House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

145

House of Commons

Notices of Amendments

given on

Thursday 8 September 2011

For other Amendment(s) see the following page(s):

Legal Aid, Sentencing and Punishment of Offenders Bill Committee 124-144

Public Bill Committee

Legal Aid, Sentencing and Punishment of

Offenders Bill

Helen Goodman

295

Clause  53,  page  38,  line  32,  leave out ‘compensation order’ and insert ‘orders

relating to compensation and restorative justice’.

Helen Goodman

296

Clause  53,  page  38,  line  34,  at end insert—

‘(2AA)
A court must consider making an order to participate in a restorative justice

course in any case where this section empowers it to do so.

(2AB)
Where a court makes an order under (2AA) it shall consider the views of the

victim of the crime in determining what form the order will take.’.

Helen Goodman

297

Clause  53,  page  38,  line  36,  at end insert—

‘(2B)
A court must make any payments ordered into a compensation fund.’.

Establishment of a Compensation Fund

Helen Goodman

NC7

To move the following Clause:—

‘The Secretary of State shall establish a fund for compensation.’.

Notices of Amendments: 8 September 2011
146

Legal Aid, Sentencing and Punishment of Offenders Bill continued

Functions of the Compensation Fund

Helen Goodman

NC8

To move the following Clause:—

‘The Secretary of State shall make regulations for the functioning of a

compensation fund.’.

Helen Goodman

298

Clause  54,  page  39,  line  6,  leave out ‘and (3)’ and insert ‘, (3) and (4).’.

Helen Goodman

299

Clause  54,  page  39,  line  7,  leave out subsection 2 and insert—

‘(2)
A court shall have a duty to take all reasonable steps to ensure that the terms and

requirements of the sentence are understood by the offender.’.

Helen Goodman

300

Clause  54,  page  39,  line  14,  at end insert—

‘(ca)
why it is giving a custodial sentence, if giving such a sentence,’.

Helen Goodman

301

Clause  54,  page  39,  line  16,  at end insert—

‘(e)
the effect of the sentence on any child or other dependent in the care of

the offender where the sentence is—

(i)
a custodial sentence,

(ii)
a fine,

(iii)
a community order.’.

Helen Goodman

302

Clause  54,  page  39,  line  17,  leave out subsection 4 and insert—

‘(4)
A court must provide written versions of any statement given under subsection

(3) to—

(a)
the offender;

(b)
the victim;

(c)
if the offender is under 18 years of age, the offender’s parent/guardian;

(d)
any co-defendant convicted in the case, whether or not at the same trial/

hearing;

(e)
the probation service or, if the offender is under 18 years of age, the youth

offending team.’.

Duty to consider dependents when sentencing

Helen Goodman

NC9

To move the following Clause:—

Notices of Amendments: 8 September 2011
147

Legal Aid, Sentencing and Punishment of Offenders Bill continued

‘A court passing sentence on an offender has the duty to consider the impact of

the sentence on any child or other dependent in the care of the offender where the

sentence is

(a)
a custodial sentence,

(b)
a fine,

(c)
a community order.’.

Helen Goodman

303

Clause  56,  page  42,  line  7,  leave out paragraph (b).

Helen Goodman

304

Clause  56,  page  42,  line  16,  leave out paragraph (b).

Helen Goodman

305

Clause  57,  page  43,  line  3,  leave out ‘2 years’ and insert ‘12 months’.

Helen Goodman

306

Clause  57,  page  43,  line  12,  leave out ‘may’ and insert ‘must’.

Helen Goodman

307

Clause  57,  page  43,  leave out lines 24 to 31.

Helen Goodman

308

Clause  57,  page  43,  line  37,  leave out ‘before or’.

Helen Goodman

309

Page  43,  line  39,  leave out Clause 58.

Helen Goodman

310

Clause  59,  page  44,  line  31,  leave out ‘subsections (4) and insert subsection’.

Helen Goodman

311

Clause  59,  page  44,  line  34,  leave out paragraph (a).

Helen Goodman

312

Clause  59,  page  44,  line  40,  at end insert—

‘(5A)
After subsection (7) insert—

“(8)
The probation trust for each area must—

(a)
make provision for the availability of programmes appropriate

for offenders of varying levels of intellectual ability and

understanding, and

Notices of Amendments: 8 September 2011
148

Legal Aid, Sentencing and Punishment of Offenders Bill continued

(b)
ensure that the content and style of the programme in which an

offender participates is appropriate to the intellectual ability and

understanding of the individual offender.

(9)
A public body imposing an order as laid out in this section shall have a

duty to take all reasonable steps to ensure that the terms and requirements

of the order are understood by the recipient of that order.”.’.

Helen Goodman

313

Clause  60,  page  44,  line  4,  leave out subsection 2.

Helen Goodman

314

Clause  60,  page  45,  line  7,  at end insert—

‘(4)
After subsection (6) insert—

“(7)
Before making a relevant order imposing a curfew requirement, the court

must obtain and consider information about any risk of physical or

mental injury by or to the offender or an associated person which may be

caused or increased by the imposition of a curfew requirement.

(8)
In subsection (7) “associated person” means a person who is associated

with the defendant within the meaning of section 62 of the Family Law

Act 1996.”.’.



© Parliamentary copyright	Revised 9 September 2011