Clause 36 - Notification Requirements

Criminal Justice Bill – in a Public Bill Committee am 3:15 pm ar 18 Ionawr 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Amendments made: 107, in clause 36, page 33, line 35, at end insert “and Northern Ireland”.

This amendment and amendments 108 and 110 to 113 make provision for notification requirements by persons other than individuals who are subject to a serious crime prevention order in Northern Ireland.

Amendment 108, in clause 36, page 33, line 38, after “Wales” insert “or Northern Ireland”.—(Chris Philp.)

See the explanatory statement for amendment 107.

Photo of Chris Philp Chris Philp The Minister of State, Home Department

I beg to move amendment 109, in clause 36, page 33, line 39, leave out from second “the” to end of line 40 and insert

“first day on which any of its provisions comes into force—”.

This amendment adjusts the time period within which a notification under section 15A(1) must be made.

Photo of Angela Eagle Angela Eagle Llafur, Wallasey

With this it will be convenient to discuss the following:

Government amendments 114 and 116.

Amendment 69, in clause 36, page 35, line 2, at end insert

“or, where the person is in custody, within three days of the day on which the person is released from custody,”.

This amendment would mean that, where a person in custody is made subject to a serious crime prevention order, the three day time period within which they must notify the police of notifiable information does not start until the day they are released from custody.

Government amendments 117 and 119.

Clause stand part.

Photo of Chris Philp Chris Philp The Minister of State, Home Department

The clause amends the Serious Crime Act 2007 to provide that all those subject to an SCPO are required to provide the police with specified personal data as standard. It includes a set of appropriate requirements for bodies corporate. All those requirements can currently be attached to an SCPO at the discretion of the court, on a case-by-case basis, but the clause will place the same set of notification requirements on all individuals without the need for case-by-case applications.

Most respondents to the public consultation agreed with this proposal. Many highlighted that standardising notification requirements will create consistency and save the court some time. The notifiable information includes information such as the person’s address, employment details, telephone numbers, email address and some financial information.

Government amendments 117 and 119 will add to the list of notification requirements. The clause already includes things such as usernames and display names for social media, because monitoring these individuals’ activity online is very important. Amendment 117 adds to that list a requirement so that, in addition to usernames for social media, the relevant individuals must notify the police of any names used to access, or that identify them on, an online video-gaming service with messaging functionality. Law enforcement agencies report that such gaming websites are frequently used by individuals to communicate with other people, including in an attempt to circumvent restrictions on communications detailed in their order, so that they may re-establish their criminal enterprises.

Tightening the legislation will remove that loophole.

Amendments 109 and 116 provide that the time within which an individual made subject to an SCPO must provide the relevant information to the police is three days from the day the order comes into force—not three days from the day the order is made, as drafted. Although some orders come into force on the day they are made, others do not until, for example, the individual has served their prison sentence. The amendments allow for those different circumstances and will ensure that individuals do not inadvertently fall foul of the offence of failing to provide the required information when that would not be the Government’s intention or be reasonable. The amendments have the same effect as amendment 69, tabled by the hon. Member for Stockton North—I apologise that the Government have adopted the measure, if that is the right word.

Photo of Alex Cunningham Alex Cunningham Shadow Minister (Justice)

It is nice to win occasionally.

Photo of Chris Philp Chris Philp The Minister of State, Home Department

There we are. We have enthusiastically embraced the hon. Gentleman’s idea. I give him and his colleagues full credit for conceiving it. I acknowledge that the Government amendment does the same thing as his amendment 69 would do, for which I thank and congratulate him.

Finally, Government amendment 114 is a drafting amendment—it might even be a technical drafting amendment—to ensure that the definition of a “relevant body” in proposed new section 15A of the Serious Crime Act 2007 carries through to the proposed new section 15C. I am sure that even the shadow Minister will agree that that is fairly technical in nature.

Photo of Alex Cunningham Alex Cunningham Shadow Minister (Justice)

This has been a long time coming. The Minister and I have looked across at each other many times in this room over the past few years, and I think this is the first time he has accepted that we have actually got it right. I am obliged to him for that. This set of measures improves the efficiency of our court system, and anything that we can do to enable that is critical. Adding the information to the system automatically will make it much easier in future to ensure that those people are properly monitored and can be contacted wherever they are. We are happy to support the clause.

Amendment 109 agreed to.

Amendments made: 110, in clause 36, page 34, leave out lines 4 to 6 and insert—

“(3) A person who is subject to a serious crime prevention order made by a court in England and Wales commits an offence under the law of England and Wales if, without reasonable excuse, the person fails to comply with a requirement imposed by subsection (1) as it applies by virtue of the order.

(3A) A person who is subject to a serious crime prevention order made by a court in Northern Ireland commits an offence under the law of Northern Ireland if, without reasonable excuse, the person fails to comply with a requirement imposed by subsection (1) as it applies by virtue of the order.”

This amendment clarifies the jurisdiction in which a person commits an offence for failure to comply with a notification requirement under section 15A.

Amendment 111, in clause 36, page 34, line 7, leave out “on summary conviction to a fine” and insert “—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale.”

This amendment makes provision for the penalties to apply in Northern Ireland for a failure to comply with the notification requirements set out in section 15A.

Amendment 112, in clause 36, page 34, leave out lines 22 to 24 and insert—

“(3) A person who is subject to a serious crime prevention order made by a court in England and Wales commits an offence under the law of England and Wales if, without reasonable excuse, the person fails to comply with a requirement imposed by subsection (2) as it applies by virtue of the order.

(4) A person who is subject to a serious crime prevention order made by a court in Northern Ireland commits an offence under the law of Northern Ireland if, without reasonable excuse, the person fails to comply with a requirement imposed by subsection (2) as it applies by virtue of the order.”

This amendment clarifies the jurisdiction in which a person commits an offence for failure to comply with a notification requirement imposed by section 15B.

Amendment 113, in clause 36, page 34, line 25, leave out “on summary conviction to a fine” and insert “—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale.”

This amendment makes provision for the penalties to apply in Northern Ireland for a failure to comply with the notification requirements set out in section 15B.

Amendment 114, in clause 36, page 34, line 36, at end insert—

“(3) In this section “relevant body” has the same meaning as in section 15A.”

This amendment inserts a definition of “relevant body” into section 15C.

Amendment 115, in clause 36, page 35, line 1, after “Wales” insert “or Northern Ireland”.

This amendment and amendments 118 and 120 to 123 make provision for notification requirements by individuals who are subject to a serious crime prevention order in Northern Ireland.

Amendment 116, in clause 36, page 35, line 2, leave out from “with” to end and insert “the first day on which any of its provisions comes into force,”.

This amendment adjusts the time period during which a notification under section 15D(1) must be made.

Amendment 117, in clause 36, page 35, line 13, at end insert—

“(da) any name—

(i) which the person uses to access a video game that is a user-to-user service or that is available as part of a user-to-user service, or

(ii) the function of which is to identify the person as the user of such a game;”.

This amendment requires the subject of a serious crime prevention order to notify the police of any name used to access a video game which is a user-to-user service or which identify the person as the user of such a game.

Amendment 118, in clause 36, page 35, leave out lines 24 to 36.

This amendment and amendment 120 clarify the jurisdiction in which a person commits an offence for failure to comply with a notification requirement under section 15D and make provision for the penalties to apply on conviction in Northern Ireland.

Amendment 119, in clause 36, page 36, line 12, at end insert—

“(e) ‘user-to-user service’ has the meaning given by section 3 of the Online Safety Act 2023.”

This amendment defines “user-to-user service” for the purpose of amendment 117.

Amendment 120, in clause 36, page 36, line 12, at end insert—

“(6) A person who is subject to a serious crime prevention order made by a court in England and Wales commits an offence under the law of England and Wales if the person—

(a) fails, without reasonable excuse, to comply with a requirement imposed by subsection (1) as it applies by virtue of the order;

(b) notifies the police, in purported compliance with such a requirement, of any information which the person knows to be false.

(7) A person guilty of an offence under subsection (6) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.

(8) A person who is subject to a serious crime prevention order made by a court in Northern Ireland commits an offence under the law of Northern Ireland if the person—

(a) fails, without reasonable excuse, to comply with a requirement imposed by subsection (1) as it applies by virtue of the order;

(b) notifies the police, in purported compliance with such a requirement, of any information which the person knows to be false.

(9) A person guilty of an offence under subsection (8) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.”

See the explanatory statement to amendment 118.

Amendment 121, in clause 36, page 36, line 18, after “person” insert—

“who is subject to a serious crime prevention order made by a court in England and Wales”.

This amendment and amendments 122 and 123 clarify the jurisdiction in which a person commits an offence for failure to comply with section 15E(1).

Amendment 122, in clause 36, page 36, line 21, at end insert—

“as it applies by virtue of the order”.

See the explanatory statement to amendment 121.

Amendment 123, in clause 36, page 36, line 30, at end insert—

“(3A) A person who is subject to a serious crime prevention order made by a court in Northern Ireland commits an offence under the law of Northern Ireland if the person—

(a) fails, without reasonable excuse, to comply with a requirement imposed by subsection (1) as it applies by virtue of the order;

(b) notifies the police, in purported compliance with such a requirement, of any information which the person knows to be false.

(3B) A person guilty of an offence under subsection (3A) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.”

See the explanatory statement to amendment 121.

Amendment 124, in clause 36, page 37, leave out lines 10 and 11 and insert—

“(3) A person who is subject to a serious crime prevention order made by a court in England and Wales commits an offence under the law of England and Wales if the person fails, without reasonable excuse, to comply with subsection (1) in relation to the notification.”

This amendment and amendment 125 make provision for a person to commit an offence under section 15G(1) under the law of Northern Ireland.

Amendment 125, in clause 36, page 37, line 17, at end insert—

“(5) A person who is subject to a serious crime prevention order made by a court in Northern Ireland commits an offence under the law of Northern Ireland if the person fails, without reasonable excuse, to comply with subsection (1) in relation to the notification.

(6) A person guilty of an offence under subsection (5) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.”

See the explanatory statement to amendment 124.

Amendment 126, in clause 36, page 37, line 20, after “Wales” insert “or Northern Ireland”.—(Chris Philp.)

This amendment provides for a court in Northern Ireland to make provision in a serious crime prevention order about how notifications under section 15A to 15E are to be made.

Clause 36, as amended, ordered to stand part of the Bill.