Legal Aid, Sentencing and Punishment of Offenders Bill

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

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Ministry of Justice, are published
separately as Bill 205—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Kenneth Clarke has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:
In my view the provisions of the Legal Aid, Sentencing and Punishment of Offenders
Bill are compatible with the Convention rights.

Bill 205 55/1

Legal Aid, Sentencing and Punishment of

Offenders Bill

Contents
Part 1
Legal aid
Provision of legal aid
1
Lord Chancellor’s functions
2
Arrangements
3
Standards of service
4
Director of Legal Aid Casework
5
Delegation
6
Authorisations
Civil legal aid
7
Civil legal services
8
General cases
9
Exceptional cases
10
Qualifying for civil legal aid
11
Determinations
Criminal legal aid
12
Advice and assistance for individuals in custody
13
Criminal proceedings
14
Advice and assistance for criminal proceedings
15
Representation for criminal proceedings
16
Qualifying for representation
17
Determinations by Director
18
Determinations by court
19
Provisional determinations
Financial resources
20
Financial resources
21
Information about financial resources

Bill 205
55/1

Legal Aid, Sentencing and Punishment of Offenders Bill
ii

Contributions and costs
22
Payment for services
23
Enforcement
24
Charges on property in connection with civil legal services
25
Costs in civil proceedings
Providers of services etc
26
Choice of provider of services etc
27
Position of providers of services
28
Code of conduct
29
Position of other parties, courts and tribunals
Supplementary
30
Legal aid for legal persons
31
Foreign law
32
Restriction on disclosure of information about financial resources
33
Restriction on disclosure of other information
34
Exceptions from restriction under section 33
35
Misrepresentation
36
Abolition of Legal Services Commission
37
Consequential amendments
38
Orders, regulations and directions
39
Interpretation
40
Crown application
Part 2
Litigation funding and costs
Payments for legal services in civil cases
41
Conditional fee agreements: success fees
42
Damages-based agreements
43
Recovery of insurance premiums by way of costs
44
Recovery where body undertakes to meet costs liabilities
45
Divorce etc proceedings: orders for payment in respect of legal services
46
Divorce etc proceedings: matters to be considered by court making legal
services order
47
Divorce etc proceedings: orders for sale of property
48
Dissolution etc proceedings: orders for payment in respect of legal services
49
Dissolution etc proceedings: matters to be considered by court making legal
services order
50
Dissolution etc proceedings: orders for sale of property
Offers to settle
51
Payment of additional amount to successful claimant
Costs in criminal cases
52
Costs in criminal cases

Legal Aid, Sentencing and Punishment of Offenders Bill
iii

Part 3
Sentencing and Punishment of Offenders
Chapter 1
Sentencing
General
53
Court’s duty to consider compensation order
54
Duty to give reasons for and to explain effect of sentence
Community orders
55
Duration of community order
56
Breach of community order
Suspended sentence orders
57
Changes to powers to make suspended sentence order
58
Fine for breach of suspended sentence order
Requirements under community orders and suspended sentence orders
59
Programme requirement
60
Curfew requirement
61
Foreign travel prohibition requirement
62
Mental health treatment requirement
63
Drug rehabilitation requirement
64
Alcohol treatment requirement
Youth sentences
65
Referral orders for young offenders
66
Breach of detention and training order
67
Youth rehabilitation order: curfew requirement
68
Youth rehabilitation order: mental health treatment requirement
69
Youth rehabilitation order: duration
70
Youth rehabilitation order: fine for breach
Repeal of uncommenced provisions
71
Magistrates’ courts’ powers to impose imprisonment
72
Custody plus orders and intermittent custody orders
Chapter 2
Bail
73
Amendment of bail enactments

Legal Aid, Sentencing and Punishment of Offenders Bill
iv

Chapter 3
Remands of children otherwise than on bail
Remands
74
Remands of children otherwise than on bail
Remands to local authority accommodation
75
Remands to local authority accommodation
76
Conditions etc on remands to local authority accommodation
77
Requirements for electronic monitoring
78
Requirements for electronic monitoring: extradition cases
79
Further provisions about electronic monitoring
80
Liability to arrest for breaking conditions of remand
Remands to youth detention accommodation
81
First set of conditions for a remand to youth detention accommodation
82
Second set of conditions for a remand to youth detention accommodation
83
First set of conditions for a remand to youth detention accommodation:
extradition cases
84
Second set of conditions for a remand to youth detention accommodation:
extradition cases
85
Remands to youth detention accommodation
Supplementary
86
Arrangements for remands
87
Looked after child status
88
Minor and consequential amendments
89
Interpretation of Chapter
Chapter 4
Release on licence etc
Calculation of days to be served
90
Crediting of periods of remand in custody
91
Crediting of periods of remand on bail
92
Amendments consequential on sections 90 and 91
Release
93
Prisoners serving less than 12 months
94
Restrictions on early release subject to curfew
Further release after recall
95
Cancellation of revocation of licence
96
Further release after recall

Legal Aid, Sentencing and Punishment of Offenders Bill
v

Other provisions about release
97
Supervision of young offenders after release
98
Miscellaneous amendments relating to release and recall
99
Repeal of uncommenced provisions
Life sentence prisoners
100
Removal of prisoners from the United Kingdom
Application and transitional provision
101
Application and transitional etc provision
Restatement of earlier enactments and transitional provisions
102
Power to restate earlier enactments and existing transitional provisions
Chapter 5
Prisoners etc
103
Employment in prisons: deductions etc from payments to prisoners
104
Transfer of prisoners: prosecution of other offences
105
Transit of prisoners
Chapter 6
Out of court disposals
Penalty notices
106
Penalty notices for disorderly behaviour
Cautions
107
Conditional cautions: involvement of prosecutors
108
Conditional cautions: removal etc of certain foreign offenders
Youth cautions
109
Youth cautions
110
Youth conditional cautions: previous convictions
111
Youth conditional cautions: references to youth offending teams
112
Youth conditional cautions: involvement of prosecutors
Chapter 7
Knives and offensive weapons
113
Offences of threatening with article with blade or point or offensive weapon
in public or on school premises

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Revised 21 June 2011