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Police, Crime, Sentencing and Courts Bill
22 June 2021
Type
Public Bill Committee
At a Glance
Issue Summary
Charles Walker discusses new clauses related to kerb-crawling and harassment. The statement discusses a new clause that creates an offence for engaging in unwanted sexual conduct in public places, punishable by fines. The statement addresses the issue of sexual harassment against women in public spaces and proposes new legislation to address the problem. The statement discusses the Government's strategy and approach towards addressing street harassment and sexual harassment, including potential legislative changes. The statement discusses a proposed amendment to the Bail Act 1976 that would repeal the power of criminal courts to remand defendants into custody for their own protection or welfare pending trial or sentence. The statement discusses New Clause 3 of the Police, Crime, Sentencing and Courts Bill, which seeks to remove provisions in the Bail Act for remanding defendants in custody for their protection or welfare. The statement addresses new clause 20 which proposes amendments to the Youth Justice and Criminal Evidence Act 1999, aiming to improve access to special measures for eligible witnesses. Sarah Champion supports new clause 4 and discusses her own new clause 20 which aims to give victims of child sexual abuse better access to special measures in court proceedings. The statement discusses measures for supporting victims of rape in court hearings through pre-recorded evidence and live link options. The statement discusses the proposed changes to special measures for court proceedings involving vulnerable witnesses, focusing on judicial discretion and the balance between victim protection and justice delivery. Charles Walker is addressing new clauses related to pet theft in both England and Scotland. The statement addresses the issue of pet theft, particularly focusing on dogs, and proposes new legislation to create a specific offence with harsher penalties. The statement discusses the issue of pet theft and the inadequacy of current legislation to reflect the emotional value pets hold for their owners. The statement discusses the issue of pet theft and proposes creating a new taskforce to address prevention, reporting, enforcement, and prosecution of offences. Sarah Jones is proposing new legislation requiring rental companies to fit high-performance vehicles with black boxes. The discussion revolves around the proposed new clause that would require companies renting high-performance vehicles to install black box data recorders and provide this information to police upon request. Charles Walker is discussing new clauses related to the admission of evidence about a complainant's sexual history in criminal trials. Charles Walker is proposing new clauses related to sexual conduct cases under the Police, Crime, Sentencing and Courts Bill. The statement discusses new clauses related to restricting evidence and questions about mental health counselling or treatment records during sexual offence trials, and seeking advice from the Law Commission on the use of complainants' sexual history in rape trials. Sarah Champion addresses new clause 57 which aims to restrict access to mental health counselling records for victims in court proceedings. The statement is about adjourning the parliamentary debate.
Action Requested
Walker proposes a new clause that makes it an offence for individuals to engage in harassing conduct from or near a motor vehicle, imposing penalties including fines and revocation of driving licences.
Key Facts
- New Clause 2 addresses kerb-crawling behaviour.
- The proposed legislation imposes penalties of up to a level 3 fine or revocation of the offender's driving licence.
- 'Motor vehicle' is defined according to the Road Traffic Act 1972.
- The new clause criminalises unwanted conduct of a sexual nature in public places.
- A person found guilty would receive an initial fine of £500.
- Subsequent offences could result in a fine of up to £1000.
- 80% of women in the UK have experienced sexual harassment in their lifetimes.
- Among those aged 18 to 24, 97% have experienced sexual harassment.
- Only 4% of women who suffered sexual harassment reported the crime.
- The French law implemented in 2018 enables police to issue on-the-spot fines up to €750 for sexual harassment in public places.
- In the first eight months, 447 fines were handed down under the French law.
- The Government received over 160,000 responses to their consultation exercise.
- The strategy will address crimes disproportionately affecting women and girls, including online abuse.
- The College of Policing has agreed to develop advice for forces on using existing offences effectively.
- The Bail Act 1976 allows courts to remand adults in prison and children into custody without conviction or sentencing.
- Last year, the Howard League published a briefing concluding that repealing these provisions is overwhelming and wrong in principle.
- Professor Sir Simon Wessely’s 2018 review recommended removing the power of the courts for mental health grounds.
- The Government's White Paper noted cases where prison was seen as safest for some mentally unwell individuals under current legislation.
- 40% of women arrested result in no further action, with higher rates for those arrested for alleged violence.
- The provision in question is used rarely as a last resort.
- A review has been commissioned and written to an all-party parliamentary group on women in the penal system.
- Consideration will be given to alternatives, especially for vulnerable individuals.
- Section 28 allows for the pre-recording of evidence, reducing trauma for vulnerable witnesses.
- It has been piloted in three courts: Liverpool, Leeds, and Kingston upon Thames.
- Only 56% of rape victims pursue their cases to court due to various factors including lack of confidence in the justice system.
- The Government's end-to-end review aims to roll out section 28 after an evaluation but has delayed implementation.
- 44% of child sexual abuse victims were not offered remote or screened testimony opportunities.
- Victims often face distressing re-traumatisation during cross-examination.
- Special measures include giving evidence by live link, private setting, and video-recorded statements.
- New clause 20 would allow victims to choose their preferred special measure.
- Section 28 pre-recorded evidence has been fully rolled out for vulnerable witnesses, including child witnesses.
- Three early adopter Crown courts (Leeds, Kingston upon Thames, Liverpool) are piloting section 28 evidence for intimidated witnesses.
- The pilot is being extended to three more Crown courts: Durham, Isleworth, and Wood Green.
- There are currently 6 pilot sites out of a total of about 80 Crown courts (10%).
- Each week there are 20,000 court sessions using video technology across all jurisdictions.
- Every Crown court room has the cloud video platform installed for live evidence by video link.
- The Government's Victims Code was published recently.
- Guidance is being drafted with police and Crown Prosecution Service (CPS) to ensure high understanding of special measures like section 28.
- Section 24 aims to maximise remote link site usage as suggested by Member for Rotherham.
- Judges ultimately decide on the use of live links or other special measures based on individual circumstances.
- New clause 7 amends the Animal Health and Welfare (Scotland) Act 2006.
- The proposed amendment introduces a new section on pet theft with specific penalties.
- Consequential amendments include additions to the Police and Criminal Evidence Act.
- Fewer than 1% of pet thefts lead to charges being brought.
- Five police forces across England and Wales reported more acts of dog theft in the past seven months than during the whole of the previous year.
- On average, at least five dogs are stolen in England and Wales each day.
- In 2015, only 62 court charges were brought for dog theft; by 2017, this had decreased to 37.
- Bluey, a budgie, symbolises the emotional attachment pets can have for their owners.
- Only 1% of dog thefts lead to prosecution according to campaigners.
- Different police forces record pet theft differently making it hard to collate statistics.
- A dog owner in Plymouth was attacked and her pug stolen.
- Mike Jasper’s sprocker spaniel, Ted, was taken during a violent attack.
- Nottinghamshire police appointed Chief Inspector Amy Styles-Jones as the first specialist dog-theft lead.
- Pet theft is currently addressed under the Theft Act 1968.
- A new clause proposes reducing maximum sentence for stealing a pet to two years from seven years.
- Sentencing Council guidelines account for emotional distress caused by theft.
- The taskforce will explore practical measures, including prosecution pathways and animal welfare legislation.
- Rental companies must fit cars over 300 brake horsepower with black boxes.
- Black boxes record location, speed, and rate of acceleration/deceleration throughout the rental period.
- Failure to disclose information recorded by the black box is an offence punishable by imprisonment or a fine.
- The clause aims to address reckless driving and safety concerns associated with high-performance vehicles.
- The new clause aims to capture data from black boxes in rental high-performance cars.
- Companies would have to hand over this data if requested by the police.
- Examples of cars potentially affected include the Mini hatchback, Audi S series, Honda Civic, Volvo V60, and Mercedes C class.
- Concerns are raised about restricting vehicle choice and availability for renters.
- The clauses aim to redefine 'issue of consent' in section 42.
- New Clause 12 would ban applications for admitting evidence about sexual history immediately before or during a trial unless previously refused.
- These amendments are part of the Police, Crime, Sentencing and Courts Bill.
- New clause 13 gives the complainant a right of representation and appeal on an application to adduce evidence or questions related to sexual conduct.
- New clause 14 requires the Secretary of State to collect and report annually data on rape and sexual assault proceedings, including time taken from complaint to trial and details of section 41 applications.
- New clause 15 mandates training strategies for criminal justice agencies in relation to serious sexual offenses investigation and cross-examination.
- New clause 42 enhances special measures by requiring interviews with complainants in sexual offences cases be conducted by a qualified professional.
- The Youth Justice and Criminal Evidence Act 1999 is proposed to be amended with new clause 43A.
- New clause 68 requires the Secretary of State to seek advice from the Law Commission on proposals for reforming laws related to complainants' sexual history in rape trials.
- New clause 57 would add a section to the Youth Justice and Criminal Evidence Act 1999.
- The new clause aims to restrict access to counselling notes unless they relate to a relevant issue in the case.
- A constituent moved abroad due to fear of her mental health records being used against her in court proceedings.
- South Yorkshire police denied therapy to a vulnerable witness based on guidance that prosecution would lose if such support was provided.
- The debate was ordered to be adjourned at Two o'clock on the same day.
- Tom Pursglove made the announcement.
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