Member

30: Clause 2, page 6, line 39, at end insert— “(2B) But a suspended order is not available in relation to that sentence if the sentence is in relation to—(a) any offence under the Sexual Offences Act 2003 which involves a child under 13;(b) any offence of grooming or inciting a child to engage in sexual activity;(c) any offence of creating, distributing or possessing indecent images of children;(d) any offence of assault occasioning grievous bodily harm (GBH) or wounding with intent; (e) any offence involving use or possession of a knife or other offensive weapon in the commission of a violent offence;(f) any offence of stalking or harassing a victim with repeated conduct;(g) any offence against a vulnerable person (including children or adults) involving serious harm or risk;(h) any domestic abuse offence where the victim is a current or former partner or family member, including controlling or coercive behaviour and any offence involving violence, threats, or psychological abuse.(2C) The changes made by this section to the power under sections 264 and 277 of the Sentencing Code must not come into force until the Secretary of State has consulted on, and ensured the necessary exclusion list under subsection (2B) is operational for, all offences considered to involve serious violence, sexual offences, offences against children or vulnerable persons and domestic abuse offences.”Member’s explanatory statement This amendment would disapply the ability of the court to suspend sentences to those convicted of the offences listed in the amendment, and would require the Secretary of State to consult on and ensure exclusions for those convicted of other serious violent and sexual offence categories.