House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Consideration of Bill: 31 October 2011
3734

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

“present and settled in the United Kingdom” has the same meaning as in the

rules made under section 3(2) of the Immigration Act 1971;

“right to reside” means a right of residence established under Directive

2004/38/EC of the European Parliament and the Council 29 April 2004

on the right of citizens of the Union and their family members to move

and reside within the territory of the Member States amending

Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/

360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/

EC, 90/365/EEC and 93/96/EEC.’.

Secretary Kenneth Clarke

60

Page  112,  line  10  [Schedule  1],  after ‘Article’, insert ‘2 or’.

Secretary Kenneth Clarke

61

Page  112,  line  11  [Schedule  1],  at end insert—

‘( )
the Qualification Directive.’.

Simon Hughes

Tom Brake

Mike Crockart

Mr David Ward

145

Page  112,  line  11  [Schedule  1],  at end insert—

  ‘(1A)
Civil legal services provided to an individual for a matter arising out of any

rule laid down under section 1(4) of the Immigration Act 1971 making

provision for family members to enter or remain in the United Kingdom as the

family member of a refugee or beneficiary of humanitarian protection.’.

Secretary Kenneth Clarke

62

Page  112,  line  25  [Schedule  1],  at end insert—

‘“the Qualification Directive” means Council Directive 2004/83/EC of 29

April 2004 on minimum standards for the qualification and status of third

country nationals or stateless persons as refugees or as persons who

otherwise need international protection and the content of the protection

granted;’.

Mr Andy Slaughter

119

Page  113,  line  4  [Schedule  1],  at end insert—

‘(c)
where someone’s financial difficulties could lead to loss of home.’.

Consideration of Bill: 31 October 2011
3735

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Tom Brake

Mr David Ward

131

Page  113,  line  4  [Schedule  1],  at end add—

‘(c)
financial difficulties leading to loss of home.’.

Secretary Kenneth Clarke

12

Page  115,  line  5  [Schedule  1],  at end insert—

‘“adult” means a person aged 18 or over;’.

Secretary Kenneth Clarke

13

Page  116,  line  5  [Schedule  1],  leave out ‘to the victim of a sexual offence in

relation to the offence’ and insert ‘in relation to a sexual offence, but only where—

(a)
the services are provided to the victim of the offence, or

(b)
the victim of the offence has died and the services are provided to the

victim’s personal representative.’.

Secretary Kenneth Clarke

14

Page  116,  line  13  [Schedule  1],  after ‘paragraph’ insert ‘—

“personal representative”, in relation to an individual who has died,

means—

(c)
a person responsible for administering the individual’s estate

under the law of England and Wales, Scotland or Northern

Ireland, or

(d)
a person who, under the law of another country or territory, has

functions equivalent to those of administering the individual’s

estate;’.

Mr Elfyn Llwyd

124

Page  118,  line  9  [Schedule  1],  at end insert—

‘Onward appeals

38A(2)
Civil legal services relating to a review or appeal under sections 11 or 13 of the

Tribunals, Courts and Enforcement Act 2007.

      (3)
Civil legal services relating to an appeal to the Supreme Court.


Exclusions

Consideration of Bill: 31 October 2011
3736

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

      (4)
Sub-paragraphs (1) and (2) are not subject to the exclusions in Part 2 of this

Schedule, with the exceptions of paragraphs 9-11, 13 and 14 of that Part, and

are not subject to the exclusions in Part 3 of this Schedule.’.

Simon Hughes

Tom Brake

Mike Crockart

Mr David Ward

147

Page  118,  line  9  [Schedule  1],  at end insert—

Proceedings brought by permission

‘38A (1)
Civil legal services relating to proceedings before a court or tribunal for which

a court or tribunal has granted leave or permission to appeal, including where

the person to whom services may be provided is a party to the proceedings

other than the party to whom permission has been granted.

Exclusions

      (2)
Sub-paragraph (1) is not subject to the exclusions in Part 2 of this Schedule,

with the exceptions of paragraphs 9 to 11, 13 and 14 of that Part and is not

subject to the exclusions in Part 3 of this Schedule.’.

Mr Andy Slaughter

118

Page  118,  line  20  [Schedule  1],  at end insert—

‘Welfare benefit cases

      ()
Civil legal services provided in relation to a benefit, allowance, payment,

credit or pension under—

(a)
the Social Security Contributions and Benefits Act 1992,

(b)
the Jobseekers Act 1995,

(c)
the State Pension Credit Act 2002,

(d)
the Tax Credits Act 2002,

(e)
the Welfare Reform Act 2007,

(f)
the Welfare Reform Act 2011, or

(g)
any other enactment relating to social security.’.

Mr Andy Slaughter

120

Page  118,  line  20  [Schedule  1],  at end insert—

‘Debt

      ()
All areas of debt-related disputes not otherwise covered in this Schedule, and’.

Consideration of Bill: 31 October 2011
3737

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Mr Andy Slaughter

121

Page  118,  line  20  [Schedule  1],  at end insert—

‘Housing

      ()
All areas of housing law not otherwise covered in this Schedule.’.

Mr Andy Slaughter

122

Page  118,  line  20  [Schedule  1],  at end insert—

‘Employment

      ()
All areas of employment law not otherwise covered in this Schedule.’.

Tom Brake

Stephen Lloyd

Mr David Ward

Mike Crockart

149

Page  118,  line  20  [Schedule  1],  at end insert—

‘Welfare benefit cases


Civil legal services provided in relation to any review or appeal concerning a

benefit, allowance, payment, credit or pension under—

(a)
the Social Security Contributions and Benefits Act 1992,

(b)
the Jobseekers Act 1995,

(c)
the State Pension Credit Act 2002,

(d)
the Tax Credits Act 2002,

(e)
the Welfare Reform Act 2007,

(f)
the Welfare Reform Act 2011, or

(g)
any other enactment relating to social security’.

Tom Brake

Mr David Ward

132

Page  118,  line  27  [Schedule  1],  after ‘negligence’, insert ‘with the exception of

clinical negligence’.

Consideration of Bill: 31 October 2011
3738

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Mr Andy Slaughter

Tom Brake

Mr David Ward

117

Page  119,  line  17  [Schedule  1],  leave out paragraph 15.

Secretary Kenneth Clarke

63

Page  120,  line  38  [Schedule  1],  at end insert—

‘12A
Advocacy in the First-tier Tribunal that falls within the description of civil

legal services in paragraph 24A of Part 1 of this Schedule.’.

Secretary Kenneth Clarke

15

Page  121,  line  1  [Schedule  1],  leave out ‘31,’.

Secretary Kenneth Clarke

16

Page  121,  line  1  [Schedule  1],  leave out ‘or 34’.

Secretary Kenneth Clarke

17

Page  121,  line  4  [Schedule  1],  leave out from ‘etc)’ to end of line 5.

Secretary Kenneth Clarke

18

Page  121,  line  7  [Schedule  1],  at end insert—

‘14A
Advocacy in proceedings in the Upper Tribunal under section 4 of the

Safeguarding Vulnerable Groups Act 2006.’.

NEW CLAUSES AND NEW SCHEDULES RELATING TO SENTENCES OF IMPRISONMENT OR

DETENTION FOR PUBLIC PROTECTION, LIFE SENTENCES, EXTENDED SENTENCES AND

THE RELEASE AND RECALL OF EXTENDED SENTENCE PRISONERS

Abolition of certain sentences for dangerous offenders

Secretary Kenneth Clarke

NC30

To move the following Clause:—

‘In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous

offenders) omit—

Consideration of Bill: 31 October 2011
3739

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(a)
section 225(3) to (4) (imprisonment for public protection for serious

offences),

(b)
section 226(3) to (4) (detention for public protection for serious

offences),

(c)
section 227 (extended sentence for certain violent or sexual offences:

persons 18 or over), and

(d)
section 228 (extended sentence for certain violent or sexual offences:

persons under 18).’.

Life sentence for second listed offence

Secretary Kenneth Clarke

NC31

To move the following Clause:—

‘(1)
In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous

offenders), after section 224 insert—

“224A
Life sentence for second listed offence

(1)
This section applies where—

(a)
a person aged 18 or over is convicted of an offence listed in Part

1 of Schedule 15B,

(b)
the offence was committed after this section comes into force,

and

(c)
the seriousness condition and the previous offence condition are

met.

(2)
The court must impose a sentence of imprisonment for life unless the

court is of the opinion that there are particular circumstances which—

(a)
relate to the offence, to the previous offence referred to in

subsection (4) or to the offender, and

(b)
would make it unjust to do so in all the circumstances.

(3)
The seriousness condition is that the court considers that the seriousness

of the offence, or of the offence and one or more offences associated with

it, is such as to justify the imposition of a sentence of imprisonment for

10 years or more, disregarding any extension period imposed under

section 226A.

(4)
The previous offence condition is that —

(a)
at the time the offence was committed, the offender had been

convicted of an offence listed in Schedule 15B (“the previous

offence”), and

(b)
a relevant life sentence or a relevant sentence of imprisonment or

detention for a determinate period was imposed on the offender

for the previous offence.

(5)
A life sentence is relevant for the purposes of subsection (4)(b) if—

(a)
the offender was not eligible for release during the first 5 years

of the sentence, or

Consideration of Bill: 31 October 2011
3740

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(b)
the offender would not have been eligible for release during that

period but for the reduction of the period of ineligibility to take

account of a relevant pre-sentence period.

(6)
An extended sentence imposed under this Act (including one imposed as

a result of the Armed Forces Act 2006) is relevant for the purposes of

subsection (4)(b) if the appropriate custodial term imposed was 10 years

or more.

(7)
Any other extended sentence is relevant for the purposes of subsection

(4)(b) if the custodial term imposed was 10 years or more.

(8)
Any other sentence of imprisonment or detention for a determinate

period is relevant for the purposes of subsection (4)(b) if it was for a

period of 10 years or more.

(9)
An extended sentence or other sentence of imprisonment or detention is

also relevant if it would have been relevant under subsection (7) or (8)

but for the reduction of the sentence, or any part of the sentence, to take

account of a relevant pre-sentence period.

(10)
For the purposes of subsections (4) to (9)—

“extended sentence” means—

(a)
a sentence imposed under section 85 of the Powers of Criminal

Courts (Sentencing) Act 2000 or under section 226A, 226B, 227

or 228 of this Act (including one imposed as a result of section

220 or 222 of the Armed Forces Act 2006), or

(b)
an equivalent sentence imposed under the law of Scotland,

Northern Ireland or a member State (other than the United

Kingdom);

“life sentence” means—

(c)
a life sentence as defined in section 34 of the Crime (Sentences)

Act 1997, or

(d)
an equivalent sentence imposed under the law of Scotland,

Northern Ireland or a member State (other than the United

Kingdom);

“relevant pre-sentence period”, in relation to the previous offence referred

to in subsection (4), means any period which the offender spent in

custody or on bail before the sentence for that offence was imposed;

“sentence of imprisonment or detention” includes any sentence of a period

in custody (however expressed).

(11)
An offence the sentence for which is imposed under this section is not to

be regarded as an offence the sentence for which is fixed by law.”

(2)
Schedule [Life sentence for second listed offence: new Schedule 15B to Criminal

Justice Act 2003] (new Schedule 15B to the Criminal Justice Act 2003) has effect.

(3)
Schedule [Life sentence for second listed offence: consequential and transitory

provision] (consequential and transitory provision) has effect.’.



© Parliamentary copyright	Revised 31 October 2011