Previous Section Back to Table of Contents Lords Hansard Home Page


The Lord Chancellor: Obviously I shall be happy to look into that further. It is perhaps important to say that what I have sought to do is to use the contempt jurisdiction of the levels of court to deal with contempts under the Bill. It is pretty clear, I think, that the precise range of powers that may be had may well increase as one goes up the judicial ladder. It would be wrong, therefore, to say that there is parity of power in the sense that all courts have exactly the same powers, but it is right to say that attached to this jurisdiction will be the contempt power that is appropriate for that level of court. Obviously, the allocation of jurisdiction, and so

24 Apr 1995 : Column CWH22

on, may take account of that in making orders under the Bill, when it becomes an Act, for deciding into which court particular types of proceedings should go.

On Question, amendment agreed to.

Clause 15 [Arrest for breach of order]:

The Lord Chancellor moved Amendments Nos. 27 to 33:


Page 11, line 11, leave out ("specified") and insert ("one or more").
Page 11, line 17, leave out ("specified") and insert ("one or more").
Page 11, line 22, at end insert—
("(3A) Where, by virtue of subsection (3) above, the court attaches a power of arrest to any provisions of a relevant order, it may provide that the power of arrest is to have effect for a shorter period than the other provisions of the order.
(3B) Any period specified for the purposes of subsection (3A) above may be extended by the court (on one or more occasions) on an application to vary or discharge the relevant order.").
Page 11, line 24, leave out ("specified") and insert ("certain").
Page 11, line 28, leave out ("specified") and insert ("certain").
Page 12, line 7, at end insert—
("(9A) Where a person remanded under this section is granted bail (whether in the High Court or a county court under Schedule 2 to this Act or in a magistrates' court under section 128 or 129 of the Magistrates' Courts Act 1980), he may be required by the relevant judicial authority to comply, before release on bail or later, with such requirements as appear to that authority to be necessary to secure that he does not interfere with witnesses or otherwise obstruct the course of justice.".
Page 12, leave out lines 8 to 13.

The noble and learned Lord said: I spoke to Amendments No. 27 and 28 with Amendment No. 6. I spoke to Amendment No. 29 with Amendment No. 26. I spoke to Amendments Nos. 30 and 31 with Amendment No. 6. I spoke to Amendment No. 32 with Amendment No. 26. I spoke to Amendment No. 33 with Amendment No. 6. Therefore, with your Lordship's leave, I move these amendments to Clause 15 en bloc.

On Question, amendments agreed to.

Clause 15, as amended, agreed to.

Clause 16, [Remand for medical examination and report]:

The Lord Chancellor moved Amendments Nos. 34 and 35:


Page 12, line 14, at beginning insert ("Where the relevant judicial authority has reason to consider that a medical report will be required".
Page 12, leave out lines 28 and 29.

The noble and learned Lord said: I spoke to Amendment No. 34 with Amendment No. 26 and to Amendment No. 35 with Amendment No. 6. With your Lordships' leave, I move these amendments en bloc.

On Question, amendments agreed to.

Clause 16, as amended, agreed to.

The Lord Chancellor moved Amendment No. 36:


After clause 16, insert the following new clause—

Variation and discharge of orders.

("16A.—(1) An occupation order or non-molestation order may be varied or discharged by the court on an application by—
(a) the respondent, or

24 Apr 1995 : Column CWH23

(b) the person on whose application the order was made;
but, in the case of a non-molestation order made by virtue of section 13(2)(b) of this Act, the order may be varied or discharged by the court even though no such application has been made.
(2) Where, by virtue of section 15(3) of this Act, a power of arrest has been attached to certain provisions of an occupation order or non-molestation order, the court may vary or discharge the order under subsection (1) above in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).").

The noble and learned Lord said: I spoke to this with Amendment No. 8. I beg to move.

24 Apr 1995 : Column CWH25

On Question, amendment agreed to.

The Lord Chancellor moved Amendment No. 37:


After Clause 16, insert the following new Clause—

Power of magistrates' court to order hospital admission or guardianship.

("16B. A magistrates' court shall have the like power to make a hospital order or guardianship order under section 37 of the Mental Health Act 1983 or an interim hospital order under section 38 of that Act in the case of a person suffering from mental illness or severe mental impairment who could otherwise be committed to custody for breach of a relevant requirement as a magistrates' court has under those sections in the case of a person convicted of an offence punishable on summary conviction with imprisonment.
(2) In subsection (1) above "a relevant requirement" means—
(a) any requirement of an occupation order or non-molestation order;
(b) an exclusion requirement included by virtue of section 38A of the Children Act 1989 in an interim care order made under section 38 of that Act; or
(c) an exclusion requirement included by virtue of section 44A of the Children Act 1989 in an emergency protection order under section 44 of that Act.").

The noble and learned Lord said: I spoke to this amendment with Amendment No. 26. I beg to move.

On Question, amendment agreed to.

Clauses 17 to 21 agreed to.

The Lord Chancellor moved Amendment No. 38:


After Clause 21, insert the following new clause—

Contempt proceedings

("21A. The powers of the court in relation to contempt of court arising out of a person's failure to comply with an order under this Act may be exercised by the relevant judicial authority.").

The noble and learned Lord said: I spoke to this with Amendment No. 26. I beg to move.

On Question, amendment agreed to.

Clause 22 [Magistrates' courts]:

The Lord Chancellor moved Amendment No. 39:


Page 15, line 23, after ("interest") insert ("or contract").

The noble and learned Lord said: I spoke to this with Amendment No. 6. I beg to move.

On Question, amendment agreed to.

Clause 22, as amended, agreed to.

Clause 23 [Appeals]:

The Lord Chancellor moved Amendment No. 40:


Page 15, line 36, leave out ("22(4)") and insert ("22(2)").

The noble and learned Lord said: I spoke to this with Amendment No. 6. I beg to move.

On Question, amendment agreed to.

Clause 23, as amended, agreed to.

Clause 24 agreed to.

The Lord Chancellor moved Amendments Nos. 41 to 45:


Page 16, line 28, at end insert—
(""adoption order" has the meaning given by section 72(1) of the Adoption Act 1976;").
Page 16, line 34, at end insert—

24 Apr 1995 : Column CWH26


(""development" means physical, intellectual, emotional, social or behavioural development").
Page 16, leave out lines 40 to 43 and insert—
("(a) in relation to a person who has reached the age of eighteen years, means ill-treatment or the impairment of health, and
(b) in relation to a child, means ill-treatment or the impairment of health or development;
"health" includes physical or mental health;
"ill-treatment", in relation to a child, includes sexual abuse and forms of ill-treatment which are not physical").
Page 17, line 25, at end insert—
(""the relevant judicial authority", in relation to any order under this Act, means—
(a) where the order was made by the High Court, a judge of that court,
(b) where the order was made by a county court, a judge or district judge of that or any other county court, or
(c) where the order was made by a magistrates' court, any justice of the peace.").
Page 17, line 25, at end insert—
("( ) where the question of whether harm suffered by a child is significant turns on the child's health or development, his health or development shall be compared with that which could reasonably be expected of a similar child".).

The noble and learned Lord said: I spoke to Amendment No. 41 with Amendment No. 2. I spoke to Amendments Nos. 42 to 45 inclusive with Amendment No. 6. With your Lordships' leave, I move the amendments en bloc.

On Question, amendments agreed to.

Clause 25, as amended, agreed to.

Clauses 26 and 27 agreed to.

Schedule 1 agreed to.

Schedule 2 agreed to.

Schedule 3 [Amendments of Children Act 1989]:


Next Section Back to Table of Contents Lords Hansard Home Page