|
| |
| | |
| | |
| |
| | | ‘(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— |
|
| | | |
| | | (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 |
|
| | | |
| | | (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 |
|
| | |
| | | |
| | To move the following Clause:— |
|
|
| |
| | |
| | |
| |
| | | ‘(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 |
|
| | | |
| | | (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 |
|
| | |
| | | |
| | 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 |
|
| | | |
| | | (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 |
|
| | | |
| | | (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.’. |
|
|
| |
| | |
| | |
| |
| | | Reasonable force for the purposes of self-defence etc |
|
| | |
| | | |
| | 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) |
|
| | | |
| | | (5) | In subsection (10)(a) after sub-paragraph (i) omit “or” and insert— |
|
| | | “(ia) | the purpose of defence of property under the common |
|
| | | |
| | |
| | | |
| | Page 96, line 13 [Clause 115], leave out ‘or transitional’ and insert ‘transitional, |
|
| | |
| | |
| | | |
| | Page 96, line 14 [Clause 115], leave out ‘Parts 1 to 3 of’. |
|
| | |
| | | |
| | Page 96, line 16 [Clause 115], leave out from ‘legislation’ to end of line 17. |
|
| | |
| | | |
| | 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).’. |
|
| | |
| | | |
| | Page 133, line 3 [Schedule 4], leave out ‘or transitional’ and insert ‘transitional, |
|
| | |
| | |
| | | |
| | Page 133, line 7 [Schedule 4], leave out from ‘Schedule’ to end of line 8. |
|
| | |
| | | |
| | Title, line 3, after ‘proceedings;’ insert ‘to make provision about referral fees in |
|
| | connection with the provision of legal services;’. |
|
