Key Facts

• The amendment would require that a user who has given agreement under subsection (1)(b) was offered free independent legal advice before giving their agreement.
• Clause 36 involves the extraction of information from electronic devices for investigations of crime.
• New clause 49 outlines conditions and purposes for authorised persons to extract information from electronic devices.
• The amendments cover the extraction of information from electronic devices used by minors and individuals lacking mental capacity.
• Conditions A (death of a device user), B (risk to life or serious harm for minors or incapacitated adults), and C (missing users at risk) allow authorised persons to extract information under certain circumstances.
• The clauses define 'adult without capacity' as someone incapable of making decisions due to physical or mental impairment.
• New clause 49 incorporates a definition of “agreement” for authorised persons to exercise power to extract information from digital devices.
• The code of practice will guide how authorised persons obtain user agreement, ensuring it is freely given and users are informed of their right to refuse.
• The age threshold for defining an adult in the Bill is changed from 16 to 18.
• Clause 37(4) provides equivalent provisions for children's views.
• New clause 52 seeks to expand statutory consultees list but is deemed unnecessary by the government due to existing flexibility.
• Amendment 94 proposes independent legal advice for device users, addressing concerns about impact on sexual violence victims.
• Government amendment 63 ensures consistent definition of City of London Corporation's common council in public functions.
• Amendment 95 removes “If it is reasonably practicable to do so” from schedule 4.
• Amendment 96 inserts additional considerations for investigating officers regarding the needs and situation of alleged victims.
• New clause 54 introduces an offense for breaching conditions of pre-charge bail under Section 37(7) of the Police and Criminal Evidence Act 1984.
• The reforms are named “Kay’s law” after Kay Richardson, who was murdered by her ex-partner released under investigation.
• In one three-month period, 3,000 suspects were released on RUI following violent crimes.
• Domestic abuse represents one third of violent crime and half of all adult homicides when the victim is female.
• Between April 2014 and March 2020, domestic abuse-related cases referred to CPS by police fell by 37%.
• Nearly 5,000 women are turned away from refuges each year.
• Breaches of bail conditions by suspects are common and often go unreported due to lack of police response.
• New clause 54 would make breaches of pre-charge bail conditions a criminal offence.
• The Police Superintendents Association recommends making breach of pre-charge bail conditions an offence in its own right.
• Part 5 of schedule 4 proposes suspending the PACE clock for three hours upon arrest for failure to comply with bail.
• Pre-charge bail was reintroduced through amendments to the Police and Crime Act 2017.
• Before 2017, police could impose restrictions like travel bans or distance limits on suspects before charges were made.
• The absence of such measures led to challenges in preventing perpetrators from fleeing or intimidating victims.
• Amendments 95 to 97 for schedule 4 have been debated.
• There are concerns about the sanctions available when a suspect on pre-charge bail breaches their conditions.
• Data collection around breaches of pre-charge bail conditions is being improved.
• The Criminal Justice Act 2003 is amended by inserting offences under the Sexual Offences Act 2003 for retrial purposes.
• New clauses introduce imprisonment for life sentences if certain aggravating factors apply to child sexual offences.
• A new offence is proposed for communicating with another person, whether remotely or in person, for the purpose of causing or inciting a child under 13 to engage in sexual activity.
• The Criminal Justice Act 2003 sets out exceptions to double jeopardy but does not include non-penetrative sexual assault or sexual activity with a child.
• Dean Radford was one of six boys allegedly abused by Bob Higgins at Southampton football club, leading to Higgins' conviction in 2016 for 45 counts of indecent assault involving 23 victims over a period from 1971 to 1996.
• New clause 37 would amend schedule 5 to the Criminal Justice Act to include child sex offences set out in sections 7 to 10 of the Sexual Offences Act 2003 and sections 14 and 15 of the Sexual Offences Act 1956.
• The International Justice Mission reports that children rescued have been abused by family members and contracted sexually transmitted diseases.
• Traffickers livestream the exploitation to satisfy demand from offenders paying to direct abuse in real time.
• The National Crime Agency believes the UK is the world’s third largest consumer of livestreamed abuse.
• Offenders convicted of abusing children in the Philippines serve an average of two years and four months in prison.
• The government's mandatory relationship education programme for children from primary school age has not yet been introduced.
• New clause 39 seeks to introduce aggravated offences reflecting severe abuse including sibling involvement, animal sex acts, and mental impairment.
• New clause 40 targets communications enabling or inciting child sexual abuse, covering the initial steps taken by offenders.
• New clause 41 clarifies that offences under section 8 of the Sexual Offences Act can occur online or in person anywhere globally.
• Clause 44 addresses the need to strengthen section 14 of the Sexual Offences Act 2003.
• New clause 39 introduces aggravated offences for particularly degrading treatment or involving family members in contact abuse.
• New clause 40 criminalizes online communications intended to enable sexual abuse and exploitation.
• New clause 41 clarifies that incitement, arrangement, or facilitation of child sexual abuse can occur online or internationally.
• Clause 44 closes a legal gap in relation to section 14 of the Sexual Offences Act 2003.
• The maximum penalty for arranging or facilitating the rape of a child under 13 would now be life imprisonment rather than 14 years.
• UK is the third-highest live-streaming source country in the world.
• Section 72 of the Sexual Offences Act 2003 allows prosecution regardless of where offences happen.
• New clauses are debated in relation to clause 44 for logical placement.
• The actual voting on these new clauses will take place at the end of their discussion.
• Amendment aims to extend the definition of those subject to child sexual abuse offences under sections 16-19 of the Sexual Offences Act 2003.
• The amendment would modify subsections (2) and (3) in clause 45 to include adults regularly involved with minors regardless of their specific role.
• The Sexual Offences Act 2003 defines certain adults in positions of trust who have sexual relations with a child aged 16 or 17 as committing a criminal offence.
• The Act originally listed statutory roles like teachers and care home workers as having positions of trust.
• Sports coaches, faith leaders, and other influential figures are now recognized to have similar power over children.
• McCabe argues that social influencers should also be included in future-proofing the legislation.
• The statement covers clause 45 of the Police, Crime, Sentencing and Courts Bill.
• It seeks clarity on whether swimming lessons, dance classes, temple youth groups, church camps, and outdoor activities are covered by the current definition of 'position of trust'.
• Concerns exist that children may be left at risk in settings such as music, creative and performing arts, tutoring, cadets, driving lessons, and youth clubs.
• The proposed legislation does not cover cases like a music tutor who groomed and raped a young student.
• Host families providing accommodation to international students sometimes do not face Disclosure and Barring Service checks.
• NSPCC research identifies transport, youth work, scouts, cadets, charities, and the performing arts as prevalent areas for abuse by those in positions of trust.
• Myles Bradbury abused many children while working as a doctor.
• Between 2014 and 2018, there were 653 complaints about adults having sex with 16 and 17-year-olds in their care outside the criminal law framework.
• 1,025 criminal offences of abuse of a position of trust occurred during the same period.
• The current rate of rape prosecutions in England and Wales is 1.6% for reported cases.
• There were more than 52,000 rapes reported in England and Wales in 2020.
• In 2016-17, the Crown Prosecution Service prosecuted 5,190 rape cases, which declined to 1,490 by December 2020.
• The legislation deals with cases where there is consent.
• Amendment 7 suggests a broad clause but is viewed as unclear.
• The top roles identified in the January 2020 report are sport (31%) and faith (14%).
• Proposed new section 22A(4) of the 2003 Act will allow the Secretary of State to add other specific roles based on developing evidence.
• No specific action or proposal is made.
• A point was raised about the Minister's brief response to an issue.
• Chris Philp defends the power of brevity in making a point during parliamentary interventions.
• Clause 46 could result in less than one prison place a year.
• The number of cases that will be sentenced for this offence every year range from 10 to 60 with a best estimate of 35.
• The clause defines a memorial as 'any moveable thing (such as a bunch of flowers)'.
• Up to 54,000 casualties from India, east Africa, Egypt and Somalia were treated with unequal dignity in death.
• The clause addresses damage to war memorials with value under £5,000.
• Judges already consider emotional significance for more serious offences.
• Between 10 and 60 cases of relevant crimes are anticipated annually.
• Clause 53 seeks to extend rights to prison escort and custody service officers to accompany prisoners during video remand hearings.
• During the coronavirus pandemic, police had to perform these duties, which took up valuable patrol time.
• Amendments 64 to 67 make technical corrections to align with current legislation.
• Transform Justice scrutinised the amendment.
• The Government's fact sheet describes clause 53 as enabling legislation not reliant on police resources.
• Implementation of video remand hearings is being developed but not finalised.
• A solution to long-term structural and resourcing issues is required for roll-out.
• The Law Society supports temporary use of prisoner custody officers during the pandemic.
• PECS contractors refused transport due to covid safety concerns, leading to makeshift courtrooms in police custody suites.
• Police agreed to run video remand courts on an emergency basis without compensation.
• Most areas reverted to traditional arrangements as pandemic eased.
• Economic impact assessment shows a positive cost-benefit but needs further scrutiny.
• The Met estimated the operation of running emergency video remand courts at £2 million per year.
• This legislation allows for future use of PECS officers to facilitate video remand hearings.
• A cost-benefit analysis will be conducted before implementing video remand hearings.
• Judicial discretion will ensure that justice interests are served in remote technology hearings.