House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Consideration of Bill: 2 November 2011
3902

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Duty to take into account risk of harm to victim when determining whether to grant bail

Mr Elfyn Llwyd

NC10

To move the following Clause:—

‘A defendant aged 18 or over shall not be granted bail unless there are exceptional

circumstances if he or she is accused of a serious sexual offence and any alleged

victim is at risk of physical or mental harm’.

Duty to take into account risk of harm to victim when determining exceptional

circumstances in granting bail

Mr Elfyn Llwyd

NC11

To move the following Clause:—

‘In considering whether there are exceptional circumstances in any case where a

defendant aged 18 or over is accused of a sexual offence the court must take into

account any risk of harm, either physically or mentally, to any alleged victim’.

Duty to impose condition of no contact when granting bail to certain defendants

Mr Elfyn Llwyd

NC12

To move the following Clause:—

‘If bail is granted in exceptional circumstances to a defendant aged 18 or over and

accused of a serious sexual offence the court should impose a condition of no

contact with the alleged victim’.

Duty to remand into custody certain defendants who break terms of bail

Mr Elfyn Llwyd

NC13

To move the following Clause:—

‘If a defendant aged 18 or over is granted bail in exceptional circumstances

having been accused of a serious sexual offence and makes contact with the

Consideration of Bill: 2 November 2011
3903

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

victim or breaches the conditions of their bail in any other way he or she shall be

automatically remanded into custody’.

Approach to settle by an insurance company to a personal injury claimant

Mr Andy Slaughter

NC15

To move the following Clause:—

‘(1)
It shall be an offence for a third party’s insurance company to make an approach

to a claimant who is making a claim for damages for personal injury against that

third party with an offer to settle that claim if that approach is—

(a)
unsolicited; or

(b)
the claimant has legal representation known to the insurance company.

(2)
For the avoidance of doubt “unsolicited” in this section includes the mere

intimation of a claim to the third party or his insurance company without a

specific request for settlement proposals.

(3)
If the third party’s insurance company makes an offer to settle in circumstances

not prohibited by this section, then it must ensure—

(a)
that adequate medical evidence of the personal injury is obtained and

shared with the claimant; and

(b)
the claimant is advised—

(i)
of his right to obtain legal advice before deciding upon the offer;

and

(ii)
in the event of acceptance, that the offer is in full and final

settlement of the claim and cannot later be reopened, if that be

the case.

(4)
In the event of a conviction under this section the penalty shall be an unlimited

fine.’.

Appeal against bail granted in the Crown Court

Mrs Jenny Chapman

NC16

To move the following Clause:—

‘After section 1 of the Bail (Amendment) Act 1993 insert—

“1A
Appeal against a decision granting bail in the Crown Court

(1)
Where a Crown Court grants bail to a person who is charged with or

convicted of an offence triable on indictment the prosecution may appeal

to a Judge of the High Court against the granting of bail.

(2)
Subsection (1) above applies only where the prosecution is conducted—

(a)
by or on behalf of the Director of Public Prosecutions; or

Consideration of Bill: 2 November 2011
3904

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(b)
by a person who falls within such a class or description of person

as may be prescribed for purposes of this section by order made

by the Secretary of State.

(3)
Such an appeal may be made only if—

(a)
the prosecution made representations that bail should not be

granted; and

(b)
the representations were made before it was granted.

(4)
In the event of the prosecution wishing to exercise the right of appeal set

out in subsection (1) above oral notice of appeal shall be given to the

Crown Court at the conclusion of the proceedings in which such bail has

been granted and before the release from custody of the person

concerned.

(5)
Written notice of appeal shall thereafter be served on the Crown Court

and the person concerned within two hours of the conclusion of such

proceedings.

(6)
Upon receipt from the prosecution of oral notice of appeal from its

decision to grant bail the Crown Court shall remand in custody the person

concerned until the appeal is determined or otherwise disposed of.

(7)
Where the prosecution falls within the period of two hours mentioned in

subsection (5) above to serve one or both of the notices required by that

subsection the appeal shall be deemed to have been disposed of.

(8)
The hearing of an appeal under subsection (1) above against a decision of

the Crown Court to grant bail shall be commenced within 48 hours

excluding weekends and any public holiday (that is to say Christmas

Day, Good Friday or a Bank Holiday) from the date on which oral notice

of appeal is given.

(9)
At the hearing of any appeal by the prosecution under this section such

appeal shall be by way of re-hearing and the judge hearing any such

appeal may remand the person concerned in custody or may grant bail

subject to such conditions (if any) as s/he thinks fit.’.

Women in prison

Mrs Jenny Chapman

Kate Green

Sandra Osborne

Heidi Alexander

Yvonne Fovargue

Diana Johnson

Total signatories: 11

NC28

To move the following Clause:—

‘(1)
The Secretary of State shall—

(a)
in each year publish a strategy designed to promote the just and

appropriate treatment of women in the criminal justice process, and

Consideration of Bill: 2 November 2011
3905

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(b)
appoint a person with responsibility for leading and co-ordinating the

implementation of that strategy.

(2)
Publication under subsection (1)(a) shall be affected in such manner as the

Secretary of State considers appropriate for the purpose of bringing the strategy

to the attention of persons engaged in the administration of criminal justice and

of the public.’.

Restorative justice for victims

Caroline Lucas

Jeremy Corbyn

NC35

To move the following Clause:—

‘(1)
Where—

(a)
at their first hearing a defendant pleads or has pleaded guilty to an

offence, and

(b)
there is an identifiable victim of that offence,


the court must remand the defendant, either on bail or in custody, in order that the

victim shall be offered the opportunity to participate in a process of restorative

justice involving contact between the offender and any person or persons affected

by the offence.

(2)
The court need not remand the defendant, either on bail or in custody, for the

purpose specified in subsection (1) where it is of the opinion that the offence was

so serious that this would be inappropriate.’.

Disclosure of information about convictions etc. of violent abusers to members of the

public

Hazel Blears

Martin Caton

Mary Creagh

Jim Dowd

Julie Elliott

Paul Goggins

Total signatories: 19

NC36

To move the following Clause:—

‘(1)
The responsible authority for each area must, in the course of discharging its

functions under arrangements established under section 325 of the Criminal

Justice Act 2003, consider whether to disclose information in its possession about

the relevant previous convictions of any violent abuser managed by it to any

person deemed by the authority to be at risk.

Consideration of Bill: 2 November 2011
3906

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(2)
In the case mentioned in subsection (3) there is a presumption that the responsible

authority should disclose information in its possession about the relevant

previous convictions of the offender to the particular member of the public.

(3)
The case where the responsible authority for the area has reasonable cause to

believe that—

(a)
a serial violent abuser managed by it poses a risk in that or any other area

of causing serious harm to a particular at risk person; and

(b)
disclosure of information about the relevant previous conviction of the

offender to the particular member of the public is necessary for the

purpose of protecting the at risk person from serious harm caused by the

offender.

(4)
The presumption under subsection (2) arises if the person to whom the

information is disclosed requests the disclosure.

(5)
Where the responsible authority makes a disclosure under this section—

(a)
it may disclose such information about the relevant previous convictions

of the offender as it considers appropriate to disclose to the member of

the public concerned, and

(b)
it may impose conditions for preventing the member of public concerned

for disclosing the information to any other persons.

(6)
Any disclosure under this section must be made as soon as is reasonably practical

having regard to all the circumstances.

(7)
The responsible authority for each area must compile and maintain a record about

the decisions it makes in relation to the discharge of its functions under this

section.

(8)
The record must include the following information—

(a)
the reasons for making a decision to disclose information under this

section;

(b)
the reasons for making a decision not to disclose information under this

section, and

(c)
the information which is disclosed under this section, any conditions

imposed in relation to its further disclosure and the name and address of

the person to whom it is disclosed.

(9)
Nothing in this section requires or authorises the making of a disclosure which

contravenes the Data Protection Act 1998.

(10)
This section is not to be taken as affecting any power of any person to disclose

any information about a violent abuser.’.

Disclosure of information about convictions etc. of violent abusers to members of the

public: interpretation

Hazel Blears

Martin Caton

Mary Creagh

Jim Dowd

Julie Elliott

Paul Goggins

Total signatories: 19

NC37

To move the following Clause:—

Consideration of Bill: 2 November 2011
3907

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

‘(1)
This section applies for the purposes of section (Disclosure of information about

convictions etc. of violent abusers to members of the public).

(2)
“At risk person” means a person deemed by the responsible authority to be at risk

because of a proximate relationship to a person with a history of violent abuse.

(3)
“Violent abuse” means any offences falling within the parameters of subsection

224 of the Criminal Justice Act 2003 committed against a person with whom the

offender enjoyed a proximate relationship.

(4)
“Violent abuse” means any person who—

(a)
has been convicted of an offence covered by subsection (3);

(b)
has been found not guilty of such an offence by reason of insanity;

(c)
has been found to be under a disability and to have done the act charged

against the person in respect of such an offence; or

(d)
has been cautioned in respect of such an offence.

(5)
“Responsible authority” is used in relation to any area, means the chief officer of

police, the local probation board for that area [or (if there is no local probation

board for that area) a relevant provider of probation services] and the Minister of

the Crown exercising functions in relation to prisons, acting jointly.

(6)
In relation to a responsible authority, references to information about the relevant

previous convictions of a violent abuser are references to information about—

(a)
convictions, findings and cautions mentioned in subsection (4)(a) to (d)

which relate to the offender; and

(b)
anything under the law of any country or territory outside England and

Wales which in the opinion of the responsible authority corresponds to

any conviction, finding or caution with paragraph (a) (however

described).

(7)
References to serious harm caused by a violent abuser are references to serious

physical or psychological harm caused by the offender committing any offence

against another person with whom they enjoy a proximate relationship.

(8)
References to a proximate relationship are references to a person who is

associated with the victim as established under section 177(1)(a) of the Housing

Act 1996.

(9)
A responsible authority for any area manages a violent abuser if they offender is

a person who poses a risk in that area which falls to be managed by the authority

under the arrangements established by it under section 325 of the Criminal Justice

Act 2003.

(10)
For the purposes of this section the provisions of section 4 of, and paragraph 3 of

Schedule 2 to, the Rehabilitation of Offenders Act 1974 (protection for spent

convictions and cautions) are to be disregarded.

(11)
In this section “cautioned,” in relation to any person and any offence, means—

(a)
cautioned after the person has admitted the offence; or

(b)
reprimanded or warned within the meaning given by section 65 of the

Crime and Disorder Act 1998.

(12)
Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003 (mentally

disordered offenders) apply for the purposes of this section as they apply for the

purposes of Part 2 of that Act.’.

Consideration of Bill: 2 November 2011
3908

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Whiplash

Mr Jack Straw

NC38

To move the following Clause:—

‘(1)
This section applies to any personal injury claim for whiplash.

(2)
The onus shall be on the claimant to satisfy the court that there is independent,

objective evidence that the claimant has suffered harm, and the extent of that

harm.

(3)
No damages shall be recoverable if the only evidence is the subjective description

of symptoms by, or behalf of, the claimant.

(4)
There shall be a rebuttable presumption that no harm or injury to the claimant has

been suffered where either or both of the following conditions applies—

(a)
the collision giving rise to the accident took place at a relative speed of

15 miles per hour or less;

(b)
there are no musculoskeletal signs of any injury, including fracture and

dislocation.

(5)
In this section “whiplash” means a neck injury caused by a sudden movement of

the head forwards, backwards or sideways.’.

Road traffic accident pre-action protocol

Mr Jack Straw [R]

NC39

To move the following Clause:—

‘(1)
The Table in Rule 45.29 of the Civil Procedure Rules 1998 (SI 1998/3132)

(Amount of fixed costs under the Pre-Action Protocol for Low Value Personal

Injury Claims in Road Traffic Accidents) is amended as follows.

(2)
The figure for Stage 1 shall be £200.

(3)
The figure for Stage 2 shall be £400.

(4)
The figure for Stage 3 for Type A fixed costs shall be £125.

(5)
The figure for Stage 3 for Type B fixed costs shall be £125.

(6)
Any further amendment to the Table shall not be made by the Civil Procedure

Rule Committee but may be made by the Lord Chancellor by rules made by

statutory instrument and may not be made until a draft of the rules has been laid

before and approved by resolution of both Houses of Parliament.’.



© Parliamentary copyright	Revised 2 November 2011