Session 2019-21
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 25 February 2020

 

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: 1 and 2

 

Committee of the whole House


 

Prisoners (Disclosure of Information about


 

Victims) Bill


 

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withdrawn amendments at the end.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.

 

 


 

Secretary Robert Buckland

 

1

 

Parliamentary Star    

Clause  1,  page  2,  line  26,  at end insert—

 

“28B  

Indecent images: prisoner’s non-disclosure of information

 

(1)    

The Parole Board must comply with this section when making a public protection

 

decision about a life prisoner if—

 

(a)    

the prisoner’s life sentence was passed for—

 

(i)    

an offence of taking an indecent photograph of a child, or

 

(ii)    

a relevant offence of making an indecent pseudo-photograph of

 

a child;

 

(b)    

the Parole Board does not know the identity of the child who is the

 

subject of the relevant indecent image; and

 

(c)    

the Parole Board believes that the prisoner has information about the

 

identity of the child who is the subject of the relevant indecent image


 
 

Notices of Amendments: 25 February 2020                  

2

 

Prisoners (Disclosure of Information about Victims) Bill, continued

 
 

which the prisoner has not disclosed to the Parole Board (“the prisoner’s

 

non-disclosure”).

 

(2)    

When making the public protection decision about the prisoner, the Parole Board

 

must take into account—

 

(a)    

the prisoner’s non-disclosure; and

 

(b)    

the reasons, in the Parole Board’s view, for the prisoner’s non-disclosure.

 

(3)    

This section does not limit the matters which the Parole Board must or may take

 

into account when making a public protection decision.

 

(4)    

In subsection (1)(a), the reference to a life sentence includes a life sentence

 

passed before the coming into force of section 1 of the Prisoners (Disclosure of

 

Information About Victims) Act 2020.

 

(5)    

For the purposes of this section, an offence is an “offence of taking an indecent

 

photograph of a child” if it is—

 

(a)    

an offence of taking an indecent photograph of a child under section

 

1(1)(a) of the Protection of Children Act 1978 (the “England and Wales

 

offence”), or

 

(b)    

an offence of taking an indecent photograph of a child under the law of

 

Scotland, Northern Ireland, any of the Channel Islands, the Isle of Man

 

or any other country or territory that corresponds to the England and

 

Wales offence.

 

(6)    

For the purposes of this section, an offence is a “relevant offence of making an

 

indecent pseudo-photograph of a child” if—

 

(a)    

it is—

 

(i)    

an offence under section 1(1)(a) of the Protection of Children

 

Act 1978 of making an indecent pseudo-photograph of a child

 

(the “England and Wales offence”), or

 

(ii)    

an offence of making an indecent pseudo-photograph of a child

 

under the law of Scotland, Northern Ireland, any of the Channel

 

Islands, the Isle of Man or any other country or territory that

 

corresponds to the England and Wales offence, and

 

(b)    

the Parole Board believes that an image of a real child was or may have

 

been used in the making of the pseudo-photograph;

 

    

and in the application of this section to a relevant offence of making an indecent

 

pseudo-photograph of a child, the references in subsection (1)(b) and (c) to the

 

child who is the subject of the relevant indecent image are references to the real

 

child.

 

(7)    

In this section,—

 

“public protection decision”, in relation to a prisoner, means the decision,

 

made under section 28(6)(b) for the purposes of section 28(5), as to

 

whether the Parole Board is satisfied that it is no longer necessary for the

 

protection of the public that the prisoner should be confined;

 

“relevant indecent image” means—

 

(a)    

the photograph to which an offence of taking an indecent

 

photograph of a child relates, or

 

(b)    

the pseudo-photograph to which a relevant offence of making an

 

indecent pseudo-photograph of a child relates.”.

 

Member’s explanatory statement

 

This amends the Crime (Sentences) Act 1997 to require the Parole Board to take account of non-

 

disclosures by life prisoners serving sentences for offences relating to indecent photographs or

 

pseudo-photographs of children.


 
 

Notices of Amendments: 25 February 2020                  

3

 

Prisoners (Disclosure of Information about Victims) Bill, continued

 
 

Secretary Robert Buckland

 

2

 

Parliamentary Star    

Clause  1,  page  2,  line  30,  leave out “Section 28A contains” and insert “Sections

 

28A and 28B contain”.

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 1.

 

 

Order of the House [11 February 2020]

 

That the following provisions shall apply to the Prisoners (Disclosure of Information

 

About Victims) Bill:

 

Committal

 

1.    

The Bill shall be committed to a Committee of the whole House.

 

Proceedings in Committee, on Consideration and up to and including Third Reading

 

2.    

Proceedings in Committee, any proceedings on Consideration and any

 

proceedings in legislative grand committee shall (so far as not previously

 

concluded) be brought to a conclusion two hours after the commencement of

 

proceedings in Committee of the whole House.

 

3.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion three hours after the commencement of proceedings

 

in Committee of the whole House.

 

4.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings in Committee of the whole House, to any proceedings on

 

Consideration or to other proceedings up to and including Third Reading.

 

Other proceedings

 

5.    

Any other proceedings on the Bill may be programmed.

 


 

 

Revised 25 February 2020