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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | Legal Aid, Sentencing and Punishment of Offenders Bill, As |
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| | | Determination of minimum term in relation to mandatory life sentence |
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| | To move the following Clause:— |
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| | | ‘In Schedule 21 of the Criminal Justice Act 2003— |
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| | | substitute subsection 5(2)(g) with— |
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| | | “(g) | a murder that is racially or religiously aggravated or aggravated |
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| | | by sexual orientation or disability,” and |
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| | | substitute subsection 5A(10)(b) with— |
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| | | “(b) | the fact that the victim was a greater risk of harm because of age |
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| | | Status of Director and Lord Chancellor |
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| | To move the following Clause:— |
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| | | ‘(1) | The Director is to carry out the functions of the office on behalf of the Crown. |
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| | | (2) | Service as the Director is service in the civil service of the State. |
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| | | (3) | The Lord Chancellor is to be treated as a corporation sole— |
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| | | (a) | for all purposes relating to the acquisition, holding, management and |
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| | | disposal of property and interests in property under this Part, and |
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| | | (b) | for all other purposes relating to the Lord Chancellor’s functions in |
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| | | connection with legal aid and other functions under this Part. |
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| | | (4) | An instrument in connection with the acquisition, holding, management or |
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| | | disposal by the Lord Chancellor of property or an interest in property under this |
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| | | Part or for a purpose mentioned in subsection (3)(b) may be executed on the Lord |
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| | | Chancellor’s behalf by a person authorised by the Lord Chancellor for that |
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| | | (5) | Any such instrument purporting to have been executed by the Lord Chancellor or |
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| | | on the Lord Chancellor’s behalf is to be received in evidence and, unless the |
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| | | contrary is proved, to be treated as having been so executed.’. |
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| | Page 24, line 26 [Clause 32], after ‘conviction’, insert ‘— |
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| | | (i) | in England and Wales, to imprisonment for a term not exceeding |
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| | | 12 months or a fine not exceeding the statutory maximum (or |
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| | | (ii) | in Northern Ireland’. |
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| | Page 24, line 35 [Clause 32], at end insert— |
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| | | ‘( ) | In relation to an offence under this section committed before the commencement |
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| | | of section 154(1) of the Criminal Justice Act 2003, the reference in subsection |
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| | | (4)(b)(i) to 12 months has effect as if it were a reference to 6 months.’. |
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| | Page 75, line 16 [Clause 96], leave out ‘Powers of Criminal Courts (Sentencing) |
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| | Act 2000’ and insert ‘Sentencing Act’. |
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| | Page 75, line 19 [Clause 96], leave out ‘Powers of Criminal Courts (Sentencing) |
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| | Act 2000)’ and insert ‘Sentencing Act)’. |
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| | Page 75, line 37 [Clause 96], leave out ‘recommends’ and insert ‘directs’. |
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| | Page 75, line 39 [Clause 96], leave out ‘recommendation’ and insert ‘direction’. |
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| | Page 76, line 32 [Clause 96], leave out ‘recommends’ and insert ‘directs’. |
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| | Page 76, line 34 [Clause 96], leave out ‘recommendation’ and insert ‘direction’. |
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| | Page 79, line 39 [Clause 98], at end insert— |
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| | | ‘( ) | In section 256(1) (review by the Board)— |
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| | | (a) | for “recommend” substitute “direct”; |
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| | | (b) | for “recommendation” substitute “direction”. |
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| | | ( ) | In section 256A (further review)— |
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| | | (a) | in subsection (4)(a), for “recommending” substitute “directing”; |
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| | | (b) | in subsection (4)(c), for “recommendation” substitute “direction”; |
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| | | (c) | in subsection (5), for “recommendation” (in both places) substitute |
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| | Page 99, line 11 [Schedule 1], leave out from ‘where’ to first ‘for’ in line 13 and |
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| | | (a) | the services are provided to the individual, or |
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| | | (b) | the individual has died and the services are provided— |
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| | | (i) | to the individual’s personal representative, or |
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| | Page 99, line 36 [Schedule 1], at end insert— |
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| | | ‘“personal representative”, in relation to an individual who has died, |
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| | | (a) | a person responsible for administering the individual’s estate |
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| | | under the law of England and Wales, Scotland or Northern |
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| | | (b) | a person who, under the law of another country or territory, has |
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| | | functions equivalent to those of administering the individual’s |
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| | Page 115, line 5 [Schedule 1], at end insert— |
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| | | ‘“adult” means a person aged 18 or over;’. |
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| | Page 116, line 5 [Schedule 1], leave out ‘to the victim of a sexual offence in |
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| | relation to the offence’ and insert ‘in relation to a sexual offence, but only where— |
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| | | (a) | the services are provided to the victim of the offence, or |
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| | | (b) | the victim of the offence has died and the services are provided to the |
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| | | victim’s personal representative.’. |
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| | Page 116, line 13 [Schedule 1], after ‘paragraph’ insert ‘— |
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| | | “personal representative”, in relation to an individual who has died, |
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| | | (c) | a person responsible for administering the individual’s estate |
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| | | under the law of England and Wales, Scotland or Northern |
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| | | (d) | a person who, under the law of another country or territory, has |
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| | | functions equivalent to those of administering the individual’s |
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| | Page 121, line 1 [Schedule 1], leave out ‘31,’. |
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| | Page 121, line 1 [Schedule 1], leave out ‘or 34’. |
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| | Page 121, line 4 [Schedule 1], leave out from ‘etc)’ to end of line 5. |
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| | Page 121, line 7 [Schedule 1], at end insert— |
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| | | ‘14A | Advocacy in proceedings in the Upper Tribunal under section 4 of the |
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| | | Safeguarding Vulnerable Groups Act 2006.’. |
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| | Page 144, line 31 [Schedule 5], at end insert— |
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| | ‘Criminal Justice Act 2003 (c. 44) |
| In Schedule 26, paragraph 51.’. |
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| | Page 185, line 12 [Schedule 14], leave out sub-paragraph (3). |
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