Criminal Justice Bill (sixth sitting)
The following are extracts from the sixth sitting of the Public Bill Committee on the Criminal Justice Bill, on 11 January 2024.
The point was made about a person having a difficult experience of litigation against the Home Office, and we heard the example of the high-profile case related to the effect of an Ofsted inspection; there could be a number of other scenarios. I think we have to look at clause 11(1)(b) when we are thinking about those. We are not considering simply whether the perpetrator is said to have done an act that is capable of encouraging self-harm. By the way, I think that when that is considered by the court, it is not going to include something unpleasant that makes a person feel terrible and leads them to a bad place. That is not the purpose of the clause. In the context of this legislation, “encouraging” has to mean a direct incitement.
[Official Report, Criminal Justice Public Bill Committee, 11 January 2024, Vol. 743, c. 163.]
Letter of correction from the Under-Secretary of State for Justice, the hon. Member for Newbury (Laura Farris):
An error has been identified in my response to the speech by the hon. Member for Birmingham, Yardley (Jess Phillips).
The correct information should have been:
[Official Report, Criminal Justice Public Bill Committee, 11 January 2024, Vol. 743, c. 163.]
Letter of correction from the Under-Secretary of State for Justice, the hon. Member for Newbury (Laura Farris):
An error has been identified in my response to the speech by the hon. Member for Birmingham, Yardley (Jess Phillips).
The correct information should have been:
The point was made about a person having a difficult experience of litigation against the Home Office, and we heard the example of the high-profile case related to the effect of an Ofsted inspection; there could be a number of other scenarios. I think we have to look at clause 11(1)(b) when we are thinking about those. We are not considering simply whether the perpetrator is said to have done an act that is capable of encouraging self-harm. By the way, I think that when that is considered by the court, it is not going to include something unpleasant that makes a person feel terrible and leads them to a bad place. That is not the purpose of the clause.
We are also creating two offences to do with the installation of spycams, which I am afraid we see more and more of in cases going through the courts: an offence of installing, adapting, preparing or maintaining equipment with the intention of taking or recording intimate photograph or film; and an offence of supplying for that purpose. To be clear, it will not be necessary for the image to have been taken; if equipment was installed for that purpose, that is enough to meet the requirements of the offence.
[Official Report, Criminal Justice Public Bill Committee, 11 January 2024, Vol. 743, c. 166.]
Letter of correction from the Under-Secretary of State for Justice, the hon. Member for Newbury (Laura Farris):
An error has been identified in my speech.
The correct information should have been:
[Official Report, Criminal Justice Public Bill Committee, 11 January 2024, Vol. 743, c. 166.]
Letter of correction from the Under-Secretary of State for Justice, the hon. Member for Newbury (Laura Farris):
An error has been identified in my speech.
The correct information should have been:
We are also creating an offence to do with the installation of spycams, which I am afraid we see more and more of in cases going through the courts. It is an offence of installing, adapting, preparing or maintaining equipment with the intention of taking or recording intimate photograph or film. To be clear, it will not be necessary for the image to have been taken; if equipment was installed for that purpose, that is enough to meet the requirements of the offence.
One of the challenges in adopting a definition of “intimate” that includes, for example, the removal of a hijab is that we are creating a criminal offence of that image being shared. It would not be obvious to anyone in this country who received a picture of a woman they did not know with her hair exposed that they were viewing an intimate image and committing a criminal offence.
[Official Report, Criminal Justice Public Bill Committee, 11 January 2024, Vol. 743, c. 168.]
Letter of correction from the Under-Secretary of State for Justice, the hon. Member for Newbury (Laura Farris):
An error has been identified in my response to the speech by the hon. Member for Birmingham, Yardley (Jess Phillips).
The correct information should have been:
[Official Report, Criminal Justice Public Bill Committee, 11 January 2024, Vol. 743, c. 168.]
Letter of correction from the Under-Secretary of State for Justice, the hon. Member for Newbury (Laura Farris):
An error has been identified in my response to the speech by the hon. Member for Birmingham, Yardley (Jess Phillips).
The correct information should have been:
One of the challenges in adopting a definition of “intimate” that includes, for example, the removal of a hijab is that we are creating a criminal offence of that image being shared. It would not be obvious to anyone in this country who received a picture of a woman they did not know with her hair exposed that they were viewing an intimate image and if they shared it would potentially be committing a criminal offence.