House of Commons Public Bill Committee Proceedings

Session 2010 - 12
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Other Bills before Parliament

47

House of Commons

Thursday 15 September 2011

Public Bill Committee Proceedings

Legal Aid, Sentencing and Punishment of

Offenders Bill

[THIRTEENTH AND FOURTEENTH Sittings]

Helen Goodman

Not selected  295

Clause  53,  page  38,  line  32,  leave out ‘compensation order’ and insert ‘orders

relating to compensation and restorative justice’.

Helen Goodman

Negatived on division  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

Agreed to  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

Negatived on division  297

Clause  53,  page  38,  line  36,  at end insert—

‘(2B)
A court must make any payments ordered into a compensation fund.’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 15 September 2011
48

Legal Aid, Sentencing and Punishment of , continued

Helen Goodman

Withdrawn  298

Clause  54,  page  39,  line  6,  leave out ‘and (3)’ and insert ‘, (3) and (4).’.

Helen Goodman

Not called  299

Clause  54,  page  39,  line  7,  leave out subsection (2) and insert—

‘(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

Not called  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

Negatived on division  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

Not called  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).’.

Public Bill Committee Proceedings: 15 September 2011
49

Legal Aid, Sentencing and Punishment of , continued

Helen Goodman

Negatived on division  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;

(b)
the victim;

(c)
if the offender is under 18 years of age, the offender’s parent/guardian;

(d)
any co-defendant convicted in the case, whether or not at the same trial/

hearing;

(e)
the probation service or, if the offender is under 18 years of age, the youth

offending team.’.

Mr Elfyn Llwyd

Not called  268

Clause  54,  page  39,  line  22,  leave out ‘(8)’ and insert ‘(9)’.

Mr Elfyn Llwyd

Not called  269

Clause  54,  page  39,  line  42,  leave out paragraph (b).

Mr Elfyn Llwyd

Not called  270

Clause  54,  page  39,  line  43,  at end insert—

‘( )
Where the court imposes a sentence that may only be imposed in the offender’s

case if the court is of the opinion mentioned in—

(a)
section 148(1) of this Act (community sentence), or

(b)
section 152(2) of this Act (discretionary custodial sentence),


the court must state why it is of that opinion.’.

Mr Jonathan Djanogly

Agreed to  244

Clause  54,  page  40,  line  9,  at end insert—

‘( )
In the Armed Forces Act 2006—

(a)
in section 252 (duty to give reasons and explain sentence), omit

subsection (2);

(b)
in section 253 (duties in complying with section 252), omit subsections

(1)(a), (c) and (d) and (2)(b) and (d) to (h).’.

Mr Jonathan Djanogly

Agreed to  245

Clause  54,  page  40,  line  13,  at end insert—

‘( )
paragraph 24 of Schedule 25 to that Act;’.

Clause, as amended, Agreed to.

Clause 55 Agreed to.

Public Bill Committee Proceedings: 15 September 2011
50

Legal Aid, Sentencing and Punishment of , continued

Helen Goodman

Withdrawn  303

Clause  56,  page  42,  line  7,  leave out paragraph (b).

Mr Jonathan Djanogly

Agreed to  246

Clause  56,  page  42,  line  9,  at end insert—

‘( )
In that paragraph, after sub-paragraph (3A) insert—

“(3B)
A fine imposed under sub-paragraph (1)(aa) is to be treated, for the

purposes of any enactment, as being a sum adjudged to be paid by a

conviction.”’.

Helen Goodman

Not called  304

Clause  56,  page  42,  line  16,  leave out paragraph (b).

Mr Jonathan Djanogly

Agreed to  247

Clause  56,  page  42,  line  18,  at end insert—

‘( )
In that paragraph, after sub-paragraph (3A) insert—

“(3B)
A fine imposed under sub-paragraph (1)(aa) is to be treated, for the

purposes of any enactment, as being a sum adjudged to be paid by a

conviction.”’.

Clause, as amended, Agreed to.

Helen Goodman

Negatived on division  305

Clause  57,  page  43,  line  3,  leave out ‘2 years’ and insert ‘12 months’.

Helen Goodman

Not called  306

Clause  57,  page  43,  line  12,  leave out ‘may’ and insert ‘must’.

Helen Goodman

Not called  307

Clause  57,  page  43,  leave out lines 24 to 31.

Helen Goodman

Not called  308

Clause  57,  page  43,  line  37,  leave out ‘before or’.

Clause Agreed to.

Public Bill Committee Proceedings: 15 September 2011
51

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

Agreed to  248

Schedule  8,  page  160,  line  14,  at end insert—

‘Armed Forces Act 2006 (c. 52)


The Armed Forces Act 2006 is amended as follows.

    (1)
Section 200 (suspended sentence orders with or without community

requirements) is amended as follows.

      (2)
In the heading omit “with or without community requirements”.

      (3)
Omit subsections (1) to (4) (power of relevant service court to make suspended

sentence order with or without community requirements, and meanings of

those terms).

      (4)
In subsection (5) (modification of section 189(1) of the Criminal Justice Act

2003 in its application to a relevant service court)—

(a)
for “(b)(ii)” substitute “(a)”,

(b)
for “the end of sub-paragraph (ii)” substitute ““imprisonment),””, and

(c)
in the words treated as substituted, for “(a)” substitute “(i)” and for

“(b)” substitute “(ii)”.

      (5)
After subsection (6) insert—

“(7)
In this Chapter “a suspended sentence order with community

requirements” means a suspended sentence order that imposes one or

more community requirements within the meaning of section

189(7)(c) of the 2003 Act.”


Omit section 201 (provisions of the Criminal Justice Act 2003 that do not

apply to suspended sentence orders without community requirements).


In section 207 (definitions for purposes of Chapter 4 of Part 8)—

(a)
in the definition of “suspended sentence order with community

requirements” for “200(3)” substitute “200(7)”, and

(b)
omit the definition of “suspended sentence order without community

requirements”.

    (1)
Schedule 7 (suspended prison sentence: further conviction or breach of

requirement) is amended as follows.

      (2)
For the heading before paragraph 1 substitute “Modifications of Part 2 of

Schedule 12 to the 2003 Act”.

      (3)
In paragraph 1 (modifications of Part 2 of Schedule 12 to the Criminal Justice

Act 2003 in case of suspended sentence orders with community requirements)

omit “with community requirements”.

      (4)
Omit paragraph 2 (modifications of Part 2 of Schedule 12 to the Criminal

Justice Act 2003 in case of suspended sentence orders without community

requirements) and the heading before that paragraph.

      (5)
After paragraph 6 insert—

“6A
Paragraph 8(2)(ba) of that Schedule has effect as if at the beginning

there were inserted “where the court dealing with the offender is the

Crown Court,”.”

Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI 2009/1059)


In Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc)

Order 2009 omit paragraph 2(2) (modifications to section 189 of the Criminal

Justice Act 2003 pending the commencement of the repeal of section 78 of the

Powers of Criminal Courts (Sentencing) Act 2000).

Public Bill Committee Proceedings: 15 September 2011
52

Legal Aid, Sentencing and Punishment of , continued

Armed Forces Act 2011


In Schedule 3 to the Armed Forces Act 2011 (minor amendments of service

legislation), in paragraph 17 (amendment to section 200(5) of the Armed

Forces Act 2006) omit “paragraph (b) of”.’.

Schedule, as amended, Agreed to.

Mr Jonathan Djanogly

Agreed to  249

Clause  58,  page  44,  line  3,  after ‘£2,500,”,’ insert—

‘( )
after sub-paragraph (4) insert—

“(4ZA)
A fine imposed under sub-paragraph (2)(ba) is to be treated,

for the purposes of any enactment, as being a sum adjudged to

be paid by a conviction.”,’.

Helen Goodman

Not selected  309

Page  43,  line  39,  leave out Clause 58.

Clause, as amended, Agreed to.

Mr Jonathan Djanogly

Agreed to  250

Clause  59,  page  44,  line  24,  at end insert—

‘( )
In section 177(2) of the Criminal Justice Act 2003 (community orders:

restrictions relating to particular requirements) omit paragraph (c) (which refers

to section 202(4) and (5) of that Act).

( )
In section 190(2) of that Act (suspended sentence orders: restrictions relating to

particular requirements) omit paragraph (c) (which refers to section 202(4) and

(5) of that Act).’.

Mr Jonathan Djanogly

Agreed to  251

Clause  59,  page  44,  line  25,  leave out ‘the Criminal Justice Act 2003’ and insert

‘that Act’.

Helen Goodman

Withdrawn  310

Clause  59,  page  44,  line  31,  leave out ‘subsections (4) and’ and insert ‘subsection’.

Helen Goodman

Not called  311

Clause  59,  page  44,  line  34,  leave out paragraph (a).

Public Bill Committee Proceedings: 15 September 2011
53

Legal Aid, Sentencing and Punishment of , continued

Helen Goodman

Not called  312

Clause  59,  page  44,  line  40,  at end insert—

‘(5A)
After subsection (7) insert—

“(8)
The probation trust for each area must—

(a)
make provision for the availability of programmes appropriate

for offenders of varying levels of intellectual ability and

understanding, and

(b)
ensure that the content and style of the programme in which an

offender participates is appropriate to the intellectual ability and

understanding of the individual offender.

(9)
A public body imposing an order as laid out in this section shall have a

duty to take all reasonable steps to ensure that the terms and requirements

of the order are understood by the recipient of that order.”.’.

Clause, as amended, Agreed to.

Helen Goodman

Negatived on division  313

Clause  60,  page  45,  line  4,  leave out subsection (2).

Helen Goodman

Negatived on division  314

Clause  60,  page  45,  line  7,  at end insert—

‘(4)
After subsection (6) insert—

“(7)
Before making a relevant order imposing a curfew requirement, the court

must obtain and consider information about any risk of physical or

mental injury by or to the offender or an associated person which may be

caused or increased by the imposition of a curfew requirement.

(8)
In subsection (7) “associated person” means a person who is associated

with the defendant within the meaning of section 62 of the Family Law

Act 1996.”.’.

Mr Elfyn Llwyd

Not selected  271

Page  45,  line  1,  leave out Clause 60.

Clause Agreed to.

Clause 61 Agreed to.

Clause 62 Agreed to on division.



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