Police, Crime, Sentencing and Courts Bill

[PR1Berske]

To be introduced to the Commons today.


Source: Justice overhaul to better protect the public and back our police


Selected quotes:

New laws to reform sentencing, the courts and offender management:

• Whole life Orders for the premeditated murder of a child as well as allowing judges to hand out this maximum punishment to 18 to 20-year olds in exceptional cases to reflect the gravity of a crime. For example, acts of terrorism which lead to mass loss of life.
• New powers to halt the automatic early release of offenders who pose a danger to the public.
• For children who commit murder, introducing new starting points for deciding the minimum amount of time in custody based on age and seriousness of offence, and reducing the opportunities for over 18s who committed murder as a child to have their minimum term reviewed.
• Ending the halfway release of offenders sentenced to between four and seven years in prison for serious violent and sexual offences such as rape, manslaughter and GBH with intent. Instead they will have to spend two-thirds of their time behind bars.
• Changing the threshold for passing a sentence below the minimum term for repeat offenders, including key serious offences such as ‘third strike’ burglary which carries a minimum three-year custodial sentence and ‘two strike’ knife possession which has a minimum 6-month sentence for adults, making it less likely that a court will depart from theses minimum terms.
• Reforming criminal records disclosure to reduce the time period people have to declare previous non-violent, sexual or terrorist convictions to employers – covering both adult and youth offences.
• Introducing life sentences for killer drivers.
• Tougher community sentences which double the amount of time offenders can be subject to curfew restrictions to 2 years.
• Extended ‘positions of trusts’ laws to protect teenagers from abuse by making it illegal for sports coaches and religious leaders from engaging in sexual activity with 16 and 17-year-olds.
• New rules to end the need for participants to travel unnecessarily to court by allowing criminal courts to maximise the use of video and audio technology as it develops.
• Enshrining open justice principles by allowing for remote observers – using video and audio technology – across the vast majority of our courts and tribunals improving public access and transparency.
• For the first time enabling profoundly deaf people to sit on juries. Current laws ban the presence of a ‘stranger’ being in the jury deliberation room – this will be scrapped and instead allow a British Sign Language Interpreter into the room.
• Increasing the maximum penalty for criminal damage of a memorial from 3 months to 10 years.
• Stronger youth community sentencing options, including greater use of location monitoring and longer daily curfews, providing robust alternatives to custody.

New protections and powers for the police include:

• Serious Violence Reduction Orders – new stop and search powers against convicted knife offensive weapons offenders designed to ensure offenders are steered away from crime and if they persist in carrying a knife or an offensive weapon, that they are more likely to be caught and put in prison.
• A legal duty on local authorities, the police, criminal justice agencies, health and fire and rescue services to tackle serious violence through sharing data and intelligence.
• Homicide reviews following deaths of adults involving offensive weapons to better understand the drivers of violent crime and stop it happening in the first place.
• Enshrining the police covenant in law.
• Doubling the maximum sentence for assaulting an emergency worker from 12 months to 2 years.
• A new law to allow police to obtain a search warrant for evidence related to the location of human remains where it is not possible to bring about a prosecution, for example where a suspect is dead, unfit to plead, or has already been convicted of the offence in the absence of a body
• Strengthen police powers to tackle non-violent protests that have a significant disruptive effect on the public or on access to Parliament;
• Reform pre-charge bail to better protect vulnerable victims and witnesses. Known as Kay’s Law this will put victims of crime at the heart of police decision making and support the timely progression of investigations.
• Strengthen police powers to tackle unauthorised encampments that significant interfere with a person’s or community’s ability to make use of the land

 

[a_chap]

"Strengthen police powers to tackle non-violent protests that have a significant disruptive effect on the public or on access to Parliament"

My word! I mean what could possibly go wrong this this one...?

"Strengthen police powers to tackle unauthorised encampments that significant interfere with a person’s or community’s ability to make use of the land"

Criminalising trespass?

 

[Pickman's model]

What's the betting the leader of the opposition supports all these things?

 

[Pickman's model]

"Strengthen police powers to tackle non-violent protests that have a significant disruptive effect on the public or on access to Parliament"

My word! I mean what could possibly go wrong this this one...?

"Strengthen police powers to tackle unauthorised encampments that significant interfere with a person’s or community’s ability to make use of the land"

Criminalising trespass?

And what is the police covenant?

 

[PR1Berske]

"Strengthen police powers to tackle non-violent protests that have a significant disruptive effect on the public or on access to Parliament"

My word! I mean what could possibly go wrong this this one...?

"Strengthen police powers to tackle unauthorised encampments that significant interfere with a person’s or community’s ability to make use of the land"

Criminalising trespass?

Well, quite. Both those headlines speak to the heart of Patel's desire to be hard-line on the tabloid favourites of 'the great unwashed' doing their democratic right. So I assume (the full text of the Bill hasn't been printed yet and it will be in immense/dense legal-ese when it does) the right to protest is being stamped upon in response to the BLM movement (I can imagine that the 'all we're doing is sitting down/lying down/kneeling' defence is being targeted by the use of the phrase "non-violent protests...disruptive effect")

I think the latter is tackling the travelling community, to close as many loopholes as they can against the right to set up caravans etc. in the currently legal grey areas of public parks and what-have-you. Another tabloid target. And with immense consequences.

 

[Pickman's model]

Well, quite. Both those headlines speak to the heart of Patel's desire to be hard-line on the tabloid favourites of 'the great unwashed' doing their democratic right. So I assume (the full text of the Bill hasn't been printed yet and it will be in immense/dense legal-ese when it does) the right to protest is being stamped upon in response to the BLM movement (I can imagine that the 'all we're doing is sitting down/lying down/kneeling' defence is being targeted by the use of the phrase "non-violent protests...disruptive effect")

I think the latter is tackling the travelling community, to close as many loopholes as they can against the right to set up caravans etc. in the currently legal grey areas of public parks and what-have-you. Another tabloid target. And with immense consequences.

I think the NV protest they have in mind not BLM but XR

 

[DotCommunist]

I knew there was a judge dredd vibe coming from the home office,. more so than the usual background malevolence

 

[Teaboy]

On the plus side at least deaf people now get the opportunity to duck jury duty. How's that for equality.

 

[PR1Berske]

I think the NV protest they have in mind not BLM but XR

Fair point, yes. A lot of the techniques used must be in the HO's sights for sure.

When the Bill's text gets published I'll link it here, if I remember! It might make for interesting reading, to fill in the blanks.

 

[ItWillNeverWork]

It all seems rather reasonable until you get to the bit about protests and traveller sites.

 

[bellaozzydog]

I agree with one point and that is BSL on juries

the rest can poke it. What’s needed is prison reform and the correct amount of budget injected into the justice system to return fair and just legal processes.
roll back cuts to legal aid

 

[a_chap]

And what is the police covenant?

It's where they train Police nuns.

 

[A380]

And what is the police covenant?

It’s a big box with yellow and blue reflective batternberg pattern on the outside that, when you open it melts Nazi’s faces in an unconvincing way. It’s currently in a crate in the property store at West End Central.

 

[littlebabyjesus]

Yep, we definitely don't lock up enough people. That's the problem here.

 

[SpookyFrank]

And what is the police covenant?

'You scratch my back I'll scratch yours'

Otherwise known as the pork scratching principle.

 

[A380]

I think the NV protest they have in mind not BLM but XR

I think the years of common law saying rozzers have to facilitate peaceful ( note not lawful) protest has caused lots of little veins in the last few Home Secretaries heads to pop. I can’t see this removing that problem for them TBF.

The trespass changes are going to really fuck over Gypsy and Irish traveler communities, which I imagine is the policy intent.

 

[SpookyFrank]

I do support bringing vehicular murder into line with all other kinds of murder though. Not because I think the criminal justice system actually does any good, but just because I prefer it when even shit things have internal consistency.

 

[FridgeMagnet]

Increasing the maximum penalty for criminal damage of a memorial from 3 months to 10 years.
...
Doubling the maximum sentence for assaulting an emergency worker from 12 months to 2 years.

So if you were thinking of vandalising any memorials, basically you might as well assault five coppers instead.

 

[SpookyFrank]

The trespass changes are going to really fuck over Gypsy and Irish traveler.

Yes despite huffing and puffing from the rambler's association travelling folk were always going to be the target here. Unauthorised encampments also folds in protest camps.

 

[SpookyFrank]

I agree with one point and that is BSL on juries

the rest can poke it. What’s needed is prison reform and the correct amount of budget injected into the justice system to return fair and just legal processes.
roll back cuts to legal aid

Also fix that thing where the same contractor is able to run both prisons and probation services.

 

[A380]

Also fix that thing where the same contractor is able to run both prisons and probation services.

They binned private sector probation in June 2020 ( fully back in the public sector by June this year). After pissing who knows how many millions up the wall in a scheme everyone knew would fail. Still party donors’ yachts don’t pay for themselves....

 

[PR1Berske]

So if you were thinking of vandalising any memorials, basically you might as well assault five coppers instead.

"Someone might well be hanged for a sheep as for a lamb."

 

[PR1Berske]

The Bill has been published
Link: Police, Crime, Sentencing and Courts Bill - Parliamentary Bills - UK Parliament

The pdf is over 300 pages, so "summarising" might be a challenge. I'll certainly make do for now with the Bill's long title, viz:

A Bill to make provision about the police and other emergency workers;
to make provision about collaboration between authorities to prevent and reduce serious violence;
to make provision about offensive weapons homicide reviews;
to make provision for new offences and for the modification of existing offences;
to make provision about the powers of the police and other authorities for the purposes of preventing, detecting, investigating or prosecuting crime or investigating other matters;
to make provision about the maintenance of public order;
to make provision about the removal, storage and disposal of vehicles;
to make provision in connection with driving offences;
to make provision about cautions;
to make provision about bail and remand;
to make provision about sentencing, detention, release, management and rehabilitation of offenders;
to make provision about secure 16 to 19 Academies;
to make provision for and in connection with procedures before courts and tribunals;
and for connected purposes."

 

[Pickman's model]

So if you were thinking of vandalising any memorials, basically you might as well assault five coppers instead.

Hope there's a bulk discount

 

[Pickman's model]

The Bill has been published
Link: Police, Crime, Sentencing and Courts Bill - Parliamentary Bills - UK Parliament

The pdf is over 300 pages, so "summarising" might be a challenge. I'll certainly make do for now with the Bill's long title, viz:

That's a shit title, they'll never sell any copies calling it that. A crap bill put together by shitheads would see the proposed legislation fly off the shelves

 

[PR1Berske]

So Section 54 of the Bill proposes to introduce a "noise test". A senior office would be empowered to decide if a protest could, erm, checks, be too noisy.

Clause 54: Imposing conditions on public processions .

This clause amends section 12 of the 1986 Public Order Act to broaden the circumstances in which conditions can be imposed on a public assembly in England and Wales, and provide the Secretary of State a power to make provision about the meaning of “serious disruption to the life of the community” and “serious disruption to the activities of an organisation which are carried out in the vicinity of a public procession”.

516. Subsection (2) amends section 12(1) by broadening the circumstances in which conditions may be imposed on those organising or taking part in a procession to include where the senior police officer reasonably believes that the noise generated by persons taking part in the procession may have a significant relevant impact on persons in the vicinity or may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the procession.

517. Subsection (3) provides for a two-stage test of what is a significant relevant impact on persons in the vicinity. Firstly, new subsection (2A) of section 12 sets out an exhaustive list of the cases in which the noise generated by persons taking part in a public procession may have an impact on persons in its vicinity. These include where it may cause persons of reasonable firmness with the characteristics of persons likely to be in the vicinity to suffer impacts such as serious unease. Secondly, new subsection (2B) of section 12 provides that when considering whether that impact is significant, the senior police officer must have regard to the likely number of people in the vicinity who may experience an impact, the likely duration of that impact, and the likely intensity of that impact.

518. Subsection (4) inserts new subsections (12) to (15) into section 12 of the 1986 Act, which provide the Secretary of State with a power by regulations to make provision about the meaning of “serious disruption to the life of the community” and “serious disruption to the activities of an organisation which are carried on in the vicinity of a public procession”.

 

[PR1Berske]

Section 60 puts restrictions on single-person protests.

Clause 60: Imposing conditions on one-person protests

545. This clause amends the 1986 Act by inserting a new section 14ZA, which will allow for the imposing of conditions on a person organising or carrying on one-person protests where it is reasonably believed that the noise generated by the protest may have a significant relevant impact on persons in its vicinity or that such noise may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the one-person protest.

546. Subsections (1) to (3) of new section 14ZA set out the circumstances in which conditions can be imposed on a person organizing or carrying on one-person protests. Where a senior police officer reasonably believes, having had regard to various factors, that the noise generated by a one-person protest may have a relevant impact on persons in its vicinity or may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the one-person protest, the senior police officer may give directions imposing on the person organising or carrying on the protest such conditions as appear to them necessary to prevent such disruption or impact.

 

[agricola]

And what is the police covenant?

Evidently it doesn't include delivering the pension that some people signed up to.

 

[MickiQ]

Increasing the maximum penalty for criminal damage of a memorial from 3 months to 10 years

Thats one hell of a jump, from 3 months to 1 year mught seem reasonable but a 40-fold increase implies that a raw nerve has been touched somewhere.

 

[A380]

That's a shit title, they'll never sell any copies calling it that. A crap bill put together by shitheads would see the proposed legislation fly off the shelves

Yep, they should have called it:

Harry Potter and the the Bill to make provision about the police and other emergency workers;
to make provision about collaboration between authorities to prevent and reduce serious violence;
to make provision about offensive weapons homicide reviews;
to make provision for new offences and for the modification of existing offences;
to make provision about the powers of the police and other authorities for the purposes of preventing, detecting, investigating or prosecuting crime or investigating other matters;
to make provision about the maintenance of public order;
to make provision about the removal, storage and disposal of vehicles;
to make provision in connection with driving offences;
to make provision about cautions;
to make provision about bail and remand;
to make provision about sentencing, detention, release, management and rehabilitation of offenders;
to make provision about secure 16 to 19 Academies;
to make provision for and in connection with procedures before courts and tribunals;
and for connected purposes in Azkaban.”