Moved by
Lord Touhig
18: After Clause 153, insert the following new Clause—
“Protection arrangements for children and dependents
(1) The Criminal Justice Act 2003 is amended as follows.
(2) After section 174 (duty to give reasons for, and explain effect of, sentence) there is inserted—
“174A Duty to ask about children etc left behind
(1) Any court passing a custodial sentence on an offender who was on bail when awaiting sentence must ask what the arrangements are for the care of any children of the offender or any vulnerable adult who is dependent on the offender while the offender is in custody.
(2) If the court considers the arrangements are not satisfactory the court must make a referral to the relevant local authority social care team.
(3) Any person or body having statutory responsibilities for children or vulnerable adults must co-operate with the court in securing that arrangements are made for their safety in the circumstances to which subsection (1) refers.”
(3) The Bail Act 1976 is amended as follows.
(4) In section 5 (supplementary provisions about decisions on bail), after subsection (5), there is inserted—
“(5A) Where a court withholds bail in criminal proceedings from a person to whom section 4 of this Act applies, the court must ask what the arrangements are for the care of any children of the defendant or any vulnerable adult who is dependent on the defendant while the defendant is on remand in custody.
(5B) If the court considers the arrangements are not satisfactory the court must make a referral to the relevant local authority social care team.
(5C) Any person having statutory responsibilities for children or vulnerable adults must co-operate with the court in securing that arrangements are made for their safety in the circumstances to which subsection (5A) refers.”
(5) This section shall come into force two months after enactment.”