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26 Jan 2004 : Column 200W—continued

Corporate Manslaughter

Mr. Dismore: To ask the Secretary of State for the Home Department when he expects to publish (a) the draft Corporate Manslaughter Bill and (b) the legislative timetable for the Bill; and if he will make a statement. [140793]

Paul Goggins [holding answer 1 December 2003]: The Government are committed to reforming the law on corporate manslaughter. We intend to publish our proposals for legislation in the near future, followed by a draft Bill in the spring.

Correspondence

Mr. Kaufman: To ask the Secretary of State for the Home Department (1) when he will reply to the letter to him dated 23 November 2003 from the right hon. Member for Manchester, Gorton with regard to E. Elbasani; [147611]

(2) when he intends to reply to the letter to him dated 13 November 2003 from the right hon. Member for Manchester, Gorton with regard to Mr. E. Elbasani. [149549]

Mr. Blunkett: I wrote to my right hon. Friend on 23 January 2004.

Crime Reduction Initiatives

Dr. Kumar: To ask the Secretary of State for the Home Department what action is being taken to reduce and tackle persistent offending through targeting (a) prolific offenders and (b) improving security; where such schemes and projects are being trialled; and how and when such initiatives will be introduced in Middlesbrough South and Cleveland, East. [144756]

Paul Goggins: The national Persistent Offender Scheme was launched in April 2003. It is a component of Local Criminal Justice Boards' action plans to increase the number of offences brought to justice, aimed at targeting a small group of prolific offenders who are responsible for a disproportionate amount of crime. Areas have devised their own 'premium service' protocols which include elements of proactive policing, improved investigation and case management, priority court listings, and strategies for rehabilitation.

The National Probation Service is piloting 15 Intensive Supervision and Monitoring Schemes (ISMSs) for persistent offenders in local probation/police areas. All Schemes involve joint working between probation and police. In addition, some Schemes are testing mechanisms for involving the prison service in pre-release work with persistent offenders. ISMSs target the most prolific offenders in a locality, based on police intelligence. They provide intensive surveillance and supervision of offenders, offering fast access to services and support for rehabilitation, alongside swift action and penalties for non-compliance. They involve other partner agencies such as providers of housing, education and training, alcohol and drug abuse treatment groups and employment services.

In addition, the Government has given the courts new secure remand and tagging powers for 12- to 16-year olds who repeatedly offend on bail, funded the Youth Justice Board'sIntensive Supervision and Surveillance

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Programmes for the most prolific young offenders and renewed its commitment to maintain the time from arrest to sentence for persistent young offenders at or below 71 days.

The following local schemes cover the Middlesbrough South and East Cleveland constituency:

Intensive Supervision and Monitoring Scheme for adult offenders (Police/Probation).

Intensive Supervision and Surveillance Programmes for young offenders (Youth Offending Teams).

Both schemes operate throughout Middlesbrough, Redcar and Cleveland.

Criminal Justice Intervention Programme (CJIP)—there is an existing scheme operating in Middlesbrough, and Redcar and Cleveland will benefit from the CJIP funding being made available to all parts of the country.

Criminal Injuries Compensation

Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department what plans he has to formulate a definition of a crime of violence in relation to the Criminal Injuries Compensation Scheme. [146281]

Paul Goggins: None. The Scheme has functioned effectively since its inception in 1964 without the need to define what is meant by such terms as 'criminal injury' or 'crime of violence'. Any detailed definition runs the risk of being too prescriptive and excluding borderline cases where discretion might reasonably be exercised. There would also be the risk of failing to include sufficient scope to accommodate changes in the nature of crime, such as deliberately infecting someone with Aids, or stalking. We consider that in its present form the Scheme strikes an appropriate balance between breath of scope and necessary clarification.

Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department what steps the Government is taking to ensure the Criminal Injuries Compensation Scheme does not deem physical violence to be an essential component of a sexual offence. [146282]

Paul Goggins: The Criminal Injuries Compensation Scheme already recognises that physical violence is not an essential component of sexual offences by making provision (at paragraph 9 of the 2001 Scheme) for compensation to be paid where such offences have caused mental injury alone.

Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department how the Criminal Injuries Compensation Scheme deals with the role of grooming as a tactic of abusers. [146283]

Paul Goggins: In considering applications for compensation submitted in respect of alleged abuse of children, claims officers of the Criminal Injuries Compensation Authority take account of any available evidence of grooming and/or abuse of power when they decide whether an applicant was able to give and actually gave informed consent to what took place.

Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department what research has been conducted on the suitability of trusts as a means for

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victims to retain their eligibility for benefits after a compensation pay-out; and if he will make a statement. [146285]

Paul Goggins: The Home Office has conducted no such research, nor is any planned.

Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department whether he will accept the recommendations of Victim Support in their report Insult to Injury. [146286]

Paul Goggins: We have issued a consultation paper inviting views on ways in which the Criminal Injuries Compensation Scheme might be changed to release resources for wider victims' programmes. Victim Support has been consulted about the developing proposals. We will consider their report's recommendations, and any further comments they wish to offer.

Criminal Justice Interventions Programme

Stephen Hesford: To ask the Secretary of State for the Home Department if he will make a statement on the role of the Criminal Justice Interventions Programme in addressing drug-misusing offenders. [148428]

Caroline Flint: The Criminal Justice Interventions Programme (CJIP) is a programme of measures designed to help drug misusing offenders reduce their offending behaviour by accessing drug treatment. The programme includes enhanced arrest referral, drug testing on charge and a range of initiatives to improve treatment needs of offenders while serving their sentence. CJIP also encourages the positive reintegration into society of drug misusers after they have left the judicial system.

CJIP rolled out on April 2003 and will expand its coverage from April 2004.

Criminal Justice System

Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department what research is planned on disabled children and young people's (a) access to and (b) experience of the criminal justice system. [146291]

Paul Goggins: There is no specific research planned on disabled children's and young people's access to the criminal justice system. However work is under way with the Department for Education and Skills (DfES) to ensure that the criminal justice system is adequately covered in the Citizenship section of the National Curriculum. As part of this we will ensure that disabled children have the same opportunities to learn about and experience the criminal justice system as other children.

Andrew Rosindell: To ask the Secretary of State for the Home Department what plans he has to improve the efficiency of the criminal justice system. [146670]

Paul Goggins: The Home Office, Department for Constitutional Affairs and the Crown Prosecution Service share a Criminal Justice System tri-lateral Public Service Agreement target to increase value for money from the Criminal Justice System by 3 per cent. a year. The technical note for how this target will be achieved was published and announced in the House in July 2003.

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Criminal Offences

Mr. Oaten: To ask the Secretary of State for the Home Department if he will list, broken down by Act, the criminal offences created in legislation sponsored by his Department in session 2002–03. [143273]

Paul Goggins: The following offences have been created, modified or re-enacted by the Sexual Offences Act 2003:

section 1: Rape

section 2: Assault by penetration

section 3: Sexual assault

section 4: Causing a person to engage in sexual activity without consent

section 5: Rape of a child under 13

section 6: Assault of a child under 13 by penetration

section 7: Sexual assault of a child under 13

section 8: Causing or inciting a child under 13 to engage in sexual activity

section 9: Sexual activity with a child

section 10: Causing or inciting a child to engage in sexual activity

section 11: Engaging in sexual activity in the presence of a child

section 12: Causing a child to watch a sexual act

section 13: Child sex offences committed by children or young persons

section 14: Arranging or facilitation commission of a child sex offence

section 15: Meeting a child following sexual grooming etc

section 16: Abuse of position of trust: sexual activity with a child

section 17: Abuse of position of trust: causing or inciting a child to engage in sexual activity

section 18: Abuse of position of trust: sexual activity in the presence of a child

section 19: Abuse of position of trust: causing a child to watch a sexual act

section 25: Sexual activity with a child family member

section 26: Inciting a child family member to engage in sexual activity

section 30: Sexual activity with a person with a mental disorder impeding choice

section 31: Causing or inciting a person with a mental disorder impeding choice to engage in sexual activity

section 32: Engaging in sexual activity in the presence of a person with a mental disorder impeding choice

section 33: Causing a person, with a mental disorder impeding choice, to watch a sexual act

section 34: Inducement, threat or deception to procure sexual activity with a person with a mental disorder

section 35: Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception

section 36: Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder

section 37: Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception

section 38: Care workers: sexual activity with a person with a mental disorder

section 39: Care workers: causing or inciting sexual activity

section 40: Care workers: sexual activity in the presence of a person with a mental disorder

section 41: Care workers: causing a person with a mental disorder to watch a sexual act

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section 45: Indecent photographs of persons aged 16 or 17

section 46: Criminal proceedings, investigations, etc

section 47: Paying for sexual services of a child

section 48: Causing or inciting child prostitution or pornography

section 49: Controlling a child prostitute or a child involved in pornography

section 50: Arranging or facilitating child prostitution or pornography

section 52: Causing or inciting prostitution for gain

section 53: Controlling prostitution for gain

section 55: Penalties for keeping a brothel used for prostitution

section 56: Extension of gender-specific prostitution offences

section 57: Trafficking into the UK for sexual exploitation

section 58: Trafficking within the UK for sexual exploitation

section 59: Trafficking out of the UK for sexual exploitation

section 61: Administering a substance with intent

section 62: Committing an offence with intent to commit a sexual offence

section 63: Trespass with intent to commit a sexual offence

section 64: Sex with an adult relative: penetration

section 65: Sex with an adult relative: consenting to penetration

section 66: Exposure

section 67: Voyeurism

section 69: Intercourse with an animal

section 70: Sexual penetration of a corpse

section 71: Sexual activity in a public lavatory

section 72: Offences outside the United Kingdom—extension of jurisdiction

section 91: Offences relating to notification (breach of the notification requirements)

section 113: Breach of sexual offences prevention order or interim sexual offences prevention order

section 122: Breach of foreign travel order

section 128: Breach of risk of sexual harm order or interim risk of sexual harm order.

Under section 81 of the Crime (International Co-operation) Act 2003 it is now an offence to obstruct a person carrying out an inspection of the Schengen Information System, the Europol Information System or the Customs Information System. Section 88 of the Act extends the scope of section 5 of the Forgery and Counterfeiting Act 1981 so it will also apply to the forgery of bankers drafts, promissory notes and debit cards.

The Anti Social Behaviour Act 2003 creates a number of new offences. Under section 4 of the Act (closure of premises where drugs are used unlawfully) a person commits an offence if he remains on or enters premises in contravention of a closure notice. A person also commits an offence if:

(a) He obstructs a constable or authorised person acting under section 1(6) (service of a closure notice) or section 3(2) (entering the premises or doing anything reasonably necessary to secure the premises against entry).

(b) He remains on premises in respect of which a closure order has been made.

(c) He enters the premises.

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Under section 32 (Dispersal of groups) a person who knowingly contravenes a direction given to him under section 30(4) (to disperse, to leave the relevant locality or prohibiting a return to the relevant locality) commits an offence.

Under section 37 it is an offence to carry an air weapon (whether loaded or not) or an imitation firearm in a public place without lawful authority or reasonable excuse.

Under section 38 it is an offence for a person under the age of 17 to have with him an air weapon or ammunition for an air weapon.

Under section 38 it is an offence for a 14 to 16-year-old to fire an air weapon beyond the boundary of private land under the circumstances where he has the permission of the occupier to shoot unsupervised.

Under section 39 it is an offence for a person to possess, purchase or acquire, or manufacture, sell or transfer any air rifle, air gun or air pistol which uses, or is designed or adapted for use with, a self-contained gas cartridge system. If at the time that this provision comes into force, a person has such an air rifle, air gun or air pistol in his possession, he will not be prevented from continued possession, but it will be an offence for him to continue possession without a licence.

Under section 40 a person commits an offence if without reasonable excuse he permits premises to be open in contravention of a closure order issued because a public nuisance is being caused by noise coming from the premises.

Under section 54 a person commits an offence if he sells an aerosol paint container to a person under the age of 16.

Under section 58 a person commits an offence if he knows that a direction under section 63(2) of the Criminal Justice and Public Order Act 1994 has been given which applies to him and he makes preparations for or attends a rave within 24 hours of the direction being given.

Under section 61 a person commits an offence if he knows that a direction under section 62A of the Criminal Justice and Public Order Act 1994 has been given which applies to him and he fails to leave the land as soon as reasonably practicable, or if, within three months of the direction being given, he enters any land in the area of the relevant local authority as a trespasser with the intention of residing there.

Under section 75 a person commits an offence if he fails to comply with a remedial notice to take action in relation to a high hedge.

Under section 77 a person commits an offence if he intentionally obstructs a person exercising the powers to enter the neighbouring land in order to carry out their functions under the Act.

As a result of legislation introduced by private members, the following offences were enacted in the Female Genital Mutilation Act 2003:

section 1: Offence of female genital mutilation

section 2: Offence of assisting a girl to mutilate her own genitalia

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section 3: Offence of assisting a non-UK person to mutilate overseas a girl's genitalia

section 4: Extension of sections 1–3 to extra-territorial acts.

Sections 1 and 2 of the 2003 Act re-enact existing offences under the Prohibition of Female Circumcision Act 1985. Sections 3 and 4 introduce new offences.

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