sc102510.122-128

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

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:—