Amendments proposed to the Domestic Violence, Crime and Victims Bill [Lords] - continued	House of Commons
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Courts-martial etc

   

Paul Goggins

NC38

To move the following Clause:—

'Schedule (Unfitness to stand trial and insanity: courts-martial etc) (unfitness to stand trial and insanity: courts-martial etc) has effect.'.

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Powers of authorised officers executing warrants

   

Paul Goggins

NC42

To move the following Clause:—

    '(1)   After section 125B of the Magistrates' Courts Act 1980 (c.43) insert—

    "125BA    Powers of persons authorised under section 125A or 125B

Schedule 4A to this Act, which confers powers on persons authorised under section 125A or 125B for the purpose of executing warrants for the enforcement of fines and other orders, shall have effect."

    (2)   After Schedule 4 to that Act insert the Schedule set out in Schedule (Powers of authorised officers executing warrants) to this Act.'.

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Disclosure orders for purpose of executing warrants

   

Paul Goggins

NC43

To move the following Clause:—

'After section 125C of the Magistrates' Courts Act 1980 (c.43) insert—

    "125CA     Power to make disclosure order

    (1)   A magistrates' court may make a disclosure order if satisfied that it is necessary to do so for the purpose of executing a warrant to which this section applies.

    (2)   This section applies to a warrant of arrest, commitment, detention or distress issued by a justice of the peace in connection with the enforcement of a fine or other order imposed or made on conviction.

    (3)   A disclosure order is an order requiring the person to whom it is directed to supply the designated officer for the court with any of the following information about the person to whom the warrant relates—

(a)	his name, date of birth or national insurance number;

(b)	his address (or any of his addresses).

    (4)   A disclosure order may be made only on the application of a person entitled to execute the warrant.

    (5)   This section applies to the Crown as it applies to other persons.

    125CB    Use of information supplied under disclosure order

    (1)   Information supplied to a person under a disclosure order, or under this subsection, may be supplied by him to—

(a)	the applicant for the order or any other person entitled to execute the warrant concerned;

(b)	any employee of a body or person who, for the purposes of section 125B above, is an approved enforcement agency in relation to the warrant;

(c)	any justices' clerk or other person appointed under section 2(1) of the Courts Act 2003.

    (2)   A person who intentionally or recklessly—

(a)	discloses information supplied under a disclosure order otherwise than as permitted by subsection (1) above, or

(b)	uses information so supplied otherwise than for the purpose of facilitating the execution of the warrant concerned,

commits an offence.

    (3)   But it is not an offence under subsection (2) above—

(a)	to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or

(b)	to disclose any information which has previously been lawfully disclosed to the public.

    (4)   A person guilty of an offence under subsection (2) above is liable—

(a)	on summary conviction, to a fine not exceeding the statutory maximum;

(b)	on conviction on indictment, to a fine.

    (5)   In this section "disclosure order" has the meaning given by section 125CA(3) above."'.

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Procedure on breach of community penalty etc

   

Paul Goggins

NC44

To move the following Clause:—

'Schedule (Procedure on breach of community penalty etc) (procedure on breach of community penalty etc) has effect.'.

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Removal of anomalies in relation to cohabitants

   

Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown

NC1

To move the following Clause:—

       'Part 4 of the Family Law Act 1996 is amended as follows.

    (1)   Leave out section 41

    (2)   For section 35(10) substitute—

"An order under this section may, in so far as it has continuing effect, be made for a specified period, until the occurence of a specified event or until further order".

    (3)   For section 36(10) substitute—

"An order under this section may, in so far as it has continuing effect, be made for a specified period, until the occurence of a specified event or until further order".

    (4)   For section 37(5) substitute—

"An order under this section may, in so far as it has continuing effect, be made for a specified period, until the occurence of a specified event or until further order".'.

    (5)   For section 38(6) substitute—

"An order under this section may, in so far as it has continuing effect, be made for a specified period until the occurence of a specified event or until further order;".'.

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Amendments to the Youth Justice and Criminal Evidence Act 1999 to extend the category of witnesses eligible for assistance on grounds of fear or distress about testifying

   

Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
Mr David Heath
Sandra Gidley

NC2

To move the following Clause:—

       'In section 17 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (witnesses eligible for assistance on grounds of fear or distress about testifying) after subsection (4) insert—

    "(4A)   Where the complainant in respect of proceedings relating to any form of molestation, including violence, involving the complainant, a cohabitant, a relevant child or associated persons, is a witness in such proceedings, the witness is eligible for assistance in relation to those proceedings by virtue of this subsection unless the witness has informed the court of the witness' wish not to be so eligible by virtue of this subsection.

    (4B)   For the purposes of this subsection, 'cohabitant', 'relevant child' and 'asssociated persons' mean a person as defined by section 62 of the Family Law Act 1996 (c.27) (meaning of "cohabitants", "relevant child" and "associated person") as amended by sections 2 and 3 of this Act".'.

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Definition of domestic violence

   

Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown
Mr Hilton Dawson

NC3

To move the following Clause:—

       Before section 30 in Part 4 of the Family Law Act 1996 (c.27) (Family Homes and Domestic Violence) insert—

    "30A                                 Definition of domestic violence

    (1)   In this Act, and in any other family proceedings, 'domestic violence', in relation to any person, means violence against that person by any other person with whom that person is, or has been, in a domestic relationship.

    (2)   In this section, 'violence' means

(a)	physical abuse;

(b)	sexual abuse;

(c)	psychological or emotional abuse, including, but not limited to,

(i)	intimidation;

(ii)	harassment;

(iii)

damage to property;

(iv)	threats of physical abuse, sexual abuse or psychological abuse;

(v)	in relation to a child, abuse of the kind set out in subsection (3) of this section.

    (3)   Without limiting subsection (2)(c) of this section, a person psychologically abuses a child if that person

(a)	causes or allows the child to see or hear the physical, sexual or psychological abuse of a person with whom the child has a domestic relationship; or

(b)

puts that child, or allows the child to be put, at real risk of seeing or hearing that abuse occurring; but the person who suffers that abuse is not regarded, for the purposes of this subsection, as having caused or allowed the child to see or hear the abuse, or, as the case may be, as having put the child, or allowed the child to be put, at risk of seeing or hearing the abuse.

    (4)   Without limiting subsection (2) of this section;.

(a)	a single act may amount to abuse for the purposes of that subsection;

(b)	a number of acts that form part of a pattern of behaviour may amount to abuse for that purpose, even though some or all of those acts, when viewed in isolation, may appear to be minor or trivial.

    (5)   Behaviour may be psychological abuse for the purposes of subsection (2)(c) of this section which does not involve actual or threatened physical or sexual abuse.".'.

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Mandatory risk assessment checklist

   

Mrs Cheryl Gillan
Mr Dominic Grieve
Mrs Eleanor Laing
Mr Geoffrey Clifton-Brown

NC8

To move the following new Clause:—

       'After section 8 in PArt II of hte Children 1989 insert—

"8B    Mandatory risk assessment checklist

    (1)   When determining whether the child will be safe if contact or residence is granted to the abusive party, the court shall, so far as is practicable, have regard to the following matters—

(a)	the nature and severity of the ill-treatment;

(b)	how recently the ill-treatment occurred;

(c)	the frequency of the ill-treatment;

(d)	the risk of further ill-treament occurring;

(e)	the physical, sexual or emotional harm inflicted on the child or harm suffered by the child as a result of seeing or hearing ill-treatment of another person;

(f)	whether the other party to the proceedings

(i)	considers that the child will be safe while the abusive part has residence of, or contact with, the child; and

(ii)	consents to the abusive party having residence of, or contact with, the child;

(g)	the wishes of the child, if the child is able to express them, having regard to the age and maturity of the child;

(h)	any steps taken by the abusive party to prevent further ill-treatment from occurring;

(i)	any other matters as the court considers relevant.".'.

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Prepared 1 Jul 2004