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

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Monitoring of compliance with conditions of non-secure remand

   

Mr Charles Clarke

NC11

To move the following Clause:—

    '.—(1) In subsection (7) of section 23 of the Children and Young Persons Act 1969 (conditions that may be imposed by a court remanding a person to non-secure local authority accommodation)—

    (a) at the beginning there shall be inserted "Subject to section 23AA below,"; and

    (b) for the words from "any" to the end there shall be substituted—

    "(a) any such conditions as could be imposed under section 3(6) of the Bail Act 1976 if he were then being granted bail; and

    (b) any conditions imposed for the purpose of securing the electronic monitoring of his compliance with any other condition imposed under this subsection."

    (2) After that section there shall be inserted—

"Electronic monitoring of conditions of remand.23AA.—(1) A court shall not impose a condition on a person under section 23(7)(b) above (an 'electronic monitoring condition') unless each of the following requirements is fulfilled.

    (2) The first requirement is that the person has attained the age of twelve years.

    (3) The second requirement is that—

    (a) the person is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or

    (b) he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings—

            (i) amount, or

            (ii) would, if he were convicted of the offences with which he is charged, amount,

      to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation.

    (4) The third requirement is that the court—

    (a) has been notified by the Secretary of State that electronic monitoring arrangements are available in each petty sessions area which is a relevant area; and

    (b) is satisfied that the necessary provision can be made under those arrangements.

    (5) The fourth requirement is that a youth offending team has informed the court that in its opinion the imposition of such a condition will be suitable in the person's case.

    (6) Where a court imposes an electronic monitoring condition, the condition shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

    (7) The Secretary of State may make rules for regulating—

    (a) the electronic monitoring of compliance with conditions imposed under section 23(7)(a) above; and

    (b) without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with such conditions.

    (8) Subsections (8) to (10) of section 3AA of the Bail Act 1976 (provision about rules and orders under that section) shall apply in relation to this section as they apply in relation to that section.

    (9) For the purposes of this section a petty sessions area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area."

    (3) In section 69 of that Act (orders and regulations), after subsection (4) there shall be inserted—

            "(4A) Nothing in this section applies to an order under section 23AA."'.


Arrangements for detention in secure training centres

   

Mr Charles Clarke

NC12

To move the following Clause:—

    '.—(1) In section 23 of the Children and Young Persons Act 1969 (remands and committals to local authority accommodation), after subsection (7) there shall be inserted—

            "(7A) Where a person is remanded to local authority accommodation and a security requirement is imposed in respect of him—

          (a) the designated local authority may, with the consent of the Secretary of State, arrange for the person to be detained, for the whole or any part of the period of the remand or committal, in a secure training centre; and

          (b) his detention there pursuant to the arrangements shall be lawful.

            (7B) Arrangements under subsection (7A) above may include provision for payments to be made by the authority to the Secretary of State."

    (2) In section 88(1)(c) of the Powers of Criminal Courts (Sentencing) Act 2000 (meaning of "remand in custody"), after "secure accommodation" there shall be inserted "or detained in a secure training centre pursuant to arrangements under subsection (7A) of that section".

    (3) In section 101(11)(c) of that Act (account to be taken of remands in the court's determination of the term of a detention and training order), after "secure accommodation" there shall be inserted "or detained in a secure training centre pursuant to arrangements under subsection (7A) of that section".'.


Exclusion of prisoners convicted of assaulting police officers, etc, from power to release short-term prisoners on licence

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
Mr James Gray

NC1

To move the following Clause:—

    'In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(b) there is inserted—

    "(ba) the sentence is for any of the following offences—

            (i) an offence under section 89 of the Police Act 1996 (assaulting, obstructing or resisting a constable);

            (ii) an offence under section 38 of the Offences Against the Person Act 1861 (assault with intent to resist arrest);

            (iii) an offence under section 18, section 20, or section 47 of the Offences Against the Person Act 1861 (wounding, causing grevous bodily harm and causing actual bodily harm) committed against a constable in the execution of his duty.".'.


Exclusion of prisoners convicted of offences against children from power to release short-term prisoners on licence

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
Mr James Gray

NC2

To move the following Clause:—

    'In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), after subsection (2)(c) there is inserted—

            "(ca)(i) the sentence is for an offence listed in paragraph 1 of Schedule 4 to the Criminal Justice and Court Services Act 2000; or

            (ii) the sentence is for an offence listed in paragraph 2 of Schedule 4 to the Criminal Justice and Court Services Act 2000 which is committed against a person under the age of 18; or

            (iii) the sentence is for an offence which causes the prisoner to fall within paragraph 3 of Schedule 4 to the Criminal Justice and Court Services Act 2000.".'.


Section 19 guidance

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

NC3

To move the following Clause:—

    '.—The Secretary of State shall issue guidance—

    (a) about the exercise of the discretion given to senior police officers by section 19 of this Act;

(b) about the giving of closure orders; and

(c) with a view to encouraging good practice in connection with the operation of section 19.'.


Child's Penalty Notice

   

Miss Ann Widdecombe
Mr Oliver Heald
Mr Nick Hawkins
Mr James Gray

NC4

To move the following Clause:—

    '.—( ) A constable who has reason to believe that a person aged 16 or over has committed an offence contrary to section 169C of the Licensing Act 1964 may give him a penalty notice in respect of that offence at a police station (Child's penalty notice).

    ( ) Save as set out in subsection (1) of this section, the like provisions in respect of penalty notices shall apply in respect of a child's penalty notice.'.


Application to magistrates' court

   

Sir Nicholas Lyell
Mr Crispin Blunt

NC5

To move the following Clause:—

    '.—If a person to whom a penalty notice is alleged to have been given in accordance with sections 2 and 3, but who for whatever reason has failed to ask for this alleged offence to be tried in accordance with section 4 nonetheless thereafter shall make application to the relevant magistrates' court in writing for the penalty notice to be set aside the court shall consider the application and if in all the circumstances it is right in the interests of justice to do so shall either set the notice aside or shall order the matter to be tried.'.


Use of electronic communication to engage in, incite, entice, or solicit an act of gross indecency with a child: Amendment of the Indecency with Children Act 1960

   

Miss Ann Widdecombe
Mr Edward Garnier
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow

NC13

*To move the following Clause:—

    'After section 1 of the Indecency with Children Act 1960 (Indecent conduct towards young child), there shall be inserted—

"Use of electronic communication to engage in, incite, entice, or solicit an act of gross indecency with a child

    1A.(1) Any person aged eighteen or over who uses an electronic communication for the purpose of—

    (a) engaging in an act of gross indecency with a person he knows or has reason to believe is a child; or

    (b) inciting or enticing a person he knows or has reason to believe is a child to meet with him, with the intent of engaging in an act of gross indecency; or

    (c) soliciting a person he knows or has reason to believe is a child to engage in any act that would constitute an offence under section 1 or under section (1)(a) or (1)(b).

    is guilty of an offence and shall be liable

            (i) on conviction on indictment to imprisonment for a term not exceeding ten years, or to a fine, or to both; or

            (ii) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

    (2) References in the Children and Young Persons Act 1933 to the offences mentioned in the first Schedule to that Act shall include offences under this section.

    (3) Offences under this section shall be deemed to be offences against the person for the purpose of section 3 of the Visiting Forces Act 1952 (which restricts the trial by the United Kingdom courts of offenders connected with visiting forces);

    (4) In this section—

    "child" means a person under the age of sixteen years

    "electronic communication" has the meaning given by section 15 of the Electronic Communications Act 2000.".'.

            [This Clause was tabled on 22nd February but not printed.]

 
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