|
|
| |
| |
|
| | (c) | determining the maximum and minimum fee that may be |
|
| | specified under sub-paragraph (1)(c), and the frequency of such |
|
| | |
| | (d) | regulating the functions of the monitoring officer; and |
|
| | (e) | making such supplemental, incidental, consequential and |
|
| | transitional provision as the Secretary of State considers |
|
| | |
| | |
| | “appropriate adult” means— |
|
| | (g) | the offender’s parent or guardian or, if the offender is in the care |
|
| | of the local authority or voluntary organisation, a person |
|
| | representing that authority or organisation, |
|
| | (h) | a social worker of the local authority, or |
|
| | (i) | if no person falling within paragraph (a) or (b) is available, any |
|
| | responsible person aged 18 or over who is not a police officer or |
|
| | a person employed by the police; |
|
| | “monitoring officer” means any person, other than the responsible officer, |
|
| | specified in an alcohol monitoring requirement as the person to whom |
|
| | samples must be provided.”. |
|
| | (2) | Schedule (Youth rehabilitation orders: Alcohol monitoring requirement) makes |
|
| | further amendments to the Criminal Justice and Immigration Act 2008.’. |
|
| |
| | Unsolicited cold calling and SMS texting to induce a legal claim |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Information Commissioner shall investigate a complaint that a person has |
|
| | received an unsolicited telephone call or SMS text message to induce that person |
|
| | to make a claim for damages in respect of personal injury. |
|
| | (2) | If the complaint is substantiated the Information Commissioner shall instruct the |
|
| | telephone network operators of the line from which the call was made and to |
|
| | which a return call was solicited to— |
|
| | |
| | (i) | the lines from which the call or SMS text was made and to which |
|
| | a return call was solicited; and |
|
| | (ii) | all other lines used by the individual or business initiating the call |
|
| | |
| | |
| | (b) | not reconnect that individual or business to another line for a period of 12 |
|
| | months or such other period as the Commissioner shall prescribe. |
|
| | (3) | Within five days of receipt of an instruction under subsection (2) above the |
|
| | telephone network operators shall act upon it. |
|
|
|
| |
| |
|
| | (4) | The Information Commissioner shall notify all other telephone network operators |
|
| | of an instruction under subsection (2) above. |
|
| |
| | Referral fees and whiplash injuries in road traffic cases |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A person who pays, offers or requests a referral fee, or who enters into an |
|
| | agreement for the payment of a referral fee, in relation to any road traffic claim is |
|
| | guilty of an offence and liable on summary conviction, to imprisonment for a |
|
| | term not exceeding six months or to a fine not exceeding the statutory maximum |
|
| | |
| | (2) | A person is not entitled to damages for whiplash injury arising out of a collision |
|
| | between motor vehicles unless— |
|
| | (a) | the speed of any vehicle involved in the collision was five miles per hour |
|
| | |
| | (b) | medical evidence establishes that the person had at the time of the |
|
| | collision a particular susceptibility to neck or back injury. |
|
| | |
| | “referral fee” means a money payment (other than a payment for advertising |
|
| | or publicity) between persons carrying on business for profit, for the |
|
| | purpose of procuring instructions to conduct a claim; |
|
| | “road traffic claim” means a claim for damages for personal injuries arising |
|
| | out of the use of a motor vehicle; and |
|
| | “whiplash injury” means an injury to the neck caused by an abrupt jerking |
|
| | |
| |
| | Personal injury cases: unsolicited communications and disclosure of data |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In this section, “prohibited communication” means— |
|
| | (a) | an unsolicited written message sent by electronic means (including a text |
|
| | message sent over a mobile communications network), |
|
| | (b) | an unsolicited telephone call, or |
|
| | (c) | a telephone call consisting of a pre-recorded or automated message, |
|
| | | intended or likely to encourage a person to make a claim for damages for personal |
|
| | injuries or to obtain from the sender of the communication any services connected |
|
| | |
| | (2) | A person who sends any prohibited communication, or who causes or permits a |
|
| | prohibited communication to be sent, is guilty of an offence and liable on |
|
|
|
| |
| |
|
| | summary conviction, to imprisonment for a term not exceeding six months or to |
|
| | a fine not exceeding the statutory maximum or to both; |
|
| | (3) | For the purposes of the first data protection principle set out in Part 1 of Schedule |
|
| | 1 to the Data Protection Act 1998 (“the 1998 Act”), data processed by a person |
|
| | carrying on business for profit are not to be treated as processed fairly and |
|
| | |
| | (a) | indicated that the data subject has suffered, or may have suffered, |
|
| | |
| | (b) | are disclosed to another person without the data subject’s explicit |
|
| | |
| | (4) | Where an offence under section 55(1), (4) or (5) of the 1998 Act (obtaining, |
|
| | disclosing, etc. personal data without data controller’s consent, or selling or |
|
| | offering to sell such data) relates to personal data held by a person carrying on |
|
| | business for profit, and the data indicate that the data subject has, or may have, |
|
| | suffered personal injuries, a person guilty of the offence is liable (instead of the |
|
| | penalties prescribed by section 60(2) of that Act) on summary conviction, to |
|
| | imprisonment for a term not exceeding six months or to a fine not exceeding the |
|
| | statutory maximum or to both. |
|
| | (5) | In section 55 of the 1998 Act after subsection (5) insert the following new |
|
| | |
| | “(5A) | A data controller who, in the course of a business carried on for profit, |
|
| | and without the data subject’s explicit consent, discloses to another |
|
| | person (“B”) personal data which indicate that the data subject has, or |
|
| | may have suffered personal injuries, and who— |
|
| | (a) | intends that the data be used for the purpose of making any |
|
| | prohibited communication (within the meaning of section |
|
| | [Unsolicited communications etc. in personal injury cases] of |
|
| | the Legal Aid, Sentencing and Punishment of Offenders Act |
|
| | |
| | (b) | is reckless as to whether the data are so used, |
|
| | |
| | (5B) | A person guilty of an offence under subsection (5A) is liable (instead of the |
|
| | penalties prescribed by section 60(2)) on summary conviction, to imprisonment |
|
| | for a term not exceeding six months or to a fine not exceeding the statutory |
|
| | |
| |
| | Personal injury claims management companies |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The ombudsman scheme established under Part 6 of the Legal Services Act 2007 |
|
| | applies to persons providing personal injury claims management services as if the |
|
| | person providing those services was at the relevant time (within the meaning of |
|
| | section 128 of that Act) an authorised person in relation to a reserved legal |
|
| | |
| | (2) | For the purposes of subsection (1) the provisions of and made under that Part |
|
| | apply, with the necessary modifications, to persons providing personal injury |
|
|
|
| |
| |
|
| | claims management services as they apply to authorised persons carrying on |
|
| | reserved legal activities. |
|
| | (3) | A person providing personal injury claims management services (“the provider”) |
|
| | must ensure that subsection (5) is complied with in relation to any published |
|
| | material designed to bring the provider’s services to the attention of members of |
|
| | |
| | (4) | Where a provider enters into a contract with another person (“the client”) for the |
|
| | provision of personal injury claims management services, the provider must |
|
| | immediately give the client a written statement complying with subsection (5). |
|
| | (5) | This subsection is complied with where the material or statement prominently— |
|
| | (a) | where the provider is not authorised under the Legal Services Act 2007 |
|
| | to conduct litigation, states that fact and that the provider’s services do |
|
| | not include conducting any proceedings; |
|
| | (b) | in a case to which paragraph (a) applies, and where the provider receives |
|
| | payment for referring claims, states that any proceedings resulting from |
|
| | the provider’s services will be conducted by a person to whom claims are |
|
| | |
| | (c) | whether or not paragraph (a) applies, discloses the average payment per |
|
| | case which the provider has received for referring claims during the |
|
| | |
| | (6) | A person who contravenes the duty imposed by subsection (3) or (4) is guilty of |
|
| | an offence and liable on summary conviction, to imprisonment for a term not |
|
| | exceeding six months or to a fine not exceeding the statutory maximum or to both. |
|
| | (7) | In this section, “personal injury claims management services” means advice or |
|
| | assistance, provided in the course of a business carried on for profit, in relation to |
|
| | the making of a claim for damages for personal injuries.’. |
|
| |
| | Duty to take into account risk of harm to victim when determining whether to grant bail |
|
| |
| | |
| 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 |
|
| |
| | |
| 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 |
|
| |
| | |
| 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 |
|
| |
| | |
| 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 |
|
| | 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 |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘The Criminal Justice Act 2003 is amended as follows. |
|
| | (1) | After section 227(2B) 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 |
|
| | |
| |
| | Approach to settle by an insurance company to a personal injury claimant |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | It shall be an offence for a third party’s insurance company to make an approach |
|
| | to a claimant who is making a claim for damages for personal injury against that |
|
| | third party with an offer to settle that claim if that approach is— |
|
| | |
| | (b) | the claimant has legal representation known to the insurance company. |
|
| | (2) | For the avoidance of doubt “unsolicited” in this section includes the mere |
|
| | intimation of a claim to the third party or his insurance company without a |
|
| | specific request for settlement proposals. |
|
| | (3) | If the third party’s insurance company makes an offer to settle in circumstances |
|
| | not prohibited by this section, then it must ensure— |
|
| | (a) | that adequate medical evidence of the personal injury is obtained and |
|
| | shared with the claimant; and |
|
| | (b) | the claimant is advised— |
|
| | (i) | of his right to obtain legal advice before deciding upon the offer; |
|
| | |
| | (ii) | in the event of acceptance, that the offer is in full and final |
|
| | settlement of the claim and cannot later be reopened, if that be |
|
| | |
| | (4) | In the event of a conviction under this section the penalty shall be an unlimited |
|
| | |
| |
| | Appeal against bail granted in the Crown Court |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘After section 1 of the Bail (Amendment) Act 1993 insert— |
|
| | “1A | Appeal against a decision granting bail in the Crown Court |
|
| | (1) | Where a Crown Court grants bail to a person who is charged with or |
|
| | convicted of an offence triable on indictment the prosecution may appeal |
|
| | to a Judge of the High Court against the granting of bail. |
|
|
|
| |
| |
|
| | (2) | Subsection (1) above applies only where the prosecution is conducted— |
|
| | (a) | by or on behalf of the Director of Public Prosecutions; or |
|
| | (b) | by a person who falls within such a class or description of person |
|
| | as may be prescribed for purposes of this section by order made |
|
| | by the Secretary of State. |
|
| | (3) | Such an appeal may be made only if— |
|
| | (a) | the prosecution made representations that bail should not be |
|
| | |
| | (b) | the representations were made before it was granted. |
|
| | (4) | In the event of the prosecution wishing to exercise the right of appeal set |
|
| | out in subsection (1) above oral notice of appeal shall be given to the |
|
| | Crown Court at the conclusion of the proceedings in which such bail has |
|
| | been granted and before the release from custody of the person |
|
| | |
| | (5) | Written notice of appeal shall thereafter be served on the Crown Court |
|
| | and the person concerned within two hours of the conclusion of such |
|
| | |
| | (6) | Upon receipt from the prosecution of oral notice of appeal from its |
|
| | decision to grant bail the Crown Court shall remand in custody the person |
|
| | concerned until the appeal is determined or otherwise disposed of. |
|
| | (7) | Where the prosecution falls within the period of two hours mentioned in |
|
| | subsection (5) above to serve one or both of the notices required by that |
|
| | subsection the appeal shall be deemed to have been disposed of. |
|
| | (8) | The hearing of an appeal under subsection (1) above against a decision of |
|
| | the Crown Court to grant bail shall be commenced within 48 hours |
|
| | excluding weekends and any public holiday (that is to say Christmas |
|
| | Day, Good Friday or a Bank Holiday) from the date on which oral notice |
|
| | |
| | (9) | At the hearing of any appeal by the prosecution under this section such |
|
| | appeal shall be by way of re-hearing and the judge hearing any such |
|
| | appeal may remand the person concerned in custody or may grant bail |
|
| | subject to such conditions (if any) as s/he thinks fit.’. |
|
| |
| | |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| | |
| | |
| To move the following Clause:— |
|
|