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Duty of prison to rehabilitate and prepare personal plans for offenders
Mr Graham Allen
NC4
To move the following Clause:—
'It shall be the duty of the prison service—
| (a) | to encourage the reform and rehabilitation of offenders, in particular through education and the development of social, emotional and behavioural skills, and to identify and account for the resources it specifically provides for this purpose, and |
| (b) | to prepare a personal plan for each offender serving a sentence of over 12 months setting objectives for his rehabilitation and reform, and |
| (c) | when making or considering recommendations for the early release of any prisoner, to take into account his achievement of the personal plan in pursuance of this section.'. |
Complaints about criminal justice
Mr Graham Allen
NC5
To move the following Clause:—
'The Secretary of State may by order require the probation service, judges and lay justices to make joint arrangements for the consideration of complaints about the operation of the criminal justice system in any local area.'.
Limit on length of service for magistrates
Mr Charles Kennedy
Mr Menzies Campbell
Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell
NC8
To move the following Clause:—
'(1) Lay magistrates shall be appointed for a term of 5 years, and may re-apply thereafter.
(2) No magistrate shall continue to serve beyond the age of 70.'.
Corporate killing
Mr Andrew Dismore
Tony Lloyd
Gordon Prentice
Rob Morris
Dr Vincent Cable
David Winnick
| Mr Dai Havard | Andrew Mackinlay | Jon Cruddas |
| Dr Vincent Cable | Mr David Kidney | Mr Tony Lloyd |
| Mr Gordon Prentice | Rob Maris | Mr Michael Clapham |
| Mr David Drew | Dr Rudi Viz | Mr Kelvin Hopkins |
| Mr Doug Henderson | Mr Brian Jenkins | Jim Dobbin |
| Paul Flynn | Mr Bill Olner | Mr Ian Davidson |
| Mr Graham Allen | Mr Stephen Hepburn | Mr Keith Vaz |
| Mr Anthony Wright | Jean Corston | Mr Kevin McNamara |
| Mr David Crausby | John Austin | Ann Clwyd |
| Glenda Jackson | John McDonnell | Mike Gapes |
| Ms Diane Abbott | Andy King | John Cryer |
| Jeremy Corbyn | Mr Frank Doran | Ms Karen Buck |
| Dr Alan Whitehead | Derek Wyatt | Ross Cranston |
| Linda Perham | Mrs Jackie Lawrence | Diana Organ |
| Ms Debra Shipley | Dr Desmond Turner | Jim Dowd |
| Bridget Prentice | Mr Gwyn Prosser | Mr Stephen Pound |
| Mr Roger Berry | Mrs Anne Campbell | Alan Simpson |
| Tom Cox | Brian White | Mr Harry Barnes |
| Phil Sawford | Dr Doug Naysmith | Richard Burden |
| Judy Mallaber | Mr Ian Colman | Mr Michael Connarty |
| Mrs Ann Cryer | Mr Stephen McCabe | Vera Baird |
| Mr Frank Dobson | Clive Efford | Ian Lucas |
| Mr Michael Jabez Foster | Mr Martin Salter | James Purnell |
| Mr Austin Mitchell | Mr Mark Lazarowicz
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NC11
To move the following Clause:—
'.—(1) A corporation is guilty of corporate killing if—
| (a) | a management failure by the corporation is the cause or one of the causes of a person's death; and |
| (b) | that failure constitutes conduct falling far below what can reasonably be expected of the corporation in the circumstances. |
(2) For the purposes of subsection (1) above—
| (a) | there is a management failure by a corporation if the way in which its activities are managed or organised fails to ensure the health and safety of persons employed in or affected by those activities; and |
| (b) | such a failure may be regarded as a cause of a person's death notwithstanding that the immediate cause is the act or omission of an individual. |
(3) A corporation guilty of an offence under this section is liable on conviction on indictment to a fine.
(4) No individual shall be convicted of aiding, abetting, counselling or procuring an offence under this section but without prejudice to an individual being guilty of any other offence in respect of the death in question.'.
Corporate killing by an officer
Mr Andrew Dismore
Tony Lloyd
Gordon Prentice
Rob Morris
Dr Vincent Cable
David Winnick
| Dr Vincent Cable | Mr Michael Clapham | Mr Tony Lloyd |
| Mr Gordon Prentice | Rob Maris | Mr David Kidney |
| Mr Frank Dobson | Mr Michael Jabez Foster | James Purnell |
| Mr Kelvin Hopkins | Mr Doug Henderson | Mr Brian Jenkins |
| Jim Dobbin | Mr Dai Havard | Mr David Drew |
| Dr Rudi Viz | Paul Flynn | Mr Stephen Hepburn |
| Mr Michael Connarty | Mrs Ann Cryer | Mr Kevin McNamara |
| Mr David Crausby | John Austin | Ann Clwyd |
| Glenda Jackson | John McDonnell | Mike Gapes |
| Ms Diane Abbott | John Cryer | Andy King |
| Jeremy Corbyn | Mr Frank Doran | Ms Karen Buck |
| Dr Alan Whitehead | Derek Wyatt | Ross Cranston |
| Linda Perham | Mrs Jackie Lawrence | Diana Organ |
| Ms Debra Shipley | Dr Desmond Turner | Jim Dowd |
| Bridget Prentice | Mr Gwyn Prosser | Mr Stephen Pound |
| Mr Roger Berry | Mrs Anne Campbell | Alan Simpson |
| Tom Cox | Brian White | Mr Harry Barnes |
| Phil Sawford | Richard Burden | Mr Anthony Wright |
| Mr Stephen McCabe | Vera Baird | Mr Ian Davidson |
| Jean Corston | Judy Mallaber | Clive Efford |
| Mr Iain Colman | Ian Lucas | Mr Martin Salter |
| Andrew Mackinlay | Bill Olner | Mr Graham Allen |
Mr Mark Lazarowicz
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NC12
To move the following Clause:—
'.—(1) An officer of a corporation is guilty of corporate killing if—
| (a) | a management failure by the corporation is the cause or one of the causes of a person's death; and |
| (b) | that failure constitutes conduct falling far below what can reasonably be expected of the corporation in the circumstances. |
(2) For the purposes of subsection (1) above—
| (a) | there is a management failure by a corporation if the way in which its activities are managed or organised fails to ensure the health and safety of persons employed in or affected by those activities; and |
| (b) | such a failure may be regarded as a cause of a person's death notwithstanding that the immediate cause is the act or omission of an individual. |
(3) An officer guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment or both.
(4) No individual shall be convicted of aiding, abetting, counselling or procuring an offence under this section but without prejudice to an individual being guilty of any other offence in respect of the death in question.
(5) This section does not preclude an officer being guilty of murder or manslaughter.'.
Excluding the civil liability of the victims of crime
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
NC13
To move the following Clause:—
'(1) A person who has been convicted of a criminal offence before a relevant court shall have no civil action for damages in respect of personal injury caused by the victim of the offence for which that person has been convicted unless the court considers that it is in the interests of justice that such action can be brought.
(2) Subsection (1) shall only apply to personal injuries caused during the circumstances of the offence for which the person was convicted.
(3) For the purpose of subsection (1) "victim" is defined as any person natural or corporated—
| (i) | whose interests were affected or threatened by the relevant offender, or |
| (ii) | who believed on reasonable grounds that their interests were affected or threatened by the relevant offender, or |
| (iii) | who was, at the time of the offence, a servant or agent of any person falling within paragraphs (i) or (ii) and who either knew or reasonably believed that the person's interests were so affected or threatened by the relevant offender. |
(4) For the purposes of subsection (3) "interests" includes—
| (i) | any proprietary interest; |
| (ii) | a personal interest in avoiding physical injury. |
(5) For the purpose of subsection (1) "damages in respect of personal injury" shall be defined to include all consequential loss suffered by the offender.'.
Principles of the youth justice system
Mr Hilton Dawson
Mr Peter Bottomley
NC16
To move the following Clause:—
'(1) Section 37 of the Crime and Disorder Act 1998 (aim of the youth justice system) is amended as follows.
(2) After subsection (1) there is inserted—
"(1A) The youth justice system shall also have regard to the following principles—
| (a) | the welfare of the child shall be the paramount consideration; |
| (b) | deprivation of liberty should only be used as a measure of last resort for the shortest appropriate period of time; and |
| (c) | any decisions should be made in the best interests of the child." |
(3) At the end of subsection (2) there is inserted "and to those principles.".'.
Anonymity of defendants in sexual offence cases
Mrs Claire Curtis-Thomas
NC17
To move the following Clause:—
'Where the identity of an alleged victim of any sexual offence is subject to reporting restrictions, the same restrictions shall apply to the alleged offender unless and until he is convicted of that offence.'.
Serious historical complex abuse cases
Mrs Claire Curtis-Thomas
NC18
To move the following Clause:—
'(1) This section applies to serious historical complex abuse cases.
(2) In this section—
| (a) | a case is serious if it refers to any sexual offence where the victim was a minor at the time of the alleged offence, |
| (b) | a case is historical if relates to any alleged offence which was not reported within six months of the date of the alleged offence (or of the latest of the alleged offences), |
| (c) | a case is complex when more than one person claims to have been a victim of physical or sexual abuse, and |
| (d) | a case is one of abuse when it refers to a number of alleged offences over a period of more than six months. |
(3) The Secretary of State shall issue a code of practice for the investigation and prosecution of serious historical complex abuse cases.
(4) The Secretary of State may from time to time issue a revised or amended code of practice for the investigation and prosecution of serious historical complex abuse cases.
(5) Any code of practice under subsection (3) or (4) shall be laid before each House of Parliament and shall not come into force unless it has been approved by both Houses of Parliament.
(6) Any code of practice under subsection (3) or (4) shall in particular—
| (a) | require the video recording of each interview between the police and each person contacted during the investigation of a case of serious historical complex abuse; |
| (b) | regulate the use of trawling procedures, such as— |
| (i) | cold calling (contacting by telephone without notice) any potential victim, |
| (ii) | writing to potential victims, |
| (iii) | contacting any potential victim via a third party; and |
| (c) | require the prosecution to make available to the defence a complete record of each contact between the police and any person contacted as a potential witness, whether or not the person contacted made any allegations concerning the defendant. |
(7) Where the prosecution intends to rely on corroboration by volume, the prosecution shall have an additional duty to disclose to the defence details of the investigation, including any records held by third parties which could help the defence contact potential witnesses for the defence.'.
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