House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 8 September 2011
139

Legal Aid, Sentencing and Punishment of , continued

Mr Elfyn Llwyd

280


Clause  98,  page  77,  line  11,  at end insert—

‘(2)
After section 227 (2)(b) insert—

“(c)
In determining whether to impose extended supervision a court

shall have regard to the seriousness of the original offence, any

psychological or psychiatric assessment that is carried out

following the commission of the original offence and any

subsequent psychological or psychiatric assessments and the

likelihood of the person being involved in further similar serious

offending.”.

(3)
After section 244 (3)(d) insert—

“(e)
Before releasing a person sentenced to a period of imprisonment

of four years or more the Parole Board must be satisfied that the

individual is considered low risk of harm to the public and low

risk of reoffending.”.’.

Mr Elfyn Llwyd

281


Clause  98,  page  77,  line  13,  at end insert—

‘(3)
After section 255(5) insert—

“(6)
A person subject to imprisonment for public protection purposes shall

have the sentence reviewed by the Parole Board at least every two years.

(7)
It shall be the responsibility of the Secretary of State to ensure that all

persons subject to imprisonment for public protection purposes shall

have access to relevant offender management programmes during the

duration of their incarceration.

(8)
In determining whether to recommend an individual sentenced to

imprisonment for public protection purposes for release on licence the

Parole Board shall have regard to the availability and completion of

relevant offender management programmes.

(9)
In determining whether to recommend for release on licence a person

sentenced to imprisonment for public protection purposes the Parole

Board should not make such release conditional on the person

participating in programmes if the Parole Board is satisfied that those

programmes are not available.

(10)
In this section “imprisonment for public protection” means the same as

that defined in Section 255(4) of the Criminal Justice Act 2003.”.’.

Nick de Bois

Priti Patel

Bob Stewart

Tracey Crouch

Mr Andrew Turner

194

Clause  113,  page  91,  line  3,  leave out ‘aged 18 or over’.

Public Bill Committee: 8 September 2011
140

Legal Aid, Sentencing and Punishment of , continued

Nick de Bois

Priti Patel

Bob Stewart

Tracey Crouch

Mr Andrew Turner

195

Clause  113,  page  91,  line  4,  after ‘imprisonment’, insert ‘and where a person is

aged 18 or over the court must impose a sentence of imprisonment’.

Remaining new clauses

Consequential amendments to the Armed Forces Act 2006

Mr Jonathan Djanogly

NC4


To move the following Clause:—

‘(1)
Section 182 of the Armed Forces Act 2006 (general provisions about overseas

community orders) is amended as follows.

(2)
In subsection (1)(a) (requirements that may be imposed by overseas community

orders), after “Act)” insert “(but see subsection (1A) below)”.

(3)
After subsection (1) insert—

“(1A)
The order may not include a requirement mentioned in section 177(1)(ga)

(a foreign travel prohibition requirement).”

(4)
In subsection (4) (application of section 177(5) and (6) of the Criminal Justice Act

2003 to overseas community orders), after “(5)” insert “, (5A), (5B)”.

(5)
In Part 1 of Schedule 5 to that Act (breach, revocation and amendment of service

community orders), in paragraph 1(2) (provisions of Schedule 8 to the Criminal

Justice Act 2003 that do not apply to such orders), after “18(4),” insert “19A(5),”.

(6)
In Part 2 of Schedule 5 to that Act (breach, revocation and amendment of overseas

community orders), in paragraph 10(2) (provisions of Schedule 8 to the Criminal

Justice Act 2003 that do not apply to such orders), after “19,” insert “19A(5),”.

(7)
In Schedule 6 to that Act (overseas community orders imposed on young

offenders), in paragraph 5 (modification of drug rehabilitation requirement in

relation to such offenders), omit sub-paragraph (4) (which disapplies section

209(3) of the Criminal Justice Act 2003).’.

Amendments to service law relating to powers to impose imprisonment

Mr Jonathan Djanogly

NC5


To move the following Clause:—

‘(1)
In the provisions of the Armed Forces Act 2006 mentioned in subsection (2) for

“12 months” substitute “6 months”.

(2)
The provisions are—

Public Bill Committee: 8 September 2011
141

Legal Aid, Sentencing and Punishment of , continued

(a)
section 179(2) (maximum term of imprisonment that may be imposed by

court for failure to express willingness to comply with amended drug

rehabilitation requirement under service community order imposed by

Service Civilian Court);

(b)
section 203(3)(c) (maximum term of imprisonment that may be imposed

by court for failure to express willingness to comply with amended drug

rehabilitation requirement under suspended sentence order imposed by

Service Civilian Court);

(c)
section 205(2)(b) (maximum term of imprisonment that may be imposed

by court for failure to express willingness to comply with amended

community requirement under suspended sentence order imposed by

Service Civilian Court);

(d)
paragraph 8(3)(b)(i) of Schedule 5 (maximum term of imprisonment that

court may impose for breach of service community order imposed by

Service Civilian Court).

(3)
In section 212 of that Act (term of detention and training order) omit subsection

(2) (maximum term of detention and training order for service offence

corresponding to summary offence to be 6 months, not 51 weeks).

(4)
In section 283 of that Act (maximum term of imprisonment that may be imposed

by the Service Civilian Court)—

(a)
in subsection (1) (maximum term for one offence) for “12 months”

substitute “6 months”, and

(b)
in subsection (2) (maximum aggregate consecutive terms) for “65

weeks” substitute “12 months”.

(5)
In section 305(5) of that Act (punishments that may be imposed upon person who

refuses to provide urine sample for drugs test) for “51 weeks” substitute “6

months”.

(6)
In section 95 of the Reserve Forces Act 1996 (offences against orders and

regulations under section 4 of that Act)—

(a)
in subsection (2)(a)(ii) (maximum sentence available to Court Martial)

for “51 weeks” substitute “6 months”, and

(b)
omit subsection (3) (transitory modification of section 95(2)(a)(ii) of that

Act pending commencement of section 281(5) of the Criminal Justice

Act 2003).

(7)
In section 15 of the Armed Forces Act 2011 omit subsection (2)(b) (which inserts

section 95(3) of the Reserve Forces Act 1996).’.

Maximum and minimum sentences

Mr Elfyn Llwyd

NC6


To move the following Clause:—

‘(1)
When sentencing a person to serve a sentence of imprisonment for a determinate

term the court shall state the maximum time that shall be served.

(2)
When sentencing a person to serve a sentence of imprisonment for a determinate

term the court shall state the minimum time that shall be served.

(3)
When sentencing a person to serve a sentence of imprisonment for a determinate

term the court shall state the minimum term must be less than half the maximum

sentence but no less than one-third of that sentence.

Public Bill Committee: 8 September 2011
142

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(4)
In determining the maximum and minimum sentence the court shall have regard

to the seriousness of the offence.

(5)
When sentencing a person to serve a sentence of imprisonment for a determinate

term the court may request a pre-sentence report from a suitably qualified

employee of the relevant Probation Trust.

(6)
In this Act “a sentence of imprisonment for a determinate term” covers the types

of sentence listed under section 237(1)(a) and (b) of the Criminal Justice Act

2003.’.

Order of the House [29 JUNE 2011]

That the following provisions shall apply to the Legal Aid, Sentencing and Punishment

of Offenders Bill—

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 13 October 2011.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [12 JULY 2011, as amended on 14 july 2011]

That—

(1)
the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

12 July) meet—

(a)
at 4.00 pm on Tuesday 12 July;

(b)
at 9.00 am and 1.00 pm on Thursday 14 July;

(c)
at 9.00 am and 1.30 pm on Tuesday 19 July;

(d)
at 10.30 am and 4.00 pm on Tuesday 6 September;

(e)
at 9.00 am and 1.00 pm on Thursday 8 September;

(f)
at 10.30 am and 4.00 pm on Tuesday 13 September;

(g)
at 9.00 am and 1.00 pm on Thursday 15 September;

Public Bill Committee: 8 September 2011
143

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(h)
at 10.30 am and 4.00 pm on Tuesday 11 October;

(i)
at 9.00 am and 1.00 pm on Thursday 13 October;

(2)
the Committee shall hear oral evidence in accordance with the following

Table:

      TABLE

Date
Time
Witness

Tuesday 12 July
Until no later
Criminal Justice Alliance; Prison

than 11.30 am
Reform Trust; Howard League for

Penal Reform

Tuesday 12 July
Until no later
NAPO; Prison Officers’ Association

than 12 noon

Tuesday 12 July
Until no later
Commissioner for Victims and

than 12.30 pm
Witnesses; Victim Support

Tuesday 12 July
Until no later
Magistrates’ Association

than 1.00 pm

Tuesday 12 July
Until no later
Law Society; Bar Council; Family

than 5.00 pm
Mediation Council; Leigh Day & Co

Solicitors

Tuesday 12 July
Until no later
Director of Public Prosecutions

than 5.20 pm

Tuesday 12 July
Until no later
Legal Services Commission

than 5.40 pm

Thursday 14 July
Until no later
Rights of Women; National

than 9.40 am
Federation of Women’s Institutes

Thursday 14 July
Until no later
G4S; Sodexo

than 10.25 am

Thursday 14 July
Until no later
Shelter; Citizens Advice Bureau;

than 2.15 pm
Law Centres Federation; Advice

Services Alliance; R3

Thursday 14 July
Until no later
Liberty; Justice; Legal Action Group

than 3.00 pm

Thursday 14 July
Until no later
NSPCC; Local Government

than 3.45 pm
Association; Standing Committee on

Youth Justice; Children’s

Commissioner for England

Thursday 14 July
Until no later
Association of British Insurers;

than 4.30 pm
Association of Personal Injury

Lawyers; Action Against Medical

Accidents

(3)
proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 8, Schedule 1, Clauses 9 to 23, Schedule 2,

Clauses 24 to 30, Schedule 3, Clauses 31 to 36, Schedule 4, Clause 37,

Schedule 5, Clauses 38 to 40, new Clauses and new Schedules relating to

Public Bill Committee: 8 September 2011
144

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Part 1, Clauses 41 to 52, Schedule 6 and 7, new Clauses and new Schedules

relating to Part 2, Clauses 53 to 57, Schedule 8, Clauses 58 to 72, Schedule 9,

Clause 73, Schedule 10, Clauses 74 to 88, Schedule 11, Clauses 89 to 93,

Schedule 12, Clauses 94 to 101, Schedule 13, Clauses 102 to 106,

Schedule  14, Clauses 107 to 109, Schedule 15, Clauses 110 to 113,

Schedule  16, remaining new Clauses, remaining new Schedules, Clauses 114

to 119, remaining proceedings on the Bill;

(4)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Thursday 13 October.



© Parliamentary copyright	Revised 8 September 2011