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Criminal Justice Bill - Sitting 15

30 January 2024

Proposing MP
Mid Derbyshire
Type
Public Bill Committee

At a Glance

Issue Summary

Pauline Latham is addressing issues related to the lighting and acoustics in the Committee room, particularly concerning visibility and hearing for Members. The statement addresses amendments to criminal offences involving sexual activity in the presence of a child or person with mental disorder, aiming to remove the requirement that the perpetrator knows or intends that the victim is aware of the activity. The statement discusses a proposed new clause aimed at suspending parental responsibility for individuals convicted of serious sexual offences involving or relating to children. Laura Farris discusses the new clause that seeks automatic suspension of parental responsibility for parents convicted of serious sexual offences against children. The statement discusses proposed legislation on sexual interference with a corpse and its legal implications. The statement discusses the introduction of a new clause to amend legislation regarding sexual interference with corpses. The statement discusses a new clause aimed at clarifying joint enterprise laws to ensure individuals must make a significant contribution to be criminally liable. Pauline Latham discusses the need for legal clarity and reform of joint enterprise laws to prevent unjust convictions. The statement discusses the complexities and potential injustices in joint enterprise convictions within criminal justice law. The statement addresses new clause 16 proposed by the hon. Member for Bootle which seeks to amend the Accessories and Abettors Act 1861 to require a 'significant contribution' from an individual before they can be indicted as a principal offender. Pauline Latham is discussing amendments related to road traffic legislation, including reducing the reporting time for accidents and extending the scope of certain driving offenses. Pauline Latham discusses new clauses related to penalties for failing to remain at the scene of a traffic collision that results in death or serious injury. The statement addresses a proposed amendment to the Road Traffic Act 1988 to allow prosecution for dangerous and careless driving on private land adjacent to highways. The statement addresses concerns raised about hit and run offences and proposes a framework for addressing these issues within existing legal frameworks. The statement addresses the proposal to make cuckooing, where criminals take over a vulnerable person's home for criminal activities, an offence under the Criminal Justice Bill. The MP discusses the issue of cuckooing, where criminals take over vulnerable individuals' homes for criminal activities. She requests legislative changes to address this. Pauline Latham, serving as Chair, orders the Committee to adjourn without putting a question.

Action Requested

Latham suggests that Alberto Costa should speak to Sir Charles Walker or the head of admin services regarding the lighting and acoustic issues. She mentions that these matters can be raised in the Administration Committee.

Key Facts

  • LED lighting is set to cool white rather than warm white.
  • The acoustics in the neo-gothic Committee rooms are deemed unsuitable for modern use.
  • Sir Charles Walker heads the Administration Committee which meets every Monday.
  • The new clause amends sections 11(1), 18(1), 32(1), 36(1) and 40(1) of the Sexual Offences Act 2003.
  • It removes the requirement that the perpetrator knows or believes that the victim is aware they are engaging in sexual activity.
  • The amendment retains a link between the presence of a child or person with mental disorder and the perpetrator’s sexual gratification to avoid over-criminalisation.
  • The new clause would apply where a person has been found guilty of a serious sexual offence involving or relating to a child.
  • A ceases to have parental responsibility for all affected children until an application by the individual is approved by the family court.
  • There are existing cases where courts have removed parental responsibility from fathers who were imprisoned for sexual abuse and violent attacks on their families.
  • The new clause aims to automatically suspend parental responsibility where a parent is convicted of serious sexual offences against children.
  • Jade’s law was introduced in the Victims and Prisoners Bill to automatically suspend parental responsibility for parents convicted of murder or manslaughter of the other parent.
  • Lord Meston, a family court judge, expressed that the Crown Court may not have sufficient information to make automatic prohibitions in cases involving serious offences.
  • The proposed legislation aims to amend the Sexual Offences Act 2003 by adding new section 70A.
  • New section 70A criminalizes acts of physical sexual interference with a dead person, including touching or causing contact between an item/substance and the corpse.
  • A conviction under this amendment would result in imprisonment for up to 10 years.
  • David Fuller was convicted in 2021 for historic murder and sexually assaulting corpses.
  • There were more than 100 female victims ranging from ages nine to 100.
  • Current law only applies to penetrative assault, not non-penetrative sexual assaults on corpses.
  • The new clause clarifies the definition of joint enterprise or secondary liability.
  • Black people are 16 times more likely than white people to be prosecuted under joint enterprise laws, according to recent CPS data.
  • The Joint Enterprise (Significant Contribution) Bill will have a Second Reading debate on Friday 2 February.
  • The Supreme Court's 2016 ruling on R v. Jogee restored proper intentions for joint enterprise convictions.
  • Centre for Crime and Justice Studies research indicates limited impact of legal changes post-Jogee.
  • Dr Felicity Gerry KC highlighted several real-life cases where individuals were convicted despite no significant contribution to crimes.
  • The new clause mirrors the Joint Enterprise (Significant Contribution) Bill set for Second Reading on February 2nd.
  • Over half of those involved in joint enterprise cases were under 25, with black defendants comprising 30% compared to 4% of the general population.
  • Black people are 16 times more likely than white people to be prosecuted for homicide or attempted homicide under joint enterprise laws.
  • The CPS data shows 680 defendants in 190 cases across six CPS areas over a six-month period.
  • New clause 16 would amend section 8 of the Accessories and Abettors Act 1861.
  • R v. Jogee changed common-law jurisprudence on joint enterprise in 2016.
  • CPS conducted a pilot review concluding in September to assess joint enterprise cases.
  • A further panel by CPS focusing on gang association evidence is scheduled for February 2nd.
  • The amendment would change section 170 of the Road Traffic Act 1988.
  • It proposes reducing the time limit for reporting an accident from twenty-four hours to two hours and making non-compliance a criminal offense.
  • Another proposal extends driving offenses covered by sections of the act to private places adjacent to roads.
  • Every 16 minutes, someone is killed or seriously injured on UK roads.
  • In 2022, there were approximately 31,000 fatalities and serious injuries out of a total of about 135,000 road casualties annually.
  • About 85 people are killed or seriously injured in each constituency yearly.
  • Up to 17,000 drivers leave the scene after collisions, according to Motor Insurers’ Bureau figures.
  • The Road Traffic Act 1988 currently requires vehicles to start their journey on public roads for prosecution.
  • Pearl Melody Black was tragically killed by an unoccupied vehicle rolling from private land onto a highway in Merthyr Tydfil, August 2017.
  • A previous ten-minute rule Bill fell due to lack of parliamentary time.
  • The new clause would create a very high penalty without necessarily establishing a causal connection between leaving the scene and injury.
  • There are existing offences such as causing death by dangerous driving which carry severe penalties.
  • Reducing reporting time to two hours could be onerous, especially in remote areas with no nearby police stations.
  • Cuckooing involves criminals taking over a vulnerable person's home for criminal activities such as drug dealing, sex work facilitation, or financial abuse.
  • Vulnerable people are often targeted and exploited to facilitate long-term criminal operations through the use of their property.
  • The Police Superintendents’ Association supports the new clause and emphasizes the need for clear evidence thresholds and robust wording around offences.
  • Cuckooing is not defined in legislation.
  • Only seven police forces recorded cases of cuckooing in November 2023.
  • The Government’s “Anti-Social Behaviour Action Plan” from 2023 intended to target cuckooing but has since decided against creating a new offence.
  • The Centre for Social Justice proposed adding an amendment to the Modern Slavery Act making it an offence to occupy or exercise control over another person’s home without their consent.
  • The adjournment was ordered at 11:25 am.
  • The Committee will reconvene later that day.
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