Isil – in the House of Commons at 9:00 pm on 23 February 2015.
Votes in this debate
‘In the Child Abduction Act 1984, after section 2 (offence of abduction of child by other person) insert—
“2A Power to issue a child abduction warning notice
(1) A member of a police force not below the rank of superintendent (“the authorising officer”) may issue a child abduction warning notice (“a CAWN”) under this section.
(2) A CAWN may be issued to a person (“A”) aged 18 years or over if the authorising officer has reasonable grounds for believing that—
(a) A has without lawful authority or reasonable excuse been found in the company of a child (“C”); and
(b) C is reported missing and is found on two or more occasions to be in the company of A; or
(c) there is reason to suspect that C‘s behaviour is, by reason of association with the defendant, giving significant cause for concern.
(3) Before issuing a CAWN, the authorising officer must, in particular, take reasonable steps to gather and consider—
(a) representations made by the person with lawful authority for C; and
(b) representations made by A as to the issuing of the CAWN.
(4) A CAWN must prohibit A from being in the company of C.
2B Contents and service of a child abduction warning notice
(1) A CAWN must state—
(a) the grounds on which it has been issued;
(b) that a constable may arrest A without warrant if the constable has reasonable grounds for believing that A is in breach of the CAWN;
(c) that an application for a child abduction warning order under section 2D will be heard within 48 hours of the time of service of the CAWN and a notice of the hearing will be given to A;
(d) that the CAWN continues in effect until that application has been determined; and
(e) the provisions that a magistrates’ court may include in a child abduction warning order (CAWO) under sections 2D and 2E.
(2) A CAWN must be in writing and must be served on A personally by a constable.
(3) On serving A with a CAWN, the constable must ask A for an address for the purposes of being given the notice of the hearing of the application for the child abduction warning order.
2C Breach of a child abduction warning notice
(1) A person arrested by virtue of section 2B(1)(b) for a breach of a CAWN must be held in custody and brought before the magistrates’ court which will hear the application for a child abduction warning order (CAWO) under sections 2D and 2E—
(a) before the end of the period of 24 hours beginning with the time of the arrest; or
(b) if earlier, at the hearing of that application.
(2) If the person is brought before the court by virtue of subsection (1)(a), the court may remand the person.
(3) If the court adjourns the hearing of the application by virtue of subsection 2D(8), the court may remand the person.
(4) In calculating when the period of 24 hours mentioned in subsection (1)(a) of this section ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.
2D Application for a child abduction warning order
(1) If a CAWN has been issued, a constable must apply for a child abduction warning order (“a CAWO”).
(2) The application must be made by complaint to a magistrates’ court.
(3) The application must be heard by the magistrates’ court no later than 48 hours after the CAWN was served pursuant to section 2B(2).
(4) In calculating when the period of 48 hours mentioned in subsection (3) of this section ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.
(5) A notice of the hearing of the application must be given to A.
(6) The notice is deemed given if it has been left at the address given by A under section 2B(3).
(7) But if the notice has not been given because no address was given by A under section 2B(3), the court may hear the application for the CAWO if the court is satisfied that the constable applying for the CAWO has made reasonable efforts to give A the notice.
(8) The magistrates’ court may adjourn the hearing of the application.
(9) If the court adjourns the hearing, the CAWN continues in effect until the application has been determined.
(10) On the hearing of an application for a CAWO, section 97 of the Magistrates’ Court Act 1980 (summons to witness and warrant for his arrest) does not apply in relation to a person for whose protection the CAWO would be made, except where the person has given oral or written evidence at the hearing.
2E Conditions for and contents of a child abduction warning order
(1) The court may make a CAWO if two conditions are met.
(2) The first condition is that the court is satisfied on the balance of probabilities that one or more of the criteria in section 2A(2)(a)-(c) are satisfied.
(3) The second condition is that the court thinks that making the CAWO is necessary to protect C from harm as a result of association with A.
(4) A CAWO must state that a constable may arrest A without warrant if the constable has reasonable grounds for believing A is in breach of the CAWO.
(5) A CAWO may be in force for—
(a) no fewer than 14 days beginning with the day on which it is made; and
(b) until the date of the 16th birthday of C.
(6) A CAWO must state the period for which it is to be in force.
2F Breach of a child abduction warning order
(1) A person arrested by virtue of section 2E(4) for a breach of a CAWO must be held in custody and brought before a magistrates’ court within the period of 24 hours beginning with the time of the arrest.
(2) If the matter is not disposed of when the person is brought before the court, the court may remand the person.
(3) In calculating when the period of 24 hours mentioned in subsection (1) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial. Dealings Act 1971 are to be disregarded.
2G Further provision about remand
(1) This section applies for the purposes of the remand of a person by a magistrates’ court under section 2C(2) or (3) or 2F(2).
(2) In the application of section 128(6) of the Magistrates’ Court Act 1980 for those purposes, the reference to the “other party” is to be read—
(a) in the case of a remand prior to the hearing of an application for a CAWO, as a reference to the authorising officer; and
(b) in any other case, as a reference to the constable who applied for the CAWO.
(3) If the court has reason to suspect that a medical report will be required, the power to remand a person may be exercised for the purpose of enabling a medical examination to take place and a report to be made.
(4) If the person is remanded in custody for that purpose, the adjournment may not be for more than three weeks at a time.
(5) If the person is remanded on bail for that purpose, the adjournment may not be for more than four weeks at a time.
(6) If the court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Mental Health Act 1983, the court has the same power to make an order under section 35 of that Act (remand to hospital for medical report) as it has under that section in the case of an accused person (within the meaning of that section).
(7) The court may, when remanding the person on bail, require the person to comply before release on bail or later, with such requirements as appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.
2H Guidance
(1) The Secretary of State may issue guidance relating to the exercise by a constable of functions under sections 2A to 2F.
(2) The guidance must set out the behaviours associated with “giving significant cause for concern”, including, in particular, behaviours associated with giving cause for concern of sexual exploitation or grooming.
(3) A constable must have regard to any guidance issued under subsection (1) when exercising a function to which the guidance relates.
(4) Before issuing guidance under this section, the Secretary of State must consult—
(a) the Association of Chief Police Officers;
(b) the National Crime Agency; and
(c) such other persons as the Secretary of State thinks fit.”” —(Diana Johnson.)
This amendment establishes child abduction warning notices (CAWNs) on a statutory basis, addressing concerns raised in the House of Lords on the issue, by introducing a two-stage process providing judicial oversight, without compromising the ability of the police to issue a CAWN without delay. The proposed process is similar to that in place for Domestic Violence Prevention Notices/Domestic Violence Prevention Orders (DVPN/DVPO).
Brought up.
Question put, That the clause be added to the Bill.
The House divided:
Ayes 212, Noes 305.
Division number 160
Isil — New Clause 19 — Child abduction warning notice
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violence occurring within the family
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