Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Monday 23 April 2018

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Amendments tabled since the last publication: 9 to 11 and NC1 to NC3

 

Consideration of Bill (Report Stage)


 

Assaults on Emergency Workers (Offences)


 

Bill, As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 

 


 

Philip Davies

 

NC1

 

Parliamentary Star    

To move the following Clause—

 

         

“Assaults on police constables

 

    

In Section 89(1) of the Police Act 1996, leave out from “offence” to end of

 

subsection (1) and insert—

 

    

“and liable—

 

(a)    

on summary conviction, to imprisonment for a term not

 

exceeding 12 months, or to a fine, or to both;


 
 

Notices of Amendments: 23 April 2018                  

2

 

Assaults on Emergency Workers (Offences) , continued

 
 

(b)    

on conviction on indictment, to imprisonment for a term not

 

exceeding 12 months, or to a fine, or to both.””

 

Member’s explanatory statement

 

This new clause would make assaults specifically on police constables carry the same penalty as

 

the new offence and not just the six months currently available to courts.

 


 

Philip Davies

 

NC2

 

Parliamentary Star    

To move the following Clause—

 

         

“Assaults on police constables (No. 2)

 

    

In Section 89(1) of the Police Act 1996, leave out from “offence” to end of

 

subsection (1) and insert—

 

    

“and liable—

 

(a)    

on summary conviction, to imprisonment for a term not

 

exceeding 12 months, or to a fine, or to both;

 

(b)    

on conviction on indictment, to imprisonment for a term not

 

exceeding 24 months, or to a fine, or to both.””

 

Member’s explanatory statement

 

This new clause would make assaults specifically on police constables carry greater penalties than

 

are currently available to match the new offence and also to ensure that Crown courts have greater

 

powers of sentence for the offence than magistrates’ courts.

 


 

Philip Davies

 

NC3

 

Parliamentary Star    

To move the following Clause—

 

         

“Review of impact of non-commencement of sections 154 and 282 of the

 

Criminal Justice Act 2004

 

    

If Sections 154 and 282 of the Criminal Justice Act 2003 have not come into force

 

two years after this Act has come into force the Secretary of State for Justice must

 

review the likely impact this non commencement has had on the sentences given

 

for offences affected by this Act and provide a statement to Parliament within six

 

months of the end of the two-year period detailing that impact.”

 

Member’s explanatory statement

 

This new clause would allow a review from the Secretary of State to enable insight into the impact

 

on sentences for the offences covered by the Bill that are not able to exceed six months as a result

 

of no changes being made to the sentencing powers of magistrates.

 

 



 
 

Notices of Amendments: 23 April 2018                  

3

 

Assaults on Emergency Workers (Offences) , continued

 
 

Chris Bryant

 

Holly Lynch

 

Philip Davies

 

2

 

Clause  1,  page  1,  line  3,  after “battery” insert “including spitting”

 

Member’s explanatory statement

 

This makes explicit that this section applies to incidents of assault or battery that are spitting.

 

Philip Davies

 

9

 

Parliamentary Star    

Clause  1,  page  1,  line  10,  leave out “12” and insert “24”

 

Member’s explanatory statement

 

This amendment would increase the sentence for the new offence from 12 to 24 months in Crown

 

courts to allow for longer sentences and to ensure Crown courts have greater powers of sentence

 

for the offence than magistrates’ courts.

 

Philip Davies

 

11

 

Parliamentary Star    

Clause  1,  page  2,  line  1,  leave out subsection (4) and insert—

 

“(4)    

Sections 154 and 282 of the Criminal Justice Act 2003 shall come into force.”

 

Member’s explanatory statement

 

This amendment would increase the sentencing powers of magistrates from six months to 12

 

months for a single offence and enable the sentencing in the Bill to actually be imposed in

 

magistrates’ courts.

 

Philip Davies

 

10

 

Parliamentary Star    

Clause  1,  page  2,  line  14,  at end insert—

 

“(5A)    

Offences under this Act are either way offences.”

 

Member’s explanatory statement

 

This amendment would mean that offences under the Act are to be treated as either way offences.

 


 

Chris Bryant

 

Holly Lynch

 

Jim Fitzpatrick

 

Jo Stevens

 

Mr Bob Seely

 

Liz Twist

Mohammad Yasin

Philip Davies

Caroline Lucas

 

3

 

Clause  2,  page  2,  line  39,  at end insert—

 

“(aa)    

an offence under section 3 (sexual assualt) of the Sexual Offences Act

 

2003”

 

Member’s explanatory statement

 

This causes the fact that the victim was an emergency worker to be an aggravating factor in cases

 

of sexual assault.

 



 
 

Notices of Amendments: 23 April 2018                  

4

 

Assaults on Emergency Workers (Offences) , continued

 
 

Chris Bryant

 

4

 

Page  4,  line  23,  leave out Clause 4

 


 

Chris Bryant

 

5

 

Page  6,  line  6,  leave out Clause 5

 


 

Chris Bryant

 

6

 

Page  8,  line  14,  leave out Clause 6

 


 

Chris Bryant

 

7

 

Clause  7,  page  9,  line  37,  leave out from “only,” to end of line 38

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 5.

 


 

Chris Bryant

 

8

 

Title,  line  3,  leave out from “duty;” to “and” in line 6

 

Member’s explanatory statement

 

This amendment is consequential on Amendments 4 to 6.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on 5 March 2018:

 

1

 


 

 

Revised 24 April 2018