Anti-social Behaviour, Crime and Policing Bill

Amendments
to be moved
in committee

After Clause 153

LORD RAMSBOTHAM

 

Insert the following new Clause—

“Protection arrangements for children and dependents

(1)   The Criminal Justice Act 2003 is amended as follows.

(2)   After section 174 (duty to give reasons for, and explain effect of, sentence)
there is inserted—

“174A           Duty to ask about children etc left behind

(1)   Any court passing a custodial sentence on an offender who was on
bail when awaiting sentence must ask what the arrangements are
for the care of any children of the offender or any vulnerable adult
who is dependent on the offender while the offender is in custody.

(2)   If the court considers the arrangements are not satisfactory the
court must make a referral to the relevant local authority social care
team.

(3)   Any person or body having statutory responsibilities for children
or vulnerable adults must co-operate with the court in securing that
arrangements are made for their safety in the circumstances to
which subsection (1) refers.”

(3)   The Bail Act 1976 is amended as follows.

(4)   In section 5 (supplementary provisions about decisions on bail), after
subsection (5), there is inserted—

“(5A)    Where a court withholds bail in criminal proceedings from a person
to whom section 4 of this Act applies, the court must ask what the
arrangements are for the care of any children of the defendant or
any vulnerable adult who is dependent on the defendant while the
defendant is on remand in custody.

(5B)   If the court considers the arrangements are not satisfactory the
court must make a referral to the relevant local authority social care
team.

(5C)   Any person having statutory responsibilities for children or
vulnerable adults must co-operate with the court in securing that
arrangements are made for their safety in the circumstances to
which subsection (5A) refers.”

(5)   This section shall come into force two months after enactment.”

Clause 3

LORD FLIGHT

 

Page 3, line 20, at end insert—

“(c)   the anti-social behaviour in which the respondent has engaged, or
threatens to engage, consists of intentional or deliberate anti-social
behaviour of a potentially persistent nature”

Clause 55

LORD GREAVES

 

Page 32, line 11, leave out “or” and insert “and”

 

Page 32, line 12, after the first “that” insert “some or all of the activities referred to
in paragraph (a)”

 

Page 32, line 12, leave out “a public place within that area” and insert “that public
place”

 

Page 32, line 15, leave out “persistent” and insert “repetitive”

 

Page 32, line 25, leave out “reasonable” and insert “necessary”

 

Page 32, line 27, leave out “, occurring”

 

Page 32, line 29, leave out “, occurrence”

 

Page 32, line 30, leave out subsection (6)

 

Page 32, line 33, leave out “, or at all times except those specified”

 

Page 32, line 36, at end insert—

“(6A)    A prohibition or requirement framed under the provisions of subsection (6)
must not discriminate directly or indirectly against any person or group of
persons on the grounds of age, race, religious beliefs, gender or sexual
orientation.”

 

Page 32, line 41, leave out paragraph (b)

 

Page 32, line 42, at end insert—

“(c)   the county council where the restricted area that is being proposed
is in an area where there is both a county and a district council;

(d)   a parish council or a Welsh community council where the restricted
area that is being proposed is wholly or partly within its area.”

 

Page 32, line 42, at end insert—

“(7A)    A local authority making a public spaces protection order must before
doing so—

(a)   advertise the proposal in such ways as it thinks appropriate to bring
it to the attention of those in the locality and of persons who visit or
use the restricted area that is proposed or might reasonably be
expected to do so, including on the authority’s website;

(b)   make a copy of the proposal available at its offices and in at least
one location that is as local as possible to the restricted area that is
being proposed;

(c)   allow a reasonable period for comments on and objections to the
proposal to be made to the authority;

(d)   allow any person to make representations in person to the authority
as part of its decision-making process.

(7B)   A local authority must consider each decision on whether to make or
amend a public spaces protection order in a committee of the authority
meeting in public.”

 

Page 33, line 5, leave out from “in” to end of line 6 and insert “such ways as the
authority considers appropriate which must include on the authority’s website”

 

Page 33, line 5, at end insert—

“( )   A local authority must make a public spaces protection order available for
inspection at its offices.”

Prepared 31st October 2013