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Public Bill Committee: 15 September 2011                

198

 

Legal Aid, Sentencing and Punishment of , continued

 
 

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—

 

(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).


 
 

Public Bill Committee: 15 September 2011                

199

 

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(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.

 

(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.’.

 


 

Establishment of a Compensation Fund

 

Helen Goodman

 

NC7

 

To move the following Clause:—

 

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

 



 
 

Public Bill Committee: 15 September 2011                

200

 

Legal Aid, Sentencing and Punishment of , 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.’.

 


 

Duty to consider dependents when sentencing

 

Helen Goodman

 

NC9

 

To move the following Clause:—

 

‘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.’.

 


 

Sentencing law relating to extended supervision

 

Mr Elfyn Llwyd

 

NC10

 

To move the following Clause:—

 

‘(1)    

The Criminal Justice Act 2003 is amended as follows.

 

(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.”.’.

 



 
 

Public Bill Committee: 15 September 2011                

201

 

Legal Aid, Sentencing and Punishment of , continued

 
 

Sentencing law relating to early release of those serving determinate sentences

 

Mr Elfyn Llwyd

 

NC11

 

To move the following Clause:—

 

‘(1)    

The Criminal Justice Act 2003 is amended as follows.

 

(2)    

After section 227 (2)(b) 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.”.’.

 


 

Sentencing law relating to early release of those imprisoned for public protection

 

Mr Elfyn Llwyd

 

NC12

 

To move the following Clause:—

 

‘(1)    

The Criminal Justice Act 2003 is amended as follows.

 

(2)    

After section 225 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 pursposes shall

 

have access to relevant offender 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 225(4) of the Criminal Justice Act 2003.”.’.

 


 
 

Public Bill Committee: 15 September 2011                

202

 

Legal Aid, Sentencing and Punishment of , continued

 
 

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;

 

(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:


 
 

Public Bill Committee: 15 September 2011                

203

 

Legal Aid, Sentencing and Punishment of , continued

 
 

      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

 

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,


 
 

Public Bill Committee: 15 September 2011                

204

 

Legal Aid, Sentencing and Punishment of , continued

 
 

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.

 

 

NOTICES WITHDRAWN

 

The following Notices have been withdrawn:

 

Helen Goodman

 

327

 

Clause  62,  page  46,  line  11,  at end insert—

 

‘(2)    

In section 207 of the Criminal Justice Act 2003 (mental health treatment

 

requirement) delete paragraph (c) of subsection (3).’.

 


 
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Revised 15 September 2011