House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 19 May 2009
240

Policing and Crime Bill, continued

(2)
The period specified in subsection (1) above must not exceed four weeks.

(3)
Interim injunctions granted under sections 38 or 39 may not be renewed.’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

Not called  37

Page  26,  line  5  [Clause  32],  leave out ‘two’ and insert ‘four’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

Not called  40

Page  26,  line  6  [Clause  32],  leave out ‘on the balance of probabilities’ and insert

‘beyond reasonable doubt’.

Paul Holmes

Chris Huhne

Not selected  200

Page  26,  line  6  [Clause  32],  leave out ‘on the balance of probabilities’ and insert

‘to the criminal standard of proof’.

Paul Holmes

Chris Huhne

Not called  201

Page  26,  line  13  [Clause  32],  leave out paragraph (b).

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

Not called  38

Page  26,  line  13  [Clause  32],  at end insert—

‘(3A)
The third condition is that the applicant has demonstrated that prosecution of the

respondent for a criminal offence was considered but not proceeded with.’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

Not called  39

Page  26,  line  13  [Clause  32],  at end insert—

‘(3B)
The fourth condition is that the respondent is aged 18 or over.’.

Paul Holmes

Chris Huhne

Not called  202

Page  26,  line  17  [Clause  32],  leave out paragraph (b).

Secretary Jacqui Smith

Agreed to  60

Page  26,  line  19  [Clause  32],  leave out from first ‘of’ to end of line 20 and insert ‘,

Report Stage Proceedings: 19 May 2009
241

Policing and Crime Bill, continued

or is otherwise related to, the activities of a group that—

(a)
consists of at least 3 people,

(b)
uses a name, emblem or colour or has any other characteristic that

enables its members to be identified by others as a group, and

(c)
is associated with a particular area.’.

Paul Holmes

Chris Huhne

Not selected  203

Page  26,  line  19  [Clause  32],  after ‘a’, insert ‘criminal’.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

Not called  149

Page  26,  line  20  [Clause  32],  at end add—

‘(6)
In this section “gang” means 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.’.

Paul Holmes

Chris Huhne

Not called  204

Page  26,  line  32  [Clause  33],  leave out subsections (3) and (4).

Paul Holmes

Chris Huhne

Not called  205

Page  27,  line  4  [Clause  33],  leave out ‘and requirements’.

Paul Holmes

Chris Huhne

Not called  206

Page  27,  line  9  [Clause  33],  leave out ‘or (3)’.

Paul Holmes

Chris Huhne

Not called  207

Page  27,  line  13  [Clause  34],  leave out ‘or requirement’.

Report Stage Proceedings: 19 May 2009
242

Policing and Crime Bill, continued

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

Not called  43

Page  27,  line  14  [Clause  34],  leave out from ‘injunction,’ to end of line 16 and

insert ‘the period for which it shall be in force.’.

Paul Holmes

Chris Huhne

Not called  208

Page  27,  line  16  [Clause  34],  at end insert ‘except that no injunction shall remain in

force for a period longer than two years from the date it is made.’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

Not called  42

Page  27,  line  16  [Clause  34],  at end insert—

‘(2A)
The period specified in subsection (2) above must not exceed three years.

(2B)
Injunctions granted under section 32 may not be renewed.’.

Paul Holmes

Chris Huhne

Not called  209

Page  27,  line  23  [Clause  34],  leave out paragraph (b).

Paul Holmes

Chris Huhne

Not called  210

Page  27,  line  26  [Clause  34],  leave out ‘or requirement’.

Secretary Jacqui Smith

Agreed to  61

Page  28,  line  4  [Clause  36],  leave out subsections (2) to (4) and insert—

‘( )
The consultation requirement is that the applicant must consult—

(a)
any local authority, and any chief officer of police, that the applicant

thinks it appropriate to consult, and

(b)
any other body or individual that the applicant thinks it appropriate to

consult.’.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

Not called  150

Page  28,  line  10  [Clause  36],  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

Report Stage Proceedings: 19 May 2009
243

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.’.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

Not called  151

Page  28,  line  16  [Clause  36],  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.’.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

Not called  152

Page  28,  line  22  [Clause  36],  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.’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

Not selected  41

Page  29,  line  11  [Clause  39],  after ‘is’, insert ‘urgent and’.

Secretary Jacqui Smith

Agreed to  62

Page  31,  line  5  [Clause  45],  at end insert—

‘( )
The Secretary of State must lay any guidance issued or revised under this section

before Parliament.’.

Report Stage Proceedings: 19 May 2009
244

Policing and Crime Bill, continued

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

Not selected  36

Page  31,  line  5  [Clause  45],  at end insert—

‘(2A)
Before publishing or revising guidance issued under this section, the Secretary of

State must publish its proposals in draft and consult—

(a)
the Lord Chief Justice; and

(b)
any other person whom the Secretary of State considers to be

appropriate.’.

Secretary Jacqui Smith

Agreed to  63

Page  31,  line  24  [Clause  47],  at end insert—

‘“consultation requirement” has the meaning given by section 36(2);’.

New Clauses and Amendments relating to Part 2

Penalty for contravening notice relating to encrypted information

Secretary Jacqui Smith

Added  NC22

To move the following Clause:—

‘(1)
Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to

comply with notice relating to encrypted information) is amended as follows.

(2)
In subsection (5A)(a) after “case” insert “or a child indecency case”.

(3)
After subsection (5B) insert—

“(6)
In subsection (5A) “a child indecency case” means a case in which the

grounds specified in the notice to which the offence relates as the grounds

for imposing a disclosure requirement were or included a belief that the

imposition of the requirement was necessary for the purpose of

preventing or detecting an offence under any of the provisions listed in

subsection (7).

(7)
Those provisions are—

(a)
section 1 of the Protection of Children Act 1978 (showing or

taking etc an indecent photograph of a child: England and

Wales);

(b)
Article 3 of the Protection of Children (Northern Ireland) Order

1978 (S.I. 1978/1047 (N.I. 17)) (corresponding offence for

Northern Ireland);

(c)
section 52 or 52A of the Civic Government (Scotland) Act 1982

(showing or taking etc or possessing an indecent photograph of

a child: Scotland);

(d)
section 160 of the Criminal Justice Act 1988 (possessing an

indecent photograph of a child: England and Wales);

Report Stage Proceedings: 19 May 2009
245

Policing and Crime Bill, continued

(e)
Article 15 of the Criminal Justice (Evidence, Etc.) (Northern

Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (corresponding

offence for Northern Ireland).”

(4)
The amendments made by this section apply in relation to cases in which the

section 49 notice was given after the commencement of this section.’.

Loitering: decriminalisation of under 18 year olds

Dr Evan Harris

Lynne Jones

John McDonnell

Mr Anthony Steen

Paul Holmes

Mr Andrew Dismore

Negatived on division  NC4

To move the following Clause:—

‘(1)
The Street Offences Act 1959 (c. 57) is amended as follows.

(2)
In subsection (1) of section 1, after “prostitute”, insert “aged 18 or over”’.

Protection of children (encrypted material)

Sir Paul Beresford

Chris Grayling

Mr Dominic Grieve

Mr John Randall

James Brokenshire

Mr David Ruffley

Not called  NC7

To move the following Clause:—

‘(1)
Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to

comply with a notice) is amended as follows—

(a)
in subsection 5A, after paragraph (a), insert—

“(aa)
where subsection 5C applies, five years;”,

(b)
after subsection 5B, insert—

“(5C)
This section applies where—

(a)
the offender has been previously convicted of a relevant

sexual offence,

(b)
an indecent photograph of a child as been found in his

possession, or

(c)
the court is satisfied that it is more likely than not that the

protected information may contain an indecent

photograph of a child.

Report Stage Proceedings: 19 May 2009
246

Policing and Crime Bill, continued

(5D)
For the purposes of subsection (5C)—

“relevant sexual offence” means an offence under—

(a)
section 1 of the Protection of Children Act 1978 (c. 37)

(indecent photographs of children);

(b)
section 160 of the Criminal Justice Act 1988 (c. 33)

(possession of indecent photographs of a child);

(c)
section 170 of the Customs and Excise Management Act

1979 (c. 2) (penalty for fraudulent evasion of duty etc) in

relation to goods prohibited to be imported under section

42 of the Customs Consolidation Act 1876 (c. 36)

(indecent or obscene articles), if the prohibited goods

included indecent photographs of persons under 16;

(d)
sections 48 to 50 of the Sexual Offences Act 2003 (c. 42)

(abuse of children through prostitution or pornography)

where the victim was under 18 and involved in

pornography;


“indecent photograph of a child” has the same definition as in

sections 1 and 7 of the Protection of Children Act 1978 (c. 37)

and for the avoidance of doubt includes a reference to a pseudo-

photograph of a child or a tracing of an indecent photograph

within the meaning of section 7(4A) of that Act.”.

(2)
In Schedule 3 of the Sexual Offences Act 2003 (c. 42), after paragraph 35 insert—

“(36)
An offence under s. 53 of the Regulation of Investigatory Powers Act

2000 (c. 23) where subsection (5C) applies.”’.

Paying for sexual services of a prostitute known to be trafficked or coerced: England and

Wales

Dr Evan Harris

Lynne Jones

John McDonnell

Mr Anthony Steen

Paul Holmes

Mr Andrew Dismore

Negatived on division  NC25

To move the following Clause:—

‘After section 53 of the Sexual Offences Act 2003 (c. 42) insert—

“53A
Paying for sexual services of a prostitute known to be trafficked or

coerced: England and Wales

(1)
A person (A) commits an offence if—

(a)
A makes or promises payment for, or uses, the sexual services of

prostitute (B), and

(b)
A knows, or ought to know,

(i)
that B is the victim of trafficking.

(ii)
that the sexual services have been provided through

coercion of B,