Criminal Justice and Courts Bill

Amendments
to be moved
in committee

[Supplementary to the Marshalled List]

After Clause 26

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

 

Insert the following new Clause—

“Offence of driving while disqualified to be triable either way

(1)     In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution
and punishment of offences under the Traffic Acts) in the entry relating to
the offence of obtaining licence, or driving, while disqualified,
section 103(1)(b) of the Road Traffic Act 1988—

(a)   in column 3, for “6 months” substitute “12 months”;

(b)   in column 2, after paragraph (c) insert—

“(d)   On indictment, in England and Wales”; and

(c)   in column 3, after paragraph (c) insert—

“(d)   2 years or a fine or both”.

(2)     In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference to 12 months is to be read
as being a reference to six months.

(3)     The amendment made by this section applies only in relation to an offence
committed on or after the day on which it comes into force.”

Clause 28

BARONESS THORNTON

LORD BEECHAM

 

Insert the following new Clause—

“Parliamentary procedure for designation

(1)     Where the Secretary of State proposes to make a designation under section
(Licensing of foreign pornographic services)(11), he shall lay particulars of his
proposal before both Houses of Parliament and shall not make the
proposed designation until after the end of the period of 40 days beginning
with the day on which the particulars of his proposal were so laid.

(2)     If, within the period mentioned in subsection (1), either House resolves that
the Secretary of State should not make the proposed designation, the
Secretary of State shall not do so, but without prejudice to his power to lay
before Parliament particulars of further proposals in accordance with that
subsection.

(3)     For the purposes of subsection (1)—

(a)   where particulars of a proposal are laid before each House of
Parliament on different days, the later day shall be taken to be the
day on which the particulars were laid before both Houses; and

(b)   in reckoning any period of 40 days, no account shall be taken of any
time during which Parliament is dissolved or prorogued or during
which both Houses are adjourned for more than four days.”

 

Page 28, leave out lines 1 and 2

 

Page 28, line 6, leave out from “portrays” to end of line 42 and insert “sexual
activity which involves real or apparent lack of consent or any form of physical
restraint which prevents participants from indicating a withdrawal of consent.”

 

Page 28, leave out line 7, and insert “way, real or simulated depictions of either—”

 

Page 28, line 7, leave out from “way,” to end of line 15 and insert “the portrayal of
sexual activity which involves real or apparent lack of consent.”

 

Page 28, line 15, at end insert—

“(c)   sexual activity where one of the participants is portrayed in
such a way as to make them appear under 18;

(d)   a person participating in a sexual activity with someone
who is depicted as a member of their immediate family; and

(e)   sexual activity incorporating sexual threats, humiliation or
abuse which do not form part of a clearly consenting role-
playing game”

 

Page 28, line 19, at end insert—

“(7C)    In determining whether (as found in the person’s possession) an
image depicts an act mentioned in subsection (7), reference may be
had to—

(a)   how the image is or was described (whether the description
is part of the image itself or otherwise),

(b)   any sounds accompanying the image, and

(c)   where the image forms the integral part of a narrative
constituted by a series of images—

(i)   any sounds accompanying the series of images, and

(ii)   the context provided by that narrative.”

After Clause 28

BARONESS THORNTON

LORD BEECHAM

 

Insert the following new Clause—

“Licensing of foreign pornographic services

(1)     The provider of a foreign pornographic service is guilty of an offence if the
service is not a service licensed by the appropriate licensing authority.

(2)     An application for a licence to provide a foreign pornographic service—

(a)   must be made in such a manner; and

(b)   must contain such information about the applicant, his business
and the service he proposes to provide,

as the appropriate licensing authority may determine.

(3)     The appropriate licensing authority may require an application for a
licence to provide a foreign pornographic service to be accompanied by a
fee if such fee is payable in accordance with a tariff approved by the
Secretary of State.

(4)     The Secretary of State may for the purposes of subsection (3) approve a
tariff providing for different fees for different classes of foreign
pornographic service and for different circumstances.

(5)     Any licence issued by the appropriate licensing authority must require that
any material which falls within section (Definition of a foreign pornographic
service
)(1)(b) is provided in a manner which secures that persons under 18
will not normally see or hear it.

(6)     The Secretary of State may by notice under this section require that any
licence issued by the appropriate licensing authority must contain
requirements other than that contained in subsection (5).

(7)     No licence issued by the appropriate licensing authority may stipulate a
condition other than one required under subsections (5) or (6).

(8)     The appropriate licensing authority may—

(a)   decline to issue a licence to a foreign pornographic service if that
service is in breach of any requirement under subsection (5) or (6);
or

(b)   revoke a licence to provide a foreign pornographic service if that
service is in breach of any requirement under subsection (5) or (6).

(9)     Unless revoked under subsection (8), a licence shall remain in force for one
year or for such shorter period as the appropriate licensing authority on the
grant of the licence may determine.

(10)     The appropriate licensing authority may transfer any licence granted by
them to such other person as they think fit.

(11)     The Secretary of State may by notice under this section designate any body
to be the appropriate licensing authority.

(12)     The Secretary of State shall not make any designation under this section
unless he is satisfied that adequate arrangements will be made by the
designated body for an appeal by any person against—

(a)   a refusal by the appropriate licensing authority to issue a licence to
that person; or

(b)   a decision by the appropriate licensing authority to revoke a licence
issued to that person.”

 

Insert the following new Clause—

“Definition of a foreign pornographic service

(1)     A service is a foreign pornographic service if—

(a)   the principal purpose of the service is the provision of still images
or audio-visual material which is pornographic;

(b)   it includes pornographic material which depicts in an explicit and
realistic way—

(i)   penetration of the vagina or anus of a person with a part of
the body or anything else;

(ii)   oral sex;

(iii)   masturbation;

(iv)   ejaculation;

(v)   urinary or excretory function;

(vi)   acts of restraint or violence of threats which are associated
with sexual activity;

(c)   the provider of the service is not under the jurisdiction of a
European Union Member State for the purposes of the Audiovisual
Media Services Directive;

(d)   the pornographic still images of audio-visual material are received
by the user by means of an electronic communications network;
and

(e)   the service can be received in the United Kingdom by a member of
the public using standard consumer equipment.

(2)     In this section “pornographic” has the same meaning as in section 63 of the
Criminal Justice and Immigration Act 2008 (possession of extreme
pornographic images).”

 

Insert the following new Clause—

“Penalties

A person guilty of an offence under section (Licensing of foreign pornographic
services
)(1) shall be liable, on summary conviction, to imprisonment for a
term not exceeding six months or a fine not exceeding level 5 on the
standard scale (or both).”

Clause 29

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

 

Page 29, line 36, at end insert—

“( )     No person who is aged under 15 shall be detained in a secure
college established under subsection (1)(c).”

 

Page 29, line 36, at end insert—

“(2A)    A young woman may not be placed in a secure college established
under subsection (1)(c).”

LORD HODGSON OF ASTLEY ABBOTTS

 

Page 30, line 28, at end insert—

“(8A)    For every young person admitted to a secure college, secure
training centre or a young offender’s institution, the Secretary of
State shall ensure that an individual learning plan shall be
developed in conjunction with other relevant statutory authorities
and non-statutory stakeholders which takes account of the prior
learning of that young person and sets out how the learning and
development of the young person is to be managed both within the
college or institution and how that development is to be continued
and built upon on release.”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

 

Page 31, line 10, at end insert—

“(14)    The Secretary of State must make arrangements to ensure there is
adequate specialist provision to cater for the health and wellbeing
needs of all young persons detained in a secure college.”

 

Page 31, line 10, at end insert—

“(14)    The Secretary of State must make arrangements to ensure that
sufficient places are available in secure children’s homes to enable
young persons, for whom detention in a secure children’s home is
deemed more appropriate by the relevant authority than detention
in a secure college or young offender institution, to be so detained.”

After Clause 30

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

 

Insert the following new Clause—

“Pilot of secure colleges

(1)     Before the commencement of sections 29 and 30, the Secretary of State shall
undertake a pilot whereby no more than 50 young offenders are
accommodated in a secure college on detention.

(2)     The details of the pilot shall be set out in an Order made by statutory
instrument.

(3)     A statutory instrument under this section may not be made unless a draft
of the instrument has been laid before, and approved by a resolution of,
each House of Parliament.”

Schedule 6

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

 

Page 92, line 28, at end insert—

“Educational scheme for secure colleges

1AA (1)     The Secretary of State shall lay before Parliament a draft detailed
educational scheme for secure colleges.

(2)     The draft scheme must be approved by a resolution of each House of
Parliament, before a secure college may receive its first young person on
detention.”

 

Page 93, line 19, at end insert—

“Staff

4A  (1)     All staff employed as teachers, counsellors or nurses at a secure unit
must hold qualifications as one of the following—

(a)   a qualified teacher;

(b)   an accredited member of the British Association for Counselling
and Psychotherapy; and

(c)   a registered nurse of children.”

 

Page 94, line 17, at end insert—

“(e)   to assess and promote their best interests”

 

Page 94, line 28, leave out paragraph 10 and insert—

“10    Secure college rules may only authorise the use of reasonable force on
children—

(a)   as a last resort;

(b)   for the purposes of preventing harm to the child or others; and

(c)   to the extent that the minimum force necessary should be used.”

Clause 38

LORD PONSONBY OF SHULBREDE

 

Page 37, line 17, at end insert—

“(5A)    The charges being tried in accordance with this section must be
made accessible to the public within 28 days of being served with
the documents specified in subsection (2) and before the trial date,
with—

(a)   the name and address of the accused, except where this is
prevented by a court order,

(b)   the offences with which the accused is charged, and

(c)   the latest date by which the trial is due to be held.

(5B)    The outcomes of trials held in accordance with this section must be
published within 28 days of sentence, including—

(a)   the name and address of the accused, except where this is
prevented by a court order,

(b)   the offences of which the accused has been convicted,

(c)   the date on which the trial was held, and

(d)   the sentence imposed.”

 

Page 37, line 29, at end insert—

“( )     Nothing in subsection (5A) or (5B) should be read as imposing any
new restrictions on the publishing of information about trials by a
court.”

Prepared 16th July 2014