House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Notices of Amendments: 27 October 2011
3705

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

‘(1)
The Secretary of State shall—

(a)
in each year publish a strategy designed to promote the just and

appropriate treatment of women in the criminal justice process, and

(b)
appoint a person with responsibility for leading and co-ordinating the

implementation of that strategy.

(2)
Publication under subsection (1)(a) shall be affected in such manner as the

Secretary of State considers appropriate for the purpose of bringing the strategy

to the attention of persons engaged in the administration of criminal justice and

of the public.’.

Restorative justice for victims

Caroline Lucas

NC35


To move the following Clause:—

‘(1)
Where—

(a)
at their first hearing a defendant pleads or has pleaded guilty to an

offence, and

(b)
there is an identifiable victim of that offence,


the court must remand the defendant, either on bail or in custody, in order that the

victim shall be offered the opportunity to participate in a process of restorative

justice involving contact between the offender and any person or persons affected

by the offence.

(2)
The court need not remand the defendant, either on bail or in custody, for the

purpose specified in subsection (1) where it is of the opinion that the offence was

so serious that this would be inappropriate.’.

Disclosure of information about convictions etc. of violent abusers to members of the

public

Hazel Blears

Martin Caton

Mary Creagh

Jim Dowd

Julie Elliott

Paul Goggins

Total signatories: 19

Kate Green

Julie Hilling

Mrs Siân C. James

Alan Johnson

Barbara Keeley

Mrs Eleanor Laing

Dr Julian Lewis

Fiona Mactaggart

Penny Mordaunt

Steve Rotherham

Joan Ruddock

Jenny Willott

Diana Johnson

NC36


To move the following Clause:—

Notices of Amendments: 27 October 2011
3706

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

‘(1)
The responsible authority for each area must, in the course of discharging its

functions under arrangements established under section 325 of the Criminal

Justice Act 2003, consider whether to disclose information in its possession about

the relevant previous convictions of any violent abuser managed by it to any

person deemed by the authority to be at risk.

(2)
In the case mentioned in subsection (3) there is a presumption that the responsible

authority should disclose information in its possession about the relevant

previous convictions of the offender to the particular member of the public.

(3)
The case where the responsible authority for the area has reasonable cause to

believe that—

(a)
a serial violent abuser managed by it poses a risk in that or any other area

of causing serious harm to a particular at risk person; and

(b)
disclosure of information about the relevant previous conviction of the

offender to the particular member of the public is necessary for the

purpose of protecting the at risk person from serious harm caused by the

offender.

(4)
The presumption under subsection (2) arises if the person to whom the

information is disclosed requests the disclosure.

(5)
Where the responsible authority makes a disclosure under this section—

(a)
it may disclose such information about the relevant previous convictions

of the offender as it considers appropriate to disclose to the member of

the public concerned, and

(b)
it may impose conditions for preventing the member of public concerned

for disclosing the information to any other persons.

(6)
Any disclosure under this section must be made as soon as is reasonably practical

having regard to all the circumstances.

(7)
The responsible authority for each area must compile and maintain a record about

the decisions it makes in relation to the discharge of its functions under this

section.

(8)
The record must include the following information—

(a)
the reasons for making a decision to disclose information under this

section;

(b)
the reasons for making a decision not to disclose information under this

section, and

(c)
the information which is disclosed under this section, any conditions

imposed in relation to its further disclosure and the name and address of

the person to whom it is disclosed.

(9)
Nothing in this section requires or authorises the making of a disclosure which

contravenes the Data Protection Act 1998.

(10)
This section is not to be taken as affecting any power of any person to disclose

any information about a violent abuser.’.

Notices of Amendments: 27 October 2011
3707

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Disclosure of information about convictions etc. of violent abusers to members of the

public: interpretation

Hazel Blears

Martin Caton

Mary Creagh

Jim Dowd

Julie Elliott

Paul Goggins

Total signatories: 19

Kate Green

Julie Hilling

Mrs Siân C. James

Alan Johnson

Barbara Keeley

Mrs Eleanor Laing

Dr Julian Lewis

Fiona Mactaggart

Penny Mordaunt

Steve Rotherham

Joan Ruddock

Jenny Willott

Diana Johnson

NC37


To move the following Clause:—

‘(1)
This section applies for the purposes of NC36.

(2)
“At risk person” means a person deemed by the responsible authority to be at risk

because of a proximate relationship to a person with a history of violent abuse.

(3)
“Violent abuse” means any offences falling within the parameters of subsection

224 of the Criminal Justice Act 2003 committed against a person with whom the

offender enjoyed a proximate relationship.

(4)
“Violent abuse” means any person who—

(a)
has been convicted of an offence covered by subsection (3);

(b)
has been found not guilty of such an offence by reason of insanity;

(c)
has been found to be under a disability and to have done the act charged

against the person in respect of such an offence; or

(d)
has been cautioned in respect of such an offence.

(5)
“Responsible authority” is used in relation to any area, means the chief officer of

police, the local probation board for that area [or (if there is no local probation

board for that area) a relevant provider of probation services] and the Minister of

the Crown exercising functions in relation to prisons, acting jointly.

(6)
In relation to a responsible authority, references to information about the relevant

previous convictions of a violent abuser are references to information about—

(a)
convictions, findings and cautions mentioned in subsection (4)(a) to (d)

which relate to the offender; and

(b)
anything under the law of any country or territory outside England and

Wales which in the opinion of the responsible authority corresponds to

any conviction, finding or caution with paragraph (a) (however

described).

(7)
References to serious harm caused by a violent abuser are references to serious

physical or psychological harm caused by the offender committing any offence

against another person with whom they enjoy a proximate relationship.

(8)
References to a proximate relationship are references to a person who is

associated with the victim as established under section 177(1)(a) of the Housing

Act 1996.

(9)
A responsible authority for any area manages a violent abuser if they offender is

a person who poses a risk in that area which falls to be managed by the authority

under the arrangements established by it under section 325 of the Criminal Justice

Act 2003.

Notices of Amendments: 27 October 2011
3708

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(10)
For the purposes of this section the provisions of section 4 of, and paragraph 3 of

Schedule 2 to, the Rehabilitation of Offenders Act 1974 (protection for spent

convictions and cautions) are to be disregarded.

(11)
In this section “cautioned,” in relation to any person and any offence, means—

(a)
cautioned after the person has admitted the offence; or

(b)
reprimanded or warned within the meaning given by section 65 of the

Crime and Disorder Act 1998.

(12)
Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003 (mentally

disordered offenders) apply for the purposes of this section as they apply for the

purposes of Part 2 of that Act.’.

Whiplash

Mr Jack Straw

NC38


To move the following Clause:—

‘(1)
This section applies to any personal injury claim for whiplash.

(2)
The onus shall be on the claimant to satisfy the court that there is independent,

objective evidence that the claimant has suffered harm, and the extent of that

harm.

(3)
No damages shall be recoverable if the only evidence is the subjective description

of symptoms by, or behalf of, the claimant.

(4)
There shall be a rebuttable presumption that no harm or injury to the claimant has

been suffered where either or both of the following conditions applies—

(a)
the collision giving rise to the accident took place at a relative speed of

15 miles per hour or less;

(b)
there are no musculoskeletal signs of any injury, including fracture and

dislocation.

(5)
In this section “whiplash” means a neck injury caused by a sudden movement of

the head forwards, backwards or sideways.’.

Road traffic accident pre-action protocol

Mr Jack Straw

NC39


To move the following Clause:—

‘(1)
The Table in Rule 45.29 of the Civil Procedure Rules 1998 (SI 1998/3132)

(Amount of fixed costs under the Pre-Action Protocol for Low Value Personal

Injury Claims in Road Traffic Accidents) is amended as follows.

(2)
The figure for Stage 1 shall be £200.

(3)
The figure for Stage 2 shall be £400.

(4)
The figure for Stage 3 for Type A fixed costs shall be £125.

(5)
The figure for Stage 3 for Type B fixed costs shall be £125.

Notices of Amendments: 27 October 2011
3709

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(6)
Any further amendment to the Table shall not be made by the Civil Procedure

Rule Committee but may be made by the Lord Chancellor by rules made by

statutory instrument and may not be made until a draft of the rules has been laid

before and approved by resolution of both Houses of Parliament.’.

Motor insurance risk pricing

Mr Jack Straw

NC40


To move the following Clause:—

‘(1)
In determining whether to provide motor insurance cover, and in setting the

relevant premium, it shall be unlawful and discriminatory for any insurer to seek

to isolate the level of risk arising from the incidence of personal injury road traffic

claims in an area smaller than the standard English region, or Wales, in which the

applicant for motor insurance resides.

(2)
Nothing in this section shall prevent an insurer from taking into account in

determining whether to provide cover, and the relevant premium—

(a)
the applicant’s personal circumstances, namely their age, occupation,

and record of claims, accidents, and convictions; or

(b)
the place where the insured vehicle is to be kept may be taken into

account only for the purpose of assessing the level of risk of thefts of or

from a vehicle.

(3)
An applicant who is disadvantaged by a breach by an insurer of the provisions of

this section shall be entitled to recover damages.’.

REMAINING NEW SCHEDULES

Mr Matthew Offord

Mike Freer

NS1

To move the following Schedule:—

‘Alcohol Monitoring Requirement

1
The Criminal Justice Act 2003 is amended as follows.

2
In section 177 (community orders)—

(a)
in subsection (1), after paragraph (j), insert—

“(ja)
an alcohol monitoring requirement (as defined in section

212A),”,

(b)
in subsection (2), after paragraph (g), insert “, and

(h)
section 212A(2) (alcohol monitoring requirement).”.

3
In section 182 (licence conditions)—

(a)
in subsection (1), after paragraph (f), insert—

“(fa)
an alcohol monitoring requirement (as defined in section

212A),”,

Notices of Amendments: 27 October 2011
3710

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(b)
in subsection (2), after paragraph (d), insert “, and

(e)
section 212A(2) (alcohol monitoring requirement).”.

4
In section 185 (intermittent custody: licence conditions), in subsection (1),

after paragraph (d), insert “, and

(e)
section 212A(2) (alcohol monitoring requirement).”.

5
In section 190 (imposition of requirements by suspended sentence order)—

(a)
in subsection (1), after paragraph (j), insert—

“(ja)
an alcohol monitoring requirement (as defined in section

212A),”,

(b)
in subsection (2), after paragraph (g), insert “, and

(h)
section 212A(2) (alcohol monitoring requirement).”.

(c)
in subsection (4), after “an alcohol treatment requirement,”, insert “an

alcohol monitoring requirement”.

6
In section 238 (power of court to recommend licence conditions), after

subsection (1), insert—

“(1A)
That may include a recommendation that the offender should be

required to refrain from consuming alcohol, including a

requirement that the offender submit to testing.”.

7
In section 250 (licence conditions), after subsection (2)(b)(ii), insert “, and

(iii)
a condition requiring the prisoner to refrain from

consuming alcohol, including a requirement that the

prisoner must submit to testing.”.

8    (1)
Schedule 8 (breach, revocation or amendment of community order) is

amended in accordance with this paragraph.

      (2)
In paragraph 5 (duty to give warning), in sub-paragraph (1), after the words

“community order”, insert “, other than a community order imposing an

alcohol monitoring requirement”.

      (3)
After paragraph 6, insert—

“Breach of an alcohol monitoring requirement

6A  (1)
If the responsible officer is of the opinion that the offender has

failed without reasonable excuse to comply with an alcohol

monitoring requirement—

(a)
a constable may arrest the offender without warrant, and

(b)
the responsible officer may cause an information to be laid

before a justice of the peace in respect of the failure in

question.

      (2)
In relation to any community order which was made by the Crown

Court and does not include a direction that any failure to comply

with the requirements of the order is to be dealt with by a

magistrates’ court, the reference in sub-paragraph (1) to a justice of

the peace is to be read as a reference to the Crown Court.”.

9    (1)
Schedule 12 (breach or amendment of suspended sentence order, and effect of

further conviction, is amended in accordance with this paragraph.

      (2)
In paragraph 4 (duty to give warning), in sub-paragraph (1), after “a suspended

sentence order”, insert “, other than an alcohol monitoring requirement”.

      (3)
After paragraph 5, insert—



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