House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 2 November 2011
1089

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(c)
misuse of private information.’.

Mr Andy Slaughter

Not called  72

Page  32,  line  5,  leave out Clause 44.

REMAINING NEW CLAUSES

Alcohol monitoring requirement

Mr Matthew Offord

Mike Freer

Not called  NC1

To move the following Clause:—

‘(1)
After section 212 of the Criminal Justice Act 2003, insert—

“212A
Alcohol monitoring requirement

(1)
In this Part “alcohol monitoring requirement”, in relation to a relevant

order, means a requirement that during a period specified in the order, the

offender must—

(a)
not consume alcohol,

(b)
for the purpose of ascertaining whether there is alcohol in the

offender’s body, provide samples of such description as may be

determined, at such times or in such circumstances as may (or

subject to the provisions of the order) be determined by the

responsible officer or by the person specified as the person to

whom the samples are to be provided, and

(c)
pay such amount of no less than £1 and no more than £5 in

respect of the costs of taking and analysing the sample as may be

specified in the order.

(2)
A court may not impose an alcohol monitoring requirement unless—


it is satisfied that—

(a)

(i)
the offender has a propensity to misuse alcohol and the

offender expresses willingness to comply with the

alcohol monitoring requirement, or

(ii)
the misuse by the offender of alcohol caused or

contributed to the offence in question, and

(b)
the Court has been notified by the Secretary of State that

arrangements for implementing the requirement are available in

the area proposed be specified in the order under section 216

(local justice area to be specified in relevant order).

(3)
A relevant order imposing an alcohol monitoring requirement must

provide that the results of any tests carried out on any samples provided

by the offender to the monitoring officer in pursuance of the requirement

are to be communicated to the responsible officer.

Report Stage Proceedings: 2 November 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(4)
The Secretary of State may from time to time give guidance about the

exercise of the function of making determinations as to the provision of

samples pursuant to subsection (1)(b).

(5)
The Secretary of State may make rules for all or any of the following

purposes—

(a)
regulating the provision of samples pursuant to an alcohol

monitoring requirement, including hours of attendance, interval

between samples and the keeping of attendance records;

(b)
regulating the provision and carrying on of a facility for the

testing of samples;

(c)
determining the maximum and minimum fee that may be

specified under subsection (1)(c), and the frequency of such

payments;

(d)
regulating the functions of the monitoring officer; and

(e)
making such supplemental, incidental, consequential and

transitional provision as the Secretary of State considers

necessary or expedient.

(6)
In this section, “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 (Alcohol monitoring requirement) makes further amendments to the

Criminal Justice Act 2003.’.

Youth rehabilitation orders: alcohol monitoring requirement

Mr Matthew Offord

Mike Freer

Not called  NC2

To move the following Clause:—

‘(1)
In Schedule 1 to the Criminal Justice and Immigration Act 2008, after paragraph

24 insert—

“24A
Alcohol monitoring requirement

(1)
In this part “alcohol monitoring requirement”, in relation to a youth

rehabilitation order, means a requirement that during a period specified

in the order, the offender must—

(a)
not consume alcohol,

(b)
for the purpose of ascertaining whether there is alcohol in the

offender’s body, provide samples of such description as may be

determined, at such times or in such circumstances as may

(subject to the provisions of the order) be determined by the

responsible officer or by the person specified as the person to

whom the samples are to be provided, and

(c)
pay such amount in respect of the costs of taking and analysing

the sample as may be specified in the order.

(2)
A court may not impose an alcohol monitoring requirement unless it is

satisfied that—

Report Stage Proceedings: 2 November 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(a)

(i)
the offender has a propensity to misuse alcohol and

expresses willingness to comply with the alcohol

monitoring requirement, or

(ii)
the misuse by the offender of alcohol caused or

contributed to the offence in question, and

(b)
the court has been notified by the Secretary of State that

arrangements for implementing the requirement are available in

the local justice area proposed to be specified in the order.

(3)
A youth rehabilitation order imposing an alcohol monitoring requirement

must provide that the results of any tests carried out on any samples

provided by the offender to the monitoring officer in pursuance of the

requirement are to be communicated to the responsible officer.

(4)
Where the offender has not attained the age of 17, the order must provide

for the samples to be provided in the presence of an appropriate adult.

(5)
The Secretary of State may from time to time give guidance about the

exercise of the function of making determinations as to the provision of

samples pursuant to sub-paragraph (1)(b).

(6)
The Secretary of State may make rules for all or any of the following

purposes:

(a)
regulating the provision of samples pursuant to an alcohol

monitoring requirement, including hours of attendance, interval

between samples and the keeping of attendance records;

(b)
regulating the provision and carrying on of a facility for the

testing of samples;

(c)
determining the maximum and minimum fee that may be

specified under sub-paragraph (1)(c), and the frequency of such

payments;

(d)
regulating the functions of the monitoring officer; and

(e)
making such supplemental, incidental, consequential and

transitional provision as the Secretary of State considers

necessary or expedient.

(7)
In this paragraph—

“appropriate adult” means—

(a)
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,

(b)
a social worker of the local authority, or

(c)
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.’.

Report Stage Proceedings: 2 November 2011
1092

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Unsolicited cold calling and SMS texting to induce a legal claim

Mr Andy Slaughter

Not selected  NC5

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—

(a)
disconnect

(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

or SMS text;


and

(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

Mr Andy Slaughter

Not selected  NC6

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

or to both.

(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

or greater, or

(b)
medical evidence establishes that the person had at the time of the

collision a particular susceptibility to neck or back injury.

(3)
In this section—

“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

Report Stage Proceedings: 2 November 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

“whiplash injury” means an injury to the neck caused by an abrupt jerking

motion of the head.’.

Personal injury cases: unsolicited communications and disclosure of data

Mr Andy Slaughter

Not selected  NC7

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

with such a claim.

(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

lawfully where the data—

(a)
indicated that the data subject has suffered, or may have suffered,

personal injuries, and

(b)
are disclosed to another person without the data subject’s explicit

consent.

(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

subsections—

“(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

2011), or

(b)
is reckless as to whether the data are so used,

Report Stage Proceedings: 2 November 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued


is guilty of an offence.

(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

maximum or to both.”’.

Personal injury claims management companies

Mr Andy Slaughter

Not selected  NC8

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

activity.

(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

the public.

(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

sold; and

(c)
whether or not paragraph (a) applies, discloses the average payment per

case which the provider has received for referring claims during the

previous 12 months.

(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.’.

Report Stage Proceedings: 2 November 2011
1095

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Duty to take into account risk of harm to victim when determining whether to grant bail

Mr Elfyn Llwyd

Not called  NC10

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

Mr Elfyn Llwyd

Not called  NC11

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

Mr Elfyn Llwyd

Not called  NC12

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

Mr Elfyn Llwyd

Not called  NC13

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



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