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Notices of Amendments: 25 October 2011                  

3614

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

‘(1)    

Subsection (2) applies in relation to a relevant offence which, immediately before

 

the commencement day, is punishable on summary conviction by a fine or

 

maximum fine of a fixed amount of less than £5,000.

 

(2)    

The Secretary of State may by regulations make provision for the offence to be

 

punishable on summary conviction by a fine or maximum fine of a higher amount

 

specified or described in the regulations.

 

(3)    

Subsection (4) applies in relation to a relevant power which, immediately before

 

the commencement day, can be exercised to create an offence punishable on

 

summary conviction by a fine or maximum fine of a fixed amount of less than

 

£5,000 but not to create an offence so punishable by a fine or maximum fine of a

 

fixed amount of £5,000 or more.

 

(4)    

The Secretary of State may by regulations make provision for the power to be

 

exercisable to create an offence punishable on summary conviction by a fine or

 

maximum fine of a higher amount specified or described in the regulations.

 

(5)    

Regulations under this section may not specify or describe an amount exceeding

 

whichever is the greater of—

 

(a)    

£5,000, or

 

(b)    

the sum specified for the time being as level 4 on the standard scale.

 

(6)    

Regulations under this section may not include provision affecting—

 

(a)    

fines for offences committed before the regulations come into force,

 

(b)    

fines that may be imposed on a person aged under 18, or

 

(c)    

fines that may be imposed on a person convicted by a magistrates’ court

 

who is to be sentenced as if convicted on indictment,

 

    

or provision affecting a relevant power to the extent that it relates to such fines.

 

(7)    

Regulations under this section—

 

(a)    

may make different provision for different cases or circumstances,

 

(b)    

may make provision generally or only for specified cases or

 

circumstances, and

 

(c)    

may make consequential, incidental, supplementary, transitional,

 

transitory or saving provision.

 

(8)    

The power under subsection (7)(c) includes power to amend, repeal, revoke or

 

otherwise modify any provision which, immediately before the commencement

 

day, is contained in an Act or an instrument made under an Act (whether or not

 

the provision is in force at that time).

 

(9)    

Regulations under this section are to be made by statutory instrument.

 

(10)    

A statutory instrument containing regulations under this section may not be made

 

unless a draft of the instrument has been laid before, and approved by a resolution

 

of, each House of Parliament.

 

(11)    

If, immediately before the commencement day, the sum specified as level 5 on

 

the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard

 

scale of fines for summary offences) is greater than £5,000, the references in this

 

section to £5,000 have effect as if they were references to that sum.

 

(12)    

In this section “Act”, “the commencement day”, “relevant offence” and “relevant

 

power” have the same meaning as in section [Removal of limit on certain fines on

 

conviction by magistrates’ court].’.

 

Power to amend standard scale of fines for summary offences

 

Secretary Kenneth Clarke

 

NC25

 

To move the following Clause:—


 
 

Notices of Amendments: 25 October 2011                  

3615

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

‘(1)    

The Secretary of State may by order substitute higher sums for the sums for the

 

time being specified as levels 1 to 4 on the standard scale in section 37(2) of the

 

Criminal Justice Act 1982 (standard scale of fines for summary offences).

 

(2)    

The power under subsection (1) may not be exercised so as to alter the ratio of

 

one of those levels to another.

 

(3)    

In section 143 of the Magistrates’ Courts Act 1980 (power to alter sums including

 

standard scale of fines for summary offences), in subsection (3)(b), after

 

“subsection (1) above” insert “or section [Power to amend standard scale of fines

 

for summary offences] of the Legal Aid, Sentencing and Punishment of Offenders

 

Act 2011”.

 

(4)    

In section 37 of the Criminal Justice Act 1982 (standard scale of fines for

 

summary offences), in subsection (3), at the end insert “or section [Power to

 

amend standard scale of fines for summary offences] of the Legal Aid, Sentencing

 

and Punishment of Offenders Act 2011”.

 

(5)    

An order under this section is to be made by statutory instrument.

 

(6)    

A statutory instrument containing an order under this section may not be made

 

unless a draft of the instrument has been laid before, and approved by a resolution

 

of, each House of Parliament.

 

(7)    

An order under this section does not affect fines for offences committed before

 

the order comes into force.’.

 

Offence of squatting in a residential building

 

Secretary Kenneth Clarke

 

NC26

 

To move the following Clause:—

 

‘(1)    

A person commits an offence if—

 

(a)    

the person is in a residential building as a trespasser having entered it as

 

a trespasser,

 

(b)    

the person knows or ought to know that he or she is a trespasser, and

 

(c)    

the person is living in the building or intends to live there for any period.

 

(2)    

The offence is not committed by a person holding over after the end of a lease or

 

licence (even if the person leaves and re-enters the building).

 

(3)    

For the purposes of this section—

 

(a)    

“building” includes any structure or part of a structure (including a

 

temporary or moveable structure), and

 

(b)    

a building is “residential” if it is designed or adapted, before the time of

 

entry, for use as a place to live.

 

(4)    

For the purposes of this section the fact that a person derives title from a

 

trespasser, or has the permission of a trespasser, does not prevent the person from

 

being a trespasser.

 

(5)    

A person convicted of an offence under this section is liable on summary

 

conviction to imprisonment for a term not exceeding 51 weeks or a fine not

 

exceeding level 5 on the standard scale (or both).

 

(6)    

In relation to an offence committed before the commencement of section 281(5)

 

of the Criminal Justice Act 2003, the reference in subsection (5) to 51 weeks is to

 

be read as a reference to 6 months.

 

(7)    

For the purposes of subsection (1)(a) it is irrelevant whether the person entered

 

the building as a trespasser before or after the commencement of this section.’.


 
 

Notices of Amendments: 25 October 2011                  

3616

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Reasonable force for the purposes of self-defence etc

 

Secretary Kenneth Clarke

 

NC27

 

To move the following Clause:—

 

‘(1)    

Section 76 of the Criminal Justice and Immigration Act 2008 (reasonable force

 

for the purposes of self-defence etc) is amended as follows.

 

(2)    

In subsection (2) after paragraph (a) omit “and” and insert—

 

“(aa)    

the common law defence of defence of property; and”.

 

(3)    

After subsection (6) insert—

 

“(6A)    

In deciding the question mentioned in subsection (3), a possibility that D

 

could have retreated is to be considered (so far as relevant) as a factor to

 

be taken into account, rather than as giving rise to a duty to retreat.”

 

(4)    

In subsection (8) for “Subsection (7) is” substitute “Subsections (6A) and (7)

 

are”.

 

(5)    

In subsection (10)(a) after sub-paragraph (i) omit “or” and insert—

 

“(ia)    

the purpose of defence of property under the common

 

law, or”.’.

 

Secretary Kenneth Clarke

 

133

 

Page  96,  line  13  [Clause  115],  leave out ‘or transitional’ and insert ‘transitional,

 

transitory or saving’.

 

Secretary Kenneth Clarke

 

134

 

Page  96,  line  14  [Clause  115],  leave out ‘Parts 1 to 3 of’.

 

Secretary Kenneth Clarke

 

135

 

Page  96,  line  16  [Clause  115],  leave out from ‘legislation’ to end of line 17.

 

Secretary Kenneth Clarke

 

136

 

Page  97,  line  24  [Clause  118],  at end insert—

 

‘( )    

Subsection (5) does not apply to section [Reasonable force for the purposes of

 

self-defence etc] (which extends to England and Wales only).’.

 

Secretary Kenneth Clarke

 

137

 

Page  133,  line  3  [Schedule  4],  leave out ‘or transitional’ and insert ‘transitional,

 

transitory or saving’.

 

Secretary Kenneth Clarke

 

138

 

Page  133,  line  7  [Schedule  4],  leave out from ‘Schedule’ to end of line 8.

 

Secretary Kenneth Clarke

 

139

 

Title,  line  3,  after ‘proceedings;’ insert ‘to make provision about referral fees in

 

connection with the provision of legal services;’.


 
 

Notices of Amendments: 25 October 2011                  

3617

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Secretary Kenneth Clarke

 

140

 

Title,  line  10,  at end insert ‘; to create a new offence relating to squatting’.

 

Secretary Kenneth Clarke

 

141

 

Title,  line  10,  at end insert ‘; and to amend section 76 of the Criminal Justice and

 

Immigration Act 2008’.

 


 
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Revised 26 October 2011