Justice

Criminal Justice Bill (sixth sitting)

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.

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.

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.

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.

Criminal Justice Bill (eighth sitting)

Around a quarter of all homicides in England and Wales are classed as domestic. In other words, the perpetrator is a partner or former partner of the victim.

An error has been identified in my speech.

The correct information should have been:

Around a quarter of all homicides in England and Wales are classed as domestic. In other words, the perpetrator is a partner, former partner or relative of the victim.

We have also introduced a new statutory aggravating factor for murders involving gratuitous and excessive force, sometimes referred to as overkill. That is something that Clare Wade found to be strikingly prevalent in not only domestic murders, but all the cases she assessed.

An error has been identified in my speech.

The correct information should have been:

We have also introduced a new statutory aggravating factor for murders involving gratuitous and excessive force, sometimes referred to as overkill. That is something that Clare Wade found to be strikingly prevalent in domestic murders.

A new mitigating factor will apply in cases where the victim of an abusive partner or family member has killed their abuser, in recognition of their experience as a victim of abuse preceding the killing, which is exactly what happened in the Sally Challen case. This is consistent with the conclusion of the Court of Appeal—it is essentially taking the court’s conclusion and making it a statutory mitigating factor.

An error has been identified in my speech.

The correct information should have been:

A new mitigating factor will apply in cases where the victim of an abusive partner or family member has killed their abuser, in recognition of their experience as a victim of abuse preceding the killing, which is what happened in the Sally Challen case.

It is well known that this is the Ben Kinsella amendment, which Jack Straw introduced in 2007 in response to a campaign fought very passionately by Ben’s sister, Brooke, and his family.

An error has been identified in my speech.

The correct information should have been:

It is well known that this is the Ben Kinsella amendment, which Jack Straw introduced in 2010 in response to a campaign fought very passionately by Ben’s sister, Brooke, and his family.

Criminal Justice Bill (10th sitting)

We have strengthened the statutory guidance to require agencies to consider discretionary management under MAPPA in all domestic abuse cases. In the last reporting year, we have seen a 30% increase in the take-up of that offer. For that reason, we consider it appropriate to put it in the Bill.

An error has been identified in my speech.

The correct information should have been:

We have strengthened the statutory guidance to require agencies to consider discretionary management under MAPPA in all domestic abuse cases. In the last reporting year, we have seen a 37% increase in the take-up of that offer. For that reason, we consider it appropriate to put it in the Bill.

I thank the shadow Minister for his speech and for supporting the clause. In answer to his final criticism that we have abandoned women and girls, the Serious Crime Act that created the offence of coercive, controlling behaviour received Royal Assent in February 2015.

An error has been identified in my response to the speech by the hon. Member for Stockton North (Alex Cunningham).

The correct information should have been:

I thank the shadow Minister for his speech and for supporting the clause. In answer to his final criticism that we have abandoned women and girls, the Serious Crime Act that created the offence of coercive, controlling behaviour received Royal Assent in March 2015.