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

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Malicious communications

   

Mr Charles Clarke

NC7

To move the following Clause:—

    '.—(1) In subsection (1) of section 1 of the Malicious Communications Act 1988 (offence of sending letters and other articles with intent to cause distress or anxiety)—

    (a) in paragraph (a), for "letter or other article" there shall be substituted "letter, electronic communication or article of any description"; and

    (b) in paragraph (b), for the word "other article" there shall be substituted "article or electronic communication".

    (2) In subsection (2) of that section (defence of making a threat in the belief that it was a proper way of reinforcing a demand and that there were reasonable grounds for making that demand)—

    (a) in paragraph (a), for "which he believed he had reasonable grounds for making" there shall be substituted "made by him on reasonable grounds"; and

    (b) in paragraph (b), after "believed" there shall be inserted ", and had reasonable grounds for believing,".

    (3) After that subsection there shall be inserted—

            "(2A) In this section 'electronic communication' includes—

          (a) any oral or other communication by means of a telecommunication system (within the meaning of the Telecommunications Act 1984); and

          (b) any communication (however sent) that is in electronic form.

    (4) In subsection (3) of that section (definition of "send")—

    (a) after "delivering" there shall be inserted "or transmitting"; and

    (b) for "or delivered" there shall be substituted ", delivered or transmitted".

    (5) In subsection (5) of that section (penalty for offence), for "a fine not exceeding level 4 on the standard scale" there shall be substituted "imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both".

    (6) Subsection (5) does not affect the penalty for an offence committed before the day on which this Act is passed.'.

As an Amendment to Mr Charles Clarke's proposed New Clause (NC7) (Malicious communications):

   

Dr Stephen Ladyman

(a)

Line     15,     at end insert—

    '.—"(2ZA) No defence under subsection (2) above is provided where the threat conveyed is a threat of an action which if carried out would be an offence under any other Act.".'.


Registration for criminal records purposes

   

Mr Charles Clarke

NC8

To move the following Clause:—

    '.—(1) After section 120 of the 1997 Act there shall be inserted the following section—

"Refusal and cancellation of registration.120A.—(1) The Secretary of State may refuse to include a person in the register maintained for the purposes of this Part if it appears to him that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State's opinion, is not a suitable person to have access to that information.

    (2) The Secretary of State may remove a person from the register if it appears to the Secretary of State—

    (a) that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State's opinion, is not a suitable person to have access to that information; or

    (b) that the registration of that person has resulted in information becoming known to such an individual.

    (3) In determining for the purposes of this section whether an individual is a suitable person to have access to any information, the Secretary of State may have regard, in particular, to—

    (a) any information relating to that person which concerns a relevant matter;

    (b) whether that person is included in any list mentioned in section 113(3A) or (3C); and

    (c) any information provided to the Secretary of State under subsection (4).

    (4) It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by the Secretary of State to provide the Secretary of State with information which—

    (a) is available to the chief officer;

    (b) relates to—

            (i) an applicant for registration;

            (ii) a registered person; or

            (iii) an individual who is likely to have access to information in consequence of the countersigning of applications by a particular applicant for registration or by a particular registered person;

      and

    (c) concerns a matter which the Secretary of State has notified to the chief officer to be a matter which, in the opinion of the Secretary of State, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of the countersigning of applications under this Part.

    (5) In this section 'relevant matter' has the same meaning as in section 113."

    (2) In section 119 of that Act (sources of information)—

    (a) in subsections (1) and (4) (supply of information to the Secretary of State for the purposes of applications under Part V), for "for the purposes of an application under this Part" there shall be substituted "for the purpose of enabling him to carry out his functions under this Part in relation to—

          (a) any application for a certificate or for registration; or

          (b) the determination of whether a person should continue to be a registered person.";

    (b) after subsection (1) there shall be inserted—

            "(1A) Any person who keeps a list mentioned in section 113(3A) or (3C) above shall make the contents of that list available to the Secretary of State for the purpose of enabling him to carry out his functions under this Part in relation to—

          (a) any application for a certificate or for registration; or

          (b) the determination of whether a person should continue to be a registered person."

      and

    (c) in subsection (3) (payment for information provided under subsection (2)), for "subsection (2)" there shall be substituted "section 120A(4) or subsection (2) of this section".

    (3) In section 120(2) of that Act (duty to grant registration), after "Subject to" there shall be inserted "section 120A and".

    (4) In section 120(3) of that Act (regulations about registration), after paragraph (a) there shall be inserted—

          "(aa) the nomination, in the case of a body corporate or unincorporate, of the individuals authorised to act for the body in relation to the countersigning of applications under this Part;

          (ab) the refusal by the Secretary of State, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept the nomination of a person as so authorised;".'.


Remands and committals to secure accommodation etc

   

Mr Charles Clarke

NC9

To move the following Clause:—

    '.—(1) Section 23 of the Children and Young Persons Act 1969 (remands and committals to local authority accommodation) shall be amended in accordance with subsections (2) to (4) below.

    (2) In subsection (5) (conditions for the imposition of a security requirement), for paragraph (b) and the words after it there shall be substituted—

          "(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,

            and (in either case) the condition set out in subsection (5AA) below is satisfied."

    (3) After that subsection there shall be inserted—

            "(5AA) The condition mentioned in subsection (5) above is that the court is of the opinion, after considering all the options for the remand of the person, that only remanding him to local authority accommodation with a security requirement would be adequate—

          (a) to protect the public from serious harm from him; or

          (b) to prevent the commission by him of imprisonable offences."

    (4) In subsection (6)(a) (statement in open court that the court is of the opinion mentioned in subsection (5)), for "(5)" there shall be substituted "(5AA)".

    (5) That section as it has effect pursuant to section 98 of the Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys), shall so have effect with the further modifications set out in subsections (6) and (7).

    (6) For subsection (5AA) there shall be substituted—

            "(5AA) The condition mentioned in subsection (5) above is that the court is of the opinion, after considering all the options for the remand of the person, that only remanding him to a remand centre or prison, or to local authority accommodation with a requirement that he be placed and kept in secure accommodation would be adequate—

          (a) to protect the public from serious harm from him; or

          (b) to prevent the commission by him of imprisonable offences."

    (7) In subsection (6)(a) (statement in open court that the court is of the opinion mentioned in subsection (5)), for "that subsection" there shall be substituted "subsection (5AA) above".'.


Monitoring of compliance with bail conditions

   

Mr Charles Clarke

NC10

To move the following Clause:—

    '.—(1) In section 3 of the Bail Act 1976 (general provisions), after subsection (6) there shall be inserted—

            "(6ZAA) Subject to section 3AA below, if he is a child or young person he may be required to comply with requirements imposed for the purpose of securing the electronic monitoring of his compliance with any other requirement imposed on him as a condition of bail."

    (2) After that section there shall be inserted—

"Electronic monitoring of compliance with bail conditions.3AA.—(1) A court shall not impose on a child or young person a requirement under section 3(6ZAA) above (an 'electronic monitoring requirement') unless each of the following conditions is satisfied.

    (2) The first condition is that the child or young person has attained the age of twelve years.

    (3) The second condition is that—

    (a) the child or young 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 condition 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 condition is that a youth offending team has informed the court that in its opinion the imposition of such a requirement will be suitable in the case of the child or young person.

    (6) Where a court imposes an electronic monitoring requirement, the requirement 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 requirements imposed on a child or young person as a condition of bail; 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 requirements.

    (8) Rules under this section may make different provision for different cases.

    (9) Any power of the Secretary of State to make an order or rules under this section shall be exercisable by statutory instrument.

    (10) A statutory instrument containing rules made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

    (11) In this section 'local authority accommodation' has the same meaning as in the Children and Young Persons Act 1969.

    (12) For the purposes of this section a petty sessions area is a relevant area in relation to a proposed electronic monitoring requirement 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 subsection (7) of that section (cases where parent or guardian may be required to secure compliance with requirements), after "(6)" there shall be inserted ", (6ZAA)".

    (4) In section 3A(3) of that Act (which modifies section 3 of that Act in its application to bail granted by a custody officer), after "subsections" there shall be inserted "(6ZAA),".'.

 
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