Sir Roger Gale
MP for Herne Bay and Sandwich · Conservative · United Kingdom
“In welcoming the Prime Minister to his place, let me say that I noticed his criticism of the water companies—a justified criticism, in many cases. May I direct his attention to the predatory activities of another private company?”
“The Secretary of State appears to think it is scaremongering to suggest that, with effect from this weekend, passenger and freight traffic using the channel tunnel and the port of Dover will be disrupted as a result of the European entry and exit system.”
“Before I call Esther McVey to move the motion, and then the Minister to respond, I remind Members that they may make a speech only with the prior permission of the Member in charge of the debate. No such notice has been given.”
“As the Minister has indicated, over the spring bank holiday there was chaos at Dover, at St Pancras and at the channel tunnel because of the failure of the EES. The French authorities were quite simply not prepared or able to implement the facilities properly.”
“This House has the capacity to criticise, but it also has the capacity to be fair. The Minister probably finds himself between a rock and a cliff face in a situation that he did not make himself. That does not absolve the MCA from the criticism that has rightly been levelled at it earlier today.”
“To ask the Secretary of State for the Home Department, what measures the Government have put in place to ensure that in the coming holiday season, travellers and business freight are not delayed at our ports, our international railway stations and our airports as a result of the imposition of the European entry and exit system.”
The complete record
Every one of 723 lines we hold for Sir Roger Gale, in date order, each linked to its source. Free to read, in full, without an account. Page 8 of 15.
“Order. Before the hon. Lady proceeds, I note that 21 Members wish to participate in the debate. I understand that this is an important subject and I have no desire whatsoever to curtail either the debate or the right of hon. Members to intervene—I appreciate only too well the urgency of getting one’s point on the record—but if those on the Front Bench, or indeed any other hon. Member, give way too many times, not all will be called to speak. It is important that every hon. Member who wishes to speak can do so, and I therefore hope that we can resist the temptation to intervene whenever not necessary.”
“Order. After the next speaker, I will impose a time limit of 10 minutes, which, as they say, is not a target but a maximum. If hon. Members adhere to it, we will have time for the Front-Bench spokespeople and we will have the ability to accommodate every hon. Member who seeks to speak. I call Peter Aldous.”
“Government amendment 161. Government amendment 163. Government amendments 154 to 157. Government amendment 70. Government amendments 158 and 159.”
“Amendment 160, page 110, line 14, at end insert— “Online Safety Act 2023 21 In Schedule 7 to the Online Safety Act 2023 (priority offences), after paragraph 31 insert— “Non-consensual intimate photograph or film 31A An offence under any of the following provisions of the Sexual Offences Act 2003— (a) section 66A (sending etc photograph or film of genitals); (b) section 66AA (taking or recording intimate photograph or film); (c) section 66AC (installing etc equipment to enable taking or recording of intimate photograph or film); (d) section 66B (sharing or threatening to share intimate photograph or film).”” This amendment makes non-consensual intimate photographs and films “priority illegal content” and so subject to duties to prevent individuals from encountering such content and to minimise the length of time such content is present (as is currently the case for child sexual exploitation and abuse content).”
“(3) A person who commits an offence under subsection (1) 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 two years.” This amendment would make the creation of ”deepfake” intimate images an offence.”
“Amendment 56, in schedule 2, page 105, line 4, at end insert— “66AD Faking intimate photographs or films using digital technology (1) A person (A) commits an offence if A intentionally creates or designs using computer graphics or any other digital technology an image or film which appears to be a photograph or film of another person (B) in an intimate state for the purposes of— (a) sexual gratification, whether of themselves or of another person; (b) causing alarm, distress or humiliation to B or any other person; or (c) committing an offence under sections 66A or 66B of the Sexual Offence Act 2003. (2) It is a defence to a charge under subsection (1) to prove that— (a) A had a reasonable excuse for creating or designing the image or film, or (b) that B consented to its creation.”
“Amendment 62, page 41, line 8, at end insert— “(4) In section 1 of the Coroners and Justice Act 2009, after subsection 2(c) insert— “(d) the deceased died while in custody or otherwise in state detention in a foreign country pursuant to a warrant issued by the Secretary of State under section 26 of the Criminal Justice Act 2024 (warrant for transfer of prisoner to or from foreign prison).”” This amendment would clarify how the government intends to apply its obligations under Article 2 (right to life) of the Human Rights Act, through ensuring the duties of the coroner also apply to any death involving a prisoner subject to a transfer agreement with a foreign country.”
“This amendment would ensure that the prisons inspectorate must conduct the duties specified in new section 5A(5D) of the Prisons Act 1952 and ensures its consistency with the legislative basis for its role in England and Wales. Amendment 61, page 41, line 4, after “prisons” insert “and escort arrangements”. This amendment would ensure that HM Inspectorate of Prisons can inspect escort arrangements under which prisoners are transferred to foreign prisons. This would bring the legislation into line with inspectorate’s powers in relation to UK prisons and escort arrangements under amendments to the Prisons Act made by the Immigration, Asylum and Nationality Act 2006 (s.46) and ensures scrutiny of an area of evidenced risk.”
“It excludes people with less than 6 months to serve, those serving indeterminate sentences for public protection and those who need to be detained in the UK for education/training purposes or for legal proceedings (e.g. parole). Amendment 59, in clause 35, page 40, line 41, at end insert— “(c) report to the Secretary of State on any breaches of the arrangement made between the United Kingdom and a foreign country.” This amendment would require the Controller to make a report to the Secretary of State on any breaches of the arrangement between the foreign country and the UK. Amendment 60, page 41, line 3, leave out “may” and insert “must”.”
“Government amendments 151 to 153 Amendment 58, in clause 33, page 39, line 14, at end insert — “(2A) The Secretary of State may not issue a warrant under subsection (2) where— (a) the prisoner has less than 180 days to serve of the requisite custodial period; (b) the prisoner is serving an indeterminate sentence of imprisonment or detention for public protection; or (c) the Secretary of State is satisfied that the prisoner should continue to be detained in a domestic prison for the purposes of— (i) receiving instruction or training which cannot reasonably be provided in a prison in the foreign country, or (ii) participating in any proceeding before any court, tribunal or inquiry where it is not reasonably practicable for the participation or to take place in a prison in the foreign country.” The amendment would introduce exclusions on the type of prisoner that could be issued with a warrant to serve their sentence in a foreign country.”
“(4A) Conditions referred to in subsection (4) may only be added if the court is satisfied that there are sufficient, properly trained and equipped staff available to give effect to the order, and the conditions added to it, safely.” This amendment would ensure the courts satisfies itself that staff would not be put at risk when ordering a defendant to attend sentencing.”
“Amendment 40, page 11, line 7, after “causes” insert “or attempts to cause”. Amendment 41, page 11, line 9, leave out from “aggrieve” to end of line 10 and insert “, annoy or humiliate the other person, or for the purposes of the entertainment of the person or any other person.” Government amendments 144 to 150 Amendment 57, in clause 28, page 34, leave out lines 34 and 35 and insert— “(4) The court may, as part of an order under subsection (2), add conditions about the use of reasonable force, if necessary and proportionate, to give effect to an order under subsection (2).”
“Amendment 33, page 10, line 19, after “administers” insert “or attempts to administer”. Amendment 34, page 10, line 20, after “administration” insert “or attempted administration”. Amendment 35, page 10, line 23, after “causes” insert “or attempts to cause”. Amendment 36, page 10, line 25, after “administration” insert “attempted administration”. Amendment 37, page 10, line 26, leave out from “life” to end of line 27 and insert “, inflicts grievous bodily harm on them, or causes them annoyance or humiliation, and”. Government amendments 142 and 143. Amendment 38, page 11, line 3, leave out from “Administering” to end of line 4 and insert “or attempting to administer etc harmful substance with intent to injure, aggrieve, annoy or humiliate”. Amendment 39, page 11, line 6, after “administers” insert “or attempts to administer”.”
“(5) The report under subsection (3) must include— (a) the number of convictions for offences under section 139AB of the Criminal Justice Act 1988 in each year for which this section has been in force; (b) the types of relevant weapon involved in such offences; (c) details of how the individual came into the possession of the relevant weapon, including details of whether any laws relating to the sale or delivery of bladed or other offensive articles were breached; and (d) recommendations on whether, in light of the findings of the report, further review is needed on existing laws and processes relating to the sale or delivery of bladed or other offensive articles.” Amendment 32, in clause 13, page 10, line 15, after “Administering” insert “or attempting to administer”.”
“Ancillary offences 37 (1) An offence of attempting or conspiring to commit an offence listed in this Schedule. (2) An offence committed by aiding, abetting, counselling or procuring an offence listed in this Schedule. (3) An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence listed in this Schedule.” Amendment 69, in clause 9, page 7, line 36, at end insert— “(3) The Secretary of State must, within two years of the date of Royal Assent to this Act, publish a report on convictions for the offence introduced by this section. (4) In preparing the report under subsection (3) the Secretary of State must consult with whichever individuals or bodies the Secretary of State sees fit.”
“Domestic Violence, Crime and Victims Act 2004 (c. 28) 34 An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm). Terrorism Act 2006 (c. 11) 35 An offence under any of the following provisions of the Terrorism Act 2006— • section 5 (preparation of terrorist acts) • section 6 (training for terrorism) • section 9 (making or possession of radioactive device or material) • section 10 (use of radioactive device or material for terrorist purposes) • section 11 (terrorist threats relating to radioactive devices etc). Modern Slavery Act 2015 (c. 30) 36 An offence under any of the following provisions of the Modern Slavery Act 2015— • section 1 (slavery, servitude and forced or compulsory labour) • section 2 (human trafficking).”
“42) 33 An offence under any of the following provisions of the Sexual Offences Act 2003— • section 1 (rape) • section 2 (assault by penetration) • section 3 (sexual assault) • section 4 (causing person to engage in sexual activity without consent) • section 5 (rape of child under 13) • section 6 (assault of child under 13 by penetration) • section 7 (sexual assault of child under 13) • section 8 (causing or inciting child under 13 to engage in sexual activity) • section 9 (sexual activity with a child) • section 10 (causing or inciting a child to engage in sexual activity) • section 13 (child sex offences committed by children or young persons) • section 14 (arranging or facilitating commission of child sex offence) • section 15 (meeting a child following sexual grooming) • section 16 (abuse of position of trust: sexual activity with a child) • section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity) • section 18 (abuse of position of trust: sexual activity in presence of child) • section 19 (abuse of position of trust: causing a child to watch a sexual act) • section 25 (sexual activity with a child family member) • section 26 (inciting a child family member to engage in sexual activity) • section 30 (sexual activity with a person with a mental disorder impeding choice) • section 31 (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity) • section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice) • section 33 (causing a person with a mental disorder impeding choice to watch a sexual act) • section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder) • section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception) • section 36 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder) • section 37 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception) • section 38 (care workers: sexual activity with a person with a mental disorder) • section 39 (care workers: causing or inciting sexual activity) • section 40 (care workers: sexual activity in the presence of a person with a mental disorder) • section 41 (care workers: causing a person with a mental disorder to watch a sexual act) • section 47 (paying for sexual services of a child) • section 48 (causing or inciting child prostitution or pornography) • section 49 (controlling a child prostitute or a child involved in pornography • section 50 (arranging or facilitating child prostitution or pornography) • section 61 (administering a substance with intent) • section 62 (committing offence with intent to commit sexual offence) • section 63 (trespass with intent to commit sexual offence) • section 64 (sex with an adult relative: penetration) • section 65 (sex with an adult relative: consenting to penetration) • section 66 (exposure) • section 67 (voyeurism) • section 70 (sexual penetration of a corpse).”
“31) 32 An offence under any of the following provisions of the Female Genital Mutilation Act 2003— • section 1 (female genital mutilation) • section 2 (assisting a girl to mutilate her own genitalia) • section 3 (assisting a non-UK person to mutilate overseas a girl’s genitalia). Sexual Offences Act 2003 (c.”
“International Criminal Court Act 2001 (c. 17) 30 An offence under any of the following provisions of the International Criminal Court Act 2001— • section 51 (genocide, crimes against humanity and war crimes) • section 52 (ancillary conduct). Anti-terrorism, Crime and Security Act 2001 (c. 24) 31 An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001— • section 47 (use of nuclear weapons) • section 50 (assisting or inducing certain weapons-related acts overseas) • section 113 (use of noxious substance or thing to cause harm or intimidate). Female Genital Mutilation Act 2003 (c.”
“40) 27 An offence under any of the following provisions of the Protection from Harassment Act 1997— • section 4 (putting people in fear of violence) • section 4A (stalking involving fear of violence or serious alarm or distress). Crime and Disorder Act 1998 (c. 37) 28 An offence under any of the following provisions of the Crime and Disorder Act 1998 — • section 29 (racially or religiously aggravated assaults) • section 31(1)(a) or (b) (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986). Terrorism Act 2000 (c. 11) 29 An offence under any of the following provisions of the Terrorism Act 2000— • section 54 (weapons training) • section 56 (directing terrorist organisation) • section 57 (possession of article for terrorist purposes) • section 59 (inciting terrorism overseas).”
“Aviation and Maritime Security Act 1990 (c. 31) 25 An offence under any of the following provisions of the Aviation and Maritime Security Act 1990— • section 1 (endangering safety at aerodromes) • section 9 (hijacking of ships) • section 10 (seizing or exercising control of fixed platforms) • section 11 (destroying fixed platforms or endangering their safety) • section 12 (other acts endangering or likely to endanger safe navigation) • section 13 (offences involving threats). Channel Tunnel (Security) Order 1994 (S.I. 1994/570) 26 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (SI 1994/570) (offences relating to Channel Tunnel trains and the tunnel system). Protection from Harassment Act 1997 (c.”
“20) 20 An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients). Child Abduction Act 1984 (c. 37) 21 An offence under any of the following provisions of the Child Abduction Act 1984— • section 1 (abduction of child by parent etc) • section 2 (abduction of child by other persons). Public Order Act 1986 (c. 64) 22 An offence under any of the following provisions of the Public Order Act 1986— • section 1 (riot) • section 2 (violent disorder). Criminal Justice Act 1988 (c. 33) 23 An offence under section 134 of the Criminal Justice Act 1988 (torture). Road Traffic Act 1988 (c. 52) 24 An offence under any of the following provisions of the Road Traffic Act 1988— • section 1 (causing death by dangerous driving) • section 3A (causing death by careless driving when under the influence of drink or drugs).”
“Customs and Excise Management Act 1979 (c. 2) 17 An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles). Taking of Hostages Act 1982 (c. 28) 18 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking). Aviation Security Act 1982 (c. 36) 19 An offence under any of the following provisions of the Aviation Security Act 1982— • section 1 (hijacking) • section 2 (destroying, damaging or endangering safety of aircraft) • section 3 (other acts endangering or likely to endanger safety of aircraft) • section 4 (offences in relation to certain dangerous articles). Mental Health Act 1983 (c.”
“60) 14 An offence under any of the following provisions of the Theft Act 1968— • section 8 (robbery or assault with intent to rob) • section 9 (burglary), where the offence is committed with intent to inflict grievous bodily harm on a person, or to do unlawful damage to a building or anything in it • section 10 (aggravated burglary) • section 12A (aggravated vehicle-taking), where the offence involves an accident which causes the death of any person • section 21 (blackmail). Criminal Damage Act 1971 (c. 48) 15 The following offences under the Criminal Damage Act 1971— • an offence of arson under section 1 • an offence under section 1(2) (destroying or damaging property) other than an offence of arson. Immigration Act 1971 (c. 77) 16 An offence under section 25 of the Immigration Act 1971 (assisting unlawful immigration to member state).”
“36) 12 An offence under section 1 of the Infanticide Act 1938 (infanticide). Firearms Act 1968 (c. 27) 13 An offence under any of the following provisions of the Firearms Act 1968— • section 5 (possession of prohibited firearms) • section 16 (possession of firearm with intent to endanger life) • section 16A (possession of firearm with intent to cause fear of violence) • section 17(1) (use of firearm to resist arrest) • section 17(2) (possession of firearm at time of committing or being arrested for specified offence) • section 18 (carrying firearm with criminal intent). Theft Act 1968 (c.”
“Explosive Substances Act 1883 (c. 3) 8 An offence under any of the following provisions of the Explosive Substances Act 1883— • section 2 (causing explosion likely to endanger life or property) • section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property) • section 4 (making or possession of explosives under suspicious circumstances). Infant Life (Preservation) Act 1929 (c. 34) 9 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction). Children and Young Persons Act 1933 (c. 12) 10 An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children). Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6) 11 An offence under section 2 of the Public Order Act 1936 (control etc of quasi-military organisation). Infanticide Act 1938 (c.”
“100) 7 An offence under any of the following provisions of the Offences Against the Person Act 1861— • section 4 (soliciting murder) • section 16 (threats to kill) • section 18 (wounding with intent to cause grievous bodily harm) • section 20 (malicious wounding) • section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence) • section 22 (using drugs etc to commit or assist in the committing of an indictable offence) • section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm) • section 27 (abandoning children) • section 28 (causing bodily injury by explosives) • section 29 (using explosives with intent to do grievous bodily harm) • section 30 (placing explosives with intent to do bodily injury) • section 31 (setting spring guns etc with intent to do grievous bodily harm) • section 32 (endangering safety of railway passengers) • section 35 (injuring persons by furious driving) • section 37 (assaulting officer preserving wreck) • section 38 (assault with intent to resist arrest).”
“(2) The court must have particular regard to the desirability of compensating the victim of the offence for injury, loss or damage, including economic loss, resulting from the offence.”” Government new schedule 4— Cuckooing: specified offences. New schedule 1— Offences to which the defence for victims of domestic abuse who commit an offence does not apply— “Schedule Common Law Offences 1 False imprisonment. 2 Kidnapping. 3 Manslaughter. 4 Murder. 5 Perverting the course of justice. 6 Piracy. Offences against the Person Act 1861 (c.”
“(4) Where P is guilty of an offence under this section, P is liable— (a) on summary conviction, to a fine; (b) on conviction on indictment, to a fine.” New clause 93— Compensation orders: loss suffered by victim— “In the Sentencing Act 2020 after section 138 insert — “138A Loss suffered by victim of offence of coercive and controlling behaviour (1) Subsection (2) applies where the court is determining whether to make a compensation order against an offender in respect of an offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).”
“(2) For the purposes of this section— “senior manager” means an individual who plays a significant role in— (a) the making of decisions about how C’s relevant activities are to be managed or organised, or (b) the actual managing or organising of C’s relevant activities; “water or water and sewerage company” has the meaning given in section [Offence of failing to meet pollution performance commitment levels]. (3) Where P is charged with an offence under this section, it is a defence for P to show that P was a senior manager of C for such a short time during the relevant period that P could not reasonably have been expected to take steps to prevent that offence being committed by C.”
“(3) If guilty of an offence under this section, C is liable— (a) on summary conviction, to a fine; (b) on conviction on indictment, to a fine.” New clause 92— Senior manager liability for failure to meet pollution performance commitment levels— “(1) A person (“P”) commits an offence where— (a) P is a senior manager of a water or water and sewerage company (“C”), (b) C commits an offence under section [Offence of failing to meet pollution performance commitment levels], and (c) P has failed to take all reasonable steps to prevent that offence being committed by C.”
“(2) For the purposes of this section— “water or water and sewerage company” means companies which are responsible for the provision of water, or water and sewerage, services and which are regulated by Ofwat and the Environment Agency; “pollution performance commitment level” means the level of performance on pollution that the company has committed to deliver, and which is reported against by Ofwat in its annual water company performance report; “total pollution incidents per 10,000km2” and “serious pollution incidents” mean the relevant figures under those headings reported by the Environment Agency in its annual environmental performance report.”
“New clause 91— Offence of failing to meet pollution performance commitment levels— “(1) A water or water and sewerage company (“C”) commits an offence where C has— (a) failed to meet its pollution performance commitment level for three consecutive years; or (b) experienced an increase in— (i) total pollution incidents per 10,000km2, or (ii) serious pollution incidents for three consecutive years.”
“(4) Where P is guilty of an offence under this section, P 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 five years or a fine (or both).” New clause 61— Classification of Fenethylline as a Class A drug — “In Schedule 2 (Controlled Drugs) to the Misuse of Drugs Act 1971, after “Etryptamine” insert “Fenethylline”.” This new clause would add Fenethylline – also known by the brand names Captagon, Biocapton, and Fitton – to the list of Class A drugs under the Misuse of Drugs Act 1971.”
“(2) For the purposes of this section— (a) “internet service” has the meaning given in section 228 of the Online Safety Act 2023; (b) “senior manager” means an individual who plays a significant role in— (i) the making of decisions about how C’s relevant activities are to be managed or organised, or (ii) the actual managing or organising of C’s relevant activities. (3) Where P is charged with an offence under this section, it is a defence for P to show that P was a senior manager of C for such a short time during the relevant period that P could not reasonably have been expected to take steps to prevent that offence being committed by C.”
“(3) Regulations laid under subsection (1) must— (a) be laid within six months of the date of Royal Assent to this Act, (b) be laid following consultation on the definitions of possession for sporting use and possession of antiques, and (c) include, subject to the results of the consultation under subsection (3)(b), exemptions for sporting use and for possession of antiques.” New clause 60— Senior manager liability for illegal sale of bladed articles — “(1) A person “P” commits an offence where— (a) P is a senior manager of an internet service “C”, (b) C commits an offence under— (i) sections 141A or 141B of the Criminal Justice Act 1988; or (ii) sections 38 to 42 of the Offensive Weapons Act 2019, and (c) P has failed to take all reasonable steps to prevent that offence being committed by C.”
“(b) 5 years or a fine or both.”” New clause 59— Ban on “ninja swords”— “(1) The Secretary of State must exercise their powers under section 141(2) of the Criminal Justice Act 1988 to amend the Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 as follows. (2) In paragraph 1, after sub-paragraph (t) insert— “(u) the weapon sometimes known as a “ninja sword”, “katana” or “ninjato”, being a single-edged straight blade of up to 60cm in length with a long hilt or guard”.”
“(2) For the purposes of subsection (1)(c), mechanically propelled personal transporters are to be defined in regulations made by the Secretary of State under this section.” (5) The Road Traffic Offenders Act 1988 is amended as follows. (6) In the table in Part 1 of Schedule 2, after the row beginning “RTA section 27” insert in columns 1 to 4— “RTA Section 27ACausing death by dangerous cycling.On indictment.14 years. RTA Section 27B Causing serious injury by dangerous cycling. (a) Summarily. (b) On indictment. (a) 12 months or the statutory maximum or both. (b) 5 years of a fine or both. RTA Section 27C Causing death by careless of inconsiderate cycling. (a) Summarily. (b) On indictment. (a) 12 months (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both.”
“27C Causing death by careless or inconsiderate cycling A person who causes the death of another person by riding a cycle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.” (3) In section 28 (dangerous cycling), after subsection (3) insert— “(4) For the purposes of subsection (2), what would be expected of a competent and careful cyclist includes that their cycle is equipped and maintained in accordance with regulations made under section 81 of this Act.” (4) After section 32 (electrically assisted pedal cycles), insert— “32A Interpretation of sections 27A to 32 (1) For the purposes of sections 27A to 32 of this Act, “a cycle” includes but is not limited to— (a) a pedal cycle, (b) an electrically assisted pedal cycle, and (c) a mechanically propelled personal transporter, including— (i) an electric scooter, (ii) a self-balancing personal transporter (including a self-balancing scooter, self-balancing board or electric unicycle), and (iii) any other mechanically propelled personal transporter provided for by the Secretary of State in regulations made under this section.”
“(2) Before section 28 (dangerous cycling) insert— “27A Causing death by dangerous cycling A person who causes the death of another person by riding a cycle dangerously (as defined in section 28) on a road or other public place is guilty of an offence. 27B Causing serious injury by dangerous cycling (1) A person who causes serious injury to another person by riding a cycle dangerously (as defined in section 28) on a road or other public place is guilty of an offence. (2) In this section “serious injury means— (a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and (b) in Scotland, severe physical injury.”
“(4) A person guilty of an offence under this section is liable— (a) if the offence for which C was, or was attempted to be, recruited was murder, to imprisonment for life, (b) if C was, or was attempted to be, recruited for any other offence, to the penalty to which a person guilty of that offence would be liable. (5) For the purposes of this section— “child” means a person under the age of 18; “criminal activity” means any activity or conduct which constitutes a criminal offence; to “recruit” includes by direction, inducement, incitement, coercion or compulsion.” New clause 57— Offence of causing death or serious injury by dangerous, careless or inconsiderate cycling— “(1) The Road Traffic Act 1988 is amended as follows.”
“New clause 55— Offence of child criminal exploitation — “(1) A person (“P”) commits an offence if they— (a) recruit or attempt to recruit, or (b) ask or compel another person to recruit or attempt to recruit, a child (“C”) for the purpose of C’s involvement in criminal activity. (2) An offence is committed under subsection (1) regardless of whether C— (a) engages in criminal activity, or (b) is prosecuted for or found guilty of a criminal offence. (3) It is not a defence to a charge under subsection (1) to prove that P did not know that C was a child.”
“(8) The Secretary of State may by regulations amend Schedule [Offences to which the defence for victims of domestic abuse who commit an offence does not apply]. (9) The Secretary of State must make arrangements for monitoring of the types of offence for which victims of domestic abuse are prosecuted and use this evidence to inform an annual review of the offences listed in Schedule [Offences to which the defence for victims of domestic abuse who commit an offence does not apply] and any amendment to Schedule [Offences to which the defence for victims of domestic abuse who commit an offence does not apply].” Statutory defence for victims of domestic abuse who may have been coerced into committing certain crimes as a result of being a victim of domestic abuse.”
“(4) A person is not guilty of an offence if— (a) the person is under the age of 18 when the person does the act which constitutes the offence, (b) the person does that act as a direct consequence of the person being, or having been, a victim of domestic abuse as defined at subsection (3)(a) above, and (c) a reasonable person in the same situation as the person and having the person’s relevant characteristics would do that act. (5) For the purposes of this section “relevant characteristics” means age, sex, any physical or mental illness or disability and any experience of domestic abuse. (6) In this section references to an act include an omission. (7) Subsections (1) and (4) do not apply to an offence listed in Schedule [Offences to which the defence for victims of domestic abuse who commit an offence does not apply].”
“(3) Compulsion is attributable to domestic abuse only if— (a) it is, or is part of, conduct which constitutes domestic abuse as defined in sections 1 and 2 of the Domestic Abuse Act 2021, including but not limited to conduct which constitutes the offence of controlling or coercive behaviour in an intimate or family relationship as defined in section 76 of the Serious Crime Act 2015, or (b) it is a direct consequence of a person being, or having been, a victim of such abuse.”
“New clause 50— Defence for victims of domestic abuse who commit an offence — “(1) A person is not guilty of an offence if— (a) the person is aged 18 or over when the person does the act which constitutes the offence, (b) the person does that act because the person is compelled to do it, (c) the compulsion is attributable to their being a victim of domestic abuse, and (d) a reasonable person in the same situation as the person and having the person’s relevant characteristics would have no realistic alternative to doing that act. (2) A person may be compelled to do something by another person or by the person’s circumstances.”
“(8H) Subsection (8G)(b) will only be established if the behaviour concerned is, or is part of, a history of conduct which constitutes domestic abuse as defined in sections 1 and 2 of the Domestic Abuse Act 2021, including but not limited to conduct which constitutes the offence of controlling or coercive behaviour in an intimate or family relationship as defined in section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).” (5) In subsection (9) after “householder cases” insert “and domestic abuse cases”.” Statutory defence for victims of domestic abuse who may have been coerced into committing certain crimes or driven to use force against their abuser, as a result of being a victim of domestic abuse.”
“(4) After subsection (8F) insert— “(8G) For the purposes of this section “a domestic abuse case” is a case where— (a) the defence concerned is the common law defence of self-defence, (b) D is, or has been, a victim of domestic abuse, and (c) the force concerned is force used by D against the person who has perpetrated the abusive behaviour referred to in paragraph (b).”
“(2) After paragraph 9(g) insert— “(h) the fact that the offender strangled the victim as part of the homicide.”” An amendment to instate strangulation as an aggravating factor in murder cases. New clause 49— Reasonable force in domestic abuse cases — “(1) Section 76 of the Criminal Justice and Immigration Act 2008 (reasonable force for purposes of self-defence etc.) is amended as follows. (2) In subsection (5A) after “In a householder case” insert “or a domestic abuse case”. (3) In subsection (6) after “In a case other than a householder case” insert “or a domestic abuse case”.”
“New clause 47— Grooming as an aggravating factor — “(1) After section 72 of the Sentencing Code (supply of psychoactive substance in certain circumstances) insert— “72A Grooming (1) This section applies where a court is considering the seriousness of an offence which is aggravated by grooming. (2) The court— (a) must treat the fact that the offence is aggravated by grooming as an aggravating factor, and (b) must state in open court that the offence is so aggravated.”” Grooming to be seen as an aggravating factor in certain cases where the victim is an adult. New clause 48— Aggravating factor relevant to offence of murder: strangulation— “(1) Schedule 21 to the Sentencing Code (determination of minimum term in relation to mandatory life sentence for murder etc) is amended as follows.”