New Clause 95: Criminal Justice Bill
New Clause 95 - Cuckooing: interpretation
“(1) This section supplements section (Cuckooing).
(2) A reference to “the dwelling of a person” is to any structure or part of a structure occupied by the person as their home or other living accommodation (whether the occupation is separate or shared with others), together with any yard, garden, grounds, garage or outhouse belonging to it or used with it.
(3) In subsection (2) “structure” includes a tent, caravan, vehicle, vessel or other temporary or movable structure.
(4) The circumstances in which a person “exercises control over the dwelling of another person” (B) include circumstances where the person exercises control (whether temporarily or permanently) over any of the following—
(a) who is able to enter, leave, occupy or otherwise use the dwelling or part of the dwelling;
(b) the delivery of things to, or the collection of things from, the dwelling;
(c) the way in which, or the purposes for which, the dwelling or part of the dwelling is used;
(d) the ability of B to use the dwelling or part of the dwelling for B’s own purposes.
(5) For the purposes of section (Cuckooing)(2), a person is regarded as “consenting” to the exercise of control for the purpose mentioned in section (Cuckooing)(1)(b) only if—
(a) they are aged 18 or over,
(b) they have capacity (within the meaning of the Mental Capacity Act 2005) to give consent to the exercise of control for that purpose,
(c) they are given sufficient information to enable them to make an informed decision about whether to consent,
(d) they give consent freely, and
(e) the consent is not withdrawn.”—(Laura Farris.)