Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 4

LORD BACH

LORD BEECHAM

 

Page 3, line 22, leave out subsection (4) and insert—

“(4) The Director must, except to the extent that subsection (4A) applies, act under the direction of the Lord Chancellor.

(4A) The Director must act independently when performing any functions or duties under this Part.”

After Clause 4

LORD BACH

LORD BEECHAM

 

Insert the following new Clause—

“Legal Aid Appeals

(1) Decisions of the Director under this Part shall be reviewable by a first-tier tribunal established under the Tribunals, Courts and Enforcement Act 2007.

(2) The primary functions of the tribunal in respect of subsection (1) are to—

(a) consider applications for review; and

(b) conduct and determine reviews,

following a decision being made by the Director in respect of eligibility for legal aid under Part 1 of this Act.

(3) A decision of the tribunal may be reviewed or appealed in accordance with the Tribunals, Courts and Enforcement Act 2007.”

Schedule 1

LORD RAMSBOTHAM

 

Page 127, line 33, after “deliberate” insert “unlawful”

 

Page 127, line 39, at end insert—

““harm” includes loss of liberty;”

Clause 43

LORD BACH

LORD BEECHAM

 

Page 30, line 12, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for damages for—

(a) death; or

(b) physical or psychological injury,

resulting from any breach of duty trespass to the person.”

 

Page 30, line 12, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for damages for—

(a) death; or

(b) physical or psychological injury,

resulting from any breach of duty owed by an employer to an employee.”

 

Page 30, line 12, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for damages for loss resulting from any breach of duty to exercise professional care or skill.”

 

Page 30, line 12, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for damages or other relief in relation to—

(a) interference with personal information or breach of privacy; or

(b) defamation.”

 

Page 30, line 12, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for judicial review of a decision, or of a failure to decide, by a public body.”

 

Page 30, line 12, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings in which—

(a) a party (“Party A”) is an individual who has purchased, commissioned or ordered goods or services from the other party (“Party B”);

(b) Party B is in business to provide such goods and services; and

(c) the success fee is part of a conditional fee agreement made by Party A.”

 

The above-named Lords give notice of their intention to oppose the question that Clause 43 stand part of the Bill.

Clause 45

LORD BACH

LORD BEECHAM

 

Page 32, line 29, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings where—

(a) death; or

(b) physical or psychological injury,

is the result of a breach of duty owed or trespass to the person.”

 

Page 32, line 29, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings where—

(a) death; or

(b) physical or psychological injury,

is the result of a breach of duty owed by an employer to an employee.”

 

Page 32, line 29, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings that include a claim for damages for loss resulting from any breach of duty to exercise professional care or skill.”

 

Page 32, line 29, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings which include a claim for damages or other relief in relation to—

(a) interference with personal information or breach of privacy; or

(b) defamation.”

 

Page 32, line 29, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings that include a claim for damages for judicial review of a decision or of a failure to decide by a public body.”

 

Page 32, line 29, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings where—

(a) the receiving party is an individual who has purchased, commissioned or ordered goods or services from the other party; and

(b) the party liable to pay the costs specified in the order is in business to provide those particular goods or service.”

After Clause 83

LORD BACH

LORD BEECHAM

 

Insert the following new Clause—

“Right to appeal bail decisions

(1) The Bail (Amendment) Act 1993 is amended as follows.

(2) After section 1 insert the following new Clause—

“Appeal against a bail decision

(1) The prosecution may appeal to a Judge of the High Court against the decision of a Crown Court to grant bail in a case where a person is charged with or convicted of an offence triable on indictment.

(2) Subsection (1) applies where the prosecution is conducted—

(a) by or on behalf of the Director of Public Prosecutions; or

(b) by a person who falls within a class or description of person as prescribed in Regulations made under this section.

(3) An appeal under subsection (1) may only be made where—

(a) the prosecution made representations that bail should not be granted; and

(b) the representations were made before it was granted.

(4) In the event of the prosecution wishing to exercise the right of appeal under subsection (1), it must give oral notice of appeal to the Crown Court at the conclusion of the proceedings in which such bail has been granted and before the release from custody of the person concerned.

(5) Written notice of appeal shall thereafter be served on the Crown Court and the person concerned within two hours of the conclusion of such proceedings.

(6) Upon receipt from the prosecution of oral notice of appeal from its decision to grant bail the Crown Court shall remand in custody the person concerned until the appeal is determined or otherwise disposed of.

(7) Where the prosecution fails within the period of two hours mentioned in subsection (5) to serve one or both of the notices in accordance with that subsection the appeal shall be deemed to have been disposed of.

(8) The hearing of an appeal against a decision of the Crown Court to grant bail under subsection (1) shall be commenced within forty-eight hours, excluding weekends and any public holiday (that is to say Christmas Day, Good Friday or a Bank Holiday) from the date on which oral notice of appeal is given.

(9) The judge hearing an appeal under this section shall be privy to any earlier evidence and may, at the conclusion of the hearing—

(a) remand the person concerned in custody; or

(b) grant bail, subject to any conditions,

as he or she sees fit.”.”

Clause 117

LORD RAMSBOTHAM

 

Page 96, line 21, leave out subsections (3) and (4) and insert—

“( ) The Secretary of State shall within three months of enactment report to both Houses of Parliament that plans have been made for the release of all current IPP prisoners.”

Prepared 9th December 2011