Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 25 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

 

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withdrawn amendments at the end.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: 25 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

 

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: 25 April 2018                  

3

 

Assaults on Emergency Workers (Offences) , continued

 
 

Philip Davies

 

NC4

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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: 25 April 2018                  

4

 

Assaults on Emergency Workers (Offences) , continued

 
 

Philip Davies

 

NC7

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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(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 sentence of less than 12 months who


 
 

Notices of Amendments: 25 April 2018                  

5

 

Assaults on Emergency Workers (Offences) , continued

 
 

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

 

Parliamentary Star - white    

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(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

 

Parliamentary Star - white    

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(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

 

Parliamentary Star - white    

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: 25 April 2018                  

6

 

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(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

 

Parliamentary Star - white    

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(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

 

Parliamentary Star - white    

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: 25 April 2018                  

7

 

Assaults on Emergency Workers (Offences) , continued

 
 

Philip Davies

 

NC15

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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.””

 

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 early release.

 


 

Philip Davies

 

NC17

 

Parliamentary Star - white    

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)    

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.

 



 
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Revised 25 April 2018