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| | Wednesday 26 October 2011 |
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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | 3513-18, 3523-26, 3531-34, 3535-46, 3575-81, 3583-87 and 3607-17 |
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| | Legal Aid, Sentencing and Punishment of Offenders Bill, As |
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| | Page 110, line 32 [Schedule 1], at end insert— |
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| | | ‘19A (1) | Civil Legal Services provided in relation to Clinical Negligence. |
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| | | (2) | In this paragraph Clinical Negligence means breach of duty or care or trespass |
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| | | to the person committed in the course of the provision of clinical or medical |
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| | | services (including dental or nursing services)’. |
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| | Page 110, line 18 [Schedule 1], leave out ‘other than’ and insert ‘including’. |
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| | Page 39, line 30 [Clause 54], at end insert— |
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| | | ‘(3A) | The court has a duty when passing a sentence of imprisonment for a term not |
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| | | exceeding six months only to pass said sentence where the court considers that no |
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| | | other method of dealing with the person is appropriate and must— |
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| | | (a) | state its reasons for the opinion that no other method of dealing with the |
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| | | person is appropriate, and |
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| | | (b) | have those reasons entered in the record of the proceedings.’. |
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| | Page 112, line 11 [Schedule 1], at end insert— |
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| | | ‘(1A) | Civil legal services provided to an individual for a matter arising out of any |
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| | | rule laid down under section 1(4) of the Immigration Act 1971 making |
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| | | provision for family members to enter or remain in the United Kingdom as the |
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| | | family member of a refugee or beneficiary of humanitarian protection.’. |
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| | Page 5, line 40 [Clause 8], after ‘determination’, insert ‘, or |
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| | | (c) | if they are services excluded by Part 1 and Part 2 of Schedule 1 and— |
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| | | (i) | they relate to proceedings before a court or tribunal for which a |
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| | | court or tribunal has granted leave or permission to appeal, |
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| | | including where the person to whom services may be provided is |
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| | | a party to the proceedings other than the party to whom |
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| | | permission has been granted. |
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| | | (ii) | the Director has determined that the individual’s financial |
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| | | resources are such that the individual would be eligible for civil |
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| | | legal services in accordance with section 20 [Financial |
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| | | (2) | Subsection 1(c) does not permit the availability of services for those matters |
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| | | excluded by paragraphs 9 to 11, 13 or 14 of Part 2 of Schedule 1.’. |
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| | Page 118, line 9 [Schedule 1], at end insert— |
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| | | Proceedings brought by permission |
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| | | ‘38A (1) | Civil legal services relating to proceedings before a court or tribunal for which |
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| | | a court or tribunal has granted leave or permission to appeal, including where |
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| | | the person to whom services may be provided is a party to the proceedings |
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| | | other than the party to whom permission has been granted. |
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| | | (2) | Sub-paragraph (1) is not subject to the exclusions in Part 2 of this Schedule, |
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| | | with the exceptions of paragraphs 9 to 11, 13 and 14 of that Part and is not |
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| | | subject to the exclusions in Part 3 of this Schedule.’. |
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| | Page 21, line 7, leave out Clause 26. |
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| | Page 118, line 21 [Schedule 1], at end insert— |
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| | | | Civil legal services provided in relation to any review or appeal concerning a |
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| | | benefit, allowance, payment, credit or pension under— |
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| | | (a) | the Social Security Contributions and Benefits Act 1992, |
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| | | (b) | the Jobseekers Act 1995, |
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| | | (c) | the State Pension Credit Act 2002, |
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| | | (d) | the Tax Credits Act 2002, |
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| | | (e) | the Welfare Reform Act 2007, |
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| | | (f) | the Welfare Reform Act 2011, or |
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| | | (g) | any other enactment relating to social security’. |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State shall— |
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| | | (a) | in each year publish a strategy designed to promote the just and |
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| | | appropriate treatment of women in the criminal justice process, and |
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| | | (b) | appoint a person with responsibility for leading and co-ordinating the |
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| | | implementation of that strategy. |
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| | | (2) | Publication under subsection (1)(a) shall be affected in such manner as the |
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| | | Secretary of State considers appropriate for the purpose of bringing the strategy |
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| | | to the attention of persons engaged in the administration of criminal justice and |
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| | Page 29, line 21 [Clause 41], at end insert— |
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| | | ‘(aa) | the amendments made by subsections (2) and (4) do not apply in relation |
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| | | to proceedings which include a claim for damages for loss or bodily |
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| | | injury resulting from exposure to a harmful substance or process where |
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| | | the claim is made against a person who— |
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| | | (i) | carries on business in more than one country, or |
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| | | (ii) | owns (wholly or partly) one or more businesses carried on in |
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| | | more than one country or in different countries.’. |
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| | Page 31, line 45 [Clause 43], at end insert— |
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| | | ‘(6) | The amendments made by this section do not apply in relation to a costs order |
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| | | made in favour of a party to proceedings which include a claim for damages for |
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| | | loss or bodily injury resulting from exposure to a harmful substance or process |
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| | | where the claim is made against a person who— |
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| | | (a) | carries on business in more than one country, or |
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| | | (b) | owns (wholly or partly) one or more businesses carried on in more than |
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| | | one country or in different countries.’. |
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| | Page 29, line 36 [Clause 41], at end insert— |
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| | | ‘(4A) | The amendments made by subsections (2) and (4) do not apply in relation to a |
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| | | success fee payable under a conditional fee agreement made in relation to— |
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| | | (a) | any proceedings in relation to the torts of defamation or privacy; |
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| | | (b) | any proceedings arising out of the same cause of action as any |
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| | | proceedings to which sub-paragraph (a) refers.’. |
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| | Page 32, line 4 [Clause 43], at end insert— |
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| | | ‘(4) | The amendments made by this section do not apply in relation to a costs order |
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| | | made in favour of a party to proceedings in a cause of action in relation to the torts |
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| | | of defamation or privacy.’. |
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| | To move the following Clause:— |
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| | | “defamation” means “libel, slander or malicious falsehood”; |
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| | | “privacy” means “the misuse of private information”; |
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| | | “proceedings” includes any sort of proceedings for resolving disputes (and |
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| | | not just proceedings in court), whether commenced or contemplated.’. |
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| | Page 93, line 41 [Clause 113], leave out from beginning to end of line 4 on page 94 |
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| | | ‘(5) | Where a person aged 16 or over is convicted of an offence under this section, the |
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| | | court must impose an appropriate custodial sentence (with or without a fine) |
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| | | unless the court is of the opinion that there are particular circumstances which— |
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| | | (a) | relate to the offence or to the offender, and |
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| | | (b) | would make it unjust to do so in all the circumstances. |
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| | | (5A) | In this section “appropriate custodial sentence” means— |
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| | | (a) | in the case of a person who is aged 18 or over when convicted, a sentence |
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| | | of imprisonment for a term of at least 6 months; |
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| | | (b) | in the case of a person who is aged at least 16 but under 18 when |
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| | | convicted, a detention and training order of at least 4 months. |
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| | | (5B) | In considering whether it is of the opinion mentioned in subsection (5) in the case |
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| | | of a person aged under 18, the court must have regard to its duty under section 44 |
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| | | of the Children and Young Persons Act 1933.”’. |
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| | Page 94, line 10 [Clause 113], leave out ‘(5)’ and insert ‘(5A)(a)’. |
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| | Page 95, line 1 [Clause 113], leave out from beginning to end of line 6 and insert— |
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| | | ‘(7) | Where a person aged 16 or over is convicted of an offence under this section, the |
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| | | court must impose an appropriate custodial sentence (with or without a fine) |
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| | | unless the court is of the opinion that there are particular circumstances which— |
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| | | (a) | relate to the offence or to the offender, and |
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| | | (b) | would make it unjust to do so in all the circumstances. |
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| | | (7A) | In this section “appropriate custodial sentence” means— |
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| | | (a) | in the case of a person who is aged 18 or over when convicted, a sentence |
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| | | of imprisonment for a term of at least 6 months; |
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| | | (b) | in the case of a person who is aged at least 16 but under 18 when |
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| | | convicted, a detention and training order of at least 4 months. |
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| | | (7B) | In considering whether it is of the opinion mentioned in subsection (7) in the case |
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| | | of a person aged under 18, the court must have regard to its duty under section 44 |
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| | | of the Children and Young Persons Act 1933.”’. |
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| | Page 95, line 12 [Clause 113], leave out ‘(7)’ and insert ‘(7A)(a)’. |
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| | Page 195, line 34 [Schedule 17], at end insert— |
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| | | ‘10A | In section 100 (offenders under 18: detention and training orders) after |
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| | | “(1A) | Subsection (1) applies with the omission of paragraph (b) in the case |
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| | | of an offence the sentence for which falls to be imposed under these |
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