use force on prisoners;

 

(b)    

injuries sustained by prisoners through the use of force by prison officers

 

and the severity of injuries sustained;

 

(c)    

prisoner deaths resulting from the use of force by prison officers;

 

(d)    

instances of prisoner on prisoner assault ;

 

(e)    

instances when prisoners self-harm;

 

(f)    

self-harming prisoners;

 

(g)    

prisoner suicides;

 

(h)    

other non-natural deaths in custody;

 

(i)    

deaths resulting from a lack of appropriate medical treatment;

 

(j)    

injuries sustained by prisoner officers through contact with prisoners and

 

the severity of injuries sustained;

 

(k)    

instances of prisoner on prison officer assault.”

 

Member’s explanatory statement

 

This new clause ensures the Secretary of State reviews prison conditions with reference to known

 

protected characteristics of prisoners under section 149(7) of the Equality Act.

 


 

Richard Arkless

 

NC12

 

To move the following Clause—

 

         

“Private Prison Review

 

(1)    

The Secretary of State must prepare and publish a review into the effectiveness

 

of private prisons in comparison to public prisons.

 

(2)    

The review must in particular include, but is not limited to—

 

(a)    

prison to prison officer ratio,

 

(b)    

re-incarceration rates,


 
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Revised 29 March 2017