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House of Commons

Notices of Amendments

given up to and including

Monday 23 April 2018

New Amendments handed in are marked thus

Amendments 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withdrawn amendments at the end.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

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                  

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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

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

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                  

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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

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

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

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                  

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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:

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