House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

3575

House of Commons

Notices of Amendments

given on

Friday 21 October 2011

For other Amendment(s) see the following page(s) of Supplement to Votes:

3513-18, 3523-26, 3531-34 and 3535-46

Consideration of Bill

Legal Aid, Sentencing and Punishment of Offenders Bill, As

Amended

Mr Andy Slaughter

74

Page  104,  line  23  [Schedule  1],  at end insert—

  ‘(10)
For the purposes of this paragraph, evidence that A has been abused by B or is

at risk of being abused by B may consist of one or more of the following

(without limitation)—

(a)
a relevant court conviction or police caution;

(b)
a relevant court order (including without notice, ex parte, interim or

final orders) including a non-molestation order, occupation order,

forced marriage protection order or other protective injunction;

(c)
evidence of relevant criminal proceedings for an offence concerning

domestic violence or a police report confirming attendance at an

incident resulting from domestic violence;

(d)
evidence that a victim has been referred to a Multi-Agency Risk

Assessment Conference (as a high-risk victim of domestic violence)

and a plan has been put in place to protect that victim from violence

by the other party;

(e)
a finding of fact in the family courts of domestic violence by the other

party giving rise to the risk of harm to the victim;

(f)
a medical report from a doctor at a UK hospital confirming that the

applicant has injuries consistent with being a victim of domestic

violence, such injuries not being limited to physical injuries;

(g)
a letter from a General Medical Council registered general practitioner

confirming that he or she has examined the applicant and is satisfied

that the applicant had injuries consistent with those of a victim of

domestic violence;

(h)
an undertaking given to a court that the perpetrator of the abuse will

not approach the applicant who is the victim of the abuse;

(i)
a letter from a social services department confirming its involvement

in connection with domestic violence;

Notices of Amendments: 21 October 2011
3576

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(j)
a letter of support or a report from a domestic violence support

organisation; or

(k)
other well-founded documentary evidence of abuse (such as from a

counsellor, midwife, school or witnesses).

    (11)
For the evidence of doubt, no time limit shall operate in relation to any

evidence supporting an application for civil legal services under paragraph

10.’.

Secretary Kenneth Clarke

75

Page  47,  line  36  [Clause  65],  at end insert—

‘( )
In section 322 of that Act (financial penalty enforcement orders), in the definition

of “financial penalty” in subsection (4), after “including” insert “a fine imposed

by the Court Martial or the Service Civilian Court under paragraph 10(1)(aa) of

Schedule 8 to the 2003 Act by virtue of section 184 and Part 2 of Schedule 5

(breach etc of overseas community order) or”.’.

Secretary Kenneth Clarke

76

Page  48,  line  2  [Clause  65],  at end insert—

‘( )
Part 2 of Schedule 5 to that Act (breach, revocation and amendment of overseas

community orders) is amended as follows.’.

Secretary Kenneth Clarke

77

Page  48,  line  3  [Clause  65],  leave out from ‘In’ to ‘paragraph’ in line 4.

Secretary Kenneth Clarke

78

Page  48,  line  6  [Clause  65],  at end insert—

‘( )
After paragraph 14 insert—

“14A (1)
The following provisions apply where the Court Martial or the Service

Civilian Court imposes a fine under paragraph 10(1)(aa) of that

Schedule as applied by this Part of this Schedule.

      (2)
Section 251 of this Act (power to order payment of fine by

instalments) applies in relation to the fine as it applies in relation to a

fine imposed by a court for a service offence.

      (3)
Where the offender is aged under 18 when the fine is imposed and has

a service parent or service guardian (within the meaning of section 268

of this Act), subsections (2) to (4) of that section (payment of fine by

service parent or service guardian) apply in relation to the fine as they

apply in relation to a fine imposed in the circumstances mentioned in

subsection (1) of that section.

      (4)
In the application of subsection (2) of section 268 by virtue of sub-

paragraph (3) of this paragraph, the reference in that subsection to the

time of conviction is to be read as a reference to the time the fine is

imposed.

      (5)
Section 269(2) of this Act (power of court to make financial statement

order before making order under section 268) does not apply in

relation to an order under section 268 which is made by virtue of sub-

paragraph (3) of this paragraph.”’.

Notices of Amendments: 21 October 2011
3577

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Mr Elfyn Llwyd

79

Page  99,  line  17  [Schedule  1],  leave out ‘3, 8 and 12’ and insert ‘and 3’.

Mr Elfyn Llwyd

80

Page  99,  line  21  [Schedule  1],  leave out ‘other than’ and insert ‘including’.

Mr Elfyn Llwyd

81

Page  103  [Schedule  1],  leave out lines 35 to 38.

Mr Elfyn Llwyd

82

Page  108,  line  30  [Schedule  1],  leave out ‘with the exception of paragraph 15 of

that Part,’.

Mr Elfyn Llwyd

83

Page  108,  line  44  [Schedule  1],  leave out sub-paragraphs (5), (6) and (7).

Mr Elfyn Llwyd

84

Page  110,  line  14  [Schedule  1],  leave out ‘6, 8 and 12’ and insert ‘and 6’.

Mr Elfyn Llwyd

85

Page  110,  line  18  [Schedule  1],  leave out ‘other than clinical negligence’.

Mr Elfyn Llwyd

86

Page  110  [Schedule  1],  leave out lines 28 to 30.

Mr Elfyn Llwyd

87

Page  110,  line  41  [Schedule  1],  leave out ‘6, 8 and 12’ and insert ‘and 6’.

Mr Elfyn Llwyd

88

Page  111,  line  4  [Schedule  1],  leave out ‘other than’ and insert ‘including’.

Mr Elfyn Llwyd

89

Page  8,  line  32  [Clause  12],  leave out from ‘premises’ to end of line 36.

Mr Elfyn Llwyd

90

Page  9,  line  27  [Clause  12],  leave out sub-paragraph (9) and insert—

‘(9)
Sections 20 and 26(2) do not apply in relation to this section’.

Notices of Amendments: 21 October 2011
3578

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Mr Elfyn Llwyd

91

Page  103,  line  3  [Schedule  1],  after ‘family’, insert ‘or other intimate’.

Mr Elfyn Llwyd

92

Page  103,  line  35  [Schedule  1],  leave out ‘physical or mental abuse’ and insert ‘any

incident of threatening behaviour, violence or abuse (whether physical, mental, financial

or emotional)’.

Mr Elfyn Llwyd

93

Page  103,  line  4  [Schedule  1],  at end insert ‘or where an allegation is made that B

has been abused by A or is at risk of being abused by A’.

Mr Elfyn Llwyd

94

Page  104,  line  25  [Schedule  1],  leave out ‘(“A”)’.

Mr Elfyn Llwyd

95

Page  104,  line  27  [Schedule  1],  leave out ‘other than A’.

Mr Elfyn Llwyd

96

Page  104,  line  39  [Schedule  1],  at end insert—

‘(1A)
Civil legal services provided to an adult in relation to proceedings for financial

relief in respect of a child who is the subject of an order or procedure mentioned

in sub-paragraph (1).’.

Mr Elfyn Llwyd

97

Page  104,  line  39  [Schedule  1],  at end insert—

‘(1B)
Civil legal services provided in relation to proceedings in which the court is

considering giving a direction under section 37 of the Children Act 1989

(direction to authority, where care or supervision order may be appropriate, to

investigate child’s circumstances).’.

Mr Elfyn Llwyd

98

Page  104,  line  39  [Schedule  1],  at end insert—

‘(1C)
Civil legal services provided in relation to proceedings arising out of a family

relationship involving a child in respect of whom a court has given a direction

under section 37 of the Children Act 1989 (direction to authority, where care or

supervision order may be appropriate, to investigate child’s circumstances); and

“family relationship” has the same meaning for the purposes of this sub-

paragraph as it has for the purposes of paragraph 10.’.

Mr Elfyn Llwyd

99

Page  105,  line  42  [Schedule  1],  leave out ‘to a child’.

Notices of Amendments: 21 October 2011
3579

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Mr Elfyn Llwyd

100

Page  105,  line  43  [Schedule  1],  leave out first ‘the’ and insert ‘a’.

Mr Elfyn Llwyd

101

Page  106,  line  1  [Schedule  1],  leave out first ‘the’ and insert ‘a’.

Mr Elfyn Llwyd

102

Page  106,  line  3  [Schedule  1],  leave out first ‘the’ and insert ‘a’.

Mr Elfyn Llwyd

103

Page  7,  line  35  [Clause  10],  at end insert—

‘(7)
But the Director must determine that an individual qualifies for civil legal

services where the services relate to a matter falling within paragraph 10 of

Schedule 1 and—

(a)
the individual has been admitted to a refuge for persons suffering from

domestic abuse;

(b)
the individual has obtained medical or other professional services

relating to the consequences of domestic abuse, or

(c)
an assessment for the purpose of possible mediation of a family dispute

has concluded that the parties need not engage in mediation as a result of

domestic abuse,


and in this subsection “domestic abuse” means abuse of the kind to which

paragraph 10(1) of Schedule 1 relates’.

Mr Elfyn Llwyd

104

Page  8,  line  31  [Clause  12],  leave out from ‘station’ to end of line 20 on page 9.

Mr Elfyn Llwyd

105

Page  9,  line  18  [Clause  12],  leave out subsection (7).

Mr Elfyn Llwyd

106

Page  52,  line  22,  leave out Clause 68.

Mr Elfyn Llwyd

107

Page  58,  line  16  [Clause  77],  leave out ‘twelve’ and insert ‘fourteen’.

Mr Elfyn Llwyd

108

Page  59,  line  17  [Clause  78],  leave out ‘twelve’ and insert ‘fourteen’.

Mr Elfyn Llwyd

109

Page  61,  line  25  [Clause  81],  leave out ‘twelve’ and insert ‘fourteen’.

Notices of Amendments: 21 October 2011
3580

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Mr Elfyn Llwyd

110

Page  62,  line  21  [Clause  82],  leave out ‘twelve’ and insert ‘fourteen’.

Mr Elfyn Llwyd

111

Page  63,  line  41  [Clause  83],  leave out ‘twelve’ and insert ‘fourteen’.

Mr Elfyn Llwyd

112

Page  64,  line  38  [Clause  84],  leave out ‘twelve’ and insert ‘fourteen’.

Duty to take into account risk of harm to victim when determining whether to grant bail

Mr Elfyn Llwyd

NC10

To move the following Clause:—

‘A defendant aged 18 or over shall not be granted bail unless there are exceptional

circumstances if he or she is accused of a serious sexual offence and any alleged

victim is at risk of physical or mental harm’.

Duty to take into account risk of harm to victim when determining exceptional

circumstances in granting bail

Mr Elfyn Llwyd

NC11

To move the following Clause:—

‘In considering whether there are exceptional circumstances in any case where a

defendant aged 18 or over is accused of a sexual offence the court must take into

account any risk of harm, either physically or mentally, to any alleged victim’.

Duty to impose condition of no contact when granting bail to certain defendants

Mr Elfyn Llwyd

NC12

To move the following Clause:—

‘If bail is granted in exceptional circumstances to a defendant aged 18 or over and

accused of a serious sexual offence the court should impose a condition of no

contact with the alleged victim’.

Duty to remand into custody certain defendants who break terms of bail

Mr Elfyn Llwyd

NC13

To move the following Clause:—

‘If a defendant aged 18 or over is granted bail in exceptional circumstances

having been accused of a serious sexual offence and makes contact with the

Notices of Amendments: 21 October 2011
3581

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

victim or breaches the conditions of their bail in any other way he or she shall be

automatically remanded into custody’.

Sentencing law relating to extended supervision

Mr Elfyn Llwyd

NC14

To move the following Clause:—

‘The Criminal Justice Act 2003 is amended as follows.

(1)
After section 227(2)(b) insert—

“(c)
In determining whether to impose extended supervision a court

shall have regard to the seriousness of the original offence, any

psychological or psychiatric assessment that is carried out

following the commission of the original offence and any

subsequent psychological or psychiatric assessments and the

likelihood of the person being involved in further similar serious

offending.”.’.



© Parliamentary copyright	Revised 24 October 2011