Amendments proposed to the Police and Justice Bill - continued House of Commons

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Designation of part 2 territories: omission of United States of America

   

David Davis
Mr Nick Clegg
Mr Dominic Grieve
Lynne Featherstone
Nick Herbert
Martin Horwood

NC8

*To move the following Clause:—

    '(1)   The Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (S.I. 2003/3334 is amended as follows.

    (2)   In the list of territories in paragraph 3(2) "The United States of America" is omitted.'.


Police powers of entry and examination of relevant offender's home address

   

Sir Paul Beresford
Mr Dominic Grieve
Nick Herbert
Mr John Randall
Mr Humfrey Malins

NC9

*To move the following Clause:—

    After section 88 of the Sexual Offences Act 2003 (c. 42) there is inserted—

          "88A   Police powers of entry and examination of relevant offender's home address for confirmation of residency and risk assessment

          (1)   Upon application by a constable of a relevant force a justice of the peace may grant a warrant authorising him to enter premises named on the warrant if he is satisfied that the conditions in subsection (2) are satisfied and that it is necessary for a warrant to be issued.

          (2)   The conditions mentioned in subsection (1) are—

          (a) that it is necessary to enter the premises named on the warrant to confirm the residency and risk assessment of the relevant person;

          (b) that it would assist the carrying out of the purpose of confirmation of residency and risk assessment, for a constable of the relevant force to examine and search the premises and the things in them; and

          (c) that on more than one occasion a constable of the relevant force has attempted to examine and search the premises and the things in them for the purpose of ascertaining residency and risk assessing the offender and has been unable (whether by not being able to search and examine the premises and the things in them, or by not being able to obtain entry to the premises) to do so.

          (3)   Section 16 of the Police and Criminal Evidence Act 1984 (c. 60) applies to warrants issued under subsections (1) above as though it were a search warrant issued under that Act.

          (4)   The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.

          (5)   This section does not prejudice any other power of entry, examination, search or seizure.

          (6)   In this section—

            'premises' means an address whose address has been notified by a relevant offender under sections 83 to 85 of this Act.

            'the relevant force' means the police force maintained for the area in which the premises are situated." '.


Duty on sexual or violent offender to co-operate

   

Sir Paul Beresford
Mr Dominic Grieve
Nick Herbert
Mr John Randall
Mr Humfrey Malins

NC10

*To move the following Clause:—

    After section 67 of the Criminal Justice and Court Services Act 2000 (c. 43) insert—

          "67A   Duty on offender to co-operate

          (1)   A relevant sexual or violent offender shall co-operate with any reasonable steps requested of him by the responsible authority.

          (2)   'Reasonable steps' shall:

          (a) include, but not be restricted to, providing access to his home address during a reasonable time of day to facilitate a risk assessment by the responsible authority; and

          (b) be restricted to steps necessary for them to discharge their responsibility under section 67 of this Act to assess the risk posed by the offender.

          (3)   A person who without reasonable excuse fails to comply with a reasonable step requested by him under subsection (1) of this section shall be liable upon summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

          (4)   In this section—

            'relevant sexual or violent offender' has the meaning given by section 68;

            'responsible authority' shall have the meaning given by section 67;

            'home address' shall have the meaning given by section 83(7) of the Sexual Offences Act 2003 (c. 42)." '.


Anti-social behaviour orders

   

Charlotte Atkins

NC11

*To move the following Clause:—

    '(1)   The Crime and Disorder Act 1998 (c. 37) is amended as follows.

    (2)   After subsection (9) of section 1 (anti-social behaviour orders), there is inserted—

          "(9A)   A relevant authority must conduct each year a review of an anti-social behaviour order if the following conditions are fulfilled, namely—

          (a) that the order was made against a child or young person;

          (b) that the child or young person has not reached the age of 18;

          (c) that the relevant authority applied for the order;

          (d) that the order has not been varied or discharged since it was made or since the most recent review; and

          (e) that at least one year has elapsed since the order was made.

          (9B)   In conducting a review the relevant authority must consider—

          (a) whether, in its view, the defendant has complied with the terms of the order;

          (b) whether the defendant's circumstances mean that he should be offered further support for the purpose of complying with the order; and

          (c) whether an application should be made to vary or discharge the order.

          (9C)   The relevant authority may carry out the review whether or not the defendant participates.

          (9D)   Except with the consent of the relevant authority, no copy of any report of the review's findings shall be given to the defendant.".'.


   

Lynne Featherstone
Martin Horwood

31

Page     7,     line     1,     leave out Clause 11.

   

Lynne Featherstone
Martin Horwood

32

Page     7,     line     15,     leave out Clause 12.

   

Lynne Featherstone
Martin Horwood

33

Page     7     [Clause     12],     leave out lines 27 to 32 and insert 'with the object of punishing the offender are limited to conditions that the offender attend a specified place at specified times.

    (3AA)   In subsection (3A) "specified" means specified by a relevant prosecutor.'.

   

Lynne Featherstone
Martin Horwood

36

Page     7     [Clause     12],     leave out lines 37 and 38.

   

Lynne Featherstone
Martin Horwood

34

Page     7,     line     38     [Clause     12],     at end insert—

    '(3D)   The conditions attached to a conditional caution must not include a financial penalty.'.

   

Lynne Featherstone
Martin Horwood

35

Page     7     [Clause     12],     leave out from beginning of line 39 to end of line 31 on page 8.


   

Lynne Featherstone
Martin Horwood

37

Page     8     [Clause     12],     leave out lines 12 to 14.

   

Lynne Featherstone
Martin Horwood

40

Page     8     [Clause     13],     leave out line 39 and insert—

       If a relevant prosecutor determines that a person arrested under this section has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, the person arrested may be—'.


   

Lynne Featherstone
Martin Horwood

38

Page     9,     line     18     [Clause     13],     after 'detention', insert 'for up to 12 hours'.

   

Lynne Featherstone
Martin Horwood

39

Page     9,     line     31     [Clause     13],     at end insert—

    '(6A)   A person who is released following an arrest under this section shall not be re-arrested without warrant for the same suspected failure to comply with a condition attached to a conditional caution.'.

   

Lynne Featherstone
Martin Horwood

41

Page     9,     line     31     [Clause     13],     at end insert—

    '(6B)   A person arrested under this section may be released on bail (without any variation of the conditions attached to the caution) if further investigations are necessary for the purposes of determining whether he has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution.'.


   

Lynne Featherstone
Martin Horwood

21

Page     15,     line     14     [Clause     18],     leave out ', or is likely to engage,'.


   

Lynne Featherstone
Martin Horwood

22

Page     16,     line     7     [Clause     18],     leave out ', or

      (ii) is likely to engage in such behaviour,'.


   

Lynne Featherstone
Martin Horwood

23

Page     17,     line     11     [Clause     18],     at end insert—

    '(3)   The relevant local authority must ensure that the registered social landlord entering into a parenting contract has received adequate training before the contract is entered into.'.


   

Lynne Featherstone
Martin Horwood

24

Page     19,     line     3     [Clause     19],     at end insert—

    '(9)   The relevant local authority must ensure that the registered social landlord entering into a parenting order has received adequate training before the order is made.'.


   

Lynne Featherstone
Martin Horwood

25

Page     20,     line     48     [Clause     20],     at end insert—

    '(11)   The relevant local authority must ensure that any person who is specified in an order made under this section, or is of a description so specified in the order, has received adequate training before the contracting out order is made.'.



 
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