Lindsay Hoyle
Main Page: Lindsay Hoyle (Speaker - Chorley)Department Debates - View all Lindsay Hoyle's debates with the Ministry of Justice
(8 years, 6 months ago)
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Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
I beg to move, That the clause be read a Second time.
Mr Deputy Speaker (Mr Lindsay Hoyle)
With this it will be convenient to discuss the following:
Government new clause 54—Powers to seize invalid travel documents.
Government new clause 55—Anonymity of victims of forced marriage.
Government new clause 56—Licensing functions under taxi and PHV legislation: protection of children and vulnerable adults.
Government new clause 57—Powers of litter authorities in Scotland.
New clause 3—Digital Crime Review—
“(1) The Secretary of State shall have a duty to provide for a review of legislation which contains powers to prosecute individuals who may have been involved in the commission of digital crime in order to consolidate such powers in a single statute.
(2) In the conduct of the review under subsection (1), the Secretary of State must have regard to the statutes and measures that he deems appropriate, including but not limited to—
(a) Malicious Communications Act 1988, section 1,
(b) Protection from Harassment Act 1997, section 2, 2a, 4, 4a,
(c) Offences against the Person Act 1861, section 16, 20, 39, 47,
(d) Data Protection Act 1998, section 10, 13 and 55,
(e) Criminal Justice Act 1998, section 160,
(f) Regulation of Investigatory Powers Act 2000, section 30(1), (3),(5),(6), 78(5),
(g) Computer Misuse Act 1990, as amended by Serious Crime Act 2015 and Police and Justice Act 2006,
(h) Contempt of Court Act 1981,
(i) Human Rights Act 1998,
(j) Public Order Act 1986, section 4, 4a, 5, 16(b), 18,
(k) Serious Organised Crime Act 2005, section 145, 46,
(l) Wireless Telegraphy Act 2006, section 48,
(m) Criminal Justice and Courts Act 2014, section 32, 34, 35, 36, 37,
(n) Protection of Children Act 1978,
(o) Obscene Publications Act 1959,
(p) Crime and Disorder Act 1998, section 28, 29-32,
(q) Criminal Justice Act 2003, section 145, 146,
(r) Communications Act 2003, section 127, 128-131,
(s) Data retention and Investigatory Powers Act 2014, section 4,
(t) Sexual Offences Amendment Act 1992, section 5,
(u) Counter Terrorism and Security Act 2015,
(v) Protection of Freedoms Act 2012, section 33(5), 29(6),
(w) Criminal Damage Act 1971, section 2,
(x) Sexual Offences Act 2003, section 4, 8, 10, 62,
(y) Criminal Justice and Police Act 2001, section 43,
(z) Magistrates Court Act 1980, section 127,
() Suicide Act 1961, section 2(1) as amended by Coroners and Justice Act 2009,
() Criminal Justice and Immigration Act 2008, section 63,
() Theft Act 1968, section 21, and
() Criminal Law Act 1977, section 51(2)
(3) It shall be a duty of the Secretary of State to determine for the review any other statute under which persons have been prosecuted for a crime falling under section 1 of this Act.
(4) In the conduct of the review under subsection (1), the Secretary of State must consult with any person or body he deems appropriate, including but not limited to—
(a) the Police,
(b) Crown Prosecution Service,
(c) judiciary, and
(d) relevant community organisations.”
New clause 4—Surveillance and monitoring: offences—
“(1) A person commits an offence if the person—
(a) uses a digital device to repeatedly locate, listen to or watch a person without legitimate purpose,
(b) installs spyware, a webcam or any other device or software on another person’s property or digital device without the user’s agreement or without legitimate reason,
(c) takes multiple images of an individual unless it is in the public interest to do so without that individual’s permission and where the intent was not legitimate nor lawful,
(d) repeatedly orders goods or services for another person if the purpose of such actions is to cause distress, anxiety or to disrupt that person’s daily life,
(e) erases data remotely whilst a digital device is being examined by the police or any other lawful investigation,
(f) monitors a digital device registered to a person aged 17 or less if the purpose of that monitoring is to obtain information about a third person,
(g) monitors any other person’s digital device if the intent of the monitor is either to damage or steal data from that person, or
(h) creates a false persona on line without lawful reason if the purpose of such a creation is to intend to attempt to defraud, groom, impersonate or seriously damage the reputation of any other person.
(2) A person guilty of an offence under subsections (1)(a) or (b) is liable on conviction to a term of imprisonment not exceeding 12 months or a fine.
(3) For the purpose of subsection (1)(a) “repeatedly” shall be deemed as on two occasions or more.
(4) A person guilty of an offence under subsection (1)(d) is liable on conviction to a fine not exceeding the statutory limit.
(5) A person guilty of an offence under subsections (1)(e), (f), (g) or (h) is liable on conviction to a term of imprisonment not exceeding 12 months.
(6) The Secretary of State shall introduce restrictions on the sale of spyware to persons under the age of 16 and requests all persons who are purchasing such equipment to state their intended use of such equipment.”
New clause 5—Digital crime training and education—
‘(1) It shall be the responsibility of the Home Department to ensure that each Police Service shall invest in training on the prioritisation, investigation and evidence gathering in respect of digital crime and abuse.
(2) It shall be the responsibility of the Home Department to ensure that all Police services record complaints and outcomes of complaints of digital crime and abuse.
(3) It shall be the responsibility of the Secretary of State for the Home Department to publish annual statistics on complaints and outcomes of digital crime and abuse.”
New clause 6—Offence of abduction of a vulnerable child aged 16 or 17—
“(1) A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he or she—
(a) takes a child to whom this section applies away from the responsible person; or
(b) keeps such a child away from the responsible person; or
(c) induces, assists or incites such a child to run away or stay away from the responsible person or from a child’s place of residence.
(2) This section applies in relation to a child aged 16 or 17 who is—
(a) a child in need as defined in section 17 of the Children Act 1989; or
(b) a child looked after under section 20 of the Children Act 1989; or
(c) a child housed alone under part 7 of the Housing Act 1996; or
(d) a child who is suffering or is likely to suffer significant harm subject to section 47 1(b) of the Children Act 1989.
(3) In this section “the responsible person” is—
(a) a person with a parental responsibility as defined in the Children Act 1989; or
(b) a person who for the time being has care of a vulnerable child aged 16 and 17 by virtue of a care order, an emergency protection order, or protection from section 46 of the Children Act 1989; or
(c) any other person as defined in regulations for the purposes of this section.
(4) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both such imprisonment and fine; or
(b) on conviction on indictment, to imprisonment for a term not exceeding seven years.
(5) No prosecution for an offence above shall be instituted except by or with the consent of the Director of Public Prosecutions.”
New clause 10—Prevention of child sexual exploitation and private hire vehicles—
“(1) The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows.
(2) After section 47(1) insert—
“(1A) A district council must carry out its functions under this section with a view to preventing child sexual exploitation”.
(3) At end of section 48 (1) insert—
“(c) a district council must carry out its functions under this section with a view to preventing child sexual exploitation”.
(4) Section 7 of the London Cab Order 1934 is amended as follows.
(5) After section 7(2) insert—
“(2A) Transport for London must carry out its functions under this section with a view to preventing child sexual exploitation.””
(6) Section 7 of the Private Hire Vehicles (London) Act 1998 is amended as follows.
(7) After section 7(2) insert—
“(3) The licensing authority must carry out its functions under this section with a view to preventing child sexual exploitation.””
This new clause would place local authorities under a duty to consider how they can prevent child sexual exploitation when they issue licences for taxis and private hire vehicles.
New clause 13—Grooming for criminal behaviour: offence—
“(1) A person aged 18 or over (A) commits an offence if—
(a) A has met or communicated with another person (B) on at least two occasions and subsequently—
(i) A intentionally meets B,
(ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or
(iii) B travels with the intention of meeting A in any part of the world,
(b) A intends to say or do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will—
(i) encourage,
(ii) persuade, or
(iii) intimidate
B with the effect that B commits a criminal offence from which A will,
or intends to, profit.
(c) B is under 16, and
(d) A does not reasonably believe that B is 16 or over.
(2) For subsection (1)(b)(iii) to apply, A does not have to profit directly nor be the sole beneficiary of a criminal offence committed by B.
(3) In subsection (1) the reference to A having met or communicated with B is a reference to A having met B in any part of the world or having communicated with B by any means from, to or in any part of the world.
(4) 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 a term not exceeding 10 years.”
New clause 14—Grooming for criminal behaviour: prevention orders—
“(1) A court may make an order under this section in respect of a person aged 18 or over (A) where—
(a) A has committed an offence under section (Grooming for criminal behaviour); or
(b) the court is satisfied that A’s behaviour makes it necessary to make such an order, for the purpose of protecting one or more persons aged 16 or under from being encouraged, persuaded or intimidated by A into committing a crime from which A intends to profit.
(2) A chief officer of police may by complaint to a magistrates’ court 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 if it appears to the chief officer that—
(a) the person has committed an offence under section (Grooming for criminal behaviour); or
(b) the person’s behaviour makes it reasonable to make such an order, for the purpose of protecting one or more other persons aged 16 or under from being encouraged, persuaded, facilitated or intimidated into committing a crime from which others will, or intend to, profit.
(c) the person has acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.
(3) An application under subsection (2) may be made to any magistrates’ court whose commission area includes—
(a) any part of the applicant’s police area, or
(b) any place where it is alleged that the person acted in a way mentioned in subsection (2)(b).
(4) A grooming for criminal behaviour prevention order (GCBPO) that includes one or more requirements must specify the person who is to be responsible for supervising compliance with the requirement who may be an individual or an organisation.
(5) Before including a requirement, the court must receive evidence about its suitability and enforceability from—
(a) the individual to be specified under subsection (1), if an individual is to be specified;
(b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.
(6) Before including two or more requirements, the court must consider their compatibility with each other.
(7) It is the duty of a person specified under subsection (4)—
(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);
(b) to promote the compliance of the GCBPO subject with the relevant requirements;
(c) if the person considers that the GCBPO subject—
(i) has complied with all the relevant requirements, or
(ii) has failed to comply with a relevant requirement,
to inform the prosecution and the appropriate chief officer of police.
(8) In subsection (7)(c) “the appropriate chief officer of police” means—
(a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that—
(i) the GCBRO subject lives, or
(ii) one or more persons aged 16 or under as mentioned in subsection (1)(b) lives;
(b) if it appears to a person specified under subsection (4) that the GCBPO subject lives in more than one police area, whichever of the relevant chief officers of police that person thinks it most appropriate to inform.
(9) The subject of a GCBPO, in addition to any specific restrictions and requirements detailed within the order, must—
(a) keep in touch with the person specified under subsection (4) in relation to that requirement, in accordance with any instructions given by that person from time to time; and
(b) notify the person of any change of address.
These obligations have effect as requirements of the order.”
New clause 15—Sentencing guidelines review: children—
“(1) With an year of the day on which this Act is passed the Sentencing Council must conduct a review of it sentencing guidelines as they relate to crime against children and crimes where the victim is a child.
(2) The Sentencing Council must publish the findings of its review and lay a copy of that report before Parliament.
(3) In conducting this review the Sentencing Council must consult—
(a) the Secretary of State for Justice,
(b) and any other bodies it thinks relevant.
(4) For the purpose of this section “child” has the same meaning as in section 105 of the Children Act 1989.”
This new clause would require the Sentencing Council to review the sentencing guideline for offences committed against children.
New clause 16—Soliciting via telecommunications order: applications, grounds and effect—
“(1) A chief officer of police may by complaint to a magistrates’ court apply for an order under this section (a “soliciting via telecommunication order“) in respect of a telecommunications service provider if it appears to the chief officer that a phone number (“the relevant phone number”) administered by a telecommunications service provider is being used for the purposes of advertising a person’s services as a prostitute.
(2) The chief office of police may make an application under subsection (1) only if the relevant phone number has been advertised in the chief officer‘s police area.
(3) Such an order requires the telecommunications service provider to take all reasonable steps to prevent calls to the relevant phone number being connected.
(4) It shall be an offence for a telecommunication service provider to fail to comply with terms of an order issued under this section.
(5) An organisation found guilty of an offence under subsection (5) shall be liable on summary conviction to a fine no greater than £50,000.”
This new clause would enable the police to request that a magistrate issues an order to mobile phone providers that they block a number if that number is on cards advertising prostitution and create an offence if they fail to comply with a fine of up to £50,000.
New clause 18—Cruelty to persons under sixteen: penalty—
“(1) The Children and Young Persons Act 1933 is amended as follows.
(2) In section 1(1)(a) leave out the words “ten” and insert “fourteen.””
To increase the maximum tariff for child cruelty from 10 years imprisonment to 14 years.
New clause 33—Police observance of the Victims’ Code: enforcement—
“(1) The Parliamentary Commissioner Act 1967 is amended as follows.
(2) In section 5(1B) omit paragraph (a) together with the final “or”.
(3) After section 5(1B) insert—
“(1BA) Subsection (1C) of this section applies if a written complaint is made to the Commissioner by a member of the public who claims that—
(a) a police officer
(b) a police service employee other than a police officer
(c) another person determined under section (1BC)
has failed to perform a Code duty owed by him to the member of the public.
(1BB) For the purposes of subsection (1BA) a Code duty is a duty imposed by a code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims).
(1BC) The Secretary of State may by regulation amend the categories of person identified in subsection (1BA) as the Secretary of State thinks fit.”
(4) In section 5(4A), after “(1A)”, insert “or (1BA)”.
(5) In section 6(3), at the beginning insert “Except as provided in subsection (3A)”.
(6) After section 6(3), insert—
“(3A) Subsection (3) shall apply in relation to a complaint under section 5(1BA) as if for “a member of the House of Commons” there were substituted “the Commissioner”.”
(7) In section 7(1A), after “5(1A)”, insert “or 5(1BA)”.
(8) In section 8(1A), after “5(1A)”, insert “or 5(1BA)”.
(9) After section 10(2A), insert—
“(2B) In any case where the Commissioner conducts an investigation pursuant to a complaint under section 5(1BA) of this Act, he shall send a report of the results of the investigation to—
(a) the person to whom the complaint relates,
(b) the principal officer of the department or authority concerned and to any other person who is alleged in the relevant complaint to have taken or authorised the action complained of, and
(c) the Commissioner for Victims and Witnesses appointed under section 48 of the Domestic Violence, Crime and Victims Act 2004.”
(10) After section 10(3B) insert—
“(3C) If, after conducting an investigation pursuant to a complaint under section 5(1BA) of this Act, it appears to the Commissioner that—
(a) the person to whom the complaint relates has failed to perform a Code duty owed by him to the person aggrieved, and
(b) the failure has not been, or will not be, remedied, the Commissioner shall lay before each House of Parliament a special report upon the case.
(3D) If the Commissioner lays a special report before each House of Parliament pursuant to subsection (3C) the Commissioner may also send a copy of the report to any person as the Commissioner thinks appropriate.
(3E) For the purposes of subsection (3C) “Code duty” has the meaning given by section 5(1BB) of this Act.”
(11) In section 10(5)(d), for “or (2A)” substitute “, (2A) or (2B)”.
(12) In section 12(1), after paragraph (b) of the definition of “person aggrieved”, insert—
“(c) in relation to a complaint under section 5(1BA) of this Act, means the person to whom the duty referred to in section 5 (1BA) of this Act is or is alleged to be owed;”.”
New clause 34—Police, etc. provision for victims’ entitlement: framework—
“(1) The Victims’ Code (a code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims)) shall include, but not be limited to, the entitlement of victims to receive as follows.
(2) A victim of crime shall be entitled to receive—
(a) accurate and timely information from—
(i) the police
(ii) such other agencies of the criminal justice system concerned with the detection and prosecution of the relevant crime and with the support of victims of crime as the Secretary of State deems fit;
(b) The police must ensure provision to victims of adequate notice of all relevant court and other legal proceedings, including information about decisions by and discussions between the police and other agencies of the criminal justice system relating to the person convicted of the crime concerned (“the perpetrator”), including—
(i) information about any prison sentence previously served by the perpetrator,
(ii) information about relevant changes to the perpetrator’s circumstances whilst on parole or in custody,
(iii) information about any crimes committed by the perpetrator outside the UK where the victim of the crime concerned is a British national,
(iv) access, where required, to adequate interpretation and translation services, and
(v) information about the direct contact details of the criminal justice agencies and individuals involved in the court or other legal proceedings concerned.
(3) During criminal justice proceedings, the police and other relevant agencies and authorities of the criminal justice system must ensure that victims of crime—
(a) are not subjected to unnecessary delay by any other party to the proceedings;
(b) are treated with dignity and respect by all parties involved; and
(c) do not experience discriminatory behaviour from any other party to the proceedings.
(4) Children and vulnerable adults must be able to give evidence to a court secure location away from that court or from behind a protective screen.
(5) The investigating police force concerned must ensure the safety and protection of victims of crime during proceedings, including but not restricted to—
(a) a presumption that victims of crime may remain domiciled at their home with adequate police protection if required; and
(b) ensuring that the victim and those accompanying them are provided with access to discreet waiting areas during the relevant court proceedings.
(6) All victims of crime shall have access to an appropriate person to liaise with relevant agencies on their behalf and to inform them about, and explain the progress, outcomes and impact of, their case.
(7) Witnesses under the age of 18 shall have access to a trained communications expert, to be known as a Registered Intermediary, to help them understand as necessary what is happening in the criminal proceedings.
(8) Victims of crime shall have access to transcripts of any relevant legal proceedings at no cost to themselves.
(9) Victims of crime shall have the right to attend and make representations to a pre-court hearing to determine the nature of the court proceedings.
(10) The Secretary of State must take steps to ensure that victims of crime—
(a) have access to financial compensation from public funds for any detriment arising from the criminal case concerned;
(b) are given the right to approve or refuse the payment of any compensation order made by a court against a person convicted of a crime against them;
(c) have reimbursed to them, from public funds, any expenses incurred by them in attending in court and in any related legal process, whether in the UK or overseas;
(d) have available to them legal advice where considered necessary by a judge in court proceedings; and
(e) are not required to disclose personal data in legal proceedings which puts their safety at risk unless specifically ordered to do so by a judge.”
New clause 35—Police etc. training: treatment of victims—
“(1) The Secretary of State shall publish and implement a strategy for providing training on the impact of crime on victims and victims’ rights for staff of the following organisations—
(a) the police
(b) the Crown Prosecution Service, and
(c) any other public agency or authority that the Secretary of State deems appropriate.
(2) The Secretary of State may also by regulation make provision for judges, barristers and solicitors involved in criminal cases involving sexual and domestic violence undertake specialist training.
(3) The Secretary of State shall publish an agreed timetable for the delivery and completion of the training required by this section.”
New clause 36—Establishment and conduct of homicide reviews—
“(1) In this section “homicide review” means a review of the circumstances a person aged 16 or over has, or appears to have, died as the result of a homicide and—
(a) no one has been charged with the homicide, or
(b) the person(s) charged has been acquitted.
(2) The Secretary of State may in a particular case direct a police force or other specified person or body or a person or body within subsection (5) to establish, or to participate in, a homicide review.
(3) It is the duty of any person or body within subsection (5) establishing or participating in a homicide review (whether or not held pursuant to a direction under subsection (2)) to have regard to any guidance and standards issued by the Commissioner for Victims and Witnesses as to the establishment and conduct of such reviews.
(4) Any reference in subsection (2) to the Secretary of State shall, in relation to persons and bodies within subsection (5)(b), be construed as a reference to the PSNI or Department of Justice in Northern Ireland as may be appropriate.
(5) The persons and bodies within this subsection are—
(a) in relation to England and Wales—chief officers of police for police areas in England and Wales; local authorities; local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000 (c 43); the National Health Service Commissioning Board; clinical commissioning groups established under section 14D of the National Health Service Act 2006; providers of probation services; Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006; NHS trusts established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006;
(b) in relation to Northern Ireland—the Chief Constable of the Police Service of Northern Ireland; the Probation Board for Northern Ireland; Health and Social Services Boards established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (SI 1972/1265 (NI 14)); Health and Social Services trusts established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (SI 1991/194 (NI 1)).
(6) In subsection (5)(a) “local authority” means—
(a) in relation to England, the council of a district, county or London borough, the Common Council of the City of London and the Council of the Isles of Scilly;
(b) in relation to Wales, the council of a county or county borough.”
New clause 37—Statutory duty on elected local policing bodies—
“(1) An elected local policing body must assess—
(a) the needs of victims in each elected local policing body’s police area, and
(b) the adequacy and effectiveness of the available victims’ services in that area.
(2) An elected local policing body must—
(a) prepare and consult upon an Area Victims’ Plan for its police area,
(b) having taken account of any responses to its consultation and any Quality Standard, publish the Plan in such a manner as sets out clearly how the identified victim needs will be met by the available victims’ services, and
(c) submit its Area Victims’ Plan to the Commissioner for Victims and Witnesses on an annual basis.
(3) In this section—
“elected local policing body” and “police area” have the same meaning as in Part 1 of the Police Reform and Social Responsibility Act 2011, and “Quality Standard” means the standard published under section 49(1)(f) of the Domestic Violence, Crime and Victims Act 2004.”
New clause 38—Duties of the Commissioner for Victims and Witnesses—
“(1) Section 49 of the Domestic Violence, Crime and Victims Act 2004 (general functions of Commissioner) is amended as follows.
(2) In subsection (1), after paragraph (c) insert—
“(d) assess the adequacy of each elected local policing body’s Area Victims’ Plans submitted to the Commissioner under section (Statutory duty on elected local policing bodies) of the Policing and Crime Act 2016,
(e) make to elected local policing bodies such recommendations about submitted Area Victims’ Plans as the Commissioner considers necessary and appropriate;
(f) prepare a statement of standards (the “Quality Standard”) in relation to the provision of victims’ services;
(g) publish the Quality Standard in such manner as the Commissioner considers appropriate;
(h) review the Quality Standard at intervals of not more than five years;
(i) in preparing or reviewing a Quality Standard, consult the public, and for that purpose may publish drafts of the standard;
(j) assess the steps taken to support victims and witnesses in giving evidence;
(k) make such recommendations in relation to that assessment as the Commissioner considers necessary and appropriate;
(l) issue guidance and standards for the establishment and conduct of homicide reviews under section (Establishment and conduct of homicide reviews) of the Policing and Crime Act 2016.””
New clause 39—National anti-doping provisions—
“(1) Subsections (2) and (3) apply to—
(a) all athletes participating in sport in the UK who are members of a governing body of sport or an affiliate organisation or licensee of a governing body of sport (including any clubs, teams, associations or leagues);
(b) all athletes participating in such capacity in sporting events, competitions or other activities in the UK organised, convened, authorised or recognised by a governing body of sport or any of its member or affiliate organisations or licensees (including any clubs, teams, associations or leagues), wherever held;
(c) any other athlete participating in sport in the UK who, by virtue of a contractual arrangement or otherwise, is subject to the jurisdiction of a governing body of sport for purposes of anti-doping; and
(d) any person belonging to the entourage of an athlete, whether or not such person is a citizen of, or resident in, the United Kingdom.
(2) An athlete is guilty of an offence if he or she knowingly takes a prohibited substance with the intention, or one of the intentions, of enhancing his or her performance.
(3) A person belonging to the entourage of an athlete is guilty of an offence if he or she encourages or assists or hides awareness of the relevant athlete taking a prohibited substance with the intention, or one of the intentions, of enhancing such athlete’s performance.
(4) A medical professional commits an offence if they proscribe a prohibited substance to an athlete and believe, or ought reasonably to believe, that the substance will be used by the athlete to enhance their performance.
(5) For the purposes of this section a “prohibited substance” is as defined by the World Anti-Doping Agency.
(6) Any person guilty of an offence under subsection (2), (3) or (4) shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding six months, or to both; or
(b) On conviction on indictment, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding two years, or to both.
(7) UK Anti-Doping shall discuss the following issues with the World Anti-Doping Agency annually—
(a) the effectiveness of section 11 of the International Standard for Testing (athlete whereabouts requirements) and its harmonisation with EU privacy and working time rules and the European Convention on Human Rights;
(b) the effectiveness of the international work of the World Anti-Doping Agency; and
(c) progress on the development of a universal rollout of athlete biological passports.
(8) UK Anti-Doping shall submit the results of the annual discussions referred to in subsection (7) to the Secretary of State, who shall in turn—
(a) lay before both Houses of Parliament an annual report documenting—
(i) whether the athlete whereabouts requirements are effective in combating the abuse of drug-taking and in compliance with EU privacy and working time rules and the European Convention on Human Rights, and
(ii) the performance of the World Anti-Doping Agency in general; and
(b) determine whether the Government should remain a member and continue to support the World Anti-Doping Agency.”
New clause 41—Local Safeguarding Children Board: prevention of child sexual exploitation—
“(1) The Children Act 2004 is amended as follows.
(2) In section 14 after “children”, insert “and preventing child sexual exploitation, child abuse and child neglect.””
New clause 44—Modern technology: specialist digital unit (child abuse)—
“(1) The chief officer of each police force in Wales and England must ensure that within their force there is a unit that specialises in analysing and investigating allegations of online offences against children and young people.
(2) The chief officer must ensure that such a unit has access to sufficient digital forensic science resource to enable it to perform this function effectively and efficiently.”
New clause 46—Anonymity for victims who have private sexual photographs and films disclosed without their consent with intent to cause distress—
“(1) Section 2 of the Sexual Offences (Amendment) Act 1992 is amended as follows.
(2) In subsection (1), after paragraph (b) insert—
(c) an offence under section 33 of the Criminal Courts and Justice Act 2015.”
New clause 47—Compensation for victims who have private sexual photographs and films disclosed without their consent with intent to cause distress—
“(1) Section 33 of the Criminal Justice and Courts Act 2015 is amended as follows.
(2) After subsection (9), insert—
“(9A) The court may order a person guilty of an offence under this section to pay compensation to the victim of the offence, under sections 130 to 132 of the Powers of Criminal Courts (Sentencing) Act 2000.
(9B) Compensation under subsection (9A) may be awarded for (among other things) any anxiety caused by the offence and any financial loss resulting from the offence.”
New clause 60—Duty to report on Child Abduction Warning Notices—
“(1) Each police force in England and Wales must report to the Secretary of State each year on—
(a) the number of Child Abduction Warning Notices issued;
(b) the number of Child Abduction Warning Notices breached; and
(c) the number of Sexual Risk Orders and Sexual Harm Prevention Orders issued following the breach of a Child Abduction Warning Notice.
(2) The Secretary of State must prepare and publish a report each year on—
(a) the number of Child Abduction Warning Notices issued in each police force in England and Wales;
(b) the number of Child Abduction Warning Notices breached in each police force in England and Wales; and
(c) the number of Sexual Risk Orders and Sexual Harm Prevention Orders issued following the breach of a Child Abduction Warning Notice in each police force in England and Wales
and must lay a copy of the report before Parliament.”
New clause 61—Disclosure of private sexual photographs and films without consent and with the intent to cause distress, fear or alarm, or recklessness as to distress, fear or alarm being caused—
“(1) Section 33 of the Criminal Justice and Courts Act 2015 is amended as follows.
(2) In subsection (1) after “disclose” insert “or threaten to disclose”.
(3) In subsection (1)(b) after “distress” insert “fear or alarm or recklessness as to distress, fear or alarm being caused”.
(4) After subsection (1) insert—
“(1A) It is also an offence to knowingly promote, solicit or profit from private photographs and films that are reasonably believed to have been disclosed without consent and with the intent to cause distress, fear or alarm, or recklessness as to distress, fear or alarm being caused”.
(5) Leave out subsection (8).”
This new clause clarifies and expands the definition of the offence of disclosing private sexual photographs and films without consent and with the intent to cause distress, also known as revenge pornography, so that it includes reckless intent. This new clause also makes it an offence to knowingly promote, solicit or profit from private photographs and films that are reasonably believed to have been disclosed without consent.
New clause 62—Meaning of “private” and “sexual”—
“(1) Section 35 of the Criminal Justice and Courts Act 2015 is amended as follows.
(2) In subsection (3)(a) after “exposed genitals” insert “breasts, buttocks,”.
(3) Leave out subsection 4.
(4) Leave out subsection 5.”
This new clause expands the definition of “sexual” and ensures the disclosure of pornographic photoshopped images, posted with the intent to cause distress, fear or alarm or recklessness as to distress, fear or alarm being caused, are covered by the law.
New clause 67—Misconduct in public office—
“(1) A person commits an offence if—
(a) the person is a public officer,
(b) the person wilfully neglects to perform their duty or wilfully misconducts themselves in the performance of their public duty to such a degree as to amount to an abuse of the public‘s trust in the office holder, and
(c) the person acts without reasonable excuse or justification.
(2) A person guilty of an offence under subsection (1) is liable—
(a) in England and Wales, to imprisonment for a term not exceeding 12 months or, in relation to offences committed, to a fine, or to both;
(b) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;
(c) on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine, or to both.
(3) For the purposes of this section, a public officer is an officer who discharges any duty in the discharge of which the public are interested and includes, but is not limited to—
(a) executive or ministerial officers,
(b) police officer, including a police officer in a period of suspension and a former police officer doing part-time police work,
(c) constable,
(d) special constable,
(e) community support officer,
(f) employee of a police force with responsibility for the computer system of that police force,
(g) prison officer,
(h) Independent Monitoring Board member,
(i) nurse working within a prison,
(j) coroner,
(k) army officer,
(l) accountant in the office of the Paymaster General,
(m) Justice of the Peace
(n) magistrate,
(o) district judge,
(p) clergy of the Church of England,
(q) mayor,
(r) local councillor,
(s) employee of a local authority, and
(t) civil servant or other employee of a public body.”
This new clause seeks to codify the common law offence of misconduct in public office and prescribes a list of ‘public officers’ to which this offence shall apply
Government amendments 107, 108, 111 to 116 and 119 to 122.
Liz Saville Roberts
I intend to speak to new clauses 2, 3, 4, 5, and 44, and I intend to press new clause 2 to a Division. The other new clauses are intended to test discussions that took place in Committee.
I note what the Minister said earlier in support of localism, but would cautiously remind him if he were still in the Chamber that although Wales is one of the four nations of the United Kingdom, it is the only one that has no responsibility for its police forces. The Governments of both Scotland and Northern Ireland are able to acknowledge the specific needs of their communities and direct their police forces to work effectively in response to those needs, but Wales must follow the policing priorities of England.
The four police forces of Wales are unique in the United Kingdom in that they are non-devolved bodies operating within a largely devolved public services landscape. They are thus required to respond to the agendas of two Governments, and to serve a nation whose people have the right to use either the English or the Welsh language. It should be noted that the Assembly’s budget already funds 500 extra police community support officers.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
My hon. Friend is making very strong points. Only recently, the UK Government introduced centralised helicopter services for the police in England and Wales. That did not affect Scotland and Northern Ireland, because their police forces were decentralised. They kept their helicopters, but we lost ours in Dyfed-Powys. Ministers should not smirk; this affects lives in my constituency. The police force in Dyfed-Powys called out the helicopter on more than 40 occasions, and it was sent out on only a handful of them.
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. This is not like you, Mr Edwards. If you want to speak, you are allowed to speak, but you cannot make a speech and get carried away and start pointing at the Minister. Let us try to keep it calm. If you want to raise any points, there will certainly be time for you to do so. We will not miss you out.
Liz Saville Roberts
But the question of resources and how those priorities direct them does indeed highlight again the fact that Wales has different needs, and those resources from central Government do get directed to those priorities which best serve England.
When devolution of policing to Wales was discussed in Committee, the Minister present referred to the Silk commission on devolution in Wales, which was established by his party in 2011 with cross-party membership. Part 2 was published in 2014 and recommended devolution. He made much at the time of the fact that there was no consensus on this recommendation as a result of the St David’s day process and “Powers for a purpose”.
Those involved in that process have told me it was little more than a tick-box exercise: if all party representatives liked it, the power was in the bag; if not, chuck it out, regardless of the implications for the governance and needs and, indeed, people of Wales. I note that in Committee Labour indicated a grudging support for devolving policing, albeit in the distant future: 10 years away. It seems pressure from Plaid is driving the accelerator. This is not a matter of jam tomorrow; we are living in hope of this today.
This opportunity is before the House here and now. The contents of future legislation and future amendments lack this certainty. If this House votes for devolution today, policing will be devolved to Wales, and the Government will then have to amend the Wales Bill accordingly at the very start of its journey. Indeed, surely, the Wales Bill deals first and foremost with constitutional matters, but here is our opportunity to make sure. I urge Labour to grasp the opportunity and support the National Assembly for Wales and all four police and crime commissioners in Wales and vote for the devolution of policing today.
New clauses 3, 4 and 5 relate to aspects of digital crime. I would note that these and new clause 44 are probing amendments. The Government state that resources are already provided to counter digital crime in the form of the National Cyber Crime Unit. I would respond that the National Cyber Crime Unit is relatively small, and that the national cyber security programme concentrates primarily on the security of businesses and infrastructure. Action Fraud addresses crime in relation to online fraud. The priorities are business, financial and serious crime, and do not cover the safeguarding of victims of abuse crimes such as domestic violence, stalking, harassment or hate crime.
The first of the new clauses proposes a review of legislation relating to digital crime and to consolidate the numerous Acts into a single statute. There are now over 30 statutes that cover online crime. Criminal justice professionals, including the police and CPS, believe this to be confusing at best and overwhelming at worst. Victims’ complaints are sometimes subject to delay, and there are times when officers are uncertain whether specific activities are criminal or not. The law has developed incrementally as technology advances, and there is an urgent need to codify and clarify the current situation. Consolidation will save police time and money. It will avoid duplication of officers on cases. Swifter action on victims’ complaints will reduce distress and anxiety.
As regards new clause 4, surveillance and monitoring highlights further issues against which there is currently no redress. The identification of these actions as offences will enable the police to counter activities that are evidently related to surveillance with intention to cause distress, and the law should respond appropriately.
New clause 5 addresses the need for training that is fit for purpose. Even in large police areas, fewer than 5% of officers and staff, including call and first response personnel, are trained in cyber-crime. Victims report being advised to go offline and not to use social media by officers. This defies modern communication media. It is equivalent to telling victims of harassment not to venture outside their own homes. The Home Office believes that training is a matter for individual forces, but in the absence of strong central leadership, this can only perpetuate present inconsistencies and variations from force to force. National training would help to raise the status of victims.
Finally, I turn to new clause 44, which calls for the establishment of a specialist digital unit to investigate online offences against children and young people. As I mentioned earlier, there is a real risk intrinsic in dependency on central units, although I acknowledge the work done by the Child Exploitation and Online Protection Centre. But, once again, children’s charities report to us that the scale of abuse of children online in terms of offenders, devices and images is leaving police swamped. There are delays in forensic analysis of devices—delays in some cases of up to 12 months. These delays pose risks to the safeguarding of children.
In Committee, the Minister mentioned the child abuse image database, and praised the accuracy of imagery interpretation and how it aids identification. It is of course to be commended that this database will take some of the load from individual forces. I would argue, none the less, that there is precedent for digital units on a similar model to domestic violence units as a means to ensure that all forces direct proper resources to this serious issue.