House of Commons Public Bill Committee Proceedings

Session 2010 - 12
Internet Publications
Other Bills before Parliament

57

House of Commons

Tuesday 11 October 2011

Public Bill Committee Proceedings

Legal Aid, Sentencing and Punishment of

Offenders Bill

[FIFTEENTH AND SIXTEENTH Sittings]

Mr Elfyn Llwyd

Withdrawn  274

Clause  69,  page  50,  line  21,  at end insert ‘and for “3” substitute “2”.’.

Mr Andy Slaughter

Not called  332

Clause  69,  page  51,  line  1,  leave out ‘subject to that, may’ and insert ‘may not’.

Mr Elfyn Llwyd

Not called  275

Clause  69,  page  51,  line  1,  leave out ‘three’ and insert ‘two’.

Mr Andy Slaughter

Not called  333

Clause  69,  page  51,  line  22,  leave out ‘subject to that, may’ and insert ‘may not’.

Mr Elfyn Llwyd

Not called  276

Clause  69,  page  51,  line  22,  leave out ‘three’ and insert ‘two’.

Mr Andy Slaughter

Not called  334

Clause  69,  page  51,  line  43,  leave out ‘subject to that, may’ and insert ‘may not’.

Clause Agreed to.

Mr Elfyn Llwyd

Withdrawn  277

Clause  70,  page  52,  line  26,  leave out from ‘, for’ to end of line and insert ‘(i), for

“14” substitute “16”.’.

Public Bill Committee Proceedings: 11 October 2011
58

Legal Aid, Sentencing and Punishment of , continued

Mr Elfyn Llwyd

Not called  278

Clause  70,  page  52,  line  28,  leave out from ‘, for’ to end of line and insert ‘(i), for

“14” substitute “16”.’.

Mr Elfyn Llwyd

Not called  279

Clause  70,  page  52,  line  32,  leave out from beginning to ‘paragraph’ in line 33.

Mr Andy Slaughter

Not selected  336

Page  52,  line  22,  leave out Clause 70.

Clause Agreed to.

Mr Jonathan Djanogly

Not selected  366

Page  52,  line  37,  leave out Clause 71.

Clause Negatived.

Clause 72 Agreed to on division.

Schedule 9 Agreed to.

Clause 73 Agreed to.

Mr Elfyn Llwyd

Withdrawn  282

Schedule  10,  page  165,  line  33,  leave out paragraph 3.

Mr Elfyn Llwyd

Not called  283

Schedule  10,  page  166,  leave out line 14.

Helen Goodman

Negatived on division  363

Schedule  10,  page  166,  line  32,  leave out paragraphs 7 to 18.

Mr Elfyn Llwyd

Not called  284

Schedule  10,  page  166,  leave out line 42.

Mr Elfyn Llwyd

Not moved  285

Schedule  10,  page  167,  line  7,  leave out ‘paragraph 2’ and insert ‘sub-paragraphs

2(1) (a) and (b)’.

Public Bill Committee Proceedings: 11 October 2011
59

Legal Aid, Sentencing and Punishment of , continued

Mr Elfyn Llwyd

Not called  286

Schedule  10,  page  167,  line  8,  after ‘custody’, insert ‘or’.

Mr Elfyn Llwyd

Not called  287

Schedule  10,  page  167,  line  8,  leave out from ‘bail’ to end of line 9.

Mr Elfyn Llwyd

Not moved  288

Schedule  10,  page  167,  line  28,  leave out from ‘to’ to end of line 32 and insert ‘any

person other than the defendant’.

Helen Goodman

Not called  364

Schedule  10,  page  168,  line  15,  leave out paragraphs 19 to 23.

Mr Elfyn Llwyd

Not called  290

Schedule  10,  page  168,  line  39,  before ‘Paragraph’, insert ‘In’.

Mr Elfyn Llwyd

Not called  291

Schedule  10,  page  168,  line  40,  leave out from ‘injury’ to end of line 4 on page 169

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

Mr Elfyn Llwyd

Not called  315

Schedule  10,  page  169,  line  7,  leave out paragraph 25.

Mr Elfyn Llwyd

Not called  316

Schedule  10,  page  169,  line  12,  leave out paragraph 26.

Mr Elfyn Llwyd

Not called  294

Schedule  10,  page  169,  line  27,  leave out from ‘to’ to end of line 33 and insert ‘any

person other than the defendant’.

Helen Goodman

Mr Andy Slaughter

Mr Gordon Marsden

Withdrawn  365

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

‘29A
After section 1 of the Bail (Amendment) Act 1993 at end insert—

“1A
Appeal against a decision granting bail in the Crown Court

(1)
Where a Crown Court grants bail to a person who is charged with or

convicted of an offence triable on indictment the prosecution may

appeal to another judge of the Crown Court against the granting of

bail.

Public Bill Committee Proceedings: 11 October 2011
60

Legal Aid, Sentencing and Punishment of , continued

(2)
Subsection (1) above applies only where the prosecution is

conducted—

(a)
by or on behalf of the Director of Public Prosecutions; or

(b)
by a person who falls within such a class or description of

person as may be prescribed for purposes of this section by

order made by the Secretary of State.

(3)
Such an appeal may be made only if—

(a)
the prosecution made representations that bail should not be

granted and;

(b)
the representations were made before it was granted.

(4)
In the event of the prosecution wishing to exercise the right of appeal

set out in subsection (1) above oral notice of appeal shall be given to

the Crown Court at the conclusion of the proceedings in which such

bail has been granted and before the release from custody of the person

concerned.

(5)
Written notice of appeal shall thereafter be served on the Crown Court

and the person concerned within two hours of the conclusion of such

proceedings.

(6)
Upon receipt from the prosecution of oral notice of appeal from its

decision to grant bail the Crown Court shall remand in custody the

person concerned until the appeal is determined or otherwise disposed

of.

(7)
Where the prosecution fails within the period of two hours mentioned

in subsection (5) above to serve one or both of the notices requires by

that subsection the appeal shall be deemed to have been disposed of.

(8)
The hearing of an appeal under subsection (1) above against a decision

of the Crown Court to grant bail shall be commenced within 48 hours

excluding weekends and any public holiday (that is to say Christmas

Day, Good Friday or a Bank Holiday) from the date on which oral

notice of appeal is given.

(9)
At the hearing of any appeal by the prosecution under this section such

appeal shall be by way of re-hearing and the judge hearing any such

appeal may remand the person concerned in custody or may grant bail

subject to such conditions (if any) as s/he thinks fit.’.

Schedule Agreed to on division.

Mr Jonathan Djanogly

Agreed to  253

Clause  74,  page  54,  line  17,  at end insert—

‘( )
This section is subject to section 128(7) of the Magistrates’ Courts Act 1980

(remands to police detention for periods of not more than 3 days); but that

provision has effect in relation to a child as if for the reference to 3 clear days

there were substituted a reference to 24 hours.’.

Public Bill Committee Proceedings: 11 October 2011
61

Legal Aid, Sentencing and Punishment of , continued

Clause, as amended, Agreed to.

Mr Jonathan Djanogly

Agreed to  367

Clause  75,  page  55,  line  5,  leave out subsection (6).

Clause, as amended, Agreed to.

Clause 76 Agreed to.

Mr Elfyn Llwyd

Withdrawn  361

Clause  77,  page  56,  line  20,  leave out ‘twelve’ and insert ‘fourteen’.

Clause Agreed to.

Mr Elfyn Llwyd

Not called  362

Clause  78,  page  57,  line  21,  leave out ‘twelve’ and insert ‘fourteen’.

Clause Agreed to.

Clause 79 Agreed to.

Clause 80 Agreed to.

Mr Elfyn Llwyd

Withdrawn  424

Clause  81,  page  59,  line  28,  at end insert—

          ‘and

(e)
the sentencing condition (see subsection (7)).’.

Mr Elfyn Llwyd

Withdrawn  357

Clause  81,  page  59,  line  29,  leave out ‘twelve’ and insert ‘fourteen’.

Mr Andy Slaughter

Withdrawn  341

Clause  81,  page  59,  line  30,  leave out subsection (3).

Public Bill Committee Proceedings: 11 October 2011
62

Legal Aid, Sentencing and Punishment of , continued

Mr Elfyn Llwyd

Not called  425

Clause  81,  page  60,  line  13,  at end add—

‘(7)
The sentencing condition is that it appears to the court that there is a real prospect

that the child will be sentenced to a custodial sentence for the offence mentioned

in subsection 74(1) or one or more of those offences.’.

Clause Agreed to.

Mr Elfyn Llwyd

Not called  358

Clause  82,  page  60,  line  26,  leave out ‘twelve’ and insert ‘fourteen’.

Mr Andy Slaughter

Not called  342

Clause  82,  page  60,  line  27,  leave out subsection (3).

Clause Agreed to.

Mr Elfyn Llwyd

Not called  359

Clause  83,  page  61,  line  47,  leave out ‘twelve’ and insert ‘fourteen’.

Mr Andy Slaughter

Not called  343

Clause  83,  page  62,  line  1,  leave out subsection (3).

Clause Agreed to.

Mr Elfyn Llwyd

Not called  360

Clause  84,  page  62,  line  42,  leave out ‘twelve’ and insert ‘fourteen’.

Mr Andy Slaughter

Not called  344

Clause  84,  page  62,  line  43,  leave out subsection (3).

Clause Agreed to.

Public Bill Committee Proceedings: 11 October 2011
63

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

Agreed to  254

Clause  85,  page  63,  line  38,  leave out ‘one of the kinds of’.

Mr Jonathan Djanogly

Agreed to  255

Clause  85,  page  63,  line  39,  after ‘accommodation’ insert ‘of a kind’.

Mr Jonathan Djanogly

Agreed to  368

Clause  85,  page  64,  line  12,  leave out from ‘designate’ to end of line and insert ‘a

local authority as the designated authority for the child for the purposes of—

(a)
subsection (8),

(b)
regulations under section 86 (arrangements for remands), and

(c)
section 87 (looked after child status).’.

Mr Andy Slaughter

Withdrawn  340

Clause  85,  page  64,  line  21,  after ‘child’, insert ‘within three hours of the order

being made, unless there are geographical or other genuine reasons why this is

impractical.’.

Mr Jonathan Djanogly

Agreed to  369

Clause  85,  page  64,  line  21,  leave out subsection (9).

Clause, as amended, Agreed to.

Mr Jonathan Djanogly

Agreed to  370

Clause  86,  page  65,  line  1,  after ‘in’ insert ‘—

(i)
section 80(1)(a) to (e) of the Criminal Justice Act 1991 (escort

functions) read with section 92(3) of that Act, or

(ii)
’.

Mr Jonathan Djanogly

Agreed to  371

Clause  86,  page  65,  line  7,  after ‘detention’ insert ‘accommodation’.

Mr Jonathan Djanogly

Agreed to  372

Clause  86,  page  65,  line  16,  leave out ‘designated’ and insert ‘local’.

Mr Jonathan Djanogly

Agreed to  373

Clause  86,  page  65,  line  18,  leave out ‘its’.



© Parliamentary copyright	Revised 12 October 2011