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S.C.B.Standing Committee Proceedings: 25th October 2005          

122

 

Violent Crime Reduction Bill, continued

 
 

‘     

An offence is aggravated by reason of being committed against a public servant

 

for the purposes of Sections [Offences against public servants: malicious

 

wounding etc.] and [Offences against public servants: harassment etc.] if the

 

victim is a public servant under the provisions of Section [Definition of “public

 

servant”].’.

 


 

Definition of ‘public servant’

 

Mr James Clappison

 

Not called  nc4

 

To move the following Clause:—

 

‘A person is a public servant if—

 

(a)    

he is an employee of a public authority acting in the course of his

 

employment;

 

(b)    

he is engaged in the provision of care on behalf of the National Health

 

Service and acting in the course of his employment;

 

(c)    

he is engaged in the provsion of education in maintained schools or

 

further or higher education and acting in the course of his employment;

 

(d)    

he is employed by central or local government, including fire services,

 

and is acting in the course of his employment;

 

(e)    

he is engaged in the provision of social housing and is acting in the course

 

of his employment;

 

(f)    

he is engaged in the provision of public transport, including railways,

 

buses and taxis, and is acting in the course of his employment.’.

 


 

Offences agains public servants: malicious wounding etc.

 

Mr James Clappison

 

Not called  nc5

 

To move the following Clause:—

 

‘(1)    

A person is guilty of an offence under this section if he commits—

 

(a)    

an offence under section 20 of the Offences Against the Person Act 1861

 

(24 and 25 Vict c. 100) (malicious wounding or grievious bodily harm),

 

(b)    

an offence against section 47 of that Act (actual bodily harm), or

 

(c)    

common assault,

 

    

which is aggravated by reason of being committed against a public servant.

 

(2)    

A person guilty of an offence falling within subsection (1)(a) or (b) above shall

 

be liable—

 

(a)    

on summary conviction, to imprisonment for a term not exceeding the

 

statutory maximum, or to a fine, or to both;

 

(b)    

on conviction on indictment, to imprisonment for a term not exceeding

 

seven years or to a fine, or to both.


 
 

S.C.B.Standing Committee Proceedings: 25th October 2005          

123

 

Violent Crime Reduction Bill, continued

 
 

(3)    

A person guilty of an offence falling with subsection (1)(c) above shall be

 

liable—

 

(a)    

on summary conviction, to imprisonment for a term not exceeding six

 

months or to a fine not exceeding the statutory maximum, or to both;

 

(b)    

on conviction on indictment to imprisonment for a term not exceeding

 

two years or to a fine, or to both.’.

 


 

Offences against public servants: harassment etc

 

Mr James Clappison

 

Not called  nc6

 

To move the following Clause:—

 

‘(1)    

A person is guilty of an offence under this section if he commits—

 

(a)    

an offence under section 4 of the Public Order Act 1986 (c. 64) (fear or

 

provocation of violence);

 

(b)    

an offence under section 4A of that Act (intentional harassment, alarm or

 

distress); or

 

(c)    

an offence against section 5 of that Act (harassment, alarm or distress),

 

    

which is aggravated by reason of being committed against a public servant.

 

(2)    

A constable may arrest without warrant anyone whom he reasonably suspects to

 

be committing an offence falling within subsections (1)(a) or (b) above.

 

(3)    

A constable may arrest a person without warrant if—

 

(a)    

he engages in conduct which a constable reaonably suspects to constitute

 

an offence falling within subsection (1)(c) above;

 

(b)    

he is warned by the constable to stop; and

 

(c)    

he engages in further such conduct immediately, or shortly after the

 

warning.

 

    

The conduct mentioned in paragraph (a) above and the further conduct need not

 

be of the same nature.

 

(4)    

A person guilty of an offence falling within subsections (1)(a) or (b) above shall

 

be liable—

 

(a)    

on summary conviction, to imprisonment for a term not exceeding six

 

months or to a fine not exceeding the statutory maximum, or to both;

 

(b)    

on conviction on indictment, to imprisonment for a term not exceeding

 

two years or to a fine, or to both.

 

(5)    

A person guilty of an offence falling within subsection (1)(c) above shall be liable

 

to a fine not exceeding level 4 on the standard scale.

 

(6)    

If, on the trial on indictment of a person charged with an offence falling within

 

subsections (1)(a) or (b) above the jury find him not guilty of the offence charged,

 

they may find him guilty of the basic offence mentioned in that provision.’.

 



 
 

S.C.B.Standing Committee Proceedings: 25th October 2005          

124

 

Violent Crime Reduction Bill, continued

 
 

Power to search for weapons

 

Lynne Featherstone

 

John Thurso

 

Not called  nc10

 

To move the following Clause:—

 

‘After Section 85A of the Further and Higher Education Act, as amended,

 

insert—

 

“85AA

Power of members of staff to search students, etc. for weapons

 

(1)    

A member of the staff of a college of further education who has

 

reasonable grounds for believing that a student at the college may have

 

with him or in his possessions—

 

(a)    

an article to which section 139 of the Criminal Justice Act 1988

 

applies (knives and blades etc.), or

 

(b)    

an offensive weapon (within the meaning of the Prevention of

 

Crime Act 1953),

 

    

may search that student or his possessions for such articles and weapons.

 

(2)    

A search under this section may be carried out only where—

 

(a)    

the member of the staff and the student are on the premises of the

 

college; or

 

(b)    

they are elsewhere and the member of the staff has lawful control

 

or charge of the student.

 

(3)    

A person may carry out a search under this section only if—

 

(a)    

he is the principal of the college; or

 

(b)    

he has been authorised by the principal to carry out the search.

 

(4)    

A person who carries out a search of a student under this section—

 

(a)    

may not require the student to remove any clothing other than

 

outer clothing;

 

(b)    

must be of the same sex as the student; and

 

(c)    

may carry out the search only in the presence of another person

 

who is aged 18 or over and is also of the same sex as the student.

 

(5)    

A student’s possessions may not be searched under this section except in

 

his presence and in the presence of a person (in addition to the person

 

carrying out the search) who is aged 18 or over.

 

(6)    

If a person who, in the course of a search under this section, finds—

 

(a)    

anything which he has reasonable grounds for suspecting falls

 

within subsection (1) (a) or (b), or

 

(b)    

any other thing which he has reasonable grounds for suspecting

 

is evidence in relation to an offence

 

    

he may seize and retain it.

 

(7)    

A person who exercises a power under this section may use such force as

 

is reasonable in the circumstances for exercising that power.

 

(8)    

An authorisation for the purposes of subsection (3) (b) may be given

 

either in relation to a particular search or generally in relation to searches

 

under this section or to a particular description of such searches.


 
 

S.C.B.Standing Committee Proceedings: 25th October 2005          

125

 

Violent Crime Reduction Bill, continued

 
 

(9)    

In this section—

 

‘outer clothing’ includes an outer coat, a jacket, gloves and a hat;

 

‘possessions’, in relation to a student of a college, includes any goods

 

over which he has or appears to have control.

 

(10)    

The powers conferred by this section are in addition to any powers

 

exercisable by the member of the staff in question apart from this section

 

and are not to be construed as restricting such powers.”.’.

 


 

Appeals against designation of zones

 

Mr Humfrey Malins

 

Mr Jonathan Djanogly

 

Mr Mark Prisk

 

Not called  NC11

 

To move the following Clause:—

 

‘(1)    

Any—

 

(a)    

person who holds a premises licence authorising the use of the premises

 

in an alcohol disorder zone for the sale of alcohol by retail, or

 

(b)    

club which is authorised by virtue of a club premises certificate to use

 

premises in such zones for the supply of alcohol to members or guests,

 

    

may appeal to the Tribunal.

 

(2)    

On an appeal under this section, the Tribunal may—

 

(a)    

dismiss the appeal, or

 

(b)    

exclude an area, which includes the premises of the appellant, from the

 

relevant alcohol disorder zone, or

 

(c)    

revoke the designation of an area designated as an alcohol disorder zone.

 

(3)    

No area which has ceased to be, or to be part of, an alcohol disorder zone pursuant

 

to subsection (2)(a) or (2)(b) may be re-designated as an alcohol disorder zone

 

within two years of it ceasing to be so designated without the consent of the

 

President of the Tribunal.’.

 


 

Constitution of Tribunal

 

Mr Humfrey Malins

 

Mr Jonathan Djanogly

 

Mr Mark Prisk

 

Not called  NC12

 

To move the following Clause:—

 

‘(1)    

In sections [Appeals against designation of zones] [Tribunal Procedure], “the

 

Tribunal” means the Alcohol Disorder Zone (Designation) Tribunal.

 

(2)    

The Tribunal shall exercise the jurisdiction conferred on it by this Chapter.

 

(3)    

There shall be appointed—

 

(a)    

a President of the Tribunal (referred to in this Chapter as “the President”),


 
 

S.C.B.Standing Committee Proceedings: 25th October 2005          

126

 

Violent Crime Reduction Bill, continued

 
 

(b)    

a panel of persons (referred to in this Chapter as “the chairmen’s panel”)

 

who may serve as chairman of the Tribunal, and

 

(c)    

a panel of persons (referred to in this Chapter as “the lay panel”) who may

 

serve as the other two members of the Tribunal apart from the chairman.

 

(4)    

The President and the members of the chairmen’s panel shall each be appointed

 

by the Lord Chancellor.

 

(5)    

The members of the lay panel shall each be appointed by the Secretary of State.

 

(6)    

The Secretary of State may by regulations—

 

(a)    

provide for the jurisdiction of the Tribunal to be exercised by such

 

number of tribunals as may be determined from time to time by the

 

President, and

 

(b)    

make such other provision in connection with the establishment and

 

continuation of the Tribunal as the Secretary of State considers necessary

 

or desirable.

 

(7)    

The Secretary of State may, with the consent of the Treasury, provide such staff

 

and accommodation as the Tribunal may require.’.

 


 

President and members of the panels

 

Mr Humfrey Malins

 

Mr Jonathan Djanogly

 

Mr Mark Prisk

 

Not called  NC13

 

To move the following Clause:—

 

‘(1)    

No person may be appointed President or member of the chairmen’s panel unless

 

he has a seven year general qualification (within the meaning of section 71 of the

 

Courts and Legal Services Act 1990).

 

(2)    

The Secretary of State may by regulations make provision about the requirements

 

to be satisfied by a person before he may be appointed a member of the lay panel.

 

(3)    

If, in the opinion of the Lord Chancellor and of the Lord Chief Justice, the

 

President is unfit to continue in office or is incapable of performing his duties, the

 

Lord Chancellor may, with the concurrence of the Lord Chief Justice, revoke his

 

appointment.

 

(4)    

Each member of the chairmen’s panel or lay panel shall hold and vacate office

 

under the terms of the instrument under which he is appointed.

 

(5)    

The President or a member of the chairmen’s panel or lay panel—

 

(a)    

may resign office by notice in writing to the Lord Chancellor or (as the

 

case may be) the Secretary of State, and

 

(b)    

is eligible for re-appointment if he ceases to hold office.’.

 



 
 

S.C.B.Standing Committee Proceedings: 25th October 2005          

127

 

Violent Crime Reduction Bill, continued

 
 

Remuneration and expenses

 

Mr Humfrey Malins

 

Mr Jonathan Djanogly

 

Mr Mark Prisk

 

Not called  NC14

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may pay to the President, and to any other person in respect

 

of his service as a member of the Tribunal, such remuneration and allowances as

 

the Secretary of State may, with the consent of the Treasury, determine.

 

(2)    

The Secretary of State may defray the expenses of the Tribunal to such amount as

 

he may, with the consent of the Treasury, determine.’.

 


 

Tribunal procedure

 

Mr Humfrey Malins

 

Mr Jonathan Djanogly

 

Mr Mark Prisk

 

Not called  NC15

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may by regulations make provision about the proceedings

 

of the Tribunal on an appeal under this Chapter and the initiation of such an

 

appeal.

 

(2)    

The regulations may, in particular, include provision—

 

(a)    

as to the period within which, and the manner in which, appeals are to be

 

instituted,

 

(b)    

where the jurisdiction of the Tribunal is being exercised by more than one

 

tribunal—

 

(i)    

for determining by which tribunal any appeal is to be heard, and

 

(ii)    

for the transfer of proceedings from one tribunal to another,

 

(c)    

for enabling any functions which relate to matters preliminary or

 

incidental to an appeal to be performed by the President, or by the

 

chairman,

 

(d)    

for hearings to be conducted in the absence of any member other than the

 

chairman,

 

(e)    

as to the persons who may appear on behalf of the parties,

 

(f)    

for granting any person such disclosure or inspection of documents or

 

right to further particulars as might be granted by a county court,

 

(g)    

requiring persons to attend to give evidence and produce documents,

 

(h)    

for authorising the administration of oaths to witnesses,

 

(i)    

for the determination of appeals without a hearing in prescribed

 

circumstances,

 

(j)    

as to the withdrawal of appeals,

 

(k)    

for the award of costs or expenses,

 

(l)    

for taxing or otherwise settling any such costs or expenses (and, in

 

particular, for enabling such costs to be taxed in the county court),

 

(m)    

for the registration and proof of decisions and orders, and


 
 

S.C.B.Standing Committee Proceedings: 25th October 2005          

128

 

Violent Crime Reduction Bill, continued

 
 

(n)    

for enabling the Tribunal to review its decisions, or revoke or vary its

 

orders, in such circumstances as may be determined in accordance with

 

the regulations.

 

(3)    

The Secretary of State may pay such allowances for the purpose of or in

 

connection with the attendance of persons at the Tribunal as he may, with the

 

consent of the Treasury, determine.

 

(4)    

Part I of the Arbitration Act 1996 shall not apply to any proceedings before the

 

Tribunal but regulations may make provision corresponding to any provision of

 

that Part.

 

(5)    

Any person who without reasonable excuse fails to comply with—

 

(a)    

any requirement in respect of the discovery or inspection of documents

 

imposed by the regulations by virtue of subsection (2)(f), or

 

(b)    

any requirement imposed by the regulations by virtue of subsection

 

(2)(g),

 

    

is guilty of an offence.

 

(6)    

A person guilty of an offence under subsection (5) is liable on summary

 

conviction to a fine not exceeding level 3 on the standard scale.’.

 


 

Alcohol Disorder Zone (Designation) Tribunal for Wales

 

Mr Humfrey Malins

 

Mr Jonathan Djanogly

 

Mr Mark Prisk

 

Not called  NC16

 

To move the following Clause:—

 

‘(1)    

There shall be a tribunal to be known as the Alcohol Disorder Zone (Designation)

 

Tribunal for Wales.

 

(2)    

Sections Appeals against designation of zones to Tribunal President shall apply

 

in relation to that tribunal as they apply in relation to the Alcohol Disorder Zone

 

(Designation) Tribunal, but as if—

 

(a)    

functions of the Secretary of State were functions of the National

 

Assembly for Wales,

 

(b)    

references to the Secretary of State were references to the National

 

Assembly for Wales,

 

(c)    

requirements for the Treasury’s consent were omitted.

 

(3)    

The powers of the National Assembly for Wales under sections 16B(4) and (5)

 

and 16C(2) are exercisable only with the agreement of the Secretary of State.’.

 


 

New Schedule

 

Hazel Blears

 

Added  ns1

 

To move the following Schedule:—


 
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