House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee: 11 October 2011
251

Legal Aid, Sentencing and Punishment of , continued

      (2)
In subsection (2)—

(a)
after “in connection with other offences” insert “(but see section

246(2B))”, and

(b)
omit “, or has also been detained in connection with other matters”.

      (3)
After subsection (2) insert—

“(2A)
The reference in section 246(2A) to detention in connection with any

other matter does not include remand in custody in connection with

another offence but includes—

(a)
detention pursuant to any custodial sentence;

(b)
committal in default of payment of any sum of money;

(c)
committal for want of sufficient distress to satisfy any sum of

money;

(d)
committal for failure to do or abstain from doing anything

required to be done or left undone.”

      (4)
In subsection (4) for “the reference in section 246(2)” substitute “the

references in section 246(2) and (2B)”.

4
In section 373(3) (orders, regulations and rules)—

(a)
after paragraph (e) insert “or”, and

(b)
omit paragraph (g) and the “or” preceding it.

5
In Schedule 16 (minor and consequential amendments), omit paragraph 228.’.

Mr Jonathan Djanogly

405

Clause  114,  page  92,  line  28,  leave out subsection (3).

Mr Jonathan Djanogly

406

Clause  117,  page  93,  line  23,  leave out ‘(2)’ and insert ‘(1A)’.

Mr Jonathan Djanogly

407

Clause  117,  page  93,  line  23,  at end insert—

‘(1A)
Section [Causing serious injury by dangerous driving] extends to England and

Wales and Scotland.’.

Mr Jonathan Djanogly

408

Title,  line  9,  at end insert ‘and of causing serious injury by dangerous driving.’.

Public Bill Committee: 11 October 2011
252

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: 11 October 2011
253

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: 11 October 2011
254

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

317

Schedule  10,  page  167,  line  3,  leave out sub-paragraph (1)(c).

Helen Goodman

318

Schedule  10,  page  167,  line  7,  leave out sub-paragraphs (2)(a) and (2)(b).

Helen Goodman

319

Schedule  10,  page  167,  line  28,  leave out ‘an associated person’ and insert ‘any

person other than the defendant’.

Helen Goodman

320

Schedule  10,  page  167,  line  29,  leave out ‘an associated person’ and insert ‘any

person other than the defendant’.

Helen Goodman

321

Schedule  10,  page  167,  line  30,  leave out sub-paragraph (2).

Helen Goodman

322

Schedule  10,  page  168,  line  22,  leave out paragraph 22.

Helen Goodman

323

Schedule  10,  page  168,  line  41,  leave out from beginning to end of line 4 on page

169 and insert—

‘(2)
in sub-paragraph (a) omit “or” and omit sub-paragraph (b).’.

Helen Goodman

326

Schedule  10,  page  169,  line  28,  leave out from ‘for’ to end of line 33 and insert

‘any person other than the defendant’.

Public Bill Committee: 11 October 2011
255

Legal Aid, Sentencing and Punishment of , continued

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.”.’.

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).

Public Bill Committee: 11 October 2011
256

Legal Aid, Sentencing and Punishment of , continued

(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 sentence for the offence of dangerous driving

Karl Turner

NC13

To move the following Clause:—

‘(1)
The Road Traffic Offenders Act 1988 is amended as follows.

(2)
In Part 1 of Schedule 2, column 4 in the entry relating to punishment for

dangerous driving leave out “(b) 2 years or a fine or both” and insert “(b) 5 years

or a fine or both”.’.

Maximum sentence for the offence of dangerous driving (No. 2)

Karl Turner

NC14

To move the following Clause:—

‘(1)
The Road Traffic Offenders Act 1988 is amended as follows.

(2)
In Part 1 of Schedule 2, column 4 in the entry relating to punishment for

dangerous driving leave out “(b) 2 years or a fine or both” and insert “(b) 7 years

or a fine or both”.’.

Mr Elfyn Llwyd

289

Schedule  10,  page  168,  leave out line 26.

Helen Goodman

349

Schedule  10,  page  170,  line  5,  at end add—

Public Bill Committee: 11 October 2011
257

Legal Aid, Sentencing and Punishment of , continued

Criminal Justice Act 2003

‘(30)
In subsection (2) of section 16 of the Criminal Justice Act 2003, after

“concerned”, insert “or the Crown, Crown Prosecution Service or Attorney

General”.’.

Helen Goodman

419

Schedule  14,  page  177,  line  37,  leave out subsections (3), (4) and (5).

Helen Goodman

420

Schedule  14,  page  178,  line  6,  leave out sub-paragraph (a).



© Parliamentary copyright	Revised 11 October 2011