Session 2010 - 12
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Other Bills before Parliament

Legal Aid, Sentencing and Punishment of Offenders Bill


Legal Aid, Sentencing and Punishment of Offenders Bill
Part 2 — Litigation funding and costs

37

 

50      

Dissolution etc proceedings: orders for sale of property

(1)   

Paragraph 10(1)(a) of Schedule 5 to the Civil Partnership Act 2004 (sale of

property orders) is amended as follows.

(2)   

Omit the “or” at the end of sub-paragraph (i).

(3)   

After sub-paragraph (ii) insert—

5

“(iii)   

an order under paragraph 38A for a payment in

respect of legal services, or”.

Offers to settle

51      

Payment of additional amount to successful claimant

(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

where—

(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

rules of court and has not withdrawn in accordance with those rules,

and

(d)   

any prescribed conditions are satisfied.

(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.

(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

where—

(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rules of court and has not withdrawn in accordance with those rules,

and

(d)   

any prescribed conditions are satisfied.

35

(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.

(6)   

An order under subsection (4)—

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

38

 

(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—

(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

instrument.

(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.

(11)   

In this section—

“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

of money;

“prescribed” means prescribed by order made by the Lord Chancellor.

Costs in criminal cases

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.

Part 3

Sentencing and Punishment of Offenders

Chapter 1

Sentencing

30

General

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.”

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

39

 

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) and (3).

(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

includes a fine.

(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

written form.

(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

the offender’s case and—

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

of justice to do so);

(b)   

where the court was satisfied it would be contrary to the

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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

mentioned in—

(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

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

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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

section 269(2) or (4).”;

(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

the order made,”.

(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

2008;

(c)   

paragraph 84 of Schedule 21 to the Coroners and Justice Act 2009.

Community orders

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

the end date.”

(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

section 177(5);

40

(b)   

subject to that, may fall more than three years after the

date of the order.

    (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

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing

41

 

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

177(5).”

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

section 177(5);

15

(b)   

subject to that, may fall more than three years after the

date of the order.

    (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

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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

section 177(5).”

(5)   

In that Schedule, after paragraph 19 insert—

25

“Extension of order

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

of the order.

      (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

order.

      (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

paragraph 16.”

 
 

 
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Revised 21 June 2011