Police, Crime, Sentencing and Court Bill

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

(Deputy) Speaker: With this it will be convenient to consider the following:

New clause 2—Kerb-crawling—

‘(1) It is an offence for a person, from a motor vehicle while it is in a street or public place, or in a street or public place while in the immediate vicinity of a motor vehicle that they have just got out of, to engage in conduct which amounts to harassment in such manner or in such circumstances as to be likely to cause annoyance, alarm, distress, or nuisance to any other person.

(2) A person guilty of an offence under this section is liable on summary conviction to revocation of their driving licence, or a fine not exceeding level 3 on the standard scale, or both.

(3) In this section “motor vehicle ” has the same meaning as in the Road Traffic Act 1972.

(4) In this section “street” has the meaning given by section 1(4) of the Street Offences Act 1959.’

New clause 23—Child criminal exploitation

‘At end of section 3 of the Modern Slavery Act 2015 (meaning of exploitation), insert—

“Child criminal exploitation

(7) Another person manipulates, deceives, coerces or controls the person to undertake activity which constitutes a criminal offence and the person is under the age of 18.’

This new clause introduces a statutory definition of child criminal exploitation.

New clause 24—Registered sex offenders: change of name or identity—

‘(1) The Secretary of State must commission a review of how registered sex offenders are able to change their name or other aspects of their identity without the knowledge of the police with the intention of subverting the purpose of their registration.

(2) The review must consult persons with expertise in this issue, including—

(a) representatives of police officers responsible for sex offender management,

(b) Her Majesty’s Passport Office, and

(c) the Driver and Vehicle Licensing Agency.

(3) The scope of the review must include consideration of resources necessary for the long-term management of the issue of registered sex offenders changing their names or other aspects of their identity.

(4) The review must make recommendations for the long-term management of the issue of registered sex offenders changing their names or other aspects of their identity.

(5) The Secretary of State must report the findings of this review to Parliament within 12 months of the day on which this Act is passed.’

This new clause would ensure that the Secretary of State must publish a review into how registered sex offenders are changing their names or other aspects of their identity and propose solutions for how the Government aims to tackle this issue.

New clause 26—Reporting of sexual offences: public awareness—

‘Within six months of the passage of this Act, the Secretary of State must draw up and implement a campaign to improve public awareness of the desirability of reporting sexual offences, with particular reference to offences which may not be reported because they are not considered sufficiently serious.’

New clause 27—Code of practice on dealing with sexual offending—

‘(1) Within six months of the passage of this Act, the Secretary of State must issue a code of practice on dealing with sexual offending.

(2) The code must be issued to—

(a) all police forces in England and Wales,

(b) all local authorities in England and Wales,

(c) the National Probation Service,

(d) the Victims Commissioner and the Domestic Abuse Commissioner, and

(e) anyone else the Secretary of State considers appropriate.

(3) The code must contain provision designed to—

(a) improve public awareness of the desirability of reporting sexual offences, with particular reference to non-contact sexual offences, and

(b) achieve any other purpose the Secretary of State considers appropriate to deal with sexual offending.

(4) Before issuing a code under this section the Secretary of State must—

(a) publish proposals,

(b) consult such persons as the Secretary of State thinks appropriate, and

(c) lay a copy of the code before Parliament.’

New clause 28—Domestic homicide reviews—

(1) Section 9 of the Domestic Violence, Crime and Victims Act 2004 is amended as follows.

(2) For subsection (2) substitute—

“(2) The Secretary of State must in all cases which meet the circumstances set out in subsection (1) direct a specified person or body within subsection (4) to establish, or to participate in, a domestic homicide review.”

(3) After subsection (3) insert—

“(3ZA) The Secretary of State must by regulations set out—

(a) the type of data relating to domestic homicide reviews which must be recorded, including—

(i) the number of domestic homicide reviews taking place across England and Wales annually; and

(ii) the time taken to complete each individual domestic homicide review;

(b) that the data must be recorded centrally in a Home Office database; and

(c) that the data must be published annually.”’

This new clause seeks to modify the Domestic Violence, Crime and Victims Act 2004 to force the Secretary of State to automatically direct a domestic homicide review in circumstances as outlined in Section 9 of the Act. The new clause also aims to improve data collection methodologies around domestic homicide reviews.

New clause 29—The right to protest—

‘(1) The Public Order Act 1986 Part II (Processions and Assemblies) is amended as follows.

(2) Before section 11 insert—

“10A The right to protest

(1) Everyone has the right to engage in peaceful protest, both alone and with others.

(2) Public authorities have a duty to—

(a) respect the right to protest;

(b) protect the right to protest; and

(c) facilitate the right to protest.

(3) A public authority may only interfere with the right to protest, including by placing restrictions upon its exercise, when it is necessary and proportionate to do so to protect national security or public safety, prevent disorder or crime, protect public health or the rights and freedoms of others.

(4) For the purposes of this section “public authority” has the same meaning as in section 6 of the Human Rights Act 1998.”’

This new clause would introduce an express statutory right to protest, imposing both negative and positive obligations on public authorities whilst recognising that the right to protest may need to be limited to protect other legitimate public interests.

New clause 31—Offence of assaulting etc. retail worker—

‘(1) It is an offence for a person to assault, threaten or abuse another person—

(a) who is a retail worker, and

(b) who is engaged, at the time, in retail work.

(2) No offence is committed under subsection (1) unless the person who assaults, threatens or abuses knows or ought to know that the other person—

(a) who is a retail worker, and

(b) is engaged, at the time, in retail work.

(3) A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 12 months, a fine, or both.

(4) Evidence from a single source is sufficient to establish, for the purposes of this section—

(a) whether a person is a retail worker, and

(b) whether the person is engaged, at the time, in retail work.

(5) The offence under subsection (1) of threatening or abusing a retail worker is committed by a person only if the person—

(a) behaves in a threatening or abusive manner towards the worker, and

(b) intends by the behaviour to cause the worker or any other person fear or alarm or is reckless as to whether the behaviour would cause such fear or alarm.

(6) Subsection (5) applies to—

(a) behaviour of any kind including, in particular, things said or otherwise communicated as well as things done,

(b) behaviour consisting of—

(i) a single act, or

(ii) a course of conduct.

(7) Subsections (8) to (10) apply where, in proceedings for an offence under subsection (1), it is—

(a) specified in the complaint that the offence is aggravated by reason of the retail worker’s enforcing a statutory age restriction, and,

(b) proved that the offence is so aggravated.

(8) The offence is so aggravated if the behaviour constituting the offence occurred because of the enforcement of a statutory age restriction.

(9) Evidence from a single source is sufficient to prove that the offence is so aggravated.

(10) Where this section applies, the court must—

(a) state on conviction that the offence is so aggravated,

(b) record the conviction in a way that shows that the offence is so aggravated,

(c) take the aggravation into account in determining the appropriate sentence, and

(d) state—

(i) where the sentence imposed in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and

the reasons for that difference, or

(ii) otherwise, the reasons for there being no such difference.

(11) In this section—

“enforcement”, in relation to a statutory age restriction, includes—

(a) seeking information as to a person’s age,

(b) considering information as to a person’s age,

(c) refusing to sell or supply goods or services,

for the purposes of complying with the restriction (and “enforcing” is to be construed accordingly),

“statutory age restriction” means a provision in an enactment making it an offence to sell or supply goods or services to a person under an age specified in that or another enactment.

(12) In this section, “retail worker”—

(a) means a person—

(i) whose usual place of work is retail premises, or

(ii) whose usual place of work is not retail premises but who does retail work,

(b) includes, in relation to a business that owns or occupies any premises in which the person works, a person who—

(i) is an employee of the business,

(ii) is an owner of the business, or

(iii) works in the premises under arrangements made between the business and another person for the provision of staff,

(c) also includes a person who delivers goods from retail premises.

(13) For the purposes of subsection (12), it is irrelevant whether or not the person receives payment for the work.

(14) In proceedings for an offence under subsection (1), it is not necessary for the prosecutor to prove that the person charged with the offence knew or ought to have known any matter falling within subsection (12)(b) in relation to the person against whom the offence is alleged to have been committed.

(15) In this section, “retail premises” means premises that are used wholly or mainly for the sale or supply of goods, on a retail basis, to members of the public.

(16) In this section, “retail work” means—

(a) in the case of a person whose usual place of work is retail premises, any work in those retail premises,

(b) in the case of a person whose usual place of work is not retail premises, work in connection with—

(i) the sale or supply of goods, on a retail basis, to members of the public, or

(ii) the sale or supply of services (including facilities for gambling) in respect of which a statutory age restriction applies,

(c) subject to subsection (17), in the case of a person who delivers goods from retail premises, work in connection with the sale or supply of goods, on a retail basis, to members of the public.

(17) A person who delivers goods from retail premises is doing retail work only during the period beginning when the person arrives at a place where delivery of goods is to be effected and ending when the person leaves that place (whether or not goods have been delivered).

(18) In this section, references to working in premises includes working on any land forming part of the premises.’

New clause 32—Assault due to enforcement of statutory age restriction—

‘(1) This section applies to an offence of common assault that is committed against a worker acting in the exercise of enforcing a statutory age restriction.

(2) This section applies where it is—

(a) specified in the complaint that the offence occurred because of the worker’s enforcing a statutory age restriction, and

(b) proved that the offence so occurred because of the enforcement of a statutory age restriction.

(3) A person guilty of an offence to which this section applies is liable on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine, or to both.

(4) In consequence of subsections (1) to (3), in section 39 of the Criminal Justice Act 1988 (which provides for common assault to be summary offences punishable with imprisonment for a term not exceeding 6 months)—

(a) insert—

“(3) Subsection (1) is subject to section [Assault due to enforcement of statutory age restriction] of the Police, Crime, Sentencing and Courts Act (which makes provision for increased sentencing powers for offences of common assault committed against a worker acting in the exercise of enforcing statutory age restrictions).”

(5) In this section—

“enforcement”, in relation to a statutory age restriction, includes—

(a) seeking information as to a person’s age,

(b) considering information as to a person’s age,

(c) refusing to sell or supply goods or services,

for the purposes of complying with the restriction (and “enforcing” is to be construed accordingly),

“statutory age restriction” means a provision in an enactment making it an offence to sell or supply goods or services to a person under an age specified in that or another enactment.

(6) This section applies only in relation to offences committed on or after the day it comes into force.’

New clause 42—Offence of interference with access to or provision of abortion services—

‘(1) A person who is within a buffer zone and who interferes with any person’s decision to access, provide, or facilitate the provision of abortion services in that buffer zone is guilty of an offence

(2) A “buffer zone” means an area with a boundary which is 150 metres from any part of an abortion clinic or any access point to any building that contains an abortion clinic.

(3) For the purposes of subsection (1), “interferes with” means—

(a) seeks to influence; or

(b) persistently, continuously or repeatedly occupies; or

(c) impedes or threatens; or

(d) intimidates or harasses; or

(e) advises or persuades, attempts to advise or persuade, or otherwise expresses opinion; or

(f) informs or attempts to inform about abortion services by any means, including, without limitation, graphic, physical, verbal or written means; or

(g) sketches, photographs, records, stores, broadcasts, or transmits images, audio, likenesses or personal data of any person without express consent.

(4) A person guilty of an offence under subsection (1) is liable—

(a) in the first instance—

(i) on summary conviction, to imprisonment for a term not exceeding 6 months, or

(ii) to a fine not exceeding level 5 on the standard scale, or

(iii) to both; and

(b) on further instances—

(i) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both; or

(ii) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine, or to both.

(5) Nothing in this section applies to—

(a) anything done in the course of providing, or facilitating the provision of, abortion services in an abortion clinic,

(b) the operation of a camera if its coverage of persons accessing or attempting to access an abortion clinic is incidental and the camera or footage is not used for any of the purposes listed in subsection (3), and

(c) a police officer acting properly in the course of their duties.’

This new clause would introduce areas around abortion clinics and hospitals (buffer zones) where interference with, and intimidation or harassment of, women accessing or people providing abortion services would be an offence.

New clause 43—Implementation of the Law Commission review of hate crime—

‘(1) The Secretary of State may by regulations implement any recommendations of the Law Commission which relate to hatred based on sex and gender characteristics following the conclusion of its review of hate crime legislation.

(2) The power conferred by subsection (1) includes—

(a) power to amend primary legislation; and

(b) power to amend or revoke subordinate legislation.

(3) A document containing a draft of regulations under subsection (1) must be laid before Parliament not later than six months after the publication of the Law Commission’s recommendations, and that draft must be in a form which would implement all those recommendations which relate to hatred based on sex and gender characteristics.

(4) Draft regulations under subsection (1) must be laid before Parliament not earlier than 90 days, but not later than 180 days, after the document referred to in subsection (3) was laid before Parliament.

(5) The draft regulations laid before Parliament under subsection (4) must be in the form in which they appeared in the document laid before Parliament under subsection (3), except that they may contain any changes which have been recommended by any committee of either House of Parliament which has reported on that document.

(6) A Minister must make a motion in each House of Parliament approving the draft regulations laid before Parliament under subsection (4) within 14 days of the date on which they were laid.

(7) Subject to subsection (8), if the draft regulations are approved by both Houses of Parliament, the Secretary of State must make them in the form of the draft which has been approved.

(8) If any amendments to the draft regulations are agreed to by both Houses of Parliament, the Secretary of State must make the regulations in the form of the draft as so amended.’

This new clause would require the Secretary of State to implement any recommendations made by the Law Commission’s review of hate crime which relate to hatred based on sex and gender characteristics. Draft regulations implementing the Commission’s recommendations would be subject to the super-affirmative scrutiny process (by subsections (3) to (5)), and would be amendable (under subsection (8)).

New clause 44—Commercial sexual exploitation—

‘(1) A person (A) who gives, offers, or promises payment to any person to engage in sexual activity with a person (B) is guilty of an offence.

(2) For the purposes of subsection (1)—

(a) a “payment” includes money, a benefit, or any other consideration.

(b) an activity is sexual if a reasonable person would consider that—

(i) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or

(ii) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.

(c) no offence is committed by a person (A) unless the sexual activity with the other person (B) involves—

(i) the person (A) being in the other person (B)’s presence, and

(ii) the person (A) touching the other person (B), or

(iii) the person (B) touching themselves for the sexual gratification of the other person (A).

(d) it is immaterial whether the payment is given, offered, or promised by a person engaging in the sexual activity, or a third party.

(3) 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.’

This new clause criminalises buying sex and decriminalises anyone offering sexual services.

New clause 45—Commercial sexual exploitation by a third party—

‘(1) A person commits an offence if—

(a) the person (C) assists, facilitates, controls, or incites, by any means, another person (B) to engage in sexual activity with another person (A) in exchange for payment, anywhere in the world; and

(b) the circumstances are that—

(i) the person (C) knows or ought to know that the other person (B) is engaging in sexual activity for payment; and

(ii) the person (C) assists, facilitates, controls, or incites the other person (B) to engage in sexual activity with another person (A) with the intention of receiving payment.

(c) Subsection (1) of this section is to be construed in accordance with section [Commercial sexual exploitation].

(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 a term not exceeding 10 years.’

This new clause criminalises pimping.

New clause 46—Advertising—

‘(1) A person commits an offence if the person causes or allows to be displayed or published, including digitally, any advertisement in respect of activity prohibited by sections [Commercial sexual exploitation] and [Commercial sexual exploitation by a third party] of this Act.

(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 a term not exceeding 10 years.’

This new clause criminalises those who benefit from the advertising of sexual services. This includes ‘pimping websites’.

New clause 47—Extra-territoriality—

‘(1) A person who is a UK national commits an offence under sections [Commercial sexual exploitation] to [Advertising] of this Act regardless of where the offence takes place.

(2) A person who is not a UK national commits an offence—

(a) under sections [Commercial sexual exploitation] to [Advertising] of this Act if any part of the offence takes place in the UK, and

(b) under section [Advertising] of this Act if any person in the UK pays money to any other person as a result or through the advertisement published or displayed.’

This new clause allows criminal prosecutions for acts contravening the relevant sections whether they occur within or outside the United Kingdom.

New clause 48—Immunity of victims—

‘(1) A person (B), by reason of their involvement as a victim of an offence under sections [Commercial sexual exploitation] to [Advertising] of this Act by another person (A) does not commit an offence by doing anything which (apart from this paragraph) would amount to—

(a) aiding, abetting, counselling, or procuring the commission of an offence under sections [Commercial sexual exploitation] to [Advertising] of this Act by the other person (A);

(b) conspiring with the other person (A) to commit an offence under sections [Commercial sexual exploitation] to [Advertising] of this Act; or

(c) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting offences) in relation to the commission of an offence under sections [Commercial sexual exploitation] to [Advertising]of this Act by the other person (A); or

(d) an offence under section [Advertising] of this Act.

(2) In this section it is immaterial whether the other person has been convicted of an offence.’

This new clause ensures that those subject to commercial sexual exploitation do not find themselves criminalised by having ‘assisted’ the person buying sexual services.

New clause 49—Power of Secretary of State to disregard convictions or cautions—

‘Section 92 of the Protection from Freedoms Act 2012 is replaced as follows.

“92 Power of Secretary of State to disregard convictions or cautions

(1) A person who has been convicted of, or cautioned for, an offence under—

(a) section 12 of the Sexual Offences Act 1956 (buggery),

(b) section 13 of that Act (gross indecency between men), or

(c) section 61 of the Offences against the Person Act 1861 or section 11 of the Criminal Law Amendment Act 1885 (corresponding earlier offences), may apply to the Secretary of State for the conviction or caution to become a disregarded conviction or caution.

(2) A person who has been convicted of, or cautioned for, an offence under section 1 of the Street Offences Act 1959, may apply to the Secretary of State for the conviction or caution to become a disregarded conviction or caution.

(3) A conviction or caution becomes a disregarded conviction or caution when conditions A and B are met.

(4) For the purposes of subsection (1), condition A is that the Secretary of State decides that it appears that—

(a) the other person involved in the conduct constituting the offence consented to it and was aged 16 or over, and

(b) any such conduct now would not be an offence under section 71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory).

(5) For the purposes of subsection (2), condition A is that the Secretary of State decides that it appears that any such conduct now would not be an offence under sections [Commercial sexual exploitation] and [Commercial sexual exploitation by a third party] of the Police, Crime, Sentencing and Courts Act 2021.

(6) Condition B is that—

(a) the Secretary of State has given notice of the decision to the applicant under section 94(4)(b), and

(b) the period of 14 days beginning with the day on which the notice was given has ended.

(7) Sections 95 to 98 explain the effect of a conviction or caution becoming a disregarded conviction or caution.”’

This new clause permits those who as a result of exploitation have convictions for soliciting, to have their conviction disregarded.

New clause 50—Repeals—

‘The enactments specified in the following Table are repealed to the extent specified in column 2 of the Table.

TABLE

New clause 51—Review of crime against Gypsy, Roma and Traveller communities—

‘(1) The Secretary of State must undertake a review of the prevention, investigation and prosecution of crime against Gypsy, Roma and Traveller communities.

(2) The review must have particular regard to the prevention, investigation and prosecution of hate crime against those communities.

(3) A report of the review must be laid before Parliament within six months of the passage of this Act.’

New clause 52—Training for relevant public officials in relation to Gypsy, Roma and Traveller communities—

‘(1) The Secretary of State must, on this Act coming into force, publish and implement a strategy to provide training to—

(a) the Crown Prosecution Service,

(b) police forces,

(c) the judiciary, and

(d) such other public bodies as the Secretary of State considers appropriate on the investigation of crimes against people from Gypsy, Roma and Traveller backgrounds.

(2) The strategy must include provision to improve the accessibility to people from those backgrounds of means of reporting crime against them.’

New clause 55—Amendment of criminal law in relation to termination of pregnancy—

‘(1) Sections 58 (administering drugs or using instruments to procure abortion) and 59 (procuring drugs, &c. to cause abortion) of the Offences Against the Person Act 1861 are repealed.

(2) After section 59 of the Offences Against the Person Act 1861 insert—

“59A Non-consensual termination of pregnancy

(1) A person (A) commits an offence if—

(a) in relation to a woman (B) A commits any unlawful act involving the use or threat of force, or the administration of any substance capable of causing abortion,

(b) A believes that B is pregnant or is reckless as to whether she is pregnant, and

(c) A intends to cause B’s abortion or is reckless as to whether her abortion results.

(2) For the purposes of subsection (1)—

(a) an act done by, or with the informed consent or assistance of B, or done in good faith by a registered medical practitioner, registered nurse or registered midwife, is not to be considered unlawful,

(b) but B is not to be treated as consenting to the administration of a substance unless she is aware of its nature as a substance capable of causing abortion.

(3) A person guilty of an offence under subsection (1) is liable on conviction on indictment to imprisonment for life or for any shorter term.”

(3) No offence is committed under section 1 of the Infant Life (Preservation) Act 1929 by—

(a) a woman who terminates her own pregnancy or who assists in or consents to such termination, or

(b) a registered medical practitioner, registered nurse or registered midwife acting in good faith.’

The new clause would decriminalise abortion and create a new offence of non-consensual termination of pregnancy, which would include the example where a woman’s abusive partner intentionally or recklessly caused her abortion through abusive behaviour.

New clause 56—Review of stop and search powers—

‘(1) The Secretary of State must undertake a review of police stop and search powers.

(2) The review must consider—

(a) the effectiveness of the use of those powers in the reduction of crime, and

(b) the impact of the use of the powers on policing in Black and minority ethnic communities.

(3) A report of the review must be laid before Parliament within six months of the passage of this Act.’

New clause 57—Public inquiry into the prevention, investigation and prosecution of crimes as they affect Black, Asian and minority ethnic people—

‘Within six months of the passage of this Act, the Secretary of State must cause an inquiry to be held under the Inquiries Act 2005 into the prevention, investigation and prosecution of crime as they affect Black, Asian and minority ethnic people.’

New clause 58—Extraction of information from electronic devices—

‘(1) Subject to Conditions A to D below, insofar as applicable, an authorised person may extract information stored on an electronic device from that device if—

(a) a user of the device has voluntarily provided the device to an authorised person, and

(b) that user has agreed to the extraction of specified information from the device by an authorised person.

(2) Condition A for the exercise of the power in subsection (1) is that it may be exercised only for the purposes of—

(a) preventing, detecting, investigating or prosecuting an offence,

(b) helping to locate a missing person, or

(c) protecting a child or an at-risk adult from neglect or physical, mental or emotional harm.

(3) For the purposes of subsection (2) an adult is an at-risk adult if the authorised person reasonably believes that the adult—

(a) is experiencing, or at risk of, neglect or physical, mental or emotional harm, and

(b) is unable to protect themselves against the neglect or harm or the risk of it.

(4) Condition B for the exercise of the power in subsection (1) is that the power may only be exercised if—

(a) the authorised person reasonably believes that information stored on the electronic device is relevant to a purpose within subsection (2) for which the authorised person may exercise the power, and

(b) the authorised person is satisfied that exercise of the power is strictly necessary and proportionate to achieve that purpose.

(5) For the purposes of subsection (4)(a), information is relevant for the purposes within subsection (2)(a) in circumstances where the information is relevant to a reasonable line of enquiry.

(6) Condition C as set out in subsection (7) applies if the authorised person thinks that, in exercising the power, there is a risk of obtaining information other than information necessary for a purpose within subsection (2) for which the authorised person may exercise the power.

(7) Condition C is that the authorised person must, to be satisfied that the exercise of the power in the circumstances set out in subsection (6) is strictly necessary and proportionate, be satisfied that there are no other less intrusive means available of obtaining the information sought by the authorised person which avoid that risk

(8) Condition D is that an authorised person must have regard to the code of practice for the time being in force under section [Code of practice] in accordance with section [Effect of code of practice] below.

(9) This section does not affect any power relating to the extraction or production of information, or any power to seize any item or obtain any information, conferred by or under an enactment.

(10) In this section and section [Application of section [Extraction of information from electronic devices] to children and adults without capacity]—

“adult” means a person aged 18 or over;

“authorised person” means a person specified in subsection (1) of section [Application of section [Extraction of information from electronic devices] to children and adults without capacity] (subject to subsection (2) of that section);

“child” means a person aged under 18;

“agreement” means that the user has confirmed explicitly and unambiguously in writing that they agree—

(a) to provide their device, and

(b) to the extraction of specified data from that device.

Such an explicit written confirmation can only constitute agreement for these purposes if, in accordance with the Code of Practice issued pursuant to section [Effect of code of practice], the user—

(i) has been provided with appropriate information and guidance about why the extraction is considered strictly necessary (including, where relevant, the identification of the reasonable line of enquiring relied upon);

(ii) has been provided with appropriate information as to (a) how the data will or will not be used in accordance with the authorised person’s legal obligations and (b) any potential

consequences arising from their decision;

(iii) has confirmed their agreement in the absence of any inappropriate pressure or coercion;

“electronic device” means any device on which information is capable of being stored electronically and includes any component of such a device;

“enactment” includes—

(a) an Act of the Scottish Parliament,

(b) an Act or Measure of Senedd Cymru, and

(c) Northern Ireland legislation;

“information” includes moving or still images and sounds;

“offence” means an offence under the law of any part of the United Kingdom;

“user”, in relation to an electronic device, means a person who ordinarily uses the device.

(11) References in this section and sections [Application of section [Extraction of information from electronic devices] to children and adults without capacity] to the extraction of information include its reproduction in any form.

(12) This section is subject to sections [Application of section [Extraction of information from electronic devices] to children and adults without capacity] and [Application of section [Extraction of information from electronic devices] where user has died etc].’

New clause 59—Application of section [Extraction of information from electronic devices] to children and adults without capacity—

‘(1) A child is not to be treated for the purposes of subsection (1) of section [Extraction of information from electronic devices] as being capable of—

(a) voluntarily providing an electronic device to an authorised person for those purposes, or

(b) agreeing for those purposes to the extraction of information from the device by an authorised person.

(2) If a child is a user of an electronic device, a person who is not a user of the device but is listed in subsection (3) may—

(a) voluntarily provide the device to an authorised person for the purposes of subsection (1) of section [Extraction of information from electronic devices], and

(b) agreement for those purposes to the extraction of information from the device by an authorised person.

(3) The persons mentioned in subsection (2) are—

(a) the child’s parent or guardian or, if the child is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation,

(b) a registered social worker, or

(c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over other than an authorised person.

(4) The agreement of persons listed in subsection (3) further to subsection 2(b) should only be accepted where, if it is appropriate, the child has been consulted on whether such agreement should be provided and the authorised person is satisfied those views have been taken into account.

(5) An adult without capacity is not to be treated for the purposes of section [Extraction of information from electronic devices] as being capable of—

(a) voluntarily providing an electronic device to an authorised person for those purposes, or

(b) agreeing for those purposes to the extraction of information from the device by an authorised person.

(6) If a user of an electronic device is an adult without capacity, a person who is not a user of the device but is listed in subsection (7) may—

(a) voluntarily provide the device to an authorised person for the purposes of subsection (1) of section [Extraction of information from electronic devices], and

(b) agreement for those purposes to the extraction of information from the device by an authorised person.

(7) The persons mentioned in subsection (6) are—

(a) a parent or guardian of the adult without capacity,

(b) a registered social worker,

(c) a person who has a power of attorney in relation to the adult without capacity, or

(d) if no person falling within paragraph (a), (b) or (c) is available, any responsible person aged 18 other than an authorised person.

(8) The agreement of persons listed in subsection (7) further to subsection (6)(b) should only be accepted where, if it is appropriate, the adult without capacity has been consulted on whether such agreement should be provided and the authorised person is satisfied those views have been taken into account.

(9) Nothing in this section prevents any other user of an electronic device who is not a child or an adult without capacity from—

(a) voluntarily providing the device to an authorised person for the purposes of subsection (1) of section [Extraction of information from electronic devices], or

(b) agreeing for those purposes to the extraction of information from the device by an authorised person.

(10) In this section and section [Application of section [Extraction of information from electronic devices] where user has died etc]—

“adult without capacity” means an adult who, by reason of any impairment of their physical or mental condition, is incapable of making decisions for the purposes of subsection (1) of section [Extraction of information from electronic devices];

“local authority”—

(a) in relation to England, means a county council, a district council for an area for which there is no county council, a London borough council or the Common Council of the City of London,

(b) in relation to Wales, means a county council or a county borough council, and

(c) in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

“registered social worker” means a person registered as a social worker in a register maintained by—

(a) Social Work England,

(b) the Care Council for Wales,

(c) the Scottish Social Services Council, or

(d) the Northern Ireland Social Care Council;

“relevant authority”—

(a) in relation to England and Wales and Scotland, means a local authority;

(b) in relation to Northern Ireland, means an authority within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));

“voluntary organisation”—

(a) in relation to England and Wales and Scotland, has the same meaning as in the Children Act 1989;

(b) in relation to Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995.

(11) Subsections (10) and (11) of section [Extraction of information from electronic devices] also contain definitions for the purposes of this section.’

New clause 60—Application of section [Extraction of information from electronic devices] where user has died etc—

‘(1) If any of conditions A to C is met, an authorised person may exercise the power in subsection (1) of section [Extraction of information from electronic devices] to extract information stored on an electronic device from that device even though—

(a) the device has not been voluntarily provided to an authorised person by a user of the device, or

(b) no user of the device has agreed to the extraction of information from the device by an authorised person.

(2) Condition A is that—

(a) a person who was a user of the electronic device has died, and

(b) the person was a user of the device immediately before their death.

(3) Condition B is that—

(a) a user of the electronic device is a child or an adult without capacity, and

(b) an authorised person reasonably believes that the user’s life is at risk or there is a risk of serious harm to the user.

(4) Condition C is that—

(a) a person who was a user of the electronic device is missing,

(b) the person was a user of the device immediately before they went missing, and

(c) an authorised person reasonably believes that the person’s life is at risk or there is a risk of serious harm to the person.

(5) The exercise of the power in subsection (1) of section [Extraction of information from electronic devices] by virtue of this section is subject to subsections (2) to (8) of that section.

(6) Subsections (10) and (11) of section [Extraction of information from electronic devices] and subsection (9) of section [Application of section [Extraction of information from electronic devices] to children and adults without capacity] contain definitions for the purposes of this section.’

New clause 61—Code of practice—

‘(1) The Secretary of State must prepare a code of practice containing guidance about the exercise of the power in subsection (1) of section [Extraction of information from electronic devices].

(2) In preparing the code, the Secretary of State must consult—

(a) the Information Commissioner,

(b) the Scottish Ministers,

(c) the Welsh Government,

(d) the Department of Justice in Northern Ireland,

(e) the Victims Commissioner,

(f) the Domestic Abuse Commissioner,

(g) any regional Victims Champion including the London Victims Commissioner,

(h) persons who appear to the Secretary of State to represent the interests of victims, witnesses and other individuals likely to be affected by the use of the power granted in subsection (1) of section [Extraction of information from electronic devices], and

(i) such other persons as the Secretary of State considers appropriate.

(3) After preparing the code, the Secretary of State must lay it before Parliament and publish it.

(4) The code is to be brought into force by regulations made by statutory instrument.

(5) The code must address, amongst other matters—

(a) the procedure by which an authorised person must obtain and record confirmation that a device has been provided voluntarily;

(b) the procedure by which an authorised person must obtain and record confirmation that agreement has been provided for the extraction of specified information, including the information which must be provided to the user about—

(i) how long the device will be retained;

(ii) what specific information is to be extracted from the device and why, including the identification of the reasonable line of enquiry to be pursued and the scope of information which will be extracted, reviewed and/or retained;

(iii) how the extracted information will be kept secure;

(iv) how the extracted information will or may be used in a criminal process;

(v) how they can be kept informed about who their information is to be shared with and the use of their information in the criminal process;

(vi) their right to refuse to agree to provide their device and/ or to the proposed extraction in whole or in part and the potential consequences of that refusal; and

(vii) the circumstances in which a further extraction may be required, and what will happen to the information after the case has been considered;

(c) the different types of extraction processes available, and the parameters which should be considered in defining the scope of any proposed extraction from a user’s device;

(d) the circumstances in which the extraction of information should and should not be considered strictly necessary and proportionate;

(e) the considerations to be taken into account in determining whether there are less intrusive alternatives available to extraction for the purposes of subsection (7) of section [Extraction of information from electronic devices];

(f) the process by which the authorised person should identify and delete data which is not responsive to a reasonable line of enquiry and/or has been assessed as not relevant to the purposes for which the extraction was conducted; and

(g) the records which must be maintained documenting for each extraction or proposed extraction, including—

(i) the specific information to be extracted;

(ii) the reasonable lines of enquiry pursued;

(iii) the basis upon which the extraction is considered strictly necessary, including any alternatives considered and why they were not pursued;

(iv) confirmation that appropriate information was provided to the user and, if applicable, agreement obtained;

(v) the reasons why the user was not willing to agree to a proposed extraction.

(6) A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) After the code has come into force the Secretary of State may from time to time revise it.

(8) References in subsections (2) to (7) to the code include a revised code.’

New clause 62—Effect of code of practice—

‘(1) An authorised person must in the exercise of the power granted under section [Extraction of information from electronic devices] have regard to the code of practice issued under section [Code of practice] in deciding whether to exercise, or in the exercise of that power.

(2) A failure on the part of any person to comply with any provision of a code of practice for the time being in force under section [Code of practice] shall not of itself render him liable to any criminal or civil proceedings.

(3) A code of practice in force at any time under section [Code of practice] shall be admissible in evidence in any criminal or civil proceedings.

(4) In all criminal and civil proceedings any code in force under section [Code of practice] shall be admissible in evidence; and if any provision of the code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.’

New clause 63—Duties to collaborate and plan to prevent and reduce child criminal exploitation and safeguard affected children—

‘(1) The specified authorities for a local government area must collaborate with each other to prevent and reduce child criminal exploitation in the area and safeguard affected children.

(2) The duty imposed on the specified authorities for a local government area by subsection (1) includes a duty to plan together to exercise their functions so as to prevent and reduce child criminal exploitation in the area and safeguard affected children.

(3) In particular, the specified authorities for a local government area must—

(a) identify the kinds of child criminal exploitation that occur in the area,

(b) identify the causes of child criminal exploitation in the area, so far as it is possible to do so, and

(c) prepare and implement a strategy for exercising their functions to prevent and reduce child criminal exploitation and safeguard affected children in the area.

(4) In preparing a strategy under this section for a local government area, the specified authorities for the area must ensure that the following are consulted—

(a) each educational authority for the area;

(b) each prison authority for the area;

(c) each youth custody authority for the area.

(5) A strategy under this section for a local government area may specify an action to be carried out by—

(a) an educational authority for the area,

(b) a prison authority for the area, or

(c) a youth custody authority for the area.

(6) Once a strategy has been prepared under this section for a local government area, the specified authorities for the area must—

(a) keep the strategy under review, and

(b) every two years, prepare and implement a revised strategy.

(7) A strategy prepared under this section may be combined with a strategy prepared in accordance with section 7 (Duties to collaborate and plan to prevent and reduce serious violence) or section 8 (Powers to collaborate and plan to prevent and reduce serious violence).

(8) For the purposes of this section, “child criminal exploitation” means activity which would constitute an offence under section [Child criminal exploitation] of this Act.’

New clause 64—Scrutiny of timeliness of investigations of complaints against police and allegations of police misconduct—

‘(1) The Police (Conduct) Regulations 2020 are amended by the insertion of the following regulation after regulation 19—

“Scrutiny of investigation timeliness

19A (1) A legally qualified person within the meaning of regulation 28(4)(a) and (6) shall be appointed to scrutinise the information provided pursuant to regulation 19.

(2) On each occasion where information is provided in writing under regulation 19(1) the legally qualified person appointed under paragraph (1) shall determine whether there is good and sufficient reason for the time—

(a) already taken; and

(b) realistically anticipated to be needed for completion of the investigation.

(3) In determining whether there is good and sufficient reason under paragraph (2) the legally qualified person may have regard to any relevant matter, and shall have particular regard to—

(a) whether the investigation has been efficient and effective;

(b) whether there has been unnecessary or unreasonable delay having regard to complexity and seriousness of the case;

(c) the impact upon the officer and others;

(d) any anticipated further delay;

(e) the public interest and affect upon confidence in the police disciplinary system; and

(f) representations made on behalf of any person entitled to receive a copy of the information provided under regulation 19.

(4) Unless the legally qualified person determines that there is good and sufficient reason under paragraph (2)(a) and (b) then—

(a) all investigation into possible misconduct or gross misconduct shall be terminated forthwith; and

(b) no disciplinary proceedings may be initiated in respect of the matters under investigation.

(5) Nothing in this provision shall have any effect in relation to any criminal investigation.”

(2) The Police (Complaints and Misconduct) Regulations 2020 are amended by the insertion of the following regulation after regulation 13—

“Scrutiny of investigation timeliness

13A (1) A legally qualified person within the meaning of regulation 28(4)(a) and (6) of the Police (Conduct) Regulations 2020 shall be appointed to scrutinise the information provided pursuant to regulation 13.

(2) On each occasion where information is provided in writing under regulation 13 paragraph (1) or (2) the legally qualified person appointed under paragraph (1) shall determine whether there is good and sufficient reason for the time—

(a) already taken; and

(b) realistically anticipated to be needed for completion of the investigation.

(3) In determining whether there is good and sufficient reason under paragraph (2) the legally qualified person may have regard to any relevant matter, and shall have particular regard to—

(a) whether the investigation has been efficient and effective;

(b) whether there has been unnecessary or unreasonable delay having regard to complexity and seriousness of the case;

(c) the impact upon the officer and others;

(d) any anticipated further delay;

(e) the public interest and affect upon confidence in the police disciplinary system; and

(f) representations made on behalf of any person entitled to receive a copy of the information provided under regulation 13.

(4) Unless the legally qualified person determines that there is good and sufficient reason under paragraph (2)(a) and (b) then—

(a) all investigation into possible misconduct or gross misconduct shall be terminated forthwith; and

(b) no disciplinary proceedings may be initiated in respect of the matters under investigation.

(5) Nothing in this provision shall have any effect in relation to any criminal investigation.”’

New clause 65—Public inquiry into the policing of protests—

‘Within six months of the passage of this Act, the Secretary of State must cause an inquiry to be held under the Inquiries Act 2005 into the prevention, investigation and prosecution of crime in relation to the policing of protests, including the use of force, use of kettling and use of police horses.’

New clause 66—Air weapons—

‘(1) Within three months of the date on which this Act is passed, the Secretary of State must publish a report on the safety of air weapons.

(2) The report must include an assessment of the evidence submitted to the review of air weapons regulation announced on 10 October 2017.

(3) So far as possible without contravening any provision of legislation relating to data protection, the report must publish the evidence referred to in subsection (3).’

This new clause would require the government to publish a report on the safety of air weapons that includes the evidence gathered as part of the Air Weapons Review 2017.

New clause 67—Prohibition of air weapons on private land for those under the age of 18—

‘(1) Section 23 of the Firearms Act 1968 is amended in accordance with subsections (2) to (3).

(2) Omit subsection (1).

(3) Omit subsection (3).’

This new clause would amend the Firearms Act 1968 to prevent a person under the age of 18 from having an air gun on private land other than as part of a sporting club.

New clause 68—Sections 55 to 61: commencement—

‘(1) The Secretary of State may exercise the power in section 176(1) so as to bring sections 55 to 61 into force only if condition A and, thereafter, condition B are met.

(2) Condition A is that a general election has taken place subsequent to the passage of this Act.

(3) Condition B is that both Houses of Parliament have by resolution approved the coming into force of those sections.’

New clause 69—Time limits for prosecutions for common assault in domestic abuse cases—

‘(1) The Criminal Justice Act 1988 is amended as follows.

(2) At the end of section 39 add—

“(3) Subject to subsection (4) below, summary proceedings for an offence of common assault or battery involving domestic abuse may be brought within a period of six months from the date on which a report of the offence was made to the police.”

(4) No such proceedings shall be brought by virtue of this section more than two years after the commission of the offence.

(5) For the purposes of this section ‘domestic abuse’ has the same meaning as in section 1 of the Domestic Abuse Act 2021.”’

This new clause seeks to extend the existing six month time limit for common assault in cases of domestic abuse.

New clause 70—Police driving—

(1) When a vehicle is being used for a policing purpose, the driver may depart from the standard of the careful and competent driver (or cause another to do so), or depart from the direction of any mandatory road traffic sign, if and only if—

(a) driving the vehicle in accordance with road traffic regulations or relevant policy would be likely to hinder the use of that vehicle for the purpose for which it is being used,

(b) any such departure is reasonable in the circumstances as the responder reasonably believed them to be, and

(c) the departure was proportionate to the circumstances as the responder reasonably believed them to be.

(2) In deciding whether the departure was reasonable, the following should be taken into account, insofar as relevant—

(a) any training received by the driver;

(b) any applicable policy of the police force of which the driver is a member;

(c) that a driver reacting to circumstances as they occur may not be able to judge to a nicety the exact measure of any necessary action required;

(d) evidence of a driver having only done what the driver honestly and instinctively thought was necessary in the circumstances constitutes strong evidence that any departure from the relevant standard was reasonable.’

New clause 71—Intentional harassment, alarm or distress—

‘(1) Section 4A of the Public Order Act 1986 is amended as follows.

(2) In subsection (1)(a) leave out “, abusive or insulting” and insert “or abusive”.

(3) In subsection (1)(b) leave out “, abusive or insulting” and insert “or abusive”.’

New clause 72—Criminalising commercial squatting and squatting on land—

‘(1) Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

(2) In the heading, after “in”, leave out “a residential building” and insert “buildings and on land”.

(3) In subsection (1)(a) after “a”, leave out “residential”, and after “building”, insert “or on land”.

(4) In subsection (1)(c) after “building”, insert “or on the land”.

(5) In subsection (2) after “building”, add “or land”.

(6) Leave out subsection (3)(b) and insert “Land has the meaning defined in section 205(1)(ix) of the Law of Property Act 1925.

(7) In subsection (7) after “building”, insert “or land”.

(8) In subsection (8) (a) after “squatting in” leave out “a residential building” and insert “buildings and on land”.’

New clause 84—Non-crime hate incidents not to be recorded on the national police database etc—

‘Non-crime hate incidents are prohibited from being:

(1) recorded on the National Police Database;

(2) kept as a record by police forces against any individual’s name in any way; or

(3) included in any enhanced Disclosure and Barring Service check.’

New clause 85—Code for policing of protest—

‘(1) The Secretary of State must produce a Code for the Policing of Protest (“the Code”).

(2) The Code must set out the how relevant police powers must be used and relevant police duties discharged in accordance with both the domestic law and international law obligations imposed under the right to protest, including—

(a) the duty to facilitate peaceful protest unless not to do so is in accordance with the relevant law, and

(b) the duty to refrain from interfering with peaceful protest except where to do so is in accordance with the relevant law.

(3) In this section—

(a) the “right to protest” includes all domestic and international law rights which provide for the right to protest, and

(b) references to “domestic and international law” include but are not limited to the European Convention of Human Rights and associated jurisprudence.

(4) Any person or organisation exercising a power or duty which relates to protest or public order must act in accordance with the Code.’

New clause 90—Offence of assaulting etc. a person providing a service to the public—

‘(1) It is an offence for a person to assault, threaten or abuse another person who is providing a service to the public.

(2) No offence is committed under subsection (1) unless the person who assaults, threatens or abuses knows or ought to know that the other person is providing a service to the public.

(3) A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 12 months, a fine, or both.

(4) Evidence from a single source is sufficient to establish, for the purposes of this section, whether a person is providing a service to the public.

(5) The offence under subsection (1) of threatening or abusing a person who is providing a service to the public (A) is committed by a person (B) only if B—

(a) behaves in a threatening or abusive manner towards A, and

(b) intends by the behaviour to cause A or any other person fear or alarm or is reckless as to whether the behaviour would cause such fear or alarm.

(6) Subsection (5) applies to—

(a) behaviour of any kind including, in particular, things said or otherwise communicated as well as things done,

(b) behaviour consisting of—

(i) a single act, or

(ii) a course of conduct.

(7) The Secretary of State must by regulations define “providing a service to the public” for the purposes of this section.’

New clause 91—Review of the Misuse of Drugs Act 1971—

‘(1) The Secretary of State must conduct a review of the criminal offences in the Misuse of Drugs Act 1971.

(2) In undertaking the review, the Secretary of State must consult—

(a) the Advisory Council on the Misuse of Drugs;

(b) the Scottish Ministers;

(c) the Welsh Ministers;

(d) the Northern Ireland Department of Health, and

(e) any other person the Secretary of State considers appropriate.

(3) The Secretary of State must, before the end of the period of 9 months beginning with the day on which this Act comes into force, lay before Parliament a report on the review, including any proposals for legislative change.’

This new clause would require the Secretary of State to undertake a review of the criminal offences set out in the Misuse of Drugs Act 1971.

New clause 101—Training for relevant public officials in relation to the conduct of cases involving modern slavery and child criminal exploitation—

‘(1) The Secretary of State shall, on this Act coming into force, publish and implement a strategy to provide a framework for training on the investigation of cases involving modern slavery and child criminal exploitation complainants for—

(a) the Crown Prosecution Service;

(b) Police Forces;

(c) the Judiciary; and

(d) such other public bodies as the Secretary of State considers appropriate.

(2) The Secretary of State shall ensure that any judge who is asked to hear a trial where the accused’s charges include modern slavery offences and child criminal exploitation offences has attended and completed a training programme for such trials which has been accredited by the Judicial College and College of Policing or through a recognised training provider or non-governmental organisation.’

This new clause ensures that all criminal justice agencies shall attend a trained programme on modern slavery and child criminal exploitation from accredited Judicial College and College of Policing or a recognised training provider or non-governmental organisation.

New clause 102—Duty of local authorities to provide sites for Gypsies, Roma and Travellers—

‘(1) It is the duty of every local authority to exercise their powers under section 24 of the Caravan Sites and Control of Development Act 1960 (provision of caravan sites) so as to provide adequate accommodation for Gypsies, Roma and Travellers residing in or resorting to their area.

(2) The Minister may, if at any time it appears to them to be necessary to do so, give directions to any such local authority requiring them to provide such sites or additional sites for the accommodation of such numbers of caravans as may be specified in the directions.’

This new clause would reintroduce a statutory duty to require that local authorities provide authorised sites for the Gypsy, Roma and Traveller community.

Amendment 25, in clause 1, page 2, line 3, after “workforce,” insert

“including the impact of working with traumatised survivors on officers’ wellbeing and morale,”.

This amendment aims to ensure the police covenant report, when addressing the health and well-being of members and formers members of the police workforce, also addresses the specific impact working with traumatised survivors, such as survivors of child sexual abuse, has on officers’ wellbeing and morale.

Government amendments 32 and 33.

Amendment 64, page 2, line 42, at end insert—

“(aa) members of the British Transport Police,

(ab) members of the Civil Nuclear Constabulary,

(ac) members of the Ministry of Defence police,”.

Government amendment 34.

Amendment 47, in clause 2, page 3, line 30, at end insert—

“(3) In section 3 of the Assaults on Emergency Workers (Offences) Act 2018 (meaning of “emergency worker”), in paragraph (1)(e) omit “of a corresponding kind to those carried out by a prison officer”.”

This amendment would expand the definition of “emergency worker” to include all prison staff, not just prison officers and those carrying out functions of a corresponding kind to those of a prison officer.

Government amendments 35 to 39.

Amendment 97, page 7, line 38, leave out clause 7.

Amendment 73, in clause 7, page 7, line 40, after “violence”, insert—

“and safeguard children involved in serious violence”.

This amendment, together with amendments 74, 75, 78, 79, 80, 81, 83 and 84 would ensure specified authorities involved in the ‘serious violence duty’ safeguard children at risk of or experiencing from harm.

Amendment 74, page 8, line 3, after “violence”, insert—

“and safeguard children involved in serious violence”.

See explanatory statement to amendment 73.

Amendment 75, page 8, line 9, at end insert—

“(d) safeguard children involved in serious violence in the area, and

(e) identify and safeguard children who are involved in serious violence in the area as a result of being a victim of modern slavery and trafficking offences under the Modern Slavery Act 2015.”.

See explanatory statement to amendment 73.

Amendment 87, page 8, line 9, at end insert—

“(d) prepare and implement an early help strategy to prevent violence and support child victims of violence and prevent hidden harm.”.

This amendment would add a duty on specified authorities to prepared and implement an early help strategy.

Amendment 88, page 8, line 15, at end insert—

“(d) any children’s social care authority for the area which is not a specified authority for the area.”.

This amendment would ensure that any children’s social care authority which was not already involved in the strategy would be consulted in the preparation of the strategy.

Amendment 76, page 8, line 35, leave out “from time to time” and insert “every two years,”.

This amendment would require the specified authorities for an area to prepare and implement a revised strategy every two years.

Amendment 77, page 8, line 35, at end insert—

“(7A) The local policing body for the area must provide an annual monitoring report for local safeguarding partners on actions undertaken as part of a strategy.”.

Amendment 98, page 9, line 4, leave out clause 8.

Amendment 78, in clause 8, page 9, line 6, after “violence”, insert—

“and safeguard children involved in serious violence”.

See explanatory statement to amendment 73.

Amendment 79, page 9, line 9, after “violence”, insert—

“and safeguard children involved in serious violence”.

See explanatory statement to amendment 73.

Amendment 80, page 9, line 14, after “violence”, insert—

“and safeguard children involved in serious violence”.

See explanatory statement to amendment 73.

Amendment 81, page 9, line 14, at end insert—

“(d) identify and safeguard children who are involved in serious violence in the area as a result of being a victim of modern slavery and trafficking offences under the Modern Slavery Act 2015.”

See explanatory statement to amendment 73.

Amendment 82, page 10, line 8, leave out “from time to time” and insert “every two years,”This amendment would require collaborating specified authorities for an area to prepare and implement a revised strategy every two years.

Amendment 99, page 10, line 31, leave out clause 9.

Amendment 83, in clause 9, page 10, line 34, after “violence”, insert—

“and safeguard children involved in serious violence”.

See explanatory statement to amendment 73.

Amendment 84, page 10, line 36, after “violence”, insert—

“and safeguard children involved in serious violence”.

See explanatory statement to amendment 73.

Amendment 100, page 11, line 28, leave out clause 10.

Amendment 101, page 12, line 4, leave out clause 11.

Amendment 102, page 12, line 18, leave out clause 12.

Amendment 86, in clause 12, page 12, line 37, at end insert—

“(5) In exercising their functions under this Chapter, specified authorities must have particular regard to reducing serious violence against women and girls, including street harassment, and reducing instances of hidden harm resulting from serious violence.”

Amendment 103, page 1, line 39, leave out clause 13.

Amendment 104, page 13, line 35, leave out clause 14.

Amendment 105, page 14, line 42, leave out clause 15.

Amendment 106, page 15, line 29, leave out clause 16.

Amendment 85, in clause 16, page 16, line 16, at end insert—

“(8) A local policing body must report annually on the requests made under this section, including information on the bodies the request were made to and the use of information provided.”

This amendment would require local policing bodies to report on requests for information made to specified authorities, educational authorities, prison authorities and youth custody authorities for the purpose of assisting with its functions under section 13.

Amendment 107, page 16, line 17, leave out clause 17.

Amendment 89, in clause 17, page 17, line 28, leave out “consult” and insert “receive the consent of”.

Amendment 108, page 16, line 38, leave out clause 18.

Amendment 90, in clause 18, page 17, line 7, leave out “consult” and insert “receive the consent of”.

Amendment 109, page 17, line 12, leave out clause 19.

Amendment 91, in clause 19, page 17, line 41, leave out “consult” and insert “receive the consent of”.

Amendment 110, page 18, line 40, leave out clause 20.

Amendment 111, page 19, line 5, leave out clause 21.

Amendment 92, in clause 21, page 19, line 11, leave out “consult” and insert “receive the consent of”.

Amendment 112, page 19, line 37, leave out clause 22.

Amendment 93, in clause 31, page 26, line 20, after “Ministers” insert “and receive their consent”.

Amendment 94, in clause 35, page 28, line 22, after “Ministers” insert “and receive their consent”.

Amendment 72, in clause 36, page 29, line 12, at end insert—

“(c) the user who has given agreement under subsection (1)(b) was offered free independent legal advice on issues relating to their human rights before that agreement was given.”

This amendment would ensure that users of electronic devices were offered free independent legal advice before information on their device could be accessed.

Amendment 115, page 29, line 26, at end insert—

“(7A) No information other than—

(a) information necessary for a purpose within subsection (2) for which the authorised person may exercise the power, or

(b) information necessary for a purpose within subsection (2) of section 39 (investigations of death) for which the authorised person may exercise the power in subsection (1) of that section may be retained, stored or copied.”

Amendment 117, in clause 40, page 34, line 8, at end insert—

“(6A) Scottish Ministers may prepare a code of practice containing guidance about the exercise in Scotland of the powers in sections 36(1) and 39(1) (“a Scottish code”).

(6B) In preparing a Scottish code, Scottish Ministers must consult any person Scottish Ministers consider appropriate.

(6C) After preparing a Scottish code, Scottish Ministers must lay it before the Scottish Parliament and publish it.

(6D) A Scottish code is to be brought into force by regulations made by statutory instrument by Scottish Ministers.

(6E) A statutory instrument containing regulations under subsection (6D) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(6F) After a Scottish code has come into force Scottish Ministers may from time to time revise it.

(6G) References in subsections (6B) to (6F) to the Scottish code include a revised code, subject to subsection (6H).

(6H) The duty to consult in subsection (6B) does not apply in relation to the preparation of a revised code if Scottish Minsters consider that the proposed revisions are insubstantial.

(6I) If a Scottish code is in force—

(a) references in subsections (7) and (8) to “the code” apply in Scotland as if they referred to a Scottish code, and

(b) the code prepared and published by the Secretary of State shall not apply to the exercise of the applicable powers in Scotland.”

This amendment would allow Scottish Ministers, with approval from the Scottish Parliament, to draft a code of practice regarding the extraction of information from electronic devices that would apply in Scotland.

Amendment 116, in clause 41, page 35, line 23, at end insert—

“(7) The powers in section 36(1) and section 39(1) may not be exercised until regulations under this section are in force.”

This amendment would prevent the powers to extract data given by section 36(1) and section 39(1) from being exercised until regulations making provision about the exercise of the power in relation to confidential information (such as confidential journalistic material) are in force.

Amendment 51, in clause 45, page 37, line 12, leave out subsections (2) and (3) and insert—

“(2) In section 16—

(a) in subsection (2)(a), leave out “or (5)” and insert “, (5) or (5A)”;

(b) in subsection (4)(a), leave out “or (5)” and insert “, (5) or (5A)”.

(3) In section 17—

(a) in subsection (2)(a), leave out “or (5)” and insert “, (5) or (5A)”;

(b) in subsection (4)(a), leave out “or (5)” and insert “, (5) or (5A)”.

(4) In section 18—

(a) in subsection (2)(a), leave out “or (5)” and insert “, (5) or (5A)”;

(b) in subsection (4)(a), leave out “or (5)” and insert “, (5) or (5A)”.

(5) In section 19—

(a) in subsection (2)(a), leave out “or (5)” and insert “, (5) or (5A)”;

(b) in subsection (4)(a), leave out “or (5)” and insert “, (5) or (5A)”.

(6) In section 21, after subsection (5), insert—

“(5A) This subsection applies if A is regularly involved in caring for, training, supervising or being in sole charge of B and none of subsections (2) to (13) of this section otherwise applies.””

This amendment aims to ensure that all adults who are in a position of trust are subject to the child sexual abuse offences provided for by section 16 to 19 of the Sexual Offences Act 2003, rather than simply extending the definition to those who coach, teach, train, supervise or instruct children in a sport or a religion.

Amendment 1, page 46, line 25, leave out clause 55.

This amendment, together with amendments 2 to 7, would remove Part 3 (Public order) From the Bill.

Amendment 52, in clause 55, page 46, line 28, leave out subsections (2) to (4) and insert—

“(2) After subsection (11) insert—

‘(12) The Secretary of State may by regulations make provision about the meaning for the purposes of this section of “serious disruption to the life of the community”.

(13) Regulations under subsection (12) may, in particular—

(a) define any aspect of “serious disruption to the life of the community” for the purposes of this section;

(b) give examples of cases in which a public procession is or is not to be treated as resulting in serious disruption to the life of the community.

(14) Regulations under subsection (12)—

(a) are to be made by statutory instrument;

(b) may apply only in relation to public processions in England and Wales;

(c) may make incidental, supplementary, consequential, transitional, transitory or saving provision.

(15) A statutory instrument containing regulations under subsection (12) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.’”

This amendment would remove the proposed new trigger, based on noise, for imposing conditions on public processions in England and Wales. The Secretary of State’s power to make regulations would be amended accordingly.

Amendment 2, page 47, line 42, leave out clause 56.

This amendment, together with amendments 2 to 7, would remove Part 3 (Public order) From the Bill.

Amendment 53, in clause 56, page 48, line 2, leave out paragraph (b).

This amendment, together with Amendments 54 and 55, would remove the proposed new trigger, based on noise

Amendment 56, page 48, line 17, leave out from beginning to end of line 20 and insert—

“(a) in the case of an assembly in England and Wales, such conditions as to the place at which the assembly may be (or continue to be) held, the time at which it is to start and/or conclude, its maximum duration, or the maximum number of persons who may constitute it, as appear to the officer necessary to prevent the disorder, damage, disruption, impact or intimidation mentioned in subsection (1);”

This amendment removes the proposed ability to impose any necessary conditions on public assemblies in England and Wales and replace it with the existing available conditions plus conditions concerning the time at which the public assembly must start and finish.

Amendment 54, page 48, line 19, leave out “, impact”.

See explanatory statement to Amendment 53.

Amendment 55, page 48, line 28, leave out subsections (5) to (6) and insert—

“(5) After subsection (10A) (as inserted by section 57(11)) insert —

‘(11) The Secretary of State may by regulations make provision about the meaning for the purposes of this section of “serious disruption to the life of the community”.

(12) Regulations under subsection (11) may, in particular—

(a) define any aspect of “serious disruption to the life of the community” for the purposes of this section;

(b) give examples of cases in which a public assembly is or is not to be treated as resulting in serious disruption to the life of the community.

(13) Regulations under subsection (11)—

(a) are to be made by statutory instrument;

(b) may apply only in relation to public processions in England and Wales;

(c) may make incidental, supplementary, consequential, transitional, transitory or saving provision.

(14) A statutory instrument containing regulations under subsection (11) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.’”

See explanatory statement to Amendment 53.

Amendment 3, page 49, line 21, leave out clause 57.

This amendment, together with amendments 1, 2 and 3 to 7, would remove Part 3 (Public order) from the Bill.

Amendment 26, in clause 57, page 49, line 33, leave out from beginning to end of line 35 and insert—

“(a) in the case of a public procession in England and Wales, at the time the person fails to comply with the condition the person—

(i) knows that the condition has been imposed or has deliberately or recklessly avoided gaining knowledge that the condition has been imposed; and

(ii) knows or ought to know that their action or inaction amounts to a failure to comply with the condition.”

This amendment prevents a person who fails to comply with a condition on a public procession in England and Wales avoiding criminal liability by deliberately or recklessly avoiding knowledge of the relevant condition, without extending the criminal offence to cover persons who breach conditions accidentally.

Amendment 27, page 49, line 38, leave out subsection (6).

This amendment removes increases in sentences for non-violent offences by those who organise and attend public processions.

Amendment 28, page 50, line 33, leave out from beginning to end of line 35 and insert—

“(a) in the case of a public assembly in England and Wales, at the time the person fails to comply with the condition the person—

(i) knows that the condition has been imposed or has deliberately or recklessly avoided gaining knowledge that the condition has been imposed; and

(ii) knows or ought to know that their action or inaction amounts to a failure to comply with the condition.”

This amendment prevents a person who fails to comply with a condition on a public assembly in England and Wales avoiding criminal liability by deliberately or recklessly avoiding knowledge of the relevant condition, without extending the criminal offence to cover persons who breach conditions accidentally.

Amendment 29, page 50, line 38, leave out subsections (11) and (12).

This amendment removes increases in sentences for non-violence offences by those who organise and attend public assemblies.

Amendment 4, page 51, line 22, leave out clause 58.

This amendment, together with amendments 1 to 3 and 5 to 7, would remove Part 3 (Public order) from the Bill.

Amendment 5, page 52, line 36, leave out clause 59.

This amendment, together with amendments 1 to 4, 6 and 7, would remove Part 3 (Public order) from the Bill.

Amendment 6, page 53, line 17, leave out clause 60.

This amendment, together with amendments 1 to 5 and 7, would remove Part 3 (Public order) from the Bill.

Amendment 30, in clause 30, page 53, line 31, leave out subsection (2) and insert—

“(2) For the purposes of subsection (1) “serious harm” means—

(a) death, personal injury or disease,

(b) loss of, or damage to, property,

(c) serious distress, serious annoyance, serious inconvenience or serious loss of amenity, or

(d) being put at serious risk of suffering anything mentioned in paragraphs (a) to (c).”

This amendment removes the reference to the experience of a ‘person’ when defining what serious harm means in the context of ‘serious harm to the public or a section of the public’. It also requires the public to be put at significant risk of harm before criminal liability arises, to avoid the offence being excessively broad in its reach.

Amendment 31, in clause 60, page 53, line 37, at end insert—

“(3A) In determining whether a person had a reasonable excuse for the purposes of subsection (3) a court must have particular regard to the importance of the right to protest, including the right to freedom of expression under Article 10 and the right to freedom of association under Article 11 of Part 1 of Schedule 1 to the Human Rights Act 1998.”

This amendment ensures that the right to protest is given particular regard when a court considers whether a person has a reasonable excuse defence to a charge of public nuisance.

Amendment 7, page 54, line 18, leave out clause 61.

This amendment, together with amendments 1 to 6, would remove Part 3 (Public order) from the Bill.

Amendment 8, page 56, line 23, leave out clause 62.

Amendment 128, in clause 62, page 56, line 36, leave out line 36 and insert—

“(d) a constable, following a request of the occupier or a representative of the occupier,”.

This amendment, would provide that, as part of the conditions for the new offence of criminal trespass, only a police officer could request a person to leave land and only following a request by the occupier of the land.

Amendment 11, page 56, line 36, leave out

“the occupier, a representative of the occupier or”.

This amendment would remove the role of a private individual in triggering a criminal offence by requiring that a person would need to refuse a request to leave the land from a police officer before an offence under subsection (2) is committed.

Amendment 12, page 56, line 40, at end insert—

“(1A) A constable may only make a request under subsection 1(d) if a senior officer is reasonably satisfied that it is reasonable and proportionate to do so, after suitable consultations with relevant bodies, having particular regard to Convention rights and personal circumstances, including the best interests of any children residing on the land.”

This amendment would require a senior police officer to ensure an assessment of welfare needs has been considered and the request to leave the land is proportionate before any requests to leave the land are made and any powers under Part 4 are triggered.

Amendment 125, page 56, line 40, at end insert—

“(1A) A constable may only make a request under subsection (1)(d) where the constable has ascertained from the local authority within whose area the land is situated that there is a suitable pitch for P’s caravan or caravans on a relevant caravan site which is situated in the local authority’s area and that P has been informed of that.

(1B) For the purposes of this Section, “caravan”, “caravan site”, “relevant caravan site”, “relevant site manager” and “registered social landlord” have the same meanings as in section 62A(6) of the Criminal Justice and Public Order Act 1994.”

This amendment, taken with Amendment 128, would provide that a person only commits an offence where they are trespassing on land having been offered a suitable pitch at a caravan site in the local authority’s area.

Amendment 13, page 57, line 11, leave out

“or is likely to be caused”.

This amendment, together with Amendments 14 to 18, would limit the conditions for committing the offence to damage or disruption which has occurred rather than potential damage and disruption.

Amendment 14, page 57, leave out lines 13 to 15.

See explanatory statement to Amendment 13.

Amendment 15, page 57, line 17, leave out

“or is likely to be caused”.

See explanatory statement to Amendment 13.

Amendment 16, page 57, line 18, leave out

“or likely to be carried on,”.

See explanatory statement to Amendment 13.

Amendment 17, page 57, line 19, leave out

“or is likely to be caused”.

See explanatory statement to Amendment 13.

Amendment 18, page 57, line 20, leave out

“or likely to be carried on,”.

See explanatory statement to Amendment 13.

Amendment 19, page 57, line 22, leave out

“imprisonment for a term not exceeding three months or”.

See explanatory statement to Amendment 20.

Amendment 20, page 57, line 24, leave out “, or both”.

This amendment, together with Amendment 19, would remove the penalty of a custodial sentence of imprisonment for up to three months for committing the offence, while keeping the penalty to a fine not exceeding level 4.

Amendment 127, page 58, line 25, leave out from beginning to end of line 28 and insert—

“(a) the use of threatening or abusive words or behaviour, or disorderly behaviour, or;

(b) the display of any writing, sign, or other visible representation that is threatening or abusive;”.

This amendment removes ‘insulting words or behaviour’ from the definition of ‘offensive conduct’.

Amendment 21, page 58, line 42, leave out from beginning to end of line 19 on page 60.

This amendment would remove provisions that property belonging to the person committing the offence should be seized and forfeited by the police.

Amendment 129, page 59, line 7, at end insert

“, but does not include any property that is, or forms part of, P’s principal residence”.

This amendment would provide that a police officer does not have the power to seize a vehicle that is a person’s home.

Amendment 9, page 60, line 22, leave out clause 63.

Amendment 10, page 62, line 6, leave out clause 64.

Amendment 113, page 128, line 30, leave out clause 140.

Amendment 68, in clause 140, page 129, line 44, at end insert—

“(9A) If the order is made before regulations have been made under section 176(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.”

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.

Government amendments 40 to 44.

Amendment 70, page 134, 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.”

Government amendment 45.

Amendment 114, line 28, leave out clause 141.

Amendment 66, in clause 141, page 135, line 33, leave out “and (3)” and insert “(3) and (3A)”.

Amendment 65, page 135, 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;

(j) feedback from Community Scrutiny Panels on scrutiny of body-worn video of all stops of people subject to, or believed to be subject to, a serious violence reduction order;

(k) analysis of any adverse impact of the imposition of serious violence reduction orders, undertaken on the basis of interviews with—

(i) people subject to a serious violence reduction order, and

(ii) organisations working with young people, in addition to any other information considered relevant by the person conducting the analysis;

(l) analysis of who is made subject to a serious violence reduction order, what evidence is relied on to justify the imposition of such orders, and whether there is any bias in the decision-making process;

(m) analysis of information on the reason for each breach of a serious violence reduction order;

(n) analysis of the extent to which searches made under the powers granted by this Part could have been carried out under other powers.

(3B) Statistical information collected for the purposes of section (3A) from different pilot areas must be collected and presented in a form which enables direct comparison between those areas.”

Amendment 67, page 135, line 42, at end insert—

“(3A) The condition in this subsection is that consultation on the report under subsection (3) has been undertaken with anyone the Secretary of State considers appropriate, including—

(a) representatives of the voluntary sector, and

(b) representatives of communities disproportionately represented in the criminal justice system.”

Amendment 69, page 136, line 2, at end insert—

“(4A) Regulations under section 176(1) which bring section 139 into force only for a specified purpose or in relation to a specified area—

(a) must include provision bringing into force section 342J of the Sentencing Code (Guidance); and

(b) must provide that section 139 may come into force for other specified purposes or in relation to specified areas only once guidance has been issued under section 342J of the Sentencing Code.”

This amendment would require the Secretary of State to issue guidance on serious violence reduction orders before any pilot could commence.

Amendment 71, page 136, line 2, at end insert—

“(4A) The powers under section 342A(2) of the Sentencing Code are exercisable before the power in section 176(1) has been exercised so as to bring section 139 into force for all purposes and in relation to the whole of England and Wales only if every officer of any police force in an area in relation to which section 139 has been brought into force has completed the College of Policing two-day training on stop and search.”

This amendment would require all police officers in a pilot force area to have completed the College of Policing training on stop and search before the power to impose serious violence reduction orders could be used.

Amendment 22, in clause 149, page 151, line 14, at end insert—

“(1B) Unless there are exceptional reasons not to do so, a sexual harm prevention order must require the offender—

(a) to comply with a referral for assessment of suitability to participate in a treatment programme approved by the Secretary of State for the purpose of reducing the risk of sexual harm that a person may pose, and

(b) if assessed as suitable for such a programme, to participate in it.”

Amendment 23, page 153, line 34, at end insert—

“(1B) Unless there are exceptional reasons not to do so, a sexual harm prevention order must require the defendant—

(a) to comply with a referral for assessment of suitability to participate in a treatment programme approved by the Secretary of State for the purpose of reducing the risk of sexual harm that a person may pose, and

(b) if assessed as suitable for such a programme, to participate in it.”

Amendment 24, in clause 150, page 155, line 42, at end insert—

“(7A) Unless there are exceptional reasons not to do so, a sexual risk order must require the defendant—

(a) to comply with a referral for assessment of suitability to participate in a treatment programme approved by the Secretary of State for the purpose of reducing the risk of sexual harm that a person may pose, and

(b) if assessed as suitable for such a programme, to participate in it.”

Amendment 120, in schedule 4, page 201, line 31, leave out paragraphs 2 to 12 on page 203.

This amendment, together with Amendment 121, would leave out the paragraphs of Part 1 of Schedule 4 which reverse the current presumption against the grant of pre-charge bail.

Amendment 121, page 204, line 8, leave out paragraphs 14 to 16.

See explanatory statement to Amendment 120.

Amendment 118, page 212, line 27, at end insert—

“31A(1) Section 47ZG (Applicable bail period: subsequent extensions of limit by court) is amended as follows.

(2) In subsection (2), at the beginning, insert ‘Subject to subsection (10),’

(3) After subsection (9), insert—

‘(10) The court may not authorise an extension of the applicable bail period beyond the period of 24 months beginning with the person’s bail start date.’”

This amendment would restrict the period which a person could spend on pre-charge bail to a maximum of two years.

Amendment 119, page 212, line 28, leave out paragraph 32.

This amendment is consequential on Amendment 118. Paragraph 32 of Schedule 4 would make provision for oral hearings in cases where a bail period was to extend beyond 24 months, which would be prevented by Amendment 118, so this amendment removes that paragraph.

Government amendment 46.

Amendment 95, in clause 176, page 194, line 12, after “33,” insert

“[Sections 55 to 61: commencement],”.

Amendment 96, page 194, line 26, at end insert

“(ka) section [Sections 55 to 61: commencement]”.