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| | given up to and including |
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| | New Amendments handed in are marked thus  |
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| | Legal Aid, Sentencing and Punishment of Offenders Bill, As
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| | | The Amendments have been arranged in accordance with the Legal Aid and |
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| | | Punishment of Offenders Bill (Programme) (No.2) Motion to be proposed by |
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| | | Secretary Kenneth Clarke. |
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| | AMENDMENTS TO, AND NEW CLAUSES AND NEW SCHEDULES RELATING TO, CLAUSES |
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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 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 17 [Schedule 1], leave out ‘3, 8 and 12’ and insert ‘and 3’. |
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| | Page 99, line 21 [Schedule 1], leave out ‘other than’ and insert ‘including’. |
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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 103, line 3 [Schedule 1], after ‘family’, insert ‘or other intimate’. |
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| | Page 103, line 4 [Schedule 1], at end insert ‘or where an allegation is made that B |
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| | has been abused by A or is at risk of being abused by A’. |
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| | Page 103, line 35 [Schedule 1], leave out ‘physical or mental abuse’ and insert ‘any |
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| | incident of threatening behaviour, violence or abuse (whether physical, mental, financial |
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| | Page 103 [Schedule 1], leave out lines 35 to 38. |
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| | Page 103 [Schedule 1], leave out lines 35 to 38 and insert— |
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| | | ‘“abuse” means any incident of threatening behaviour, violence or abuse |
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| | | (psychological, physical, sexual, financial or emotional) between adults |
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| | | who are or have been intimate partners or family members, regardless of |
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| | Page 104, line 23 [Schedule 1], at end insert— |
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| | | ‘(10) | For the purposes of this paragraph, evidence that A has been abused by B or is |
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| | | at risk of being abused by B may consist of one or more of the following |
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| | | (a) | a relevant court conviction or police caution; |
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| | | (b) | a relevant court order (including without notice, ex parte, interim or |
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| | | final orders) including a non-molestation order, occupation order, |
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| | | forced marriage protection order or other protective injunction; |
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| | | (c) | evidence of relevant criminal proceedings for an offence concerning |
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| | | domestic violence or a police report confirming attendance at an |
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| | | incident resulting from domestic violence; |
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| | | (d) | evidence that a victim has been referred to a Multi-Agency Risk |
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| | | Assessment Conference (as a high-risk victim of domestic violence) |
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| | | and a plan has been put in place to protect that victim from violence |
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| | | (e) | a finding of fact in the family courts of domestic violence by the other |
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| | | party giving rise to the risk of harm to the victim; |
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| | | (f) | a medical report from a doctor at a UK hospital confirming that the |
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| | | applicant has injuries consistent with being a victim of domestic |
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| | | violence, such injuries not being limited to physical injuries; |
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| | | (g) | a letter from a General Medical Council registered general practitioner |
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| | | confirming that he or she has examined the applicant and is satisfied |
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| | | that the applicant had injuries consistent with those of a victim of |
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| | | (h) | an undertaking given to a court that the perpetrator of the abuse will |
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| | | not approach the applicant who is the victim of the abuse; |
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| | | (i) | a letter from a social services department confirming its involvement |
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| | | in connection with domestic violence; |
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| | | (j) | a letter of support or a report from a domestic violence support |
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| | | (k) | other well-founded documentary evidence of abuse (such as from a |
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| | | counsellor, midwife, school or witnesses). |
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| | | (11) | For the avoidance of doubt, no time limit shall operate in relation to any |
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| | | evidence supporting an application for civil legal services under paragraph |
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| | Page 104, line 25 [Schedule 1], leave out ‘(“A”)’. |
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| | Page 104, line 27 [Schedule 1], leave out ‘other than A’. |
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| | Page 104, line 39 [Schedule 1], at end insert— |
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| | | ‘(1A) | Civil legal services provided to an adult in relation to proceedings for financial |
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| | | relief in respect of a child who is the subject of an order or procedure mentioned |
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| | Page 104, line 39 [Schedule 1], at end insert— |
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| | | ‘(1B) | Civil legal services provided in relation to proceedings in which the court is |
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| | | considering giving a direction under section 37 of the Children Act 1989 |
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| | | (direction to authority, where care or supervision order may be appropriate, to |
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| | | investigate child’s circumstances).’. |
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| | Page 104, line 39 [Schedule 1], at end insert— |
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| | | ‘(1C) | Civil legal services provided in relation to proceedings arising out of a family |
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| | | relationship involving a child in respect of whom a court has given a direction |
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| | | under section 37 of the Children Act 1989 (direction to authority, where care or |
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| | | supervision order may be appropriate, to investigate child’s circumstances); and |
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| | | “family relationship” has the same meaning for the purposes of this sub- |
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| | | paragraph as it has for the purposes of paragraph 10.’. |
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| | Page 105, line 42 [Schedule 1], leave out ‘to a child’. |
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| | Page 105, line 43 [Schedule 1], leave out first ‘the’ and insert ‘a’. |
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| | Page 106, line 1 [Schedule 1], leave out first ‘the’ and insert ‘a’. |
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| | Page 106, line 3 [Schedule 1], leave out first ‘the’ and insert ‘a’. |
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| | Page 108, line 44 [Schedule 1], leave out sub-paragraphs (5), (6) and (7). |
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| | Page 109, line 13 [Schedule 1], leave out ‘in connection with’ and insert ‘of’. |
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| | Page 109, line 15 [Schedule 1], at end insert ‘where there is no right of appeal to the |
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| | First-tier Tribunal against the decision’. |
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| | Page 109, line 16 [Schedule 1], after ‘section’, insert ‘94 or’. |
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| | Page 109, line 17 [Schedule 1], after ‘preventing’, insert ‘or restricting’. |
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| | Page 110, line 14 [Schedule 1], leave out ‘6, 8 and 12’ and insert ‘and 6’. |
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| | Page 110, line 18 [Schedule 1], leave out ‘other than clinical negligence’. |
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| | Page 110, line 18 [Schedule 1], leave out ‘other than’ and insert ‘including’. |
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| | Page 110 [Schedule 1], leave out lines 28 to 30. |
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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 41 [Schedule 1], leave out ‘6, 8 and 12’ and insert ‘and 6’. |
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| | Page 111, line 4 [Schedule 1], leave out ‘other than’ and insert ‘including’. |
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| | Page 112, line 5 [Schedule 1], at end insert— |
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| | | ‘Immigration: victims of domestic violence and indefinite leave to remain |
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| | | 24A(1) | Civil legal services provided to an individual (“I”) in relation to an application |
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| | | by the individual for indefinite leave to remain in the United Kingdom on the |
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| | | (a) | I was given leave to enter or remain in the United Kingdom for a |
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| | | limited period as the partner of another individual present and settled |
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| | | in the United Kingdom, and |
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| | | (b) | I’s relationship with the other individual broke down permanently as |
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| | | a result of the abuse of I by an associated person. |
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| | | (2) | Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. |
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| | | (3) | The services described in sub-paragraph (1) do not include attendance at an |
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| | | interview conducted on behalf of the Secretary of State with a view to reaching |
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| | | a decision on an application. |
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| | | (4) | For the purposes of this paragraph, one individual is a partner of another if— |
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| | | (a) | they are married to each other, |
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| | | (b) | they are civil partners of each other, or |
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| | | (c) | they are cohabitants. |
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| | | “abuse” means physical or mental abuse, including— |
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| | | (b) | abuse in the form of violence, neglect, maltreatment and |
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| | | “associated person”, in relation to an individual, means a person who is |
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| | | associated with the individual within the meaning of section 62 of the |
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| | | “cohabitant” has the same meaning as in Part 4 of the Family Law Act 1996 |
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| | | (see section 62 of that Act); |
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| | | “indefinite leave to remain in the United Kingdom” means leave to remain |
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| | | in the United Kingdom under the Immigration Act 1971 which is not |
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| | | “present and settled in the United Kingdom” has the same meaning as in the |
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| | | rules made under section 3(2) of the Immigration Act 1971.’. |
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| | Page 112, line 5 [Schedule 1], at end insert— |
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| | | ‘Immigration: victims of domestic violence and indefinite leave to remain |
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| | | 24A(1) | Civil legal services provided to an individual (“I”) in relation to an application |
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| | | by the individual for indefinite leave to remain in the United Kingdom or a |
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| | | claim by the individual to a right to reside in the United Kingdom, on the |
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