Police, Crime, Sentencing and Courts Bill: Progress of the Bill

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Police, Crime, Sentencing and Courts Bill: Progress of the Bill By Sally Lipscombe, Jacqueline Beard, Police, Crime, Sentencing and Jennifer Brown, Joanna Dawson Courts Bill: Progress of the Bill 2 July 2021 Summary 1 Background to the Bill 2 Public Bill Committee commonslibrary.parliament.uk Number 9273 Police, Crime, Sentencing and Courts Bill: Progress of the Bill Contributing Authors Roger Tyres, Road traffic offences, 2.11 Image Credits CCC1 by Badly Drawn Dad. Licensed under CC BY 2.0 / image cropped. Disclaimer The Commons Library does not intend the information in our research publications and briefings to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. 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If you have general questions about the work of the House of Commons email [email protected]. 2 Commons Library Research Briefing, 2 July 2021 Police, Crime, Sentencing and Courts Bill: Progress of the Bill Contents Summary 4 1 Background to the Bill 5 1.1 Summary of the Bill 5 1.2 Second reading 5 2 Public Bill Committee 8 2.1 Part 1: Protection of the police 8 2.2 Part 2, Chapter 1 and 2: Prevention of violence 10 2.3 Part 2, Chapter 3: Extraction of information from electronic devices 15 2.4 Part 3: Public Order 16 2.5 Part 4: Unauthorised encampments 22 2.6 Part 6: Cautions 24 2.7 Part 7: Sentencing and release 25 2.8 Parts 8 and 9: Youth Justice 30 2.9 Part 10, Chapter 1: Serious Violence Reduction Orders (SVROs) 31 2.10 Part 12: Procedures in courts and tribunals 34 2.11 Opposition new clauses: Violence against women and girls 37 2.12 Other areas of debate 45 3 Commons Library Research Briefing, 2 July 2021 Police, Crime, Sentencing and Courts Bill: Progress of the Bill Summary The Police, Crime, Sentencing and Courts Bill 2021-22 was introduced to the House on 9 March 2021. Second Reading took place on 15 and 16 March 2021. A carry-over motion for the Bill was passed on 16 March 2021, enabling it to continue its progress in the 2021-22 parliamentary session. The Bill was considered by a Public Bill Committee over 20 sessions between 18 May – 24 June 2021. The Committee took evidence from expert witnesses for the first four sittings. Full policy background to the Bill as introduced is available on the Library website: see Police, Crime, Sentencing and Courts Bill 2019-21: Background. Committee stage The only changes to the Bill agreed by the Committee were the following minor/ technical Government amendments, which were agreed without division: • Amendments 64 to 67 to clause 53 on prisoner custody officers to correct legislative cross-references.1 • Amendment 132 to clause 109 regarding the mechanism to change Parole Board decisions where there has been an error.2 • Transitional provisions regarding driving disqualifications (amendment 68).3 • Amendments to the Rehabilitation of Offenders Act 1974 to clarify the disclosure period for certain orders made on conviction.4 The Opposition unsuccessfully pushed divisions on whether Parts 3 and 4 (policing of protests/unauthorised encampments) and Part 7 (minimum sentences, release from prison and a power to refer offenders to the Parole Board) should stand part. They tabled a number of amendments to various other parts of the Bill and a collection of new clauses concerning violence against women and girls. 1 HC Deb 27 May 2021 [Police, Crime, Sentencing and Courts Bill (Eighth sitting)] c346 2 HC Deb 15 June 2021 [Police, Crime, Sentencing and Courts Bill (Thirteenth sitting)] c523 3 HC Deb 15 June 2021 [Police, Crime, Sentencing and Courts Bill (Thirteenth sitting)] c524 4 HC Deb 17 June 2021 [Police, Crime, Sentencing and Courts Bill (Sixteenth sitting)] c614 For details see: DEP2021-0475, Letter from Victoria Atkins MP and Chris Philp MP to Charles Walker MP, Steve McCabe MP and Gavin Robinson MP regarding the Government amendments tabled for the Commons Committee stage of the Police, Crime, Sentencing and Courts Bill, 9 June 2021 4 Commons Library Research Briefing, 2 July 2021 Police, Crime, Sentencing and Courts Bill: Progress of the Bill 1 Background to the Bill 1.1 Summary of the Bill The Police, Crime, Sentencing and Courts Bill 2021-22 was introduced to the House on 9 March 2021. Second Reading took place on 15 and 16 March 2021. A carry-over motion for the Bill was passed on 16 March 2021, enabling it to continue its progress in the 2021-22 parliamentary session. The Bill was considered by a Public Bill Committee over 20 sessions between 18 May – 24 June 2021. The Committee took evidence from expert witnesses for the first four sittings. The Bill, together with its Explanatory Notes and an overview of its parliamentary progress, is available on the Parliament website. Overarching documents are available on Gov.uk. Full policy background to the Bill as introduced is available on the Library website: see Police, Crime, Sentencing and Courts Bill 2019-21: Background. Clause numbers in this paper refer to the Bill as introduced. 1.2 Second reading Second Reading took place over two sittings on 15 and 16 March 2021.5 The debates occurred against the backdrop of the death of Sarah Everard. The events preceding the debate were frequently referenced during Members’ speeches.6 As such, the Bill’s provisions concerning protest and the issue of violence against women and girls were prominent themes during the debate. Protests Nick Thomas-Symonds (Shadow Home Secretary) said the events at Sarah Everard’s vigil should be a red warning signal to the House that rushing through ill-judged and ill-thought-out restrictions on the right to protest would be a 5 HC Deb, Police, Crime, Sentencing and Courts Bill, 15 March 2021; HC Deb, Police, Crime, Sentencing and Courts Bill, 16 March 2021 6 Sarah Everard’s name was mentioned a total of 56 times during the debates. 5 Commons Library Research Briefing, 2 July 2021 Police, Crime, Sentencing and Courts Bill: Progress of the Bill profound mistake that would have long-lasting consequences and do great damage to our democracy.7 He said the Opposition would oppose the Bill on account of its provisions concerning protest.8 A number of Labour MPs used their speeches to echo the Shadow Home Secretary’s remarks regarding protests. SNP, Liberal Democrat and DUP Members also voiced opposition to the clauses.9 Former Home Secretary Theresa May was one of a small number of Conservative Members who also raised concern about the protest clauses. She called on the Government to publish draft regulations required under the Bill to define some of the terms used in the protest clauses.10 Most Conservative MPs who spoke on the protest provisions voiced their support for them. They argued that the Bill would not supress peaceful protest but rather allow the police to take proportionate action against disruptive protests.11 Violence against women and girls Many Labour Members criticised the Bill for lacking provisions tackling violence against women and girls (VAWG).12 Nick Thomas-Symonds said the Bill was “shamefully short of measures to address the unacceptable violence women and girls face”.13 He criticised provisions in the Bill which would increase sentences for desecration of war memorials arguing that they suggest “attacking a statue could be a worse crime than rape”.14 Some Conservative Members pointed out that the Government’s Domestic Abuse Bill (which has since received Royal Assent) included provisions relating to VAWG. Laura Farris (Conservative) said she did not wish to “bolt on new provisions” to the Bill when there is “focused legislation” elsewhere.15 Other issues A number of other issues were raised during the debate: • Assaults on shopworkers: Chris Bryant (Lab), Philip Davies (Con), Jeff Smith (Lab), Huw Merriman (Con), Emma Hardy (Lab) and Nick Thomas- Symonds argued the Bill should include a new offence related to assaulting shop workers. 7 HC Deb, Police, Crime, Sentencing and Courts Bill, 15 March 2021, c68 8 Ibid, c69 9 See speeches by Wera Hobouse, Anne McLaughlin and Gavin Robinson respectively 10 HC Deb, Police, Crime, Sentencing and Courts Bill, 15 March 2021, c 77- 78 11 See, for example, speeches by Gareth Johnson, Johnathan Gullis, Sara Britcliffe, Simon Clarke and Cherilyn Mackrory 12 See, for example, speeches by Dr Rupa Huq, Dame Dianna Johnson, Kate Osborne and Charlotte Nichols 13 HC Deb, Police, Crime, Sentencing and Courts Bill, 15 March 2021, c 72 14 Ibid, c77 15 Ibid, c95 6 Commons Library Research Briefing, 2 July 2021 Police, Crime, Sentencing and Courts Bill: Progress of the Bill • War memorials: several Conservative MPs expressed support for clause 46 of the Bill which would allow the Crown Court to hear cases involving the desecration of war memorials.16 As discussed above, Labour criticised this clause.
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