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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Ministry of Justice, are published
separately as Bill 205—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Kenneth Clarke has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:

In my view the provisions of the Legal Aid, Sentencing and Punishment of Offenders
Bill are compatible with the Convention rights.

Contents

  1. Part 1

    Legal aid

    1. Provision of legal aid

      1. 1. Lord Chancellor’s functions

      2. 2. Arrangements

      3. 3. Standards of service

      4. 4. Director of Legal Aid Casework

      5. 5. Delegation

      6. 6. Authorisations

    2. Civil legal aid

      1. 7. Civil legal services

      2. 8. General cases

      3. 9. Exceptional cases

      4. 10. Qualifying for civil legal aid

      5. 11. Determinations

    3. Criminal legal aid

      1. 12. Advice and assistance for individuals in custody

      2. 13. Criminal proceedings

      3. 14. Advice and assistance for criminal proceedings

      4. 15. Representation for criminal proceedings

      5. 16. Qualifying for representation

      6. 17. Determinations by Director

      7. 18. Determinations by court

      8. 19. Provisional determinations

    4. Financial resources

      1. 20. Financial resources

      2. 21. Information about financial resources

    5. Contributions and costs

      1. 22. Payment for services

      2. 23. Enforcement

      3. 24. Charges on property in connection with civil legal services

      4. 25. Costs in civil proceedings

    6. Providers of services etc

      1. 26. Choice of provider of services etc

      2. 27. Position of providers of services

      3. 28. Code of conduct

      4. 29. Position of other parties, courts and tribunals

    7. Supplementary

      1. 30. Legal aid for legal persons

      2. 31. Foreign law

      3. 32. Restriction on disclosure of information about financial resources

      4. 33. Restriction on disclosure of other information

      5. 34. Exceptions from restriction under section 33

      6. 35. Misrepresentation

      7. 36. Abolition of Legal Services Commission

      8. 37. Consequential amendments

      9. 38. Orders, regulations and directions

      10. 39. Interpretation

      11. 40. Crown application

  2. Part 2

    Litigation funding and costs

    1. Payments for legal services in civil cases

      1. 41. Conditional fee agreements: success fees

      2. 42. Damages-based agreements

      3. 43. Recovery of insurance premiums by way of costs

      4. 44. Recovery where body undertakes to meet costs liabilities

      5. 45. Divorce etc proceedings: orders for payment in respect of legal services

      6. 46. Divorce etc proceedings: matters to be considered by court making legal
        services order

      7. 47. Divorce etc proceedings: orders for sale of property

      8. 48. Dissolution etc proceedings: orders for payment in respect of legal services

      9. 49. Dissolution etc proceedings: matters to be considered by court making legal
        services order

      10. 50. Dissolution etc proceedings: orders for sale of property

    2. Offers to settle

      1. 51. Payment of additional amount to successful claimant

    3. Costs in criminal cases

      1. 52. Costs in criminal cases

  3. Part 3

    Sentencing and Punishment of Offenders

    1. Chapter 1

      Sentencing

      1. General

        1. 53. Court’s duty to consider compensation order

        2. 54. Duty to give reasons for and to explain effect of sentence

      2. Community orders

        1. 55. Duration of community order

        2. 56. Breach of community order

      3. Suspended sentence orders

        1. 57. Changes to powers to make suspended sentence order

        2. 58. Fine for breach of suspended sentence order

      4. Requirements under community orders and suspended sentence orders

        1. 59. Programme requirement

        2. 60. Curfew requirement

        3. 61. Foreign travel prohibition requirement

        4. 62. Mental health treatment requirement

        5. 63. Drug rehabilitation requirement

        6. 64. Alcohol treatment requirement

      5. Youth sentences

        1. 65. Referral orders for young offenders

        2. 66. Breach of detention and training order

        3. 67. Youth rehabilitation order: curfew requirement

        4. 68. Youth rehabilitation order: mental health treatment requirement

        5. 69. Youth rehabilitation order: duration

        6. 70. Youth rehabilitation order: fine for breach

      6. Repeal of uncommenced provisions

        1. 71. Magistrates’ courts’ powers to impose imprisonment

        2. 72. Custody plus orders and intermittent custody orders

    2. Chapter 2

      Bail

      1. 73. Amendment of bail enactments

    3. Chapter 3

      Remands of children otherwise than on bail

      1. Remands

        1. 74. Remands of children otherwise than on bail

      2. Remands to local authority accommodation

        1. 75. Remands to local authority accommodation

        2. 76. Conditions etc on remands to local authority accommodation

        3. 77. Requirements for electronic monitoring

        4. 78. Requirements for electronic monitoring: extradition cases

        5. 79. Further provisions about electronic monitoring

        6. 80. Liability to arrest for breaking conditions of remand

      3. Remands to youth detention accommodation

        1. 81. First set of conditions for a remand to youth detention accommodation

        2. 82. Second set of conditions for a remand to youth detention accommodation

        3. 83. First set of conditions for a remand to youth detention accommodation:
          extradition cases

        4. 84. Second set of conditions for a remand to youth detention accommodation:
          extradition cases

        5. 85. Remands to youth detention accommodation

      4. Supplementary

        1. 86. Arrangements for remands

        2. 87. Looked after child status

        3. 88. Minor and consequential amendments

        4. 89. Interpretation of Chapter

    4. Chapter 4

      Release on licence etc

      1. Calculation of days to be served

        1. 90. Crediting of periods of remand in custody

        2. 91. Crediting of periods of remand on bail

        3. 92. Amendments consequential on sections 90 and 91

      2. Release

        1. 93. Prisoners serving less than 12 months

        2. 94. Restrictions on early release subject to curfew

      3. Further release after recall

        1. 95. Cancellation of revocation of licence

        2. 96. Further release after recall

      4. Other provisions about release

        1. 97. Supervision of young offenders after release

        2. 98. Miscellaneous amendments relating to release and recall

        3. 99. Repeal of uncommenced provisions

      5. Life sentence prisoners

        1. 100. Removal of prisoners from the United Kingdom

      6. Application and transitional provision

        1. 101. Application and transitional etc provision

      7. Restatement of earlier enactments and transitional provisions

        1. 102. Power to restate earlier enactments and existing transitional provisions

    5. Chapter 5

      Prisoners etc

      1. 103. Employment in prisons: deductions etc from payments to prisoners

      2. 104. Transfer of prisoners: prosecution of other offences

      3. 105. Transit of prisoners

    6. Chapter 6

      Out of court disposals

      1. Penalty notices

        1. 106. Penalty notices for disorderly behaviour

      2. Cautions

        1. 107. Conditional cautions: involvement of prosecutors

        2. 108. Conditional cautions: removal etc of certain foreign offenders

      3. Youth cautions

        1. 109. Youth cautions

        2. 110. Youth conditional cautions: previous convictions

        3. 111. Youth conditional cautions: references to youth offending teams

        4. 112. Youth conditional cautions: involvement of prosecutors

    7. Chapter 7

      Knives and offensive weapons

      1. 113. Offences of threatening with article with blade or point or offensive weapon
        in public or on school premises

  4. Part 4

    Final provisions

    1. 114. Power to make consequential and supplementary provision etc

    2. 115. Financial provision

    3. 116. Commencement

    4. 117. Extent

    5. 118. Channel Islands, Isle of Man and British overseas territories

    6. 119. Short title

    1. Schedule 1

      Civil legal services

      1. Part 1

        Services

      2. Part 2

        Excluded services

      3. Part 3

        Advocacy: exclusion and exceptions

      4. Part 4

        Interpretation

    2. Schedule 2

      Criminal legal aid: motor vehicle orders

    3. Schedule 3

      Legal aid for legal persons

    4. Schedule 4

      Transfer of employees and property etc of Legal Services
      Commission

      1. Part 1

        Transfer of employees etc

      2. Part 2

        Transfer of property etc

      3. Part 3

        Supplementary

    5. Schedule 5

      Consequential amendments

      1. Part 1

        Amendments

      2. Part 2

        Repeals consequential on Part 1 of this Schedule

    6. Schedule 6

      Costs in criminal cases

      1. Part 1

        Prosecution of Offences Act 1985

      2. Part 2

        Attorney General’s references

      3. Part 3

        Extradition Act 2003

      4. Part 4

        Savings

    7. Schedule 7

      Costs in criminal cases: service courts

      1. Part 1

        Appeals from Court Martial

      2. Part 2

        Appeals from Court Martial Appeal Court

      3. Part 3

        Savings

    8. Schedule 8

      Changes to powers to make suspended sentence orders:
      consequential and transitory provision

      1. Part 1

        Consequential amendments

      2. Part 2

        Transitory provision

    9. Schedule 9

      Repeal of sections 181 to 188 of the 2003 Act: consequential
      amendments

    10. Schedule 10

      Amendment of enactments relating to bail

    11. Schedule 11

      Remands of children otherwise than on bail: minor and
      consequential amendments

    12. Schedule 12

      Prisoners serving less than 12 months: consequential
      amendments

    13. Schedule 13

      Application of sections 90 to 100 and transitional and
      transitory provisions

    14. Schedule 14

      Penalty notices for disorderly behaviour

    15. Schedule 15

      Youth cautions: consequential amendments

    16. Schedule 16

      Knives and offensive weapons: minor and consequential
      amendments

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