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| |
| |
|
| | “(2) | If the Secretary of State has reason to believe that this paragraph might |
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| | apply to a person, the Secretary of State must refer the matter to ISA. |
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| | (3) | If ISA is satisfied that this paragraph applies to the person, it must |
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| | include the person in the adults’ barred list.” |
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| | (5) | In paragraph 8 (inclusion in adults’ barred list subject to consideration of |
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| | representations) for sub-paragraphs (2) and (3) substitute— |
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| | “(2) | If the Secretary of State has reason to believe that this paragraph might |
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| | apply to a person, the Secretary of State must refer the matter to ISA. |
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| | (3) | If ISA is satisfied that this paragraph applies to the person, it must— |
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| | (a) | include the person in the adults’ barred list, and |
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| | (b) | give the person an opportunity to make representations as to |
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| | why the person should be removed from the adults’ barred |
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| | |
| | (6) | In paragraph 24(8) (Secretary of State to examine records of convictions or |
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| | cautions from time to time) for “whether the criteria apply to an individual” |
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| | substitute “whether there is reason to believe that the criteria might apply to an |
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| | |
| | Member’s explanatory statement
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| | This amendment adjusts the procedure for automatic barring so that it is the IBB that must be sat |
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| | isfied that a person has met prescribed criteria before the IBB is required to bar the person and |
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| | makes a consequential change to the duty on the Secretary of State to check records. |
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| | Barring process: Northern Ireland |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order |
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| | 2007 (S.I. 2007/1351 (N.I. 11)) (barred lists) is amended as follows. |
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| | (2) | In paragraph 1 (automatic inclusion in children’s barred list) for sub-paragraphs |
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| | |
| | “(2) | If the Secretary of State has reason to believe that this paragraph might |
|
| | apply to a person, the Secretary of State must refer the matter to ISA. |
|
| | (3) | If ISA is satisfied that this paragraph applies to the person, it must |
|
| | include the person in the children’s barred list.” |
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| | (3) | In paragraph 2 (inclusion in children’s barred list subject to consideration of |
|
| | representations) for sub-paragraphs (2) and (3) substitute— |
|
| | “(2) | If the Secretary of State has reason to believe that this paragraph might |
|
| | apply to a person, the Secretary of State must refer the matter to ISA. |
|
| | (3) | If ISA is satisfied that this paragraph applies to the person, it must— |
|
| | (a) | include the person in the children’s barred list, and |
|
| | (b) | give the person an opportunity to make representations as to |
|
| | why the person should be removed from the children’s barred |
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| | |
| | (4) | In paragraph 7 (automatic inclusion in adults’ barred list) for sub-paragraphs (2) |
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| | |
|
|
| |
| |
|
| | “(2) | If the Secretary of State has reason to believe that this paragraph might |
|
| | apply to a person, the Secretary of State must refer the matter to ISA. |
|
| | (3) | If ISA is satisfied that this paragraph applies to the person, it must |
|
| | include the person in the adults’ barred list.” |
|
| | (5) | In paragraph 8 (inclusion in adults’ barred list subject to consideration of |
|
| | representations) for sub-paragraphs (2) and (3) substitute— |
|
| | “(2) | If the Secretary of State has reason to believe that this paragraph might |
|
| | apply to a person, the Secretary of State must refer the matter to ISA. |
|
| | (3) | If ISA is satisfied that this paragraph applies to the person, it must— |
|
| | (a) | include the person in the adults’ barred list, and |
|
| | (b) | give the person an opportunity to make representations as to |
|
| | why the person should be removed from the adults’ barred |
|
| | |
| | (6) | In paragraph 24(8) (Secretary of State to examine records of convictions or |
|
| | cautions from time to time) for “whether the criteria apply to an individual” |
|
| | substitute “whether there is reason to believe that the criteria might apply to an |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment makes equivalent provision in relation to Northern Ireland to that made in rela |
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| | tion to England and Wales by amendment NC31. |
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| |
| |
| | |
| Clause 86, page 102, line 13, leave out subsections (7) and (8). |
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| | Injunctions to prevent gang-related violence |
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| |
| | |
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| To move the following Clause:— |
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| | ‘(1) | A court may grant an injunction under this section if two conditions are met. |
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| | (2) | The first condition is that the court is satisfied on the balance of probabilities that |
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| | the respondent has engaged in, or has encouraged or assisted, gang-related |
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| | |
5 | | (3) | The second condition is that the court thinks it is necessary to grant the injunction |
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| | for either or both of the following purposes— |
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| | (a) | to prevent the respondent from engaging in, or encouraging or assisting, |
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| | |
| | (b) | to protect the respondent from gang-related violence. |
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10 | | (4) | An injunction under this section may (for either or both of those purposes)— |
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| | (a) | prohibit the respondent from doing anything described in the injunction; |
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| | (b) | require the respondent to do anything described in the injunction. |
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| | (5) | In this section “gang-related violence” means violence or a threat of violence |
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| | which occurs in the course of the activities of a gang or is otherwise related to |
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15 | | |
| | As an Amendment to Mr Vernon Coaker’s proposed New Clause (Injunctions to |
|
| | prevent gang-related violence) (NC 11):— |
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|
|
| |
| |
|
| |
| |
| | |
| |
| | ‘(6) | In this section “gang” shall mean a group of people who see themselves or are |
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| | seen by others as a discernable group and exhibit any one or more of the following |
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| | |
| | (a) | engaging in criminal activity; |
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| | (b) | identifying with a particular geographical area; |
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| | (c) | having some form of identifying organisational feature; |
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| | (d) | being in conflict with other similar gangs.’. |
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| | Consultation by applicants for injunctions |
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| |
| | |
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| To move the following Clause:— |
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| | ‘(1) | Before applying for an injunction under section [Applications for injunctions |
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| | under section [Injunctions to prevent gang-related violence]], the applicant must |
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| | comply with the consultation requirement. |
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| | (2) | In the case of an application by a chief officer of police, the consultation |
|
5 | | requirement is that the chief officer (“the applicant chief officer”) must consult— |
|
| | (a) | any local authority that the applicant chief officer considers it would be |
|
| | appropriate to consult, and |
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| | (b) | any other chief officer of police whom the applicant chief officer |
|
| | considers it would be appropriate to consult. |
|
10 | | (3) | In the case of an application by the chief constable of the British Transport Police |
|
| | Force, the consultation requirement is that the constable must consult— |
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| | (a) | any local authority that the constable considers it would be appropriate to |
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| | |
| | (b) | any chief officer of police whom the constable considers it would be |
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15 | | |
| | (4) | In the case of an application by a local authority, the consultation requirement is |
|
| | that the local authority (“the applicant local authority”) must consult— |
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| | (a) | any chief officer of police whom the applicant local authority considers |
|
| | it would be appropriate to consult, and |
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20 | | (b) | any other local authority that the applicant local authority considers it |
|
| | would be appropriate to consult.’. |
|
| | As Amendments to Mr Vernon Coaker’s proposed New Clause (Consultation by |
|
| | applicants for injunctions) (NC 15):— |
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| |
| |
| | |
| |
| | ‘(c) | any primary care trust, mental health trust or other NHS authority that the |
|
| | applicant chief officer considers would be appropriate to consult; and |
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|
|
| |
| |
|
| | (d) | any youth offending team, local probation service or office of the |
|
| | National Offender Management Service that the applicant chief officer |
|
| | considers would be appropriate to consult.’. |
|
| |
| |
| | |
| |
| | ‘(c) | any primary care trust, mental health trust or other NHS authority that the |
|
| | constable considers would be appropriate to consult; and |
|
| | (d) | any youth offending team, local probation service or office of the |
|
| | National Offender Management Service that the constable considers |
|
| | would be appropriate to consult.’. |
|
| |
| |
| | |
| |
| | ‘(c) | any primary care trust, mental health trust or other NHS authority that the |
|
| | applicant local authority considers would be appropriate to consult; and |
|
| | (d) | any youth offending team, local probation service or office of the |
|
| | National Offender Management Service that the applicant local authority |
|
| | considers would be appropriate to consult.’. |
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| |
|