Moved by
Baroness Meacher
95B: Clause 142, page 139, line 10, at end insert—
“(3A) The condition in this subsection is that the Secretary of State has laid before Parliament a response addressing any issues identified in the report produced under subsection (3).
(3B) A statutory instrument containing regulations under section 178(1) for the purposes mentioned in subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
Member’s explanatory statement
This amendment would ensure that the section concerning Serious Violence Reduction Orders can only be commenced once a report on the pilot has been laid before Parliament and both Houses have voted on its commencement.
95C: Clause 142, page 139, line 10, at end insert—
“(3A) Before making the report under subsection (3), the Secretary of State must obtain, record and publish all reasonably available data, which is relevant to the effect of the operation of Chapter 1A of Part 11 of the Sentencing Code (inserted by section 141) under subsection (2) over a period of no less than 12 months, including—
(a) its impact on the extent to which knives or weapons are carried;
(b) its impact on the rate of serious violence;
(c) the age, race, and sex (within the meaning of section 5, 9 and 11 of the Equality Act 2010) of each person—
(i) in respect of whom an application is made under section 342A(1)(b) of the Sentencing Code;
(ii) in respect of whom a serious violence reduction order is made by a court;
(iii) in respect of whom an application is made under section 342A(1) of the Sentencing Code and the court has adjourned proceedings pursuant to section 342A(8A) or (8B);
(iv) in respect of whom action is taken pursuant to section 342C, 342E, 342F, or 342H of the Sentencing Code; and
(v) who is convicted of an offence within section 342G of the Sentencing Code;
(d) any action which was taken pursuant to sections 342C, 342E, 342F, or 342H of the Sentencing Code, by reference to the age, race and sex of the offender;
(e) the nature of, and reasons recorded for, any such action;
(f) any complaint arising from the exercise of powers under section 342E of the Sentencing Code, the nature and outcome of that complaint, and the age, race and sex of the person who made it;
(g) the offence within section 342G of the Sentencing Code for which any person was convicted and the sentence imposed, by reference to the age, race and sex of that person;
(h) for each serious violence reduction order made—
(i) the offence identified under section 342A(1)(a) of the Sentencing Code;
(ii) whether the order was imposed under subsection 342A(3)(a), (3)(b), (4)(a) or 4(b) of the Sentencing Code; and
(iii) if the order was imposed under subsection 342A(4)(a) or (4)(b), whether the order was made on the basis that the offender knew that a bladed article or offensive weapon was used by another person; or whether the offender ought to have known that this would be the case;
(i) whether that operation of Chapter 1A of the Sentencing Code had a discriminatory, disproportionate or other adverse impact on people sharing the protected characteristic of age, race or sex;
(j) the number of survivors and victims of domestic abuse, including women who have experienced or are experiencing criminal exploitation, coercive control, or other forms of abuse, who are given such orders, broken down by ethnicity, age, and policing borough.
(3B) The report under subsection (3) must include—
(a) an analysis of the effect described in subsection (3A), by reference to the data identified in subsection (3A);
(b) an equality impact assessment of the operation of Chapter 1A of the Sentencing Code as described in subsection (3A);
(c) a description of any guidance or codes of practice, to which the operation of Chapter 1A described in subsection (3A) was subject;
(d) analysis of data assessing the extent to which the pilot has reduced serious violent crime and reoffending by comparison with other areas;
(e) analysis of what evidence is relied on to justify the imposition of serious violence reduction orders, and whether there is any bias in the decision-making process;
(f) analysis of information on the reason for each breach of a serious violence reduction order, any defence pleaded, and the result of the breach proceedings;
(g) analysis of any impacts, including equalities impacts, of other positive requirements or conditions imposed on individuals pursuant to section 342C(1) of the Sentencing Code;
(h) analysis of any impacts, including equalities impacts, of adjournment of proceedings on individuals where the court adjourns proceedings under section 342A(8A) or (8B); and
(i) analysis of any impacts of serious violence reduction orders on survivors and victims of domestic abuse, including women who have experienced or are experiencing criminal exploitation, coercive control, or other forms of abuse, who are given such orders.
(3C) Statistical information collected for the purposes of section (3B) from different pilot areas must be collected and presented in a form which enables direct comparison between those areas.”
Member’s explanatory statement
This amendment strengthens the pilot provided for under Clause 142, with particular attention paid to equalities impacts and impacts on survivors and victims of domestic abuse and criminal exploitation.