<-- Back to proposed bills
Criminal Justice Bill - Sitting 14 (Afternoon)
25 January 2024
Type
Public Bill Committee
At a Glance
Issue Summary
Robert Syms is proposing several new clauses to the Criminal Justice Bill, focusing on improving accountability and transparency within the police force. The statement addresses amendments and new clauses related to police standards, disciplinary measures, and vetting processes. The statement discusses changes to regulations within the Criminal Justice Bill aimed at improving the efficiency and effectiveness of disciplinary proceedings for police officers. The MP discusses concerns regarding proposed amendments to the Criminal Justice Bill, particularly around seizing mobile phones under Article 8 of the ECHR and mandatory referrals to the IOPC for domestic abuse matters. The MP is discussing the limitations and practical obstacles of using evidence from family court proceedings in police vetting processes. Robert Syms is discussing amendments related to family court proceedings and the recording of factual findings for safeguarding agencies. The statement discusses a new clause aimed at creating a standalone offence for intentionally administering harmful substances to another person without consent and with intent to cause harm. The statement discusses updates to the Offences against the Person Act 1861 to modernize and clarify language related to spiking and other harmful behaviors. The statement discusses new clause 45 of the Criminal Justice Bill aimed at addressing spiking as a criminal offense. The statement discusses new clauses aimed at decriminalising abortion for women acting in relation to their own pregnancy, including changes to existing criminal laws. The statement discusses a new clause concerning the removal of criminal penalties for women undergoing abortions in England and Wales. The MP discusses new clauses related to abortion law and expresses concerns about women facing criminal charges for seeking terminations. The statement addresses the decriminalisation of abortion through proposed new clauses in the Criminal Justice Bill. The statement addresses concerns about testing the will of Parliament regarding certain legislative issues, particularly those related to women's health and rights. Robert Syms proposes amendments to the Armed Forces Act 2006. The statement discusses amendments to the Armed Forces Act 2006 to align with provisions in the Sentencing Code. The statement discusses amendments to the Police and Criminal Evidence Act 1984 to allow for controlled drug testing upon arrest at locations other than police stations. The statement discusses amendments to the Criminal Justice Bill, introducing new clauses related to notification orders for domestic and service offences, removal of senior police officer authorisation for dispersal powers, and extension of dispersal powers to local authorities.
Action Requested
Mr. Syms proposes amendments to ensure that criminal behavior disclosed through family court proceedings is considered in vetting processes, automatically dismisses officers convicted of serious crimes without disciplinary proceedings, suspends officers charged with indictable offenses for an initial period, provides for automatic dismissal based on failed vetting, mandates the handing over of personal mobile phones for investigation purposes, and treats all allegations of police perpetrated domestic abuse as recordable complaints or conduct matters.
Key Facts
- The amendment to clause 73 ensures criminal behavior uncovered in family courts is considered during the vetting process.
- New clause 6 proposes automatic dismissal of officers convicted of serious crimes without disciplinary proceedings under section 50 of the Police Act 1996.
- New clause 7 mandates an initial 30-day suspension for officers charged with indictable offenses, with pay, and requires a determination on whether to continue suspension before Regulation 11 applies.
- New clause 8 allows chief officers to dismiss without notice if an officer fails vetting and cannot be deployed to full duties within a reasonable timeframe.
- New clause 9 introduces a duty for officers to hand over personal mobile phones upon request by the appropriate authority under suspicious circumstances of gross misconduct.
- New clause 33 amends Schedule 3 of the Police Reform Act 2002 to treat all allegations of police perpetrated domestic abuse as recordable complaints or conduct matters.
- The reforms announced last August are being progressed at pace.
- Regulations will be laid before Parliament this side of the summer recess.
- Part of the changes can be brought into force as soon as spring, with others following shortly after.
- A right of appeal for chief constables to the police appeals tribunal is proposed under primary legislation.
- Regulations will be changed to introduce statutory requirements for officer vetting.
- Chief constables will chair disciplinary panels rather than legally qualified chairs.
- A right of appeal exists for officers dismissed by chief constable's decision.
- Automatic dismissal regulations for certain criminal offences will be introduced in spring.
- The MP discusses concerns about seizing personal mobile phones under Article 8 of the ECHR.
- New clauses 33 and 34 propose measures that have been previously accepted in principle but require further work before inclusion.
- There is a set of mandatory referral criteria for misconduct investigations by the IOPC, which includes serious assault and sexual assault.
- Evidence from family courts is not currently considered when vetting decisions are made.
- Family court proceedings are closed and generally not published.
- Police national database includes criminal conduct reported to the police, but it does not include unreported allegations upheld in family court on a civil standard.
- Syms has tabled amendments addressing issues related to the family courts.
- The Ministry of Justice conducted a harms review three years ago which identified serious cases of child abuse and rape in family courts.
- No changes have been implemented since the review.
- New clause 45 concerns creating a standalone offence for intentionally administering harmful substances without consent.
- The new clause would replace sections 23 and 24 of the Offences against the Person Act 1861, modernizing language and capturing all forms of offending related to spiking.
- The proposed legislation includes penalties on summary conviction or indictment.
- New clause 45 aims to clarify and modernize the Offences against the Person Act 1861.
- The amendment replaces outdated language with terms like 'intentionally' and 'recklessly'.
- Spiking incidents reported to the police have increased fivefold in recent years according to a Channel 4 FOI request.
- Spiking is covered under new clause 45.
- New clause 45 covers spiking via needle, vape, drink or food substance.
- Training for nightclub bouncers on spiking will be mandatory from April this year.
- A national reporting tool operated by police forces in England and Wales allows anonymous reports of suspected spiking incidents.
- The new clause aims to remove criminal penalties for women seeking abortions.
- Sections 58, 59, and 60 of the Offences Against the Person Act 1861 would be repealed or modified by regulations.
- Regulations must ensure no person acting in relation to their own pregnancy is sentenced to a custodial sentence unless they have not consented to the abortion.
- The new clause aims to remove criminal penalties for women ending their own pregnancies.
- Only three women have been convicted of illegal abortions in the UK since the Abortion Act 1967 was passed, but six appeared in court in the last 18 months.
- Police investigations into abortion offences are increasing, and some women face harsh consequences even when no evidence exists that they had an abortion.
- Labour believes that abortion is an essential part of healthcare.
- A woman was jailed for 28 months (reduced to 14 months suspended) under section 58 of the Offences against the Person Act 1861.
- The British Medical Association supports action but does not support criminal sanctions for women or health professionals in abortion-related cases.
- The Government supports access to safe, regulated abortion services under NHS laws.
- Under section 58 of the Offences against the Person Act, it is an offence for a pregnant woman to procure her own miscarriage unlawfully.
- There has been one criminal conviction in the last six years related to abortion offences in England and Wales.
- The MP has been in Parliament for nine years.
- Prior amendments came from her right hon. Friend's tabled suggestions.
- A Labour Government would ensure time to consider the issue properly.
- The amendments apply to section 93 of the Armed Forces Act 2006.
- Service policemen must have reasonable grounds to believe items are stolen goods or evidence in relation to an offence under section 42.
- Powers include seizing items subject to legal privilege, excluded material, and special procedure material.
- New Clause 13 amends section 309 of the Armed Forces Act 2006.
- It inserts subsection (1A) after existing subsection (1).
- Subsection (1A) grants jurisdiction to the Court Martial for dealing with offenders who fail without reasonable excuse to comply with an order under section 259A(2).
- The penalty for non-compliance is modified to include a term of up to two years, in addition to existing penalties.
- The amendments include allowing an approved constable to take a non-intimate sample from a person if certain conditions are met.
- An arrest condition, age condition (person must be 18 or over), and request condition must all be satisfied before taking the sample.
- A person who fails without good cause to give a sample may face imprisonment for up to three months or a fine.
- The Counter-Terrorism Act 2008 is amended to enable notification orders for domestic and service offences.
- Section 34 of the Anti-social Behaviour, Crime and Policing Act 2014 authorisation requirement by police officers of at least inspector rank is removed.
- Local authorities are given the power to authorise persons to use dispersal powers under Part 3 of the Anti-social Behaviour, Crime and Policing Act 2014.
▸
Assessment & feedback
Summary accuracy