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Proceeding contribution from Humfrey Malins (Conservative) in the House of Commons on Monday, 18 January 2010. It occurred during Debate on bill on Crime and Security Bill.


Crime and Security Bill

My hon. Friend is absolutely right. He makes a nuts-and-bolts point. The more such points are made in debates like this, the better. Where does one find a superintendent on a cold Friday night in Oxfordshire? So much for dealing with such cases with speed; it will be quite the reverse. We move on to breach of a domestic violence protection order, assuming that an order is made after the notice. It says here that the defendant "must"—not "may"—be held in custody. Again, that removes a tremendous amount of discretion from those whose position it is to consider bail and somebody's liberty. After a domestic violence protection notice is issued, apparently,""the constable must apply for a domestic violence protection order"." What happens if circumstances change dramatically between the issue of the notice and the hearing of the order? The constable must still apply for an order, because it says so in the Bill. It is another troubling situation. I asked the Home Secretary earlier about penalties for breach of an order. There is no reference whatever to any. However, the Home Secretary has not been long in the job, and I would not expect him to know the details of the Bill, although I am sure that his Ministers do. There is no provision for breach of an injunction. I assume that it is imprisonment, but the Minister will confirm.


Secondary information

Type
Proceeding contribution
Reference
504 c80 
Session
2009-10
Chamber / Committee
House of Commons chamber
Subjects
Compensation Data protection Databases Devolved matters Biometrics Crime Anti-social behaviour Bureaucracy Airguns Convictions Fees and charges Evidence Immobilisation of vehicles Licensing Human rights Dogs Genetics Domestic abuse Ethnic groups Private sector Police Powers Prisons Mobile phones Scotland Sentencing Terrorism Stop and search Young people Young offenders Victims Security guards Anti-social behaviour orders Parenting orders
Legislation
Crime and Security Bill 2009-10
Link
View this Proceeding contribution on www.publications.parliament.uk