Amendments proposed to the Anti-social Behaviour Bill, As Amended - continued House of Commons

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Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
Annette Brooke
Matthew Green

Simon Hughes

60

Page     25,     line     36,     leave out Clause 30.


   

Annette Brooke
Matthew Green
Simon Hughes

83

Page     26,     line     28,     leave out Clause 31.


   

Annette Brooke
Matthew Green
Simon Hughes

84

Page     27,     line     1,     leave out Clause 32.

   

Annette Brooke
Matthew Green
Simon Hughes

85

Page     27,     line     25,     leave out Clause 33.


   

Annette Brooke
Matthew Green
Simon Hughes

86

Page     28,     line     1,     leave out Clause 34.

   

Mr Secretary Blunkett

40

Page     28,     line     6     [Clause     34],     leave out '29(1)(a)' and insert '30(1)(a)'.

   

Annette Brooke
Matthew Green
Simon Hughes

87

Page     28,     line     11,     leave out Clause 35.


NEW CLAUSES RELATING TO PART 4

Dispersal of groups from the vicinity of the Houses of Parliament

   

Mr Graham Allen
Sir George Young
Mr Bill Tynan
Sir Nicholas Winterton
Mr Brian Donohoe
Mr Michael Mates

NC5

To move the following Clause:—

    '(1)   The Secretary of State, on request from the Speaker of the House of Commons, may by order prescribe that individuals forming part of any permanent or semi-permanent group on Parliament Square should be dispersed.

    (2)   When the Secretary of State has made an order under subsection (1) it shall be the duty of the Commissioner of the Metropolitan Police within 12 hours to arrange for the dispersal of all those individuals by way of a direction given by a constable under section 29(4) of this Act.'.


   

Mr Secretary Blunkett

31

Page     29,     line     39     [Clause     36],     at end insert—

    '(8)   An order under section 57 made in relation to subsection (5) above may make provision for that subsection to come into force—

(a) for such period as is specified in the order;

(b) on different days in respect of persons of different ages.

    (9)   Subsection (8) does not affect section 58(2).

    (10)   The making of an order as mentioned in subsection (8)(a) does not prevent the making of a further order under section 57—

(a) whether for the same or a different purpose, or

(b) in relation to the same area.'.


   

Annette Brooke
Matthew Green
Simon Hughes

93

Page     31,     line     1     leave out Clause 38.


   

Mr Secretary Blunkett

33

Page     54,     line     10     [Schedule     2],     at end insert—

'(8A) If at any time while a supervision order imposing a foster parent residence requirement is in force, the supervisor notifies the offender—

(a)   that no suitable local authority foster parent is available, and

(b)   that the supervisor has applied or proposes to apply under paragraph 5 of Schedule 7 for the variation or revocation of the order,

 the foster parent residence requirement shall, until the determination of the application, be taken to require the offender to live in local authority accommodation (as defined by section 163 of this Act).'.


   

Annette Brooke
Matthew Green
Simon Hughes

94

Page     32,     line     19     [Clause     40],     leave out subsections (5) and (6).


NEW CLAUSES RELATING TO PART 5

Anti-social behaviour orders and the burden of proof

   

Mr Graham Allen

NC2

To move the following Clause:—

       'In granting an Anti-Social Behaviour Order, a court shall require the standard of proof of a civil proceeding.'.


Community sentences

   

Mr Graham Allen

NC4

To move the following Clause:—

       'Community Sentences shall be determined following consultation with local organisations including victims support groups, tenants associations and other organisations to be designated by the Secretary of State.'.


Community prosecution lawyers

   

Mr Frank Field

NC7

To move the following Clause:—

    '(1)   There shall be an office of Community Prosecution Lawyer in designated parliamentary constituencies in England and Wales.

    (2)   The Attorney General shall by order designate—

(a) the parliamentary constituencies for which, and

(b) the dates during which

       pilot schemes for the operation of the office of Community Prosecution Lawyer shall take place.

    (3)   It shall be the principal function of a Community Prosecution Lawyer to institute and have the conduct of proceedings relating to anti-social behaviour offences which are alleged to have been committed in the parliamentary constituency in respect of which he was elected.

    (4)   A Community Prosecution Lawyer shall carry out, in addition to his principal function, any such other function as may be assigned to him by the Attorney General under subsection (5)(b).

    (5)   The Attorney General may by order make provision about—

(a) the powers of a Community Prosecution Lawyer in pursuance of his principal functions, and any such additional functions prescribed under subsection (4);

(b) functions of Community Prosecution Lawyers in addition to the principal function;

(c) arrangements for the election to the office of Community Prosecution Lawyer;

(d) arrangements for appointment of staff to assist the office of Community Prosecution Lawyer;

(e) arrangements for resignation from the office of Community Prosecution Lawyer;

(f) criteria for disqualification from the office of Community Prosecution Lawyer;

(g) arrangements relating to remuneration of the office of Community Prosecution Lawyer and the staff of that office.

    (6)   The Attorney General may by order make provision for the holders of the office of Community Prosecution Lawyer to enter into arrangements with the Director of Public Prosecutions for carrying out the functions of the office of Community Prosecution Lawyer; and to carry out any such arrangements.

    (7)   The Attorney General may by order prescribe the rules relating to the conduct of prosecutions on behalf of a Community Prosecution Lawyer.

    (8)   In this Act "anti-social behaviour offence" means—

(a) any offence under this Act;

(b) an offence under—

(i) section 72 of the Highway Act 1835 (c. 50) (riding on a footway committed by cycling);

(ii) paragraph 10 of section 54 of the Metropolitan Police Act 1839 (c. 47) (affixing posters etc.);

(iii) section 80 of the Explosives Act 1875 (c. 17) (throwing fireworks in a thoroughfare);

(iv) section 20(1) of the London County Council (General Powers) Act 1954 (defacement of streets with slogans etc.);

(v) section 91 of the Criminal Justice Act 1967 (c. 80) (disorderly behaviour while drunk in a public place);

(vi) section 19 of the Firearms Act 1968 (c. 27) (carrying firearm or imitation firearm in a public place);

(vii) section 1(1) of the Criminal Damage Act 1971 (c. 48) (damaging property, involving only the painting or writing on, or the soiling, marking or other defacing of, any property by whatever means);

(viii) section 131(2) of the Highways Act 1980 (c. 66) (including that provision as applied by section 27(6) of the Countryside Act 1968 (c. 41)) (damaging highway, involving only an act of obliteration);

(ix) section 132(1) of the Highways Act 1980 (c. 66) (painting or affixing things on structures on the highway etc.);

(x) section 444(1) of the Education Act 1996 (c. 56) (failure to secure regular attendance at school of registered pupil);

(xi) section 1(10) of the Crime and Disorder Act 1998 (c. 37) (actions contrary to prohibition in anti-social behaviour order);

(xii) section 12 of the Criminal Justice and Police Act 2001 (c. 16) (consumption of alcohol in designated public place); or

(xiii) section 50(2) of the Police Reform Act 2002 (c. 30) (failure by person acting in an anti-social manner to provide correct name and address to a constable);

(c) any further offences under any enactment (whenever passed) designated by the Secretary of State by order as anti-social behaviour offences for the purposes of this Act.

    (9)   Every power conferred by this section on a Minister of the Crown to make orders or regulations is a power exercisable by statutory instrument.

    (10)   A statutory instrument containing an order or regulations made in exercise of any such power, may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.'.


   

Mr Secretary Blunkett

3

Page     34,     line     30     [Clause     43],     at end insert ', and

    (b)   after subsection (2) insert—

    "(3)   It is not an offence under section 22(4) of this Act for a person of or over the age of fourteen to have with him an air weapon or ammunition on private premises with the consent of the occupier.

    (4)   But where a person has with him an air weapon on premises in circumstances where he would be prohibited from having it with him but for subsection (3), it is an offence for him to use it for firing any missile beyond those premises."'.

   

Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois

(a)

Line     9,     at end insert—

    '( )   where an offence is committed under subsection (4) the donor or lender of the weapon shall also be liable for the offence.'.

   

Mr Secretary Blunkett

4

Page     34,     line     37     [Clause     43],     leave out 'and'.

 
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Prepared 20 Jun 2003