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Notices of Amendments: 19 February 2009                  

234

 

Policing and Crime Bill, continued

 
 

  “(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

 

list.”

 

(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

 

individual”.’.

 

Member’s explanatory statement

 

This amendment adjusts the procedure for automatic barring so that it is the IBB that must be sat­

 

isfied that a person has met prescribed criteria before the IBB is required to bar the person and

 

makes a consequential change to the duty on the Secretary of State to check records.

 

Barring process: Northern Ireland

 

Mr Vernon Coaker

 

NC32

 

To move the following Clause:—

 

‘(1)    

Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order

 

2007 (S.I. 2007/1351 (N.I. 11)) (barred lists) is amended as follows.

 

(2)    

In paragraph 1 (automatic inclusion in children’s barred list) 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

 

include the person in the children’s barred list.”

 

(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

 

list.”

 

(4)    

In paragraph 7 (automatic inclusion in adults’ barred list) for sub-paragraphs (2)

 

and (3) substitute—


 
 

Notices of Amendments: 19 February 2009                  

235

 

Policing and Crime Bill, continued

 
 

  “(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

 

list.”

 

(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

 

individual”.’.

 

Member’s explanatory statement

 

This amendment makes equivalent provision in relation to Northern Ireland to that made in rela­

 

tion to England and Wales by amendment NC31.

 

James Brokenshire

 

Mr David Ruffley

 

343

 

Clause  86,  page  102,  line  13,  leave out subsections (7) and (8).

 

Injunctions to prevent gang-related violence

 

Mr Vernon Coaker

 

NC11

 

Parliamentary Star - white    

To move the following Clause:—

 

‘(1)    

A court may grant an injunction under this section if two conditions are met.

 

(2)    

The first condition is that the court is satisfied on the balance of probabilities that

 

the respondent has engaged in, or has encouraged or assisted, gang-related

 

violence.

5

(3)    

The second condition is that the court thinks it is necessary to grant the injunction

 

for either or both of the following purposes—

 

(a)    

to prevent the respondent from engaging in, or encouraging or assisting,

 

gang-related violence;

 

(b)    

to protect the respondent from gang-related violence.

10

(4)    

An injunction under this section may (for either or both of those purposes)—

 

(a)    

prohibit the respondent from doing anything described in the injunction;

 

(b)    

require the respondent to do anything described in the injunction.

 

(5)    

In this section “gang-related violence” means violence or a threat of violence

 

which occurs in the course of the activities of a gang or is otherwise related to

15

such activities.’.

 

As an Amendment to Mr Vernon Coaker’s proposed New Clause (Injunctions to

 

prevent gang-related violence) (NC 11):—


 
 

Notices of Amendments: 19 February 2009                  

236

 

Policing and Crime Bill, continued

 
 

James Brokenshire

 

Mr David Ruffley

 

(a)

 

Line  15,  at end insert—

 

‘(6)    

In this section “gang” shall mean a group of people who see themselves or are

 

seen by others as a discernable group and exhibit any one or more of the following

 

factors—

 

(a)    

engaging in criminal activity;

 

(b)    

identifying with a particular geographical area;

 

(c)    

having some form of identifying organisational feature;

 

(d)    

being in conflict with other similar gangs.’.

 

Consultation by applicants for injunctions

 

Mr Vernon Coaker

 

nc15

 

Parliamentary Star - white    

To move the following Clause:—

 

‘(1)    

Before applying for an injunction under section [Applications for injunctions

 

under section [Injunctions to prevent gang-related violence]], the applicant must

 

comply with the consultation requirement.

 

(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

 

(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—

 

(a)    

any local authority that the constable considers it would be appropriate to

 

consult, and

 

(b)    

any chief officer of police whom the constable considers it would be

15

appropriate to consult.

 

(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—

 

(a)    

any chief officer of police whom the applicant local authority considers

 

it would be appropriate to consult, and

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):—

 

James Brokenshire

 

Mr David Ruffley

 

(a)

 

Line  9,  at end insert—

 

‘(c)    

any primary care trust, mental health trust or other NHS authority that the

 

applicant chief officer considers would be appropriate to consult; and


 
 

Notices of Amendments: 19 February 2009                  

237

 

Policing and Crime Bill, continued

 
 

(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.’.

 

James Brokenshire

 

Mr David Ruffley

 

(b)

 

Line  15,  at end insert—

 

‘(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.’.

 

James Brokenshire

 

Mr David Ruffley

 

(c)

 

Line  21,  at end insert—

 

‘(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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