DCH 218 A R Mears
Ms Francene Graham
Scrutiny Unit
Committee Office
House of Commons
7 Millbank
London SW1P 3JA
1.7.2004
Dear Madam
DRAFT CHARITIES BILL
The enclosed submission to the Joint Committee deals
with a matter peripheral to its main interest but one which is
currently of considerable concern to the Home Office. The drafters
of this bill seem to have relied on precedent rather than considering
the consequences of their actions. It will be objected that inclusion
of the proposed penalties, they having been little used in the
past, is of no great consequence. However, every opportunity should
be taken to ensure that legislation is viable.
Yours faithfully
ARMears
PENALTIES FOR INFRINGEMENT
OF THE CHARITIES ACT
1. PENALTIES
Amendments proposed to the 1993 Act and sections
in the Act not proposed for amendment relate to the penalties
that can be imposed for infringements of the Act as follows.
2. CLAUSE 21 Power to enter premises
(p 29)
The proposed Section 31A(10) empowers the courts
to impose on persons convicted of intentionally obstructing an
employee of the Commission in the pursuit of information relevant
to an enquiry under section 8 the alternative penalties of (a)
3 months imprisonment, or (b) a level 5 fine, or both.
3. CLAUSE 28 Disqualification of trustee
receiving remuneration by virtue of section 27
(p 37)
The proposed Section 73C(4) empowers the courts to
impose on persons convicted of acting as a trustee while disqualified
the alternative penalties of (a) 6 months imprisonment or a maximum
statutory fine, or (b) 2 years imprisonment or a fine, or both.
4. CHARITIES ACT 1993 Section 11 Supply of
false or misleading information to Commissioners
The existing Section 11(3), (not proposed for amendment),
empowers the courts to impose on persons convicted of knowingly
or recklessly providing the Commissioners with false or misleading
information the alternative penalties of (a) a maximum statutory
fine, or (b) 2 years imprisonment, or both.
5. The Joint Committee should consider whether the
freedom of the courts to impose short term prison sentences should
be included in the Charities Act 2005 bearing in mind:
- the current prison population of over 70 000,
with serious overcrowding, and projected by the Home Office to
increase over 100 000,
- the expense and ineffectiveness of short term
confinement,
- the existence of new community penalties, and
- the opportunity now before the Joint Committee
to set a wise example.
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