Serious Crime Bill [HL]

Page 46, line 34, after “(1)” insert—

“( )   for “that age” substitute “the age of 18”;

( )   after “wilfully” insert “recklessly”;

( )   omit “unnecessary”;”

Page 46, line 36, at end insert—

“(4)     In that subsection, for the words “ill-treats, neglects” substitute “physically
or emotionally ill-treats, physically or emotionally neglects”.

(5)     In that subsection, for the words “unnecessary suffering” substitute
“serious harm”.

(6)     For the purpose of this section—

(a)   “harm” means the impairment of—

(i)   physical or mental health, or

(ii)   physical, intellectual, emotional, social or behavioural
development;

(b)   “wilfully” means that a person with responsibility for a child
foresaw that an act or omission regarding that child would be likely
to result in harm, but nonetheless unreasonably took that risk.

(7)     In subsection (2), omit paragraph (b).”

Page 46, line 36, at end insert—

“(4)     In that subsection, for “under that age” substitute “under 18”.”

The above-named Lords give notice of their intention to oppose the Question that Clause 62
stand part of the Bill.

Insert the following new Clause—

“Child cruelty: duty on police officers to liaise

(1)     Where an officer is investigating a potential offence under section 1 of the
Children and Young Persons Act 1933 (cruelty to persons under 16), as
amended by section 62 of this Act, he or she must notify the Safeguarding
Children and Adults Board of the relevant local authority.

(2)     A notification must include details of the child or children who are
considered to be the victims of the offence.

(3)     The Secretary of State may produce further guidance on the form a
notification under this section may take.”

Insert the following new Clause—

“Child cruelty: duty on local authorities to liaise

(1)     Where a local authority’s Safeguarding Children and Adults Board (“the
Board”) is notified of the investigation of an offence under section (Child
cruelty: duty on police officers to liaise) the Board must—

(a)   facilitate liaison between relevant officials with an interest in the
child or children’s well-being, and

(b)   refer the case to Children and Adolescents Mental Health Services.

(2)     The Secretary of State may, by regulations, define the meaning of “relevant
officials” in subsection (1).

(3)     Regulations under subsection (2) must include within the meaning of
“relevant officials”—

(a)   the child’s school,

(b)   social services, and

(c)   the police.”

Page 46, line 41, leave out paragraph (a) and insert—

“(a)   to prove that D’s reason for being in possession of the item was
necessary for a purpose related to the prevention or detection of
crime”

Insert the following new Clause—

“Offence of encouraging or assisting the promotion of the practice of female
genital mutilation

(1)     The Female Genital Mutilation Act 2003 is amended as follows.

(2)     After section 2 (offence of assisting a girl to mutilate her own genitalia),
insert—

(3)     In section 5 (penalties for offences)—

(a)   after “under” insert “sections 2 and 3 of”,

(b)   at the end insert—

Page 69, line 37, leave out “, of any description,”

Page 71, line 1, leave out “sub-paragraph applies” and insert “paragraph does not
apply”

Insert the following new Clause—

“Mandatory reporting of abuse in relation to regulated activities

(1)     Subject to subsection (4), providers of regulated activities involving
children or vulnerable adults, and persons whose services are used by such
providers being persons who stand in a position of personal trust towards
such children or vulnerable adults, who have reasonable grounds for
knowing or suspecting the commission of the abuse of children or
vulnerable adults in their care whether such commission of abuse shall
have taken place or be alleged to have or be suspected of having taken place
in the setting of the regulated activity or elsewhere, have a duty to inform
the Local Authority Designated Officer (LADO) or children’s services or
such other single point of contact with the local authority as such authority
may designate for the purpose of reporting it or any such matter, allegation
or suspicion as soon as is practicable after it comes to their knowledge or
attention.

(2)     Failure to fulfil the duty set out in subsection (1) before the expiry of the
period of 10 days of the matter or allegation or suspicion first coming to the
knowledge or attention of the provider or of any person whose services are
used by the provider as defined in subsection (1) is an offence.

(3)     It shall be a defence to show that the LADO or children’s services or that
such other single point of contact with the local authority as such authority
may designate for the purpose of reporting was or were informed by any
other party during the 10 days referred to in subsection (2) or had been so
informed before then.

(4)     A Secretary of State having responsibility for the welfare, safety and
protection of children and of vulnerable adults may in exceptional cases by
a letter or other instrument under his hand rescind or temporarily suspend
the duty referred to in subsection (1) in the case of any specified child or
children or of any specified vulnerable adult or adults concerning whom it
appears to him that the welfare, safety or the protection of such child or
children or of such vulnerable adult or adults would be prejudiced or
compromised by the fulfilment of the duty referred to in subsection (1) and
may where it appears to him that the welfare, safety and protection of
children is furthered thereby exempt any specified entity or organisation
and the members thereof that works with children generally in furtherance
of their welfare and safety and protection or any specified medical officer
from compliance with the duty referred to in subsection (1) provided
always that no allegation is made against such entity or organisation or
member thereof or against such medical officer.

(5)     It shall be a defence for any person to show that a Secretary of State having
responsibility for the welfare, safety and protection of children and of
vulnerable adults has issued a letter or other instrument under his hand
rescinding or temporarily suspending the duty referred to in subsection (1)
in the case of any specified child or children or of any specified vulnerable
adult or adults and it shall be a defence for any person employed by or
operating as an entity or organisation that works with children or for any
medical officer to show that a Secretary of State having responsibility for
the welfare, safety and protection of children and of vulnerable adults has
by such letter or instrument under his hand whether temporarily or
permanently exempted it and its members or any medical officer from
compliance with the duty referred to in subsection (1).

(6)     A person guilty of an offence under this section is liable—

(a)   on summary conviction, to imprisonment for a term not exceeding
12 months or to a fine, or both;

(b)   on conviction on indictment, to imprisonment for a term not
exceeding three years or to a fine, or both.

(7)     In this section “regulated activity” has the same meaning as in Schedule 4
to the Safeguarding Vulnerable Groups Act 2006.”

Insert the following new Clause—

“Anonymity of victims where female genital mutilation is alleged

In section 2 of the Sexual Offences (Amendment) Act 1992 (offences to
which this Act applies), after subsection (1)(da) insert—

Insert the following new Clause—

“Offence of abduction of child by other person

In the Child Abduction Act 1984, in section 2(1) (offence of abduction of
child by other person), for “sixteen” substitute “eighteen”.”

Insert the following new Clause—

“Child abduction warning order

In section 2 of the Child Abduction Act 1984 (offence of abduction of child
by other person), after subsection (3) insert—

The above-named Lords give notice of their intention to oppose the Question that Clause 65
stand part of the Bill.

Page 49, line 30, leave out “or revoke” and insert “, revoke or otherwise modify”

Page 74, line 41, at end insert—

“25A          In section 99 of that Act (postponement), after paragraph (c) of
subsection (11) insert—

25B   (1)  Section 100 of that Act (effect of postponement) is amended as follows.

(2)     In subsection (3)—

(a)   at the end of paragraph (b) omit “or”;

(b)   after paragraph (c) insert—

(3)     In subsection (4)—

(a)   at the end of paragraph (b) omit “or”;

(b)   after paragraph (c) insert—

25C   (1)  Section 104 of that Act (no order made: reconsideration of case) is
amended as follows.

(2)     In subsection (7), after paragraph (d) insert—

(3)     After subsection (8) insert—

25D   (1)  Section 105 of that Act (no order made: reconsideration of benefit) is
amended as follows.

(2)     In subsection (10), after paragraph (d) insert—

(3)     After subsection (11) insert—

25E   (1)  Section 106 of that Act (order made: reconsideration of benefit) is
amended as follows.

(2)     In subsection (8), after paragraph (c) insert—

(3)     In subsection (9)—

(a)   for “the court must not” substitute “the court—

(b)   at the end insert—

25F          In section 118 of that Act (application of provisions about fine
enforcement), in subsection (2) omit paragraph (k).

25G          In section 131 of that Act (sums received by clerk of court)—

(a)   in subsection (6), after “97(6)” insert “or 97A(4)”;

(b)   after that subsection insert—

25H          In section 153 of that Act (satisfaction of confiscation orders), in
subsection (1) omit paragraph (b).”

Page 51, line 14, leave out “15 and 16” and insert “(Restitution order and victim
surcharge) to (Conditions for exercise of search and seizure powers)”

Page 51, line 26, at end insert “made by statutory instrument”

Page 51, line 29, leave out “15 and 16” and insert “(Restitution order and victim
surcharge) to (Conditions for exercise of search and seizure powers)”

Page 52, leave out line 17