1

House of Commons

Notices of Amendments

given up to and including

Tuesday 24 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: NC4 to NC18

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withdrawn amendments at the end.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: 24 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 2003

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: 24 April 2018                  

3

Assaults on Emergency Workers (Offences) , continued

Philip Davies

NC4

To move the following Clause—

“Assaults in prison

In Section 243A of the Criminal Justice Act 2003, after subsection (2) insert—

“(2A)    

Subsection (2) does not apply if the prisoner has assaulted any person

listed in Section 3 of the Assaults on Emergency Workers (Offences) Act

2018 during the course of their sentence.””

Member’s explanatory statement

This new clause would mean that a prisoner serving a sentence of less than 12 months who

assaulted an emergency worker during that sentence would not be eligible for automatic release.

Philip Davies

NC5

To move the following Clause—

“Assaults in prison (No.2)

In Section 244 of the Criminal Justice Act 2003, after subsection (1A) insert—

“(1B)    

Subsection (1) does not apply if the prisoner has assaulted any person

listed in Section 3 of the Assaults on Emergency Workers (Offences) Act

2018 during the course of their sentence.””

Member’s explanatory statement

This new clause would mean that a prisoner serving a fixed term sentence of more than 12 months

who assaulted an emergency worker during that sentence would not be eligible for automatic

release.

Philip Davies

NC6

To move the following Clause—

“Assaults in prison (No.3)

In Section 246 of the Criminal Justice Act 2003, after subsection (4)(i) insert—

“(j)    

the prisoner has assaulted any person listed in Section 3 of the

Assaults on Emergency Workers (Offences) Act 2018 during the

course of their sentence.””

Member’s explanatory statement

This new clause would mean that a prisoner serving a fixed term sentence of more than 12 months

who assaulted an emergency worker during that sentence would not be eligible for early release.

Notices of Amendments: 24 April 2018                  

4

Assaults on Emergency Workers (Offences) , continued

Philip Davies

NC7

To move the following Clause—

“Assaults in prison (No.4)

(1)    

In Section 246A of the Criminal Justice Act 2003, in subsection (2) after “unless”

for “either or both” substitute “any”.

(2)    

In Section 246A of the Criminal Justice Act 2003, after subsection (2)(b) insert—

“(c)    

the prisoner has assaulted any person listed in Section 3 of the

Assaults on Emergency Workers (Offences) Act 2018 during the

course of their sentence.””

Member’s explanatory statement

This new clause would mean that a prisoner serving an extended sentence under Sections 226A

and 226B of the Criminal Justice Act 2003 who assaulted an emergency worker during that

sentence would not be eligible for automatic release after the requisite period.

Philip Davies

NC8

To move the following Clause—

“Assaults in prison (No.5)

In Section 247 of the Criminal Justice Act 2003, after subsection 2 insert—

“(3)    

Subsection (2) does not apply if the prisoner has assaulted any person

listed in Section 3 of the Assaults on Emergency Workers (Offences) Act

2018 during the course of their sentence.””

Member’s explanatory statement

This new clause would mean that a prisoner serving an extended sentence under Sections 227 and

228 of the Criminal Justice Act 2003 who assaulted an emergency worker during that sentence

would not be eligible for automatic release after the requisite period.

Philip Davies

NC9

To move the following Clause—

“Assaults in prison (No.6)

In Section 243A of the Criminal Justice Act 2003, after subsection (2) insert—

“(2A)    

Subsection (2) does not apply if the prisoner has assaulted any person

listed in Section 3, subsections (d), (e) or (f) of the Assaults on

Emergency Workers (Offences) Act 2018 during the course of their

sentence.””

Notices of Amendments: 24 April 2018                  

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Assaults on Emergency Workers (Offences) , continued

Member’s explanatory statement

This new clause would mean that a prisoner serving a sentence of less than 12 months who

assaulted a prison officer or anyone carrying out the same functions as a prison officer or a prison

custody officer during that sentence would not be eligible for automatic release.

Philip Davies

NC10

To move the following Clause—

“Assaults in prison (No.7)

In Section 244 of the Criminal Justice Act 2003, after subsection (1A) insert—

“(1B)    

Subsection (1) does not apply if the prisoner has assaulted any person

listed in Section 3 subsections (d), (e) or (f) of the Assaults on Emergency

Workers (Offences) Act 2018 during the course of their sentence.””

Member’s explanatory statement

This new clause would mean that a prisoner serving a fixed term sentence of more than 12 months

who assaulted a prison officer or anyone carrying out the same functions as a prison officer or a

prison custody officer during that sentence would not be eligible for automatic release.

Philip Davies

NC11

To move the following Clause—

“Assaults in prison (No.8)

In Section 246 of the Criminal Justice Act 2003, after subsection (4)(i) insert—

“(j)    

the prisoner has assaulted any person listed in Section 3

subsections (d), (e) or (f) of the Assaults on Emergency Workers

(Offences) Act 2018 during the course of their sentence.””

Member’s explanatory statement

This new clause would mean that a prisoner serving a fixed term sentence of more than 12 months

who assaulted a prison officer or anyone carrying out the same functions as a prison officer or a

prison custody officer during that sentence would not be eligible for early release.

Philip Davies

NC12

To move the following Clause—

“Assaults in prison (No.9)

(1)    

In Section 246A of the Criminal Justice Act 2003, in subsection (2) after “unless”

for “either or both” substitute “any”.

Notices of Amendments: 24 April 2018                  

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Assaults on Emergency Workers (Offences) , continued

(2)    

In Section 246A of the Criminal Justice Act 2003, after subsection (2)(b) insert—

“(c)    

the prisoner has assaulted any person listed in Section 3

subsections (d), (e) or (f) of the Assaults on Emergency Workers

(Offences) Act 2018 during the course of their sentence.””

Member’s explanatory statement

These new clause would mean that a prisoner serving an extended sentence under Sections 226A

and 226B of the Criminal Justice Act 2003 who assaulted a prison officer or anyone carrying out

the same functions as a prison officer or a prison custody officer during that sentence would not

be eligible for automatic release after the requisite period.

Philip Davies

NC13

To move the following Clause—

“Assaults in prison (No.10)

In Section 247 of the Criminal Justice Act 2003, after subsection (2) insert—

“(3)    

Subsection (2) does not apply if the prisoner has assaulted any person

listed in Section 3 subsections (d), (e) or (f) of the Assaults on Emergency

Workers (Offences) Act 2018 during the course of their sentence.””

Member’s explanatory statement

This new clause would mean that a prisoner serving an extended sentence under Sections 227 and

228 of the Criminal Justice Act 2003 who assaulted a prison officer or anyone carrying out the

same functions as a prison officer or a prison custody officer during that sentence would not be

eligible for automatic release after the requisite period.

Philip Davies

NC14

To move the following Clause—

“Assaults in prison (No.11)

In Section 243A of the Criminal Justice Act 2003, after subsection (2) insert—

“(2A)    

Subsection (2) does not apply if the prisoner has assaulted a prison officer

during the course of their sentence.””

Member’s explanatory statement

This new clause would mean that a prisoner serving a sentence of less than 12 months who

assaulted a prison officer during that sentence would not be eligible for automatic release.

Notices of Amendments: 24 April 2018                  

7

Assaults on Emergency Workers (Offences) , continued

Philip Davies

NC15

To move the following Clause—

“Assaults in prison (No.12)

In Section 244 of the Criminal Justice Act 2003, after subsection (1A) insert—

“(1B)    

Subsection (1) does not apply if the prisoner has assaulted a prison officer

during the course of their sentence.””

Member’s explanatory statement

This new clause would mean that a prisoner serving a fixed term sentence of more than 12 months

who assaulted a prison officer during that sentence would not be eligible for automatic release.

Philip Davies

NC16

To move the following Clause—

“Assaults in prison (No.13)

In Section 246 of the Criminal Justice Act 2003, after subsection (4)(i) insert—

“(j)    

the prisoner has assaulted a prison officer during the course of

their sentence.””

Philip Davies

NC17

To move the following Clause—

“Assaults in prison (No.14)

(1)    

In Section 246A of the Criminal Justice Act 2003, in subsection (2) after “unless”

for “either or both” substitute “any”.

(2)    

(2) In Section 246A of the Criminal Justice Act 2003, after subsection 2 (b)

insert—

“(c)    

the prisoner has assaulted a prison officer during the course of

their sentence.””

Member’s explanatory statement

This new clause would mean that a prisoner serving an extended sentence under Sections 226A

and 226B of the Criminal Justice Act 2003 who assaulted a prison officer would not be eligible for

automatic release after the requisite period.