Vote Bundle Text (910306-04)

Amendments proposed to the Criminal Justice and Police Bill - continued	House of Commons

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Exclusion of prisoners convicted of assaulting police officers, etc, from power to release short-term prisoners on licence

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson

NC1

To move the following Clause:—

'In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(b) there is inserted—

"(ba) the sentence is for any of the following offences—

(i) an offence under section 89 of the Police Act 1996 (assaulting, obstructing or resisting a constable);

(ii) an offence under section 38 of the Offences Against the Person Act 1861 (assault with intent to resist arrest);

(iii) an offence under section 18, section 20, or section 47 of the Offences Against the Person Act 1861 (wounding, causing grevous bodily harm and causing actual bodily harm) committed against a constable in the execution of his duty.".'.

As an Amendment to Miss Ann Widdecombe's proposed New Clause (Exclusion of prisoners convicted of assaulting police officers, etc, from power to release short-term prisoners on licence) (NC1):

Mr Simon Hughes
Jackie Ballard

(a)

Line 11, at end add—

'(iv) an offence of violence on any other member of the emergency services or staff of the National Health Service.'.

Exclusion of prisoners convicted of offences against children from power to release short-term prisoners on licence

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson

Mr James Gray

NC2

To move the following Clause:—

'In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(c) there is inserted—

"(ca)(i) the sentence is for an offence listed in paragraph 1 of Schedule 4 to the Criminal Justice and Court Services Act 2000; or

(ii) the sentence is for an offence listed in paragraph 2 of Schedule 4 to the Criminal Justice and Court Services Act 2000 which is committed against a person under the age of 18; or

(iii) the sentence is for an offence which causes the prisoner to fall within paragraph 3 of Schedule 4 to the Criminal Justice and Court Services Act 2000.".'.

Section 19 guidance

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

NC3

To move the following Clause:—

'.—The Secretary of State shall issue guidance—

(a) about the exercise of the discretion given to senior police officers by section 19 of this Act;

(b) about the giving of closure orders; and

Child's Penalty Notice

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

NC4

To move the following Clause:—

'.—( ) A constable who has reason to believe that a person aged 16 or over has committed an offence contrary to section 169C of the Licensing Act 1964 may give him a penalty notice in respect of that offence at a police station (Child's penalty notice).

( ) Save as set out in subsection (1) of this section, the like provisions in respect of penalty notices shall apply in respect of a child's penalty notice.'.

Application to magistrates' court

Sir Nicholas Lyell
Mr Crispin Blunt

NC5

To move the following Clause:—

'.—If a person to whom a penalty notice is alleged to have been given in accordance with sections 2 and 3, but who for whatever reason has failed to ask for this alleged offence to be tried in accordance with section 4 nonetheless thereafter shall make application to the relevant magistrates' court in writing for the penalty notice to be set aside the court shall consider the application and if in all the circumstances it is right in the interests of justice to do so shall either set the notice aside or shall order the matter to be tried.'.

Use of electronic communication to engage in, incite, entice, or solicit an act of gross indecency with a child: Amendment of the Indecency with Children Act 1960

Miss Ann Widdecombe
Mr Edward Garnier
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow

NC13

To move the following Clause:—

'After section 1 of the Indecency with Children Act 1960 (Indecent conduct towards young child), there shall be inserted—

"Use of electronic communication to engage in, incite, entice, or solicit an act of gross indecency with a child

1A.(1) Any person aged eighteen or over who uses an electronic communication for the purpose of—

(a) engaging in an act of gross indecency with a person he knows or has reason to believe is a child; or

(b) inciting or enticing a person he knows or has reason to believe is a child to meet with him, with the intent of engaging in an act of gross indecency; or

(c) soliciting a person he knows or has reason to believe is a child to engage in any act that would constitute an offence under section 1 or under section (1)(a) or (1)(b).

is guilty of an offence and shall be liable

(i) on conviction on indictment to imprisonment for a term not exceeding ten years, or to a fine, or to both; or

(ii) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

(2) References in the Children and Young Persons Act 1933 to the offences mentioned in the first Schedule to that Act shall include offences under this section.

(3) Offences under this section shall be deemed to be offences against the person for the purpose of section 3 of the Visiting Forces Act 1952 (which restricts the trial by the United Kingdom courts of offenders connected with visiting forces);

(4) In this section—

"child" means a person under the age of sixteen years

"electronic communication" has the meaning given by section 15 of the Electronic Communications Act 2000.".'.

This Clause was tabled on 22nd February but not printed.

Fear of Violence

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

NC14

To move the following Clause:—

'.—Section 4 of the Protection from Harassment Act 1997 shall be amended in subsection(1) by leaving out the words "on at least two occasions".'.

Conspiracy

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

NC15

To move the following Clause:—

'.—After section 4 of the Protection for Harassment Act 1997 there shall be inserted the following section—

"Conspiracy

4A. Where two or more persons agree to organise or plan the commission by any other persons or by themselves a course of conduct contrary to Section 1 and Section 4 of this Act, they shall be guilty of the offence of conspiracy to commit the offence or offences in question contrary to the Criminal Law Act 1977 Section 1.".'.

Summary offence of urination or defecation in a public place

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

NC16

To move the following Clause:—

'(1) A person who urinates or defecates in any public place otherwise than by using a lavatory commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) An offence under this section is a penalty offence for the purposes of Chapter I of Part I of this Act.

(3) In this section, "public place" means any place in the open to which the public or any section of the public has access as of right or by virtue of express or implied permission.'.

Independent counsel to be present during searches to assess whether seized material is legally privileged

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

NC17

To move the following Clause:—

'Where a constable or other person is exercising or proposing to exercise any lawful power of search, and he has reasonable grounds to suspect that material which is legally privileged may be seized as a result, he shall ensure that independent counsel is present throughout the search in order to assist in the determination of whether such material is legally privileged or not.'.

Use of electronic communications to entice an act of gross indecency with a child

Mr Simon Hughes
Jackie Ballard

NC18

To move the following Clause:—

'—(1) Any person aged eighteen or over who intentionally uses an electronic communication for the purpose of enticing a child, or other person who is believed by such person to be a child, to meet him in order to be able to engage in an act of gross indecency, is guilty of an offence and shall be liable—

(i) on conviction on indictment to imprisonment for a term not exceeding ten years or to a fine, or to both; or

(ii) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.'.

Increase in sentences for hate crimes

Mr Simon Hughes
Jackie Ballard

NC19

To move the following Clause:—

'—(1) This section applies where a court is considering the seriousness of any offence.

(2) If the offence was aggravated for the purposes of this section, the court—

(a) shall treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and

(b) shall state in open court that the offence was so aggravated.

(3) An offence is aggravated for the purposes of this section if—

(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim's actual or presumed sexual orientation, race, religion, gender or disability; or

(b) the offence is motivated (wholly or partly) by hostility towards members of a group based on their sexual orientation, race, religion, gender or disability or based on their membership of, or association with, such a group.'.