Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
Internet Publications
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

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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rules of court and has not withdrawn in accordance with those rules,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rules of court and has not withdrawn in accordance with those rules,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
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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—
(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
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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
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.
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(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
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Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 1 — Sentencing
40

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
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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
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
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
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paragraph 16.”