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As Amendments to Mr Andrew Dismore's proposed New Clause (NC12) (Corporate killing by an officer):
(a)
Line 2, at end insert 'principal'.
Mr Douglas Hogg
(b)
Line 5, after 'circumstances', insert 'and
| (c) | the officer is personally and directly responsible for the failure referred to in paragraph (a)'. |
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
Simon Hughes
Mr David Heath
Annette Brooke
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.'.
Jury research
Mr Chris Mullin
NC21
To move the following Clause:—
'After section 9 of the Contempt of Court Act 1981, there is inserted—
"9A Jury research (1) Notwithstanding sections 8 and 9 of this Act, the Lord Chancellor may after consulting with the Lord Chief Justice and such other persons as he thinks fit—
| (a) | license research into jury deliberations on such conditions as he thinks fit; and |
| (b) | publish any report (howsoever described), made in the course of or arising out of any research licensed under this section. |
(2) Where any person is authorised by licence of the Lord Chancellor issued under subsection (1) of this section and for the time being in force, any actions taken in accordance with the conditions of the licence shall not, by virtue of section 8(1) or 9(1), be a contempt of court.".'.
Anonymity for defendants
Mr Chris Mullin
NC22
To move the following Clause:—
'(1) The Sexual Offences (Amendment) Act 1992 is amended as set out in subsections (2) to (7).
(2) After subsection 1(2) there is inserted—
| | "(2A). Where a person is accused of an offence to which this Act applies, no matter likely to lead members of the public to identify a person as the person alleged to have committed the offence shall be included in any publication except— |
| (a) | as authorised by a direction given under section 3; or |
| (b) | after he has been convicted of the offence." |
(3) In subsection 1(3)(b), after "subsection (2)" there is inserted "or (2A)".
(4) In subsection 1(3A), for "subsection (1) or (2)" there is substituted "subsection (1), (2) or (2A)".
(5) After subsection 3(1), there is inserted—
| "(1A) | If a person accused of a relevant offence applies to the judge before the commencement of, or at, a trial for that offence, for a direction under this subsection, the court shall direct that section 1 shall not, by virtue of the accusation alleging the offence in question, apply to him. |
| (1B) | In subsection (1A) a 'relevant offence' is an offence to which this Act applies." |
(6) In subsection 5(2), for "the person against whom the offence mentioned in section 1 is alleged to have been committed" there is substituted "the relevant person mentioned in section 1 to whom the published matter related".
(7) In subsection 6(3), before subparagraph (a), there is inserted—
| "(aa) | an allegation is reported at a police station or to a constable".'. |
Complex historical abuse cases
Mrs Claire Curtis-Thomas
NC24
To move the following Clause:—
'(1) For the purposes of this Act a complex historical abuse case is a case in which it is alleged that a person has committed a series of sexual offences:
| (a) | over a period of more than six months; |
| (b) | against more than one person, all of whom were, at the time any sexual offence is alleged to have been committed against them, minors; and |
| (c) | none of which were reported to the police within six months of the date on which the last offence in the series is alleged to have occurred. |
(2) The Secretary of State shall issue and from time to time revise a code of practice for the investigation of complex historical abuse cases.
(3) Any code of practice issued under subsection (2) shall, in particular, provide for—
| (a) | the video recording of any interview conducted with any person in connection with the investigation of a complex historical abuse case; |
| (b) | the regulation of procedures which involve attempts to make contact by any method with persons who may have been the victim of a sexual offence but who have not made any allegation against the person being investigated; |
| (c) | the disclosure to the person being investigated of— |
| (i) | a complete record of any person contacted or interviewed in the course of the investigation and the outcome in each case (whether or not it is intended to call any person as a prosecution witness); and |
| (ii) | any other information of which the person invstigating the case becomes aware and which may reasonably be regarded as supporting any case for defence. |
(4) If in any proceedings—
| (a) | a defendant is charged with a sexual offence which was investigated as part of a complex historical abuse case; and |
| (b) | the identity of any alleged victim is the subject to reporting restrictions; |
then the court shall impose the same reporting restrictions on the identity of the defendant.'.
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