House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

6
36
Page 32, line 36, at end insert “if the undertaking was given specifically in respect

of the costs of other parties to proceedings relating to the matter which is the

subject of the proceedings in which the costs order is made”
Clause 54
37
Page 39, line 29, after “death,” insert—

“( )
the legal services relate to any other claim or potential claim for

damages arising out of circumstances involving personal injury or

death,”
38
Page 40, line 6, after “consideration” insert “whether any benefit is received by the

regulated person or by a third party”
After Clause 58
39
Insert the following new Clause—

“Pro bono representation

Payments in respect of pro bono representation before the Supreme Court

(1)
In section 194 of the Legal Services Act 2007 (power for certain courts to

order losing party to make payment to charity where other party is

represented pro bono) in subsection (10) for the definition of “civil court”

substitute—

““civil court” means—

(a)
the Supreme Court when it is dealing with a relevant

civil appeal,

(b)
the civil division of the Court of Appeal,

(c)
the High Court, or

(d)
any county court;

“relevant civil appeal” means an appeal to the Supreme

Court—

(a)
from the High Court in England and Wales under

Part 2 of the Administration of Justice Act 1969,

(b)
from the Court of Appeal under section 40(2) of the

Constitutional Reform Act 2005, or

(c)
under section 13 of the Administration of Justice Act

1960 (appeal in cases of contempt of court) other

than an appeal from an order or decision made in the

exercise of jurisdiction to punish for criminal

contempt of court;”.

(2)
This section applies in relation to appeals to the Supreme Court only where

the decision, order or judgement that is the subject of the appeal is made or

given on or after the day on which this section comes into force.”
Clause 61
40
Page 44, leave out lines 9 to 13 and insert—

“( )
Criminal Procedure Rules may—

(a)
prescribe cases in which either duty does not apply, and

7

(b)
make provision about how an explanation under subsection (3) is to

be given.”
After Clause 61
41
Insert the following new Clause—

“Sentencing where there is aggravation related to transgender identity

(1)
The Criminal Justice Act 2003 is amended as follows.

(2)
Section 146 (increase in sentence for aggravation related to disability or

sexual orientation) is amended as follows.

(3)
In the heading, for “or sexual orientation” substitute “, sexual orientation or

transgender identity”.

(4)
In subsection (2)(a)—

(a)
after sub-paragraph (i) omit “or”;

(b)
at the end insert—

“(iii)
the victim being (or being presumed to be)

transgender, or”.

(5)
In subsection (2)(b)—

(a)
after sub-paragraph (i) omit “or”;

(b)
at the end insert “, or

(iii)
by hostility towards persons who are

transgender.”

(6)
After subsection (5) insert—

“(6)
In this section references to being transgender include references to

being transsexual, or undergoing, proposing to undergo or having

undergone a process or part of a process of gender reassignment.”

(7)
Schedule 21 (determination of minimum term in relation to mandatory life

sentence) is amended as follows.

(8)
For paragraph 3 substitute—

“3
For the purposes of this Schedule—

(a)
an offence is aggravated by sexual orientation if it is

committed in circumstances mentioned in section

146(2)(a)(i) or (b)(i);

(b)
an offence is aggravated by disability if it is committed in

circumstances mentioned in section 146(2)(a)(ii) or (b)(ii);

(c)
an offence is aggravated by transgender identity if it is

committed in circumstances mentioned in section

146(2)(a)(iii) or (b)(iii).”

(9)
In paragraph 5(2)(g) (30 year starting point), after “aggravated by sexual

orientation” insert “, disability or transgender identity”.

(10)
Section 241 of the Armed Forces Act 2006 (increase in sentence for

aggravation related to disability or sexual orientation) is amended as

follows.

8

(11)
In the heading, for “or sexual orientation” substitute “, sexual orientation or

transgender identity”.

(12)
In subsection (2)(a)—

(a)
after sub-paragraph (i) omit “or”;

(b)
at the end insert—

“(iii)
the victim being (or being presumed to be)

transgender, or”.

(13)
In subsection (2)(b)—

(a)
after sub-paragraph (i) omit “or”;

(b)
at the end insert “, or

(iii)
by hostility towards persons who are

transgender.”

(14)
After subsection (5) insert—

“(6)
In this section references to being transgender include references to

being transsexual, or undergoing, proposing to undergo or having

undergone a process or part of a process of gender reassignment.””
Clause 68
42
Page 51, line 3, after “country” insert “or territory”
43
Page 51, line 5, after first “country” insert “or territory”
44
Page 51, line 5, at end insert “or territory”
45
Page 51, line 7, after “country” insert “or territory”
Clause 70
46
Page 51, line 34, at end insert—

“(3)
In section 223(3) of that Act (power to amend specified periods of time),

omit paragraph (c).”
Clause 71
47
Page 51, line 38, at end insert—

“(2)
In section 223(3) of that Act (power to amend specified periods of time),

omit paragraph (d).”
After Clause 71
48
Insert the following new Clause—

“Alcohol abstinence and monitoring requirement

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

“212A
Alcohol abstinence and monitoring requirement

(1)
In this Part “alcohol abstinence and monitoring requirement”, in

relation to a relevant order, means a requirement—

(a)
that, subject to such exceptions (if any) as are specified—

9

(i)
the offender must abstain from consuming alcohol

throughout a specified period, or

(ii)
the offender must not consume alcohol so that at any

time during a specified period there is more than a

specified level of alcohol in the offender’s body, and

(b)
that the offender must, for the purpose of ascertaining

whether the offender is complying with provision under

paragraph (a), submit during the specified period to

monitoring in accordance with specified arrangements.

(2)
A period specified under subsection (1)(a) must not exceed 120

days.

(3)
If the Secretary of State by order prescribes a minimum period for

the purposes of subsection (1)(a), a period specified under that

provision must be at least as long as the period prescribed.

(4)
The level of alcohol specified under subsection (1)(a)(ii) must be

that prescribed by the Secretary of State by order for the purposes

of that provision (and a requirement under that provision may not

be imposed unless such an order is in force).

(5)
An order under subsection (4) may prescribe a level—

(a)
by reference to the proportion of alcohol in any one or more

of an offender’s breath, blood, urine or sweat, or

(b)
by some other means.

(6)
The arrangements for monitoring specified under subsection (1)(b)

must be consistent with those prescribed by the Secretary of State

by order (and an alcohol abstinence and monitoring requirement

may not be imposed unless such an order is in force).

(7)
An order under subsection (6) may in particular prescribe—

(a)
arrangements for monitoring by electronic means;

(b)
arrangements for monitoring by other means of testing.

(8)
A court may not include an alcohol abstinence and monitoring

requirement in a relevant order unless the following conditions are

met.

(9)
The first condition is that—

(a)
the consumption of alcohol by the offender is an element of

the offence for which the order is to be imposed or an

associated offence, or

(b)
the court is satisfied that the consumption of alcohol by the

offender was a factor that contributed to the commission of

that offence or an associated offence.

(10)
The second condition is that the court is satisfied that the offender

is not dependent on alcohol.

(11)
The third condition is that the court does not include an alcohol

treatment requirement in the order.

(12)
The fourth condition is that the court has been notified by the

Secretary of State that arrangements for monitoring of the kind to

be specified are available in the local justice area to be specified.

(13)
In this section—

10

“alcohol” includes anything containing alcohol;

“specified”, in relation to a relevant order, means specified in

the order.”

(2)
In section 177 of that Act (community orders), in subsection (1), after

paragraph (j) insert—

“(ja)
an alcohol abstinence and monitoring requirement (as

defined by section 212A),”.

(3)
In subsection (2) of that section (limitations on power to impose

community order)—

(a)
omit the “and” at the end of paragraph (f), and

(b)
at the end of paragraph (g) insert “, and

(h)
section 212A(8) to (12) (alcohol abstinence and

monitoring requirement).”

(4)
In section 190 of that Act (imposition of requirements by suspended

sentence order), in subsection (1), after paragraph (j) insert—

“(ja)
an alcohol abstinence and monitoring requirement (as

defined by section 212A),”.

(5)
In subsection (2) of that section (limitations on power to impose

requirements by suspended sentence order)—

(a)
omit the “and” at the end of paragraph (f), and

(b)
at the end of paragraph (g) insert “, and

(h)
section 212A(8) to (12) (alcohol abstinence and

monitoring requirement).”

(6)
In section 215 of that Act (electronic monitoring requirement), after

subsection (4) insert—

“(5)
An electronic monitoring requirement may not be included in a

relevant order for the purposes of securing the electronic

monitoring of the offender’s compliance with an alcohol abstinence

and monitoring requirement.

(6)
Subsection (5) does not prevent the inclusion of an electronic

monitoring requirement in a relevant order which includes an

alcohol abstinence and monitoring requirement where this is for the

purpose of securing the electronic monitoring of an offender’s

compliance with a requirement other than the alcohol abstinence

and monitoring requirement.”

(7)
In section 223(3) of that Act (provisions to which powers to amend periods

of time apply), after paragraph (b) insert—

“(ba)
section 212A(2) (alcohol abstinence and monitoring

requirement)”.

(8)
In section 305(1) of that Act (interpretation of Part 12), at the appropriate

place insert—

““alcohol abstinence and monitoring requirement”, in relation

to a community order or suspended sentence order, has the

meaning given by section 212A;”.

(9)
In Schedule 9 to that Act (transfer of community orders to Scotland or

Northern Ireland)—

11

(a)
in paragraph 1(5), after “require” insert “an alcohol abstinence and

monitoring requirement or”, and

(b)
in paragraph 3, after sub-paragraph (4) insert—

“(4A)
The court may not by virtue of sub-paragraph (1) or (3)

require an alcohol abstinence and monitoring

requirement to be complied with in Northern Ireland.”

(10)
In Schedule 13 to that Act (transfer of suspended sentence orders to

Scotland or Northern Ireland—

(a)
in paragraph 1(5), after “require” insert “an alcohol abstinence and

monitoring requirement or”, and

(b)
in paragraph 6, after sub-paragraph (4) insert—

“(4A)
The court may not by virtue of sub-paragraph (1) or (3)

require an alcohol abstinence and monitoring

requirement to be complied with in Northern Ireland.”

(11)
In the Armed Forces Act 2006—

(a)
in section 180 (transfer of service community order to Scotland or

Northern Ireland), in subsection (2), after “3(1)” insert “and (4A)”,

and

(b)
in section 204 (transfer of suspended sentence order to Scotland or

Northern Ireland), in subsection (2), for “6(5)” substitute “6(4A) and

(5)”.”
49
Insert the following new Clause—

“Piloting of alcohol abstinence and monitoring requirements

(1)
The Secretary of State may by order provide for the coming into force of

section (Alcohol abstinence and monitoring requirement).

(2)
The Secretary of State may not make an order under subsection (1) with the

effect that section (Alcohol abstinence and monitoring requirement) is in force

for the whole of England and Wales (a “general commencement order”)

without having previously made a piloting order.

(3)
Subsection (2) does not prevent an order under subsection (1) from

bringing section (Alcohol abstinence and monitoring requirement) into force for

the purpose only of making orders under section 212A or 223 of the

Criminal Justice Act 2003 or rules under section 222 of that Act (and such

an order is not a general commencement order for the purposes of this

section).

(4)
A “piloting order” is an order under subsection (1) with the effect that

section (Alcohol abstinence and monitoring requirement) is force only—

(a)
in relation to the area or areas specified in the order, and

(b)
for the period specified in the order,


but otherwise for all purposes, or for all purposes other than application by

the Armed Forces Act 2006.

(5)
If, having made one or more piloting orders, the Secretary of State decides

to make a general commencement order, the Secretary of State may by

order—

12

(a)
amend section (Alcohol abstinence and monitoring requirement) so as

to enable the general commencement order to bring it into force

with those amendments;

(b)
amend or repeal any provision of this Act in consequence of

provision made under paragraph (a).

(6)
Amendments under subsection (5)(a)—

(a)
may confer power on the Secretary of State to make an order or

rules;

(b)
may not enable a court to provide for an alcohol abstinence and

monitoring requirement to be complied with in Scotland or

Northern Ireland.

(7)
If, having made one or more piloting orders, the Secretary of State decides

not to make a general commencement order, the Secretary of State may by

order—

(a)
repeal section (Alcohol abstinence and monitoring requirement);

(b)
amend the Criminal Justice Act 2003 so as to reverse the effect of

that section on that Act;

(c)
make other consequential amendments or repeals.

(8)
An order under this section may make transitional, transitory or saving

provision (including, in the case of a piloting order, provision relating to

section (Alcohol abstinence and monitoring requirement) ceasing to be in force

at the end of the period specified in the order).

(9)
An order under this section is to be made by statutory instrument.

(10)
A statutory instrument containing—

(a)
a general commencement order, or

(b)
an order under subsection (5) or (7),


may not be made unless a draft of the instrument has been laid before, and

approved by a resolution of, each House of Parliament.”
Clause 72
50
Page 52, line 9, after “requirement)” insert “or (ja) (an alcohol abstinence and

monitoring requirement)”
Clause 74
51
Page 57, line 9, leave out subsection (10)
Clause 79
52
Page 60, line 14, after “Where” insert “, on the commencement day,”
53
Page 60, line 16, after “conviction” insert “on or after that day”
54
Page 60, line 18, after “Where” insert “, on the commencement day,”
55
Page 60, line 20, after “exercised” insert “on or after that day”
56
Page 60, line 22, leave out “an offence or” and insert “—

(a)
an offence is relevant if, immediately before the commencement

day, it is a common law offence or it is contained in an Act or an



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