House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

179

House of Commons

Thursday 15 September 2011

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Legal Aid, Sentencing and Punishment of

Offenders Bill

Note

The Amendments have been arranged in accordance with the Order of

Committee [12 July].

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.’.

Mr Jonathan Djanogly

243

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

‘(2)
In section 175 of the Armed Forces Act 2006 (service compensation orders), after

subsection (7) insert—

“(7A)
The court must consider making a service compensation order in any case

where it has power to do so.”’.

Public Bill Committee: 15 September 2011
180

Legal Aid, Sentencing and Punishment of , continued

Helen Goodman

297

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

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

Mr Elfyn Llwyd

267

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

‘(4)
If the offender is not present when sentence is passed, subsection (3) takes effect

as if the words “to the offender” were omitted.

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

(2) and any explanation given under subsection (3).

(4B)
Copies of the documents mentioned in subsection (4B) above must be given (if

the relevant person is in court when sentence is passed) or sent by post (if the

relevant person is not in court when sentence is passed) to—

(a)
the offender;

(b)
the offender’s legal representative;

(c)
the victim(s) of the offence;

(d)
family member(s) and/or representative(s) of the victim(s) of the offence;

(e)
the Crown Prosecution Service;

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

hearing;

(g)
the legal representative of any person in (vi) above;

Public Bill Committee: 15 September 2011
181

Legal Aid, Sentencing and Punishment of , continued

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

offending team;

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

(j)
representatives of the media.

(4C)
The duty in subsection (4B) is subject to any reporting restrictions in force in the

case.

(4D)
Where the offender is aged under 18, no details tending to identify him may be

included in the written reasons provided under subsection (4B)(j).’.

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.’.

Mr Elfyn Llwyd

268

Clause  54,  page  39,  line  22,  leave out ‘(8)’ and insert ‘(9)’.

Mr Elfyn Llwyd

269

Clause  54,  page  39,  line  42,  leave out paragraph (b).

Mr Elfyn Llwyd

270

Clause  54,  page  39,  line  43,  at end insert—

‘( )
Where 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 148(1) of this Act (community sentence), or

(b)
section 152(2) of this Act (discretionary custodial sentence),


the court must state why it is of that opinion.’.

Mr Jonathan Djanogly

244

Clause  54,  page  40,  line  9,  at end insert—

‘( )
In the Armed Forces Act 2006—

(a)
in section 252 (duty to give reasons and explain sentence), omit

subsection (2);

(b)
in section 253 (duties in complying with section 252), omit subsections

(1)(a), (c) and (d) and (2)(b) and (d) to (h).’.

Public Bill Committee: 15 September 2011
182

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

245

Clause  54,  page  40,  line  13,  at end insert—

‘( )
paragraph 24 of Schedule 25 to that Act;’.

Helen Goodman

303

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

Mr Jonathan Djanogly

246

Clause  56,  page  42,  line  9,  at end insert—

‘( )
In that paragraph, after sub-paragraph (3A) insert—

“(3B)
A fine imposed under sub-paragraph (1)(aa) is to be treated, for the

purposes of any enactment, as being a sum adjudged to be paid by a

conviction.”’.

Helen Goodman

304

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

Mr Jonathan Djanogly

247

Clause  56,  page  42,  line  18,  at end insert—

‘( )
In that paragraph, after sub-paragraph (3A) insert—

“(3B)
A fine imposed under sub-paragraph (1)(aa) is to be treated, for the

purposes of any enactment, as being a sum adjudged to be paid by a

conviction.”’.

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.

Public Bill Committee: 15 September 2011
183

Legal Aid, Sentencing and Punishment of , continued

Helen Goodman

308

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

Mr Jonathan Djanogly

248

Schedule  8,  page  160,  line  14,  at end insert—

‘Armed Forces Act 2006 (c. 52)


The Armed Forces Act 2006 is amended as follows.

    (1)
Section 200 (suspended sentence orders with or without community

requirements) is amended as follows.

      (2)
In the heading omit “with or without community requirements”.

      (3)
Omit subsections (1) to (4) (power of relevant service court to make suspended

sentence order with or without community requirements, and meanings of

those terms).

      (4)
In subsection (5) (modification of section 189(1) of the Criminal Justice Act

2003 in its application to a relevant service court)—

(a)
for “(b)(ii)” substitute “(a)”,

(b)
for “the end of sub-paragraph (ii)” substitute ““imprisonment),””, and

(c)
in the words treated as substituted, for “(a)” substitute “(i)” and for

“(b)” substitute “(ii)”.

      (5)
After subsection (6) insert—

“(7)
In this Chapter “a suspended sentence order with community

requirements” means a suspended sentence order that imposes one or

more community requirements within the meaning of section

189(7)(c) of the 2003 Act.”


Omit section 201 (provisions of the Criminal Justice Act 2003 that do not

apply to suspended sentence orders without community requirements).


In section 207 (definitions for purposes of Chapter 4 of Part 8)—

(a)
in the definition of “suspended sentence order with community

requirements” for “200(3)” substitute “200(7)”, and

(b)
omit the definition of “suspended sentence order without community

requirements”.

    (1)
Schedule 7 (suspended prison sentence: further conviction or breach of

requirement) is amended as follows.

      (2)
For the heading before paragraph 1 substitute “Modifications of Part 2 of

Schedule 12 to the 2003 Act”.

      (3)
In paragraph 1 (modifications of Part 2 of Schedule 12 to the Criminal Justice

Act 2003 in case of suspended sentence orders with community requirements)

omit “with community requirements”.

      (4)
Omit paragraph 2 (modifications of Part 2 of Schedule 12 to the Criminal

Justice Act 2003 in case of suspended sentence orders without community

requirements) and the heading before that paragraph.

      (5)
After paragraph 6 insert—



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