Policing and Crime Bill — Report (3rd Day) — 12 Dec 2016 at 20:15
Moved by Lord Marks of Henley-on-Thames
187B: After Clause 152, insert the following new Clause-“Evidence about complainant’s sexual history(1) The Secretary of State shall within six months of the day on which this section comes into force, publish a report on the operation of section 41 of the Youth Justice and Criminal Evidence Act 1999 (restriction on evidence or questions about complainant’s sexual history).(2) The report shall, in particular, include information regarding-(a) the number of applications made for leave in accordance with subsection 41(2) of the Act;(b) the number of such applications granted;(c) the number of such applications refused;(d) the number of prosecutions not proceeded with because of the victim’s concerns as to an application for leave;and to the extent numerical information is not available, as full information as possible regarding such matters.(3) The report may include proposals for the amendment or repeal of section 41 of the Act.”
Moved by Baroness Hamwee
187C: Clause 155, page 180, line 2, at end insert-“( ) The Secretary of State shall, within twelve months of the passing of this Act, undertake a consultation with regard to senior coroners’ duties to conduct inquests into the death of persons deprived of liberty under section 4A(3) or (5) or 4B of the Mental Capacity Act 2005.”
Moved by Baroness Brinton
188: After Clause 155, insert the following new Clause-“Police observance of the Victims’ Code: enforcement(1) The Parliamentary Commissioner Act 1967 is amended as follows.(2) In section 5(1B) omit from “by” to “sections 35”.(3) After section 5(1B) insert-“(1BA) Subsection (1C) applies if a written complaint is made to the Commissioner by a member of the public who claims that-(a) a police officer;(b) a police service employee other than a police officer; or(c) another person determined under section (1BC);has failed to perform a Code duty owed by him to the member of the public. (1BB) For the purposes of subsection (1BA) a Code duty is a duty imposed by a code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims).(1BC) The Secretary of State may by regulations made by statutory instrument amend the categories of person identified in subsection (1BA) as the Secretary of State thinks fit.”(4) In section 5(4A), after “(1A)” insert “or (1BA)”.(5) In section 6(3), at beginning insert “Except as provided in subsection (3A)”.(6) After section 6(3) insert-“(3A) Subsection (3) shall apply in relation to a complaint under section 5(1BA) as if for “a member of the House of Commons” there were substituted “the Commissioner”.”(7) In section 7(1A), after “5(1A)” insert “or 5(1BA)”.(8) In section 8(1A), after “5(1A)” insert “or 5(1BA)”.(9) After section 10(2A) insert-“(2B) In any case where the Commissioner conducts an investigation pursuant to a complaint under section 5(1BA) of this Act, he shall send a report of the results of the investigation to-(a) the person to whom the complaint relates,(b) the principal officer of the department or authority concerned and to any other person who is alleged in the relevant complaint to have taken or authorised the action complained of, and(c) the Commissioner for Victims and Witnesses appointed under section 48 of the Domestic Violence, Crime and Victims Act 2004 (commissioner for victims and witnesses).”(10) After section 10(3B) insert-“(3C) If, after conducting an investigation pursuant to a complaint under section 5(1BA) of this Act, it appears to the Commissioner that-(a) the person to whom the complaint relates has failed to perform a Code duty owed by him to the person aggrieved, and(b) the failure has not been, or will not be, remedied, the Commissioner shall lay before each House of Parliament a special report upon the case.(3D) If the Commissioner lays a special report before each House of Parliament pursuant to subsection (3C) the Commissioner may also send a copy of the report to any person as the Commissioner thinks appropriate.(3E) For the purposes of subsection (3C) “Code duty” has the meaning given by section 5(1BB) of this Act.”(11) In section 10(5)(d), for “or (2A)” substitute “, (2A) or (2B)”.(12) In section 12(1), after paragraph (b) of the definition of “person aggrieved”, insert-“(c) in relation to a complaint under section 5(1BA) of this Act, means the person to whom the duty referred to in section 5 (1BA) of this Act is or is alleged to be owed;”.”
Ayes 136, Noes 130.
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