S.C.E.
Amendment Paper as at
Tuesday 22nd June 2004
STANDING COMMITTEE E
New Amendments handed in are marked thus *
DOMESTIC VIOLENCE, CRIME AND VICTIMS BILL [LORDS]
Mr Paul Goggins
That the Domestic Violence, Crime and Victims Bill [Lords] be considered in the following order: Clauses 1 to 16, Schedule 1, Clause 17, Schedule 2, Clauses 18 to 20, Schedule 3, Clauses 21 to 24, Schedule 4, Clause 25, Schedule 5, Clauses 26 to 30, Schedule 6, Clauses 31 to 34, Schedules 7 and 8, Clause 35, Schedule 9, Clauses 36 to 39, New Clauses, New Schedules, remaining proceedings on Bill.
Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
14
Clause 1, page 1, line 6, after 'violence)', insert
'(1) In section 42 after paragraph (2)(b) insert
"(c) | if in any family proceedings the court considers that the respondent has been, or is likely to be responsible for an act of domestic violence as defined by section 30A.". |
(2) '.
Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
1
Clause 1, page 1, line 8, leave out 'does anything' and insert 'commits an act of domestic violence.'.
Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
2
Clause 1, page 2, line 1, leave out 'existence' and insert 'terms'.
Mr Dominic Grieve
Mrs Cheryl Gillan
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
78
Clause 1, page 2, line 1, leave out 'existence' and insert 'content'.
Mr Dominic Grieve
Mrs Cheryl Gillan
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
79
Clause 1, page 2, line 9, leave out '5 years' and insert '1 year'.
Mr Dominic Grieve
Mrs Cheryl Gillan
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
80
Clause 1, page 2, line 11, leave out '12 months' and insert '6 months'.
Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
29
Clause 2, page 2, line 22, leave out subsection 2 and insert
'(2) In Part 4 of the Family Law Act 1996 leave out subsections 35 (10), 36 (10), 37 (5), and 38 (6) and replace each of these subsections with
"( ) | an order under this section may, in so far as it has continuing effect, be made for a specified period, until the occurrence of a specified event or until further order.".'. |
Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
15
Clause 4, page 2, line 35, leave out from 'other' to end of line.
Mr David Heath
Sandra Gidley
31
Clause 4, page 2, line 35, leave out 'significant duration' and insert 'such significance as to justify the making of an order'.
Mr David Heath
Sandra Gidley
37
Clause 5, page 2, line 39, after 'dies', insert 'or is seriously harmed'.
Mr Dominic Grieve
Mrs Cheryl Gillan
Mr Geoffrey Clifton-Brown
8
Clause 5, page 2, line 41, leave out from 'V' to end of line 1 on page 3.
Mr David Heath
Sandra Gidley
38
Clause 5, page 3, line 5, after 'death', insert 'or serious harm'.
Mr David Heath
Sandra Gidley
32
Clause 5, page 3, line 6, after 'ought', insert 'reasonably'.
Mr David Heath
Sandra Gidley
33
Clause 5, page 3, line 11, after 'ought', insert 'reasonably'.
Mr Paul Goggins
56
Clause 5, page 3, line 12, leave out subsection (2).
Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
24
Clause 5, page 3, line 15, at end insert
'(2A) A person who is a victim of domestic violence should not be regarded as having caused or allowed a child or vulnerable adult to be injured or killed (as the case may be) unless there is clear evidence that this person actively contributed to the injury or killing of a child or a vulnerable adult.'.
Mr Dominic Grieve
Mrs Cheryl Gillan
Mr Geoffrey Clifton-Brown
69
Clause 5, page 3, line 18, leave out 'If D was not' and insert Irrespective of whether or not D was'.
Mr Dominic Grieve
Mrs Cheryl Gillan
Mr Geoffrey Clifton-Brown
Mr Hilton Dawson
5
Clause 5, page 3, line 20, leave out '16' and insert '18'.
Mr Dominic Grieve
Mrs Cheryl Gillan
Mr Geoffrey Clifton-Brown
6
Clause 5, page 3, line 20, leave out '16' and insert '14'.
Mr David Heath
Sandra Gidley
39
Clause 5, page 3, line 20, after 'death', insert 'or serious harm'.
Mr David Heath
Sandra Gidley
40
Clause 5, page 3, line 30, after 'death', insert 'or serious harm'.
Mr Dominic Grieve
Mrs Cheryl Gillan
Mr Geoffrey Clifton-Brown
9
Clause 5, page 3, line 32, leave out from 'offence' to the end of line 36.
Mr Hilton Dawson
70
Clause 5, page 3, line 34, leave out 'ten' and insert 'thirteen'.
Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
22
Clause 5, page 4, line 3, at end add
'(9) For the purposes of this section, a person who is a victim of domestic violence should not be regarded as having caused or allowed a child or vulnerable adult to be injured or killed (as the case may be) unless there is clear evidence that this person actively contributed to the injury or killing of a child or a vulnerable adult.'.
Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
Mr Hilton Dawson
28
Clause 7, page 4, line 18, after 'death', insert 'or suicide'.
Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
Mr Hilton Dawson
27
Clause 7, page 4, line 18, leave out 'a person aged 16 or over' and insert 'an adult or child'.
Mr David Heath
Sandra Gidley
48
Clause 7, page 4, line 18, leave out 'aged 16 or over' and insert '(other than a person aged 16 or under in respect of whom a Serious Case Review has been undertaken)'.
Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
3
Page 5, line 18, leave out Clause 8.
Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
10
Clause 10, page 6, line 4, at end insert
'(1A) In subsection (1) of that section after "an order under this section" insert
"(a) | if the prosecutor asks it do so, or |
(b) | if the court thinks it is appropriate to do so." |
'(1B) After subsection (2) of that section insert
(1C) After subsection (3) of that section insert
"(3A) An order under this section takes effect on the day on which it is made, but the court may provide in any such order that such requirements of the order as it may specify shall, during any period when the offender is detained in legal custody, be suspended until his release from that custody.".'
Mr David Heath
Sandra Gidley
34
Clause 10, page 6, line 6, after 'heard', insert 'on the making of an order under this Act and'.
Mr David Heath
Sandra Gidley
82
*Clause 10, page 6, line 7, at end insert
'(4B) Where the defendant and any person mentioned in the order are involved in Family Proceedings (as defined in section 63 of the Family Law Act 1996) either party may apply to that Family Court to vary, but not to discharge, the order and the court, if it is satisfied that it is appropriate for it to do so, may vary the order in so far as it affects the parties involved in the Family Proceedings or any child of either of them'.
Mr David Heath
Sandra Gidley
44
Clause 10, page 6, line 15, leave out first 'the defendant' and insert 'a party to the case'.
Mr David Heath
Sandra Gidley
41
Clause 10, page 6, line 15, leave out 'an' and insert 'a temporary'.
Mr David Heath
Sandra Gidley
45
Clause 10, page 6, line 15, leave out second 'defendant' and insert 'party'.