Anti-social Behaviour, Crime and Policing Bill

Debate between Damian Green and Baroness Primarolo

Monday 14th October 2013 Commons Chamber

[The Minister for Policing and Criminal Justice (Damian Green)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dawn Primarolo)]

With this, it will be convenient to discuss the following:

Government new clause 14—Sexual harm prevention orders and sexual risk orders, etc.

Government new clause 15—Saving and transitional provision.

New clause 5—Child sexual abuse prevention orders—

‘(1) The Sexual Offences Act 2003 is amended as follows.

(2) For sections 123 (Risk of sexual harm orders: applications, grounds and effect) to 129 (Effect of conviction etc. of an offence under section 128) substitute—

“123 Child Sexual Abuse Prevention Orders: Applications and grounds

(1) On the application of a qualifying person, or on conviction of a qualifying offence, a magistrates’ court may make a ‘child sexual abuse prevention order’ if it is satisfied that it is necessary to make such an order for the purposes of protecting children generally or any particular child from serious sexual harm from the defendant.

(2) A qualifying person under subsection (1) shall be a chief officer of police or an officer, of superintendant rank or above, in the NCA or other relevant agency to be decided by the Home Secretary.

(3) In subsection (1) a defendant shall be considered to be convicted of a qualifying offence who—

(a) is convicted of an offence listed in schedules 3 and 5;

(b) is found not guilty of such an offence by reason of insanity;

(c) is found to be under a disability and to have done the act charged against him in respect of such an offence;

(d) is cautioned in respect of such an offence;

“(1) A chief officer of police may apply for an order under this section in respect of a person who resides in his police area or who the chief officer believes is in, or is intending to come to, his police area.

(2) An application under subsection (1) may be made to a magistrates’ court whose commission area includes—

(a) any part of the police area, or

(b) any place where it is alleged that the defendant committed one or more offences listed in schedules 3 and 5.

Section 123: supplemental

‘(1) In this Part, ‘Child Sexual Abuse Prevention Order’ means an order under section 123.

(2) Subsections (3) and (4) apply for the purposes of Section 1.

(3) ‘Protecting children generally or any particular child from serious sexual harm from the defendant’ means protecting persons under 18 or any person under 18, in or outside the United Kingdom, from serious physical or psychological harm caused by the defendant committing one or more offences listed in Schedule 3.

(4) Acts, behaviour, convictions, and findings include those occurring before the commencement of this Part.

(5) In subsection (1)(1), a person shall also be considered to have been convicted of a qualifying offence if, under law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—

(a) he has been convicted of a relevant offence (whether or not he has been punished for it),

(b) a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,

(c) such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or

(d) he has cautioned in respect of a relevant offence.

(6) In subsection (5), a ‘relevant offence’ means an act which—

(a) constituted an offence under the law in force in the country concerned, and

(b) would have consituted an offence within schedules 3 and 5 if it had been done in any part of the United Kingdom.

(7) An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (6), however it is described in that law.

(8) Subject to subsection (9), on an applicatioin under section 1 the condition in subsection (6)(b) above (where relevant) is to be taken as met unless, not later than rules of the court may provide, the defendant serves on the applicant a notice—

(a) stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,

(b) showing his grounds for that opinion, and

(c) requiring the applicant to prove that the condition is met.

(9) The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without the service of a notice under subsection (8).

Child-SAPOs: effect

‘(1) A Child Sexual Abuse Prevention Order—

(a) prohibits the defendant from doing anything described in the order, and

(b) has effect for a fixed period (not less than five years) specified in the order or until further order.

(2) The only prohibitions that may be included in the order are those necessary for the purpose of protecting children generally or any particular child from serious sexual harm from the defendant.

(3) Where a court makes a child sexual abuse prevention order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.

(4) Section 3(3) applies for the purposes of this section and section 5.

Child-SAPOs: variations, renewals and discharges

‘(1) A person within subsections (2) may apply to the appropriate court for an order varying, renewing or discharging a child sexual abuse prevention order.

(2) The persons are—

(a) the defendant;

(b) the chief officer of police for the area in which the defendant resides;

(c) a chief officer of police who believes that the defendant is in, or is intending to come on to, his police area;

(d) where an order was made on an application under section 1(1), the chief officer or other qualifying person who made the application.

(3) An application under subsection (1) may be made—

(a) where the appropriate court is the Crown Court, in accordance with rules of the court;

(b) in any other case, by complaint.

(4) Subject to subsections (5) and (6), on the application of the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the child sexual abuse prevention order, that the court considers appropriate.

(5) An order may be renewed, or varied so as to impose additional prohibitions on or to lift prohibitions from the defendant, only if it is necessary to do so for the purposes of protecting children generally or any particular child from serious sexual harm from the defendant (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).

(6) The court must not discharge an order before the end of five years beginning with the day on which the order was made, without the consent of the defendant and—

(a) where the application is made by a chief officer of police, that chief officer, or other qualifying person or

(b) in any other case, the chief officer of police for the area in which the defendant resides.

(7) In this section ‘the appropriate court’ means—

(a) where the Crown Court or the Court of Appeal made the child sexual abuse prevention order, the Crown Court;

(b) where a magistrates’ court made the order, that court, a magistrates’ court for the area in which the defendant resides, or where the application is made by a chief officer of police, any magistrates’ court whose commission area includes any part of the chief officers’ police area or any area where the alleged offences occurred.

(c) where a youth court made the order, that court, the youth court for the area in which the defendant resides or, where the application is made, any youth court whose commission area includes any part of a chief officer’s police area or any place where the alleged offences occurred.

(8) This section applies to orders under—

(a) Section 5A of the Sex Offenders Act 1997 (c.51) (restraining orders),

(b) Section 2 or 20 of the Crime and Disorder Act 1998 (c.37) (sex offender orders made in England and Wales and Scotland),

(c) Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I., 1998/2839 (N.I. 20)) (sex offender orders made in Northern Ireland), and

(d) as it applies to child sexual abuse prevention orders.

Interim Child-SAPOs

‘(1) This section applies where an application under section 123(1) (‘the main application’) has not been determined.

(2) An application for an order under this section (‘an interim child sexual abuse prevention order’)—

(a) may be made by the complaint by which the main application is made, or

(b) if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.

(3) The Court may, if it considers it just to do so, make an interim child sexual abuse prevention order, prohibiting the defendant from doing anything described in the order.

(4) Such an order—

(a) has effect only for a fixed period, specified in the order;

(b) ceases to have effect, if it has not already done so, on the determination of the main application.

(5) The applicant or the defendant may by complaint apply to the court that made the interim child sexual abuse prevention order for the order to be varied, renewed or discharged.

(6) Subsection (5) applies to orders under—

(a) Sections 2A or 20(4)(a) of the Crime and Disorder Act 1998 (c.37) (interim orders made in England and Wales Scotland), and

(b) Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I., 1998/2839 (N.I. 20)) (interim orders made in Northern Ireland),

as it applies to interim child sexual abuse prevention orders.

Child-SAPO and interim Child-SAPO appeals

‘(1) A defendant may appeal to the Crown Court against the making of a child sexual abuse prevention order under section 123(1).

(2) A defendant may appeal to the Crown Court aginst the making of an interim child sexual abuse prevention order under section 127(3).

(3) A defendant may appeal against the making of an order under section 127(3), or the refusal to make such an order—

(a) where the application for such an order was made to the Crown Court, to the Court of Appeal;

(b) in any other case, to the Crown Court.

(4) On an appeal under section (1), (2) or subsection (3)(b), the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

(5) Any order made by the Crown Court on an appeal under sections (1) or (2) (other than an order directing that an application be re-heard by a magistrates’ court) is for the purpose of subsecitons 126(7) and 127(6) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).

Offence: breach of a Child-SAPO or interim Child-SAPO

‘(1) A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by—

(a) a child sexual abuse prevention order;

(b) an interim child sexual abuse prevention order,

(c) an order under section 5A of the Sex Offenders Act 1997 (c.51) (restraining orders);

(d) an offender under sections 2, 2A or 20 of the Crime and Disorder Act 1998 (c.37) (sex offenders orders and interim orders made in England and Wales and in Scotland);

(e) an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I., 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland).

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for at term not exceeding five years.

(c) where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional disharge or, in Scotland, a probation order.

(3) The Home Secretary shall issue guidance on the use of child sexual abuse prevention orders and interim child sexual abuse prevention orders within six months of this section coming into force.”.’.

New clause 7—Possession of prohibited written material about children—

‘(1) Section 62 of the Coroners and Justice Act 2009 (offence of possession of prohibited images of children) is amended as follows.

(2) In subsection (1), after “prohibited image of a child” insert “or prohibited written material about a child”.

(3) After subsection (2) insert—

“(2A) Prohibited written material about a child is written material which—

(a) is pornographic,

(b) falls within subsection (6), and

(c) is grossly offensive, disgusting or otherwise of an obscene character.”

(4) In subsection (3), after “image” insert “or written material”.

(5) After subsection (5) insert—

“(5A) Where (as found in the person’s possession) written material forms part of a series of written material, the question whether the written material is of such a nature as is mentioned in subsection (2A) is to be determined by reference to—

(a) the written material itself, and

(b) (if the series of written material is such as to be capable of providing a context for the written material) the context in which it occurs in the series of written material.

(5B) So, for example, where—

(a) written material forms an integral part of a narrative constituted by a series of written material, and

(b) having regard to those written materials as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal,

the written material may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.”

(6) In subsection (6), insert “or written material” after the word “image” each time it appears.’.

Government new schedule 1—Amendments of Part 2 of the Sexual Offences Act 2003.

Government amendments 63 and 92 to 94.

[Damian Green]

The Government proposals are in my name and that of my right hon. Friend the Home Secretary. New clauses 14 and 15, and new schedule 1, will simplify and strengthen the existing civil order regime under the Sexual Offences Act 2003. The inspiration for the reforms is the Childhood Lost campaign of my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood), who has attracted more than 100,000 signatures to her online petition and the support of 67 right hon. and hon. Members on both sides of the House, who have added their names to my hon. Friend’s new clause 5. I pay tribute to her and those on both sides of the House who have campaigned so effectively on this important issue.

The Government essentially agree with the campaign and we are determined to do everything we can to protect the public from predatory sexual offenders. The UK has some of the toughest powers in the world to manage the risks posed by sex offenders, but in recognition of the important points highlighted by my hon. Friend’s campaign we are bringing forward amendments to the Sexual Offences Act 2003 to make our powers even more effective.

Criminal Injuries Compensation Scheme

Debate between Damian Green and Baroness Primarolo

Wednesday 7th November 2012 Commons Chamber

[Damian Green]

They are not “not eligible”; each case will be considered. [Hon. Members: “Why?”] Because it is sensible to allow discretion in those periods. [Interruption.] We cannot and will not simply continue pouring out taxpayers’ money to little effect. I must again emphasise that the Government are committed to improving support—[Interruption.]

[Madam Deputy Speaker (Dawn Primarolo)]

Order. It is impossible to conduct a debate if Front Benchers, supported by Back Benchers, shout at the Minister all the time. We cannot follow the points being made, so I would be grateful if it stopped.

[Damian Green]

Thank you, Madam Deputy Speaker.

We cannot simply continue to pour out taxpayers’ money to little effect. The changes are meant to ensure that the money spent on supporting victims of crimes of all sorts is spent in the most effective way.

Police and Crime Commissioner Elections

Debate between Damian Green and Baroness Primarolo

Friday 19th October 2012 Commons Chamber

[Madam Deputy Speaker (Dawn Primarolo)]

Order. If we have finished the comments about people’s diaries, perhaps we could return to the important subject of this Adjournment debate.

[Damian Green]

I will happily do that, Madam Deputy Speaker, because it gives me the chance to correct a number of inaccurate assertions that the hon. Gentleman has made.

I will deal with the hon. Gentleman’s final point about whether Members are doing their best to increase interest in the elections. I cannot remember whether he attended Home Office questions on Monday, but, as the Home Secretary observed, many Government Members took the opportunity to refer to the elections and individual candidates. The only Labour candidate referred to by name, however, was the right hon. Member for Cardiff South and Penarth (Alun Michael), and he was referred to by himself, so, although I agree that Members should help to raise public awareness, I think I can say, in the fairest and least partisan way possible, that the hon. Gentleman might want to spread that message on his own Benches. It has been well spread on ours.

The hon. Member for Leicester South (Jonathan Ashworth) mentioned police numbers, so it is worth putting it on the record the fact that crime in Leicestershire has fallen by 5% in the past 12 months, which shows how effective the current arrangements for policing are there.

I remind the House why we are introducing police and crime commissioners, the most significant democratic reform of policing ever. It will introduce greater transparency and accountability to a service of which we are rightly proud but which can sometimes be too distant from the public it serves and can fail adequately to reflect their concerns and priorities. For too long before the Government came into office, the Home Office interfered too much in local policing and cared too little about national threats. The introduction of PCCs is a step along the road to reversing that trend. The creation of the National Crime Agency to focus on serious and organised crime nationally is another. PCCs will not just focus on their local area but will have a duty to co-operate in dealing with national threats under the new strategic policing arrangement.

Within four weeks, we will find out who the first PCCs will be. They will be the first people elected with a democratic mandate to hold their local force to account, set the budget and draw up the policing plan. Of course, the wider landscape into which the new PCCs will enter is also evolving fast. The college of policing will be launched later this year, and PCCs will sit on its board. Crucially, then, direct representation of the people of England and Wales will also be introduced on to that board. The purpose of the college will be to enhance professionalism across the service. Everyone in the country cares about the continual improvement of professionalism in the police, and the college will play a significant role in making that happen.

The issue of public awareness lay at the heart of the speech by the hon. Member for Caerphilly. It is worth putting that in the context of the picture we now have of crime. By happy coincidence, the latest crime statistics were out yesterday, and they are very pertinent to this debate. They show that on both measures—the crime survey for England and Wales and police recorded crime—crime is falling. It has fallen by 6% in the crime survey and by 6% in the record crime figures. Most significantly, the fall is across the board—violence, burglary, vandalism, vehicle theft, robbery and knife crime are all down.

PCCs will be taking up their posts, therefore, in a time of a continuing downward trend in crime rates that proves—this is relevant to the point about Leicestershire—that it is not how many officers we have but what we do with them that counts. Wise PCCs will understand that point when they take up their offices and start deploying the police plans that they will need to operate. We are replacing what were bureaucratic and unaccountable police authorities with democratically accountable PCCs so that, for the first time, the public will be given a voice and a seat around the table when key decisions are made about how their communities are being policed and how their money is being spent. I suspect that the hon. Gentleman would agree that that simply does not happen under the current system, and I genuinely hope that the tone of his speech did not reflect an underlying unease about greater and better democratic control of the police.

Border Checks Summer 2011

Debate between Damian Green and Baroness Primarolo

Wednesday 9th November 2011 Commons Chamber

[The Minister for Immigration (Damian Green)]

This is a serious subject, which deserves serious contributions. Sadly, the shadow Immigration Minister, the hon. Member for Rhondda (Chris Bryant), has just characteristically walked the line between opportunism and hypocrisy, as he so often does, believing apparently—[Interruption.] He apparently believes—[Interruption.]

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I am sure the Minister was not making any personal comment as to integrity or behaviour, but he might wish to rephrase his remarks.

[Damian Green]

rose—

--- Later in debate ---

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

The Home Secretary talked about risks. I have been in correspondence with the Minister and the Home Secretary, and we disagree about the internal port at Stranraer and Cairnryan. Following the withdrawing of UKBA funding there, people arrive—[Hon. Members: “Speech!”] People arrive there, they are illegal and they are identified by the Dumfries and Galloway constabulary. Arrangements are then made with—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. If Members rise to intervene, they should make an intervention, not deliver a short lecture. I call the Minister.

[Damian Green]

I know how strongly the hon. Gentleman feels about the Larne and Stranraer issue, but it is not an international port. Northern Ireland is part of the United Kingdom; boats that come from Northern Ireland to Scotland are not crossing an international boundary. That is a fact that the hon. Gentleman needs to recognise.

The pilot was designed to improve security at our ports and to strengthen our border. Several Opposition Members said they believed that it was not being monitored and that no information was being passed to the Home Secretary or me during the course of the pilot, but of course that was not the case. We were getting regular information from management about what was happening, and it was telling us that there was a 10% increase in the detection of illegal immigrants, a 48% increase in fraudulent documents detected, and that cocaine seizures and illegal firearms seizures were up.