Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 1

LORD PANNICK

LORD WOOLF

LORD FAULKS

 

Page 1, line 5, leave out subsection (1) and insert—

“( ) The Lord Chancellor must secure (within the resources made available and in accordance with this Part) that individuals have access to legal services that effectively meet their needs.”

LORD BACH

LORD DAVIDSON OF GLEN CLOVA

 

Page 2, line 1, leave out “may” and insert “must”

Clause 4

LORD BACH

LORD DAVIDSON OF GLEN CLOVA

 

The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill.

Clause 8

LORD PANNICK

LORD WOOLF

LORD FAULKS

 

Page 5, line 35, leave out subsection (2)

 

Page 5, line 36, after “from” insert “, or adding services to,”

Schedule 1

BARONESS SCOTLAND OF ASTHAL

 

Page 120, line 42, leave out from “means” to end of line 45 and insert “any incident or repeated incidents of threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional, and including acts of neglect, maltreatment, exploitation or acts of omission) between adults who are or have been intimate partners or family members, regardless of gender or sexuality”

 

Page 121, line 31, at end insert—

( ) “For the purposes of this paragraph, evidence that abuse has occurred may consist of one or more of the following (without limitation)—

(a) a relevant court conviction or police caution;

(b) a relevant court order (including without notice, ex parte, interim or final orders), including a non-molestation undertaking or order, occupation order, forced marriage protection order or other protective injunction;

(c) evidence of a relevant criminal proceedings for an offence concerning domestic violence or a police report confirming attendance at an incident resulting from domestic violence;

(d) evidence that a victim has been referred to a multi-agency risk assessment conference, as a high risk victim of domestic violence, and a plan has been put in place to protect that victim from violence by the other party;

(e) a finding of fact in the family courts of domestic violence by the other party giving rise to the risk of harm to the victim;

(f) a medical report from a doctor at a UK hospital confirming that the applicant has injuries or a condition consistent with being a victim of domestic violence;

(g) a letter from a General Medical Council registered general practitioner confirming that he or she has examined the applicant and is satisfied that the applicant had injuries or a condition consistent with those of a victim of domestic violence;

(h) an undertaking given to a court by the alleged perpetrator of the abuse that he or she will not approach the applicant who is the victim of the abuse;

(i) a letter from a social services department confirming its involvement in providing services to the applicant in respect of allegations of domestic violence;

(j) a letter of support or a report from a domestic violence support organisation; or

(k) other well-founded documentary evidence of abuse, such as from a counsellor, midwife, school or witness.”

 

Page 122, line 10, at end insert—

“For the avoidance of doubt, no time limit shall operate in relation to any evidence supporting an application for civil legal services under paragraph 11.”

LORD AVEBURY

BARONESS WHITAKER

 

Page 131, line 44, leave out “subject to sub-paragraph (10)”

 

Page 132, leave out lines 1 to 7

 

Page 132, line 8, leave out “and (10)”

 

Page 132, leave out lines 10 to 18

 

Page 132, line 31, at end insert—

“Mobile homes

Civil legal services provided in relation to advice under the Legal Help Scheme for matters arising under the Mobile Homes Act 1983.”

 

Page 136, line 6, at end insert—

“County Court and High Court planning cases

( ) Civil legal services provided in relation to planning injunction actions brought under the Town and Country Planning Act Section 187B and statutory challenges and appeals brought under the Town and Country Planning Act 1990 Sections 288 and 289 respectively where the result of the case may lead to “loss of home” for the Gypsy or Traveller concerned.”

 

Page 137, leave out line 5

 

Page 137, line 5, leave out “land” and insert “buildings, not including the curtilage of buildings”

Prepared 24th November 2011