House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

149

House of Commons

Tuesday 13 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].

Kate Green

192

Clause  41,  page  29,  line  21,  at end insert—

‘(2A)
After subsection (7) of that section insert—

“(8)
The Lord Chancellor may by order prescribe that section 58(4A) and

(4B) and subsection (6) above shall not apply to any conditional fee

agreement where all of the following conditions are met—

(a)
the proceedings include a claim by an individual or group of

individuals for damages in tort/delict or breach of contract;

(b)
the damage is alleged to have occurred in a developing country;

(c)
a judge of the High Court has certified (whether before or after

the commencement of court proccedings), that—

(i)
the proposed litigation raises issues which ought, in the

interests of justice, to be considered by a court in

England or Wales;

(ii)
the resources of the proposed claimant or claimants are

significantly less than those of the proposed defendant or

defendants; and

(iii)
absent the provisions of this subsection there would be a

significant risk that the proposed claimant or claimants

would be unable to secure effective legal representation

in England or Wales.

Public Bill Committee: 13 September 2011
150

Legal Aid, Sentencing and Punishment of , continued

(9)
In subsection (8) ‘developing country’ means a country whose per capita

gross national income was less than 50 per cent. of the per capita gross

national income of the United Kingdom in the year (or if more than one

year, the first year) in which the relevant tort is alleged to have been

committed.”.

(2B)
In section 120(4) of that Act (regulations and orders subject to parliamentary

approval) after the amendment made by subsection (5) of this section, insert

“58A(8)”.’.

Mr Andy Slaughter

196

Clause  41,  page  29,  line  21,  at end insert—

‘(2A)
The amendments made by subsections (2) and (4) do not apply in relation to

proceedings which include a claim for damages or other relief in relation to an act

in the nature of an interference with personal information or privacy.’.

Karl Turner

198

Clause  41,  page  29,  line  21,  at end insert—

‘(2A)
The amendments made by subsections (2) and (4) do not apply in relation to

proceedings which include a claim for damages for death or for physical or

psychological injury resulting from breach of any duty owed by an employer to

an employee.’.

Mr Andy Slaughter

200

Clause  41,  page  29,  line  21,  at end insert—

‘(2A)
The amendments made by subsections (2) and (4) do not apply in relation to

proceedings which include a claim for damages for death or for physical or

psychological injury resulting from any breach of duty or trespass to the person.’.

Kate Green

202

Clause  41,  page  29,  line  21,  at end insert—

‘(2A)
The amendments made by subsections (2) and (4) do not apply in relation to

proceedings which include a claim for damages for physical or psychological

disease or illness resulting from any breach of duty or trespass to the person.’.

Mr Andy Slaughter

204

Clause  41,  page  29,  line  21,  at end insert—

‘(2A)
The amendments made by subsections (2) and (4) do not apply in relation to

proceedings which include a claim for damages for loss resulting from breach of

any duty to exercise professional care or skill.’.

Mr Andy Slaughter

206

Clause  41,  page  29,  line  21,  at end insert—

‘(2A)
The amendments made by subsections (2) and (4) do not apply in relation to

proceedings which include a money claim for the benefit of the estate or creditors

of an insolvent body corporate or partnership against persons concerned (or

formerly concerned) in its management.’.

Public Bill Committee: 13 September 2011
151

Legal Aid, Sentencing and Punishment of , continued

Mr Andy Slaughter

208

Clause  41,  page  29,  line  21,  at end insert—

‘(2A)
The amendments made by subsections (2) and (4) do not apply in relation to

clinical negligence proceedings (within the meaning of section 58C).’.

Mr Andy Slaughter

210

Clause  41,  page  29,  line  21,  at end insert—

‘(2A)
The amendments made by subsections (2) and (4) do not apply in relation to

proceedings which include a claim for judicial review of a decision or of a failure

to decide by a public body.’.

Mr Andy Slaughter

212

Clause  41,  page  29,  line  21,  at end insert—

‘(2A)
The amendments made by subsections (2) and (4) do not apply in relation to

proceedings in which—

(a)
the parties are businesses, and

(b)
one of those parties is a business which is a sole trader, partnership or

limited liability private company whose turnover is less than 20 per cent.

of the other or another party, and

(c)
the success fee is part of a conditional fee agreement made by that party.’.

Karl Turner

214

Clause  41,  page  29,  line  21,  at end insert—

‘(2A)
The amendments made by subsections (2) and (4) do not apply in relation to

proceedings in which—

(a)
one party is an individual who has purchased, commissioned or ordered

goods or services from the other party, and

(b)
the other party is in business to provide such goods or services, and

(c)
the success fee is part of a conditional fee agreement made by the party

referred to at (a) above.’.

Mr Jonathan Djanogly

188

Clause  42,  page  30,  line  27,  at end insert—

‘( )
In section 120(4) of that Act (regulations and orders subject to parliamentary

approval) for “58AA” substitute “58AA(4)”.’.

Mr Jonathan Djanogly

189

Clause  42,  page  30,  line  28,  leave out ‘this section’ and insert ‘subsections (1) to

(11)’.

Public Bill Committee: 13 September 2011
152

Legal Aid, Sentencing and Punishment of , continued

Kate Green

193

Clause  43,  page  30,  line  31,  leave out subsection (1) and insert—

‘(1)
In the Courts and Legal Services Act 1990, after section 58B insert—

“58C
Recovery of insurance premiums by way of costs

(1)
A costs order made in favour of a party to proceedings who has taken out

a costs insurance policy may not include provision requiring the payment

of an amount in respect of all or part of the premium of the policy,

unless—

(a)
the party is one to whom section 58A(8) applies; or

(b)
such provision is permitted by regulations under subsection

(2).”’.

Mr Andy Slaughter

197

Clause  43,  page  31,  line  37,  at end insert—

‘(4)
The amendments made by this section do not apply in relation to a costs order

made in favour of a party to proceedings which include a claim for damages or

other relief in relation to an act in the nature of an interference with personal

information or privacy.’.

Karl Turner

199

Clause  43,  page  31,  line  37,  at end insert—

‘(4)
The amendments made by this section do not apply in relation to a costs order

made in favour of a party to proceedings which include a claim for death or for

physical or psychological injury resulting from breach of any duty owed by an

employer to an employee.’.

Mr Andy Slaughter

201

Clause  43,  page  31,  line  37,  at end insert—

‘(4)
The amendments made by this section do not apply in relation to a costs order

made in favour of a party to proceedings which include a claim for damages for

death or for physical or psychological injury resulting from any breach of duty or

trespass to the person.’.

Kate Green

203

Clause  43,  page  31,  line  37,  at end insert—

‘(4)
The amendments made by this section do not apply in relation to a costs order

made in favour of a party to proceedings which include a claim for damages for

physical or psychological disease or illness resulting from any breach of duty or

trespass to the person.’.

Mr Andy Slaughter

205

Clause  43,  page  31,  line  37,  at end insert—

‘(4)
The amendments made by this section do not apply in relation to a costs order

made in favour of a party to proceedings which include a claim for damages for

loss resulting from breach of any duty to exercise professional care or skill.’.

Public Bill Committee: 13 September 2011
153

Legal Aid, Sentencing and Punishment of , continued

Mr Andy Slaughter

207

Clause  43,  page  31,  line  37,  at end insert—

‘(4)
The amendments made by this section do not apply in relation to a costs order

made in favour of a party to proceedings which include a money claim for the

benefit of the estate or creditors of an insolvent body corporate or partnership

against persons concerned (or formerly concerned) in its management.’.

Mr Andy Slaughter

209

Clause  43,  page  31,  line  37,  at end insert—

‘(4)
The amendments made by this section, other than the definitions of “clinical

negligence”, “clinical negligence proceedings” and “proceedings” which

subsection (2) inserts into the Courts and Legal Services Act 1990, do not apply

in relation to a costs order made in favour of a party to clinical negligence

proceedings (as so defined).’.

Mr Andy Slaughter

211

Clause  43,  page  31,  line  37,  at end insert—

‘(4)
The amendments made by this section do not apply in relation to a costs order

made in favour of a party to proceedings which include a claim for judicial review

of a decision or of a failure to decide by a public body.’.

Mr Andy Slaughter

213

Clause  43,  page  31,  line  37,  at end insert—

‘(4)
The amendments made by this section do not apply in relation to a costs order

made in favour of a party to proceedings where—

(a)
both parties are businesses, and

(b)
the receiving party is a business whose turnover is less than 20 per cent.

of that of the paying party and the receiving party is a sole trader,

partnership or limited liability private company.’.

Karl Turner

215

Clause  43,  page  31,  line  37,  at end insert—

‘(4)
The amendments made by this section do not apply in relation to a costs order

made in favour of a party to proceedings where—

(a)
the receiving party is an individual who has purchased, commissioned or

ordered goods or services from the other party, and

(b)
the paying party is in business to provide such goods or services.’.

Karl Turner

228

Page  38,  line  25,  leave out Clause 52.

Public Bill Committee: 13 September 2011
154

Legal Aid, Sentencing and Punishment of , continued

Mr Elfyn Llwyd

116

Schedule  6,  page  142,  line  18,  leave out from ‘proceedings’ to ‘under’ and insert

‘in the Crown Court including an appeal’.

Mr Jonathan Djanogly

59

Schedule  7,  page  153,  line  36,  leave out ‘33B’ and insert ‘33B(1)(d)’.

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.”’.

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—

Public Bill Committee: 13 September 2011
155

Legal Aid, Sentencing and Punishment of , continued

‘(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;

(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;



© Parliamentary copyright	Revised 13 September 2011