Amendment Paper)
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Committee Stage: Tuesday 15 June 2021 Police, Crime, Sentencing and Courts Bill (Amendment Paper) This document lists all amendments tabled to the Police, Crime, Sentencing and Courts Bill. Any withdrawn amendments are listed at the end of the document. The amendments are arranged in the order in which it is expected they will be decided. *This document should be read alongside the Chair’s provisional Selection and Grouping, which sets out the order in which the amendments will be debated. New Amendments. Amendments which will comply with the required notice period at their next appearance. New amendments: NC76 to NC84 Sarah Champion 145 Alex Cunningham Andrew Gwynne Mr Virendra Sharma Rosie Cooper Caroline Lucas Paula Barker Kim Johnson Claudia Webbe Emma Hardy Tony Lloyd Helen Hayes Anna McMorrin Mrs Emma Lewell-Buck Clause 109, page 98, line 41, at beginning insert— “(1) In subsection (3) of section 239 of the Criminal Justice Act 2003 (the Parole Board), after 3(b) insert— “(c) the views of the victim or victims of the crime to which the case relates”” Member’s explanatory statement This amendment would amend the Criminal Justice Act 2003 to ensure victims/survivors are consulted in parole decisions which will affect them. Victoria Atkins 132 Chris Philp Clause 109, page 99, line 11, leave out “resulted from a clear mistake” and insert “it would not have given or made but for an error” 2 Tuesday 15 June 2021 COMMITTEE STAGE Member’s explanatory statement This amendment ensures that the language used in the new provision about when the Parole Board can set aside decisions aligns with a recent High Court judgment which ruled on the circumstances when a Parole Board decision can be revisited and makes a drafting clarification. Victoria Atkins 68 Chris Philp Clause 115, page 104, line 21, at end insert— “(2A) The amendments made by subsection (2)(a)(i) do not have effect in relation to an offender who— (a) is sentenced before the coming into force of section 107 (increase in requisite custodial period for certain offenders of particular concern), and (b) on being sentenced, will be a prisoner to whom section 244A of the Criminal Justice Act 2003 (release on licence of prisoners serving sentence under 278 of the Sentencing Code etc) applies.” Member’s explanatory statement This amendment ensures that the amendments made by clause 115(2)(a)(i) do not apply to a person who is sentenced between the passing of the Bill (when clause 115 comes into force) and the coming into force of clause 107 two months later and who will be a person to whom section 244A of the Criminal Justice Act 2003 applies. Alex Cunningham 128 Sarah Champion Clause 131, page 122, line 12, at end insert— “(ba) after subsection (5) insert— “(5A) For the purposes of subsections (5) and (6) “recent” is defined as having occurred in the previous six weeks.”” Alex Cunningham 129 Sarah Champion Clause 131, page 122, line 16, at end insert— “(ca) in subsection (7)(b) insert “serious” before “imprisonable offences”;” Tuesday 15 June 2021 COMMITTEE STAGE 3 Alex Cunningham 130 Sarah Champion Clause 131, page 123, line 3, at end insert— “(aa) after subsection (4)(b) insert— “(c) state in open court the age, gender and ethnicity of the child.”” Peter Kyle 122 Alex Cunningham Anna McMorrin Schedule 16, page 255, line 26, at end insert— “(2A)After sub-paragraph 4(1) (Duty to give warning or lay information relating to breach of order), insert— “4 (1A) For the purposes of this paragraph, a reasonable excuse for breach of an electronic compliance monitoring requirement shall include design faults in any necessary electronic apparatus, including (but not limited to) poor battery life; but shall not include intentional failure by the offender to charge necessary electronic apparatus.”” Member’s explanatory statement This amendment would introduce a safeguard to prevent children from being criminalised due to design faults, including poor battery life, on electronic monitoring devices. Peter Kyle 120 Alex Cunningham Sarah Champion Schedule 16, page 258, line 34, at end insert— “24(1) Paragraph 35 of Schedule 1 (Further provisions about youth rehabilitation orders) of the Criminal Justice and Immigration Act 2008 is amended as follows. (2) In sub-paragraph (1), for “The Secretary of State may by order” substitute “The Secretary of State must by order”. (3) In sub-sub-paragraph (1)(a), omit “enable or”.” Member’s explanatory statement This amendment would make panel reviews of youth rehabilitation orders routine by amending Paragraph 35, Schedule 1 of the Criminal Justice and Immigration Act 2008. 4 Tuesday 15 June 2021 COMMITTEE STAGE Peter Kyle 121 Alex Cunningham Anna McMorrin Sarah Champion Schedule 16, page 258, line 34, at end insert— “24(1) Paragraph 3 of Schedule 1 (Further provisions about youth rehabilitation orders) of the Criminal Justice and Immigration Act 2008 is amended as follows. (2) At end insert— “(6) The Secretary of State shall take steps to ensure that there are sufficient resources in place to allow for a court to make a youth rehabilitation order with intensive supervision and surveillance in all appropriate cases.”” Member’s explanatory statement This amendment would require the Secretary of State to ensure that intensive supervision and surveillance is available in all youth offending areas. Peter Kyle 123 Alex Cunningham Anna McMorrin Clause 138, page 126, line 40, at end insert— “(8) A secure 16 to 19 Academy will be subject to annual inspection by Her Majesty’s Chief Inspector of Prisons.” Member’s explanatory statement This amendment would make secure 16 to 19 academies subject to annual inspection by Her Majesty‘s Chief Inspector of Prisons. Anna McMorrin 133 Alex Cunningham Sarah Champion Clause 138, page 126, line 40, at end insert— “(8) A secure 16 to 19 Academy will be subject to annual inspection by Ofsted.” Member’s explanatory statement This amendment would make secure 16 to 19 academies subject to annual inspection by Ofsted. Tuesday 15 June 2021 COMMITTEE STAGE 5 Sarah Champion 146 Clause 138, page 126, line 40, at end insert— “(8) A local authority may establish and maintain a secure 16 to 19 Academy. (9) A body corporate (including any of its subsidiaries) that is carried on for profit may not be a party to an arrangement to establish and maintain a secure 16 to 19 Academy.” Member’s explanatory statement This amendment would enable local authorities to run Secure 16 to 19 Academies, either alone or in consortia, and to prevent these establishments being run for profit. Sarah Jones 101 Sarah Champion Clause 139, page 128, line 42, at end insert— “(9A)If the order is made before regulations have been made under section 175(1) of the Police, Crime, Sentencing and Courts Bill for the coming into force of section 139 of that Act for all purposes and in relation to the whole of England and Wales, the court must, in every case where the prosecution makes an application under paragraph (b) of section 342A(1) for a serious violence reduction order to be made, set out in writing its reasons for making, or not making, such an order.” Member’s explanatory statement This amendment would require the court, during any pilot of serious violence reduction orders, to set out in writing its reasons for making or not making such an order. Sarah Jones 103 Sarah Champion Clause 139, page 133, line 43, at end insert— “(3A)Guidance under this section must include guidance on the intelligence, community information and risk factors that are to be considered before an application is made for the imposition of a serious violence reduction order.” 6 Tuesday 15 June 2021 COMMITTEE STAGE Sarah Jones 99 Sarah Champion Clause 140, page 134, line 33, leave out “and (3)” and insert “(3) and (3A)” Sarah Jones 98 Sarah Champion Clause 140, page 134, line 42, at end insert— “(3A)The report under subsection (3) must include— (a) information on the ethnicity of people made subject to a serious violence reduction order; (b) information on the number of people made subject to a serious violence reduction order where there is no evidence of their having handled a weapon, either in the incident resulting in the imposition of the order or previously; (c) information on the number of people stopped by a police officer in the belief that they are subject to a serious violence reduction order, broken down by ethnicity (collected on the basis of self- identification by the person stopped), and including information on the number of times any one individual is stopped; (d) analysis of the distribution of serious violence reduction orders in relation to the ethnic make-up of the population; (e) an equality impact assessment including an assessment of the impact of the pilot on the groups mentioned in the equality statement produced before the pilot is commenced; (f) analysis of data assessing the extent to which the pilot has reduced serious violent crime and reoffending by comparison with other areas; (g) an assessment by the Sentencing Council of the proportionality of the distribution of the imposition of serious violence reduction orders; (h) analysis of (i) the impact of the length of time for which a serious violence reduction order is imposed on reoffending and (ii) the extent to which the length of time for which a serious violence reduction order is imposed has harmful impacts on the life of the individual who is subject to it; (i) an assessment of the impact of the imposition of serious violence reduction orders on the use of ‘stop and account’ in the pilot area or areas;