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50 | Dissolution etc proceedings: orders for sale of property |
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(1) | Paragraph 10(1)(a) of Schedule 5 to the Civil Partnership Act 2004 (sale of |
| |
property orders) is amended as follows. |
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(2) | Omit the “or” at the end of sub-paragraph (i). |
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(3) | After sub-paragraph (ii) insert— |
| 5 |
“(iii) | an order under paragraph 38A for a payment in |
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respect of legal services, or”. |
| |
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51 | Payment of additional amount to successful claimant |
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(1) | Rules of court may make provision for a court to order a defendant in civil |
| 10 |
proceedings to pay an additional amount to a claimant in those proceedings |
| |
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(a) | the claim is a claim for (and only for) an amount of money, |
| |
(b) | judgment is given in favour of the claimant, |
| |
(c) | the judgment in respect of the claim is at least as advantageous as an |
| 15 |
offer to settle the claim which the claimant made in accordance with |
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rules of court and has not withdrawn in accordance with those rules, |
| |
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(d) | any prescribed conditions are satisfied. |
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(2) | Rules made under subsection (1) may include provision as to the assessment of |
| 20 |
whether a judgment is at least as advantageous as an offer to settle. |
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(3) | In subsection (1) “additional amount” means an amount not exceeding a |
| |
prescribed percentage of the amount awarded to the claimant by the court |
| |
(excluding any amount awarded in respect of the claimant’s costs). |
| |
(4) | The Lord Chancellor may by order provide that rules of court may make |
| 25 |
provision for a court to order a defendant in civil proceedings to pay an |
| |
amount calculated in a prescribed manner to a claimant in those proceedings |
| |
| |
(a) | the claim is or includes a non-monetary claim, |
| |
(b) | judgment is given in favour of the claimant, |
| 30 |
(c) | the judgment in respect of the claim is at least as advantageous as an |
| |
offer to settle the claim which the claimant made in accordance with |
| |
rules of court and has not withdrawn in accordance with those rules, |
| |
| |
(d) | any prescribed conditions are satisfied. |
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(5) | An order under subsection (4) must provide for the amount to be calculated by |
| |
reference to one or more of the following— |
| |
(a) | any costs ordered by the court to be paid to the claimant by the |
| |
defendant in the proceedings; |
| |
(b) | any amount awarded to the claimant by the court in respect of so much |
| 40 |
of the claim as is for an amount of money (excluding any amount |
| |
awarded in respect of the claimant’s costs); |
| |
(c) | the value of any non-monetary benefit awarded to the claimant. |
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(6) | An order under subsection (4)— |
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|
| |
|
| |
|
(a) | must provide that rules made under the order may include provision |
| |
as to the assessment of whether a judgment is at least as advantageous |
| |
as an offer to settle, and |
| |
(b) | may provide that such rules may make provision as to the calculation |
| |
of the value of a non-monetary benefit awarded to a claimant. |
| 5 |
(7) | Conditions prescribed under subsection (1)(d) or (4)(d) may, in particular, |
| |
include conditions relating to— |
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(a) | the nature of the claim; |
| |
(b) | the amount of money awarded to the claimant; |
| |
(c) | the value of the non-monetary benefit awarded to the claimant. |
| 10 |
(8) | Orders under this section are to be made by the Lord Chancellor by statutory |
| |
| |
(9) | A statutory instrument containing an order under this section is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
(10) | Rules of court and orders made under this section may make different |
| 15 |
provision in relation to different cases. |
| |
| |
“civil proceedings” means proceedings to which rules of court made |
| |
under the Civil Procedure Act 1997 apply; |
| |
“non-monetary claim” means a claim for a benefit other than an amount |
| 20 |
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“prescribed” means prescribed by order made by the Lord Chancellor. |
| |
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52 | Costs in criminal cases |
| |
(1) | Schedule 6 (costs in criminal cases) has effect. |
| 25 |
(2) | Schedule 7 (costs in criminal cases: service courts) has effect. |
| |
| |
Sentencing and Punishment of Offenders |
| |
| |
| 30 |
| |
53 | Court’s duty to consider compensation order |
| |
In section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 |
| |
(compensation orders against convicted persons), after subsection (2) insert— |
| |
“(2A) | A court must consider making a compensation order in any case where |
| 35 |
this section empowers it to do so.” |
| |
|
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|
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|
54 | Duty to give reasons for and to explain effect of sentence |
| |
(1) | The Criminal Justice Act 2003 is amended as follows. |
| |
(2) | For section 174 substitute— |
| |
“174 | Duty to give reasons for and to explain effect of sentence |
| |
(1) | A court passing sentence on an offender has the duties in subsections |
| 5 |
| |
(2) | The court must state in open court, in ordinary language and in general |
| |
terms, the court’s reasons for deciding on the sentence. |
| |
(3) | The court must explain to the offender in ordinary language— |
| |
(a) | the effect of the sentence, |
| 10 |
(b) | the effects of non-compliance with any order that the offender |
| |
is required to comply with and that forms part of the sentence, |
| |
(c) | any power of the court to vary or review any order that forms |
| |
part of the sentence, and |
| |
(d) | the effects of failure to pay a fine, if the sentence consists of or |
| 15 |
| |
(4) | The Lord Chancellor may by order— |
| |
(a) | prescribe cases in which either duty does not apply, and |
| |
(b) | prescribe cases in which the statement or explanation may be |
| |
made in the absence of the offender, or may be provided in |
| 20 |
| |
(5) | Subsections (6) to (8) are particular duties of the court in complying |
| |
with the duty in subsection (2). |
| |
(6) | The court must identify any definitive sentencing guidelines relevant to |
| |
| 25 |
(a) | explain how the court discharged any duty imposed on it by |
| |
section 125 of the Coroners and Justice Act 2009 (duty to follow |
| |
guidelines unless satisfied it would be contrary to the interests |
| |
| |
(b) | where the court was satisfied it would be contrary to the |
| 30 |
interests of justice to follow the guidelines, state why. |
| |
(7) | Where, as a result of taking into account any matter referred to in |
| |
section 144(1) (guilty pleas), the court imposes a punishment on the |
| |
offender which is less severe than the punishment it would otherwise |
| |
have imposed, the court must state that fact. |
| 35 |
(8) | Where the offender is under 18 and the court imposes a sentence that |
| |
may only be imposed in the offender’s case if the court is of the opinion |
| |
| |
(a) | section 1(4)(a) to (c) of the Criminal Justice and Immigration Act |
| |
2008 and section 148(1) of this Act (youth rehabilitation order |
| 40 |
with intensive care and supervision or with fostering), or |
| |
(b) | section 152(2) of this Act (discretionary custodial sentence), |
| |
| the court must state why it is of that opinion. |
| |
(9) | In this section “definitive sentencing guidelines” means sentencing |
| |
guidelines issued by the Sentencing Council for England and Wales |
| 45 |
|
| |
|
| |
|
under section 120 of the Coroners and Justice Act 2009 as definitive |
| |
guidelines, as revised by any subsequent guidelines so issued.” |
| |
(3) | In section 270 (duty to give reasons)— |
| |
(a) | for subsection (1) substitute— |
| |
“(1) | Subsection (2) applies where a court makes an order under |
| 5 |
| |
(b) | in subsection (2) for “In stating its reasons” substitute “In complying |
| |
with the duty under section 174(1)(a) to state its reasons for deciding on |
| |
| |
(4) | In consequence of the amendments made by this section omit— |
| 10 |
(a) | paragraph 9(6) of Schedule 1 to the Violent Crime Reduction Act 2006; |
| |
(b) | paragraph 80 of Schedule 4 to the Criminal Justice and Immigration Act |
| |
| |
(c) | paragraph 84 of Schedule 21 to the Coroners and Justice Act 2009. |
| |
| 15 |
55 | Duration of community order |
| |
(1) | In section 177 of the Criminal Justice Act 2003 (general provisions about |
| |
community orders), in subsection (5) (requirement for order to specify date on |
| |
which requirements must have been complied with)— |
| |
(a) | after the first “date” insert “(“the end date”)”, and |
| 20 |
(b) | omit the words from “; and” to the end of the subsection. |
| |
(2) | After that subsection insert— |
| |
“(5A) | If a community order imposes two or more different requirements |
| |
falling within subsection (1), the order may also specify a date by which |
| |
each of those requirements must have been complied with; and the last |
| 25 |
of those dates must be the same as the end date. |
| |
(5B) | Subject to section 200(3) (duration of community order imposing |
| |
unpaid work requirement), a community order ceases to be in force on |
| |
| |
(3) | In Schedule 8 to that Act (breach, revocation or amendment of community |
| 30 |
order), in paragraph 9 (powers of magistrates’ court in case of breach)— |
| |
(a) | in sub-paragraph (3), for the words from “but may” to the end of the |
| |
sub-paragraph substitute “but may only amend the order to substitute |
| |
a later date for that specified under section 177(5) in accordance with |
| |
sub-paragraphs (3ZA) and (3ZB)”, and |
| 35 |
(b) | after that sub-paragraph insert— |
| |
“(3ZA) | A date substituted under sub-paragraph (3)— |
| |
(a) | may not fall outside the period of six months |
| |
beginning with the date previously specified under |
| |
| 40 |
(b) | subject to that, may fall more than three years after the |
| |
| |
(3ZB) | The power under sub-paragraph (3) to substitute a date may |
| |
not be exercised in relation to an order if that power or the |
| |
|
| |
|
| |
|
power in paragraph 10(3) to substitute a date has previously |
| |
been exercised in relation to that order. |
| |
(3ZC) | A date substituted under sub-paragraph (3) is to be treated as |
| |
having been specified in relation to the order under section |
| |
| 5 |
(4) | In that Schedule, in paragraph 10 (powers of Crown Court in case of breach)— |
| |
(a) | in sub-paragraph (3), for the words from “but may” to the end of the |
| |
sub-paragraph substitute “but may only amend the order to substitute |
| |
a later date for that specified under section 177(5) in accordance with |
| |
sub-paragraphs (3ZA) and (3ZB)”, and |
| 10 |
(b) | after that sub-paragraph insert— |
| |
“(3ZA) | A date substituted under sub-paragraph (3)— |
| |
(a) | may not fall outside the period of six months |
| |
beginning with the date previously specified under |
| |
| 15 |
(b) | subject to that, may fall more than three years after the |
| |
| |
(3ZB) | The power under sub-paragraph (3) to substitute a date may |
| |
not be exercised in relation to an order if that power or the |
| |
power under paragraph 9(3) to substitute a date has |
| 20 |
previously been exercised in relation to that order. |
| |
(3ZC) | A date substituted under sub-paragraph (3) is to be treated as |
| |
having been specified in relation to the order under section |
| |
| |
(5) | In that Schedule, after paragraph 19 insert— |
| 25 |
| |
19A (1) | The appropriate court may, on the application of the offender or the |
| |
responsible officer, amend a community order by substituting a later |
| |
date for that specified under section 177(5). |
| |
(2) | A date substituted under sub-paragraph (1)— |
| 30 |
(a) | may not fall outside the period of six months beginning with |
| |
the date previously specified under section 177(5); |
| |
(b) | subject to that, may fall more than three years after the date |
| |
| |
(3) | The power under sub-paragraph (1) may not be exercised in relation |
| 35 |
to an order if it has previously been exercised in relation to that |
| |
| |
(4) | A date substituted under sub-paragraph (1) is to be treated as having |
| |
been specified in relation to the order under section 177(5). |
| |
(5) | In this paragraph “the appropriate court” has the same meaning as in |
| 40 |
| |
|
| |
|