Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 1

LORD BACH

LORD BEECHAM

 

Page 2, line 4, at end insert—

“( ) The Lord Chancellor must review the accessibility and quality of expert advice that is available for civil legal proceedings and ensure that this is maintained or improved following the commencement of this Part.”

Clause 2

LORD BACH

LORD BEECHAM

 

Page 2, line 23, at end insert—

“( ) Before making regulations relating to the payment of remuneration to barristers and solicitors in accordance with subsection (3), the Lord Chancellor shall consult—

(a) the Bar Council;

(b) the Law Society of England and Wales;

(c) the Institute of Legal Executives; and

(d) organisations representing the legal advice movement.

( ) Where the Lord Chancellor makes regulations in accordance with subsection (3), he or she shall have regard to the need to secure the provision of services of the description to which the order relates by a sufficient number of competent persons and bodies.”

Clause 3

LORD BACH

LORD BEECHAM

 

Page 2, line 35, leave out “may” and insert “must”

 

Page 2, line 37, leave out “may” and insert “must”

Clause 4

LORD PANNICK

LORD WOOLF

LORD FAULKS

LORD HART OF CHILTON

 

Page 3, line 13, at end insert—

“( ) The Lord Chancellor must ensure that—

(a) the person designated as Director has such qualifications and experience in relation to securing access to legal services for individuals as the Lord Chancellor considers appropriate, and

(b) the terms on which the designated person holds the post of Director are, as regard the making and termination of the designation and otherwise, such as to ensure the Director’s independence from Ministers of the Crown (subject to any direction or guidance given under subsection (3)) in relation to the carrying out of the Director’s functions under this Part.”

 

Page 3, line 27, at end insert—

“( ) In this section “Minister of the Crown” has the meaning given by the Ministers of the Crown Act 1975.”

Clause 8

BARONESS BUTLER-SLOSS

 

Page 5, line 35, after second “by” insert “adding services to or”

 

Page 5, line 36, after “Schedule” insert “or by amending any description of services included in that part”

Schedule 1

BARONESS BUTLER-SLOSS

 

Page 119, line 13, after “from” insert “or within”

 

Page 119, line 16, after “from” insert “or within”

 

Page 119, line 22, at end insert—

“( ) Civil legal services provided to an individual in relation to the following orders and requirements where the individual is seeking to prevent the removal of a child from that child’s usual place of residence, or to obtain the return of a child who has been so removed—

(a) a prohibited steps order or specific issue order (as defined in section 8(1) of the Children Act 1989);

(b) an order under section 33 of the Family Law Act 1986 for disclosure of the child’s whereabouts;

(c) an order under section 34 of that Act for the recovery of the child;

(d) a requirement under section 37 of that Act to surrender a passport issued to, or containing particulars of, the child.”

 

Page 120, line 11, at end insert—

“( ) Civil legal services provided to an adult (“B”) in relation to a court hearing in a matter arising out of a family relationship between B and another individual (“A”) where B has abused A or there is the risk of such abuse and where the court certifies that due to the probability of cross-examination of A there is a need for both parties to be represented at that hearing.”

 

Page 121, line 47, at end insert—

“( ) Civil legal services provided to an individual who has or it is alleged will put the child at risk of abuse in relation to a court hearing in a matter in relation to the orders and procedures set out in sub-paragraph (1), and where the court certifies that due to the probability of cross examination there is a need for them to be represented in that hearing.”

 

Page 123, line 3, at end insert—

 

“Exceptional family proceedings

(1) Civil legal services provided in relation to a family dispute where the LSC competent assessor for mediation certifies that—

(a) there is a point of law, or an issue of unusual complexity that requires adjudication and the particular case is unsuitable for mediation;

(b) one or both individuals has serious physical or mental health issues and the particular case is unsuitable for mediation;

(c) there are serious allegations of domestic violence which are not capable of being resolved and the particular case is unsuitable for mediation; there are serious allegations of physical, sexual or other abuse in relation to the child who is or would be the subject of the order and the particular case is unsuitable for mediation;

(d) both individuals participated in mediation in good faith but the mediation failed and the matter will not be resolved without adjudication; or

(e) there are other exceptional circumstances and the case is unsuitable for mediation.

(2) Civil legal services provided to an adult (“A”) in connection with a private children dispute between A and another individual (“B”), where the LSC competent mediator certifies that where the child who is or would be the subject of the order has no contact with A, A attended the mediation but B did not so, the mediation failed and the matter will not be resolved without civil legal services.”

 

Page 123, line 12, at end insert—

“( ) Civil legal services provided to an adult party in relation to family proceedings in the unusual circumstances where the child is a party to such proceedings and the court certifies that there is a probability that the child will have to give oral evidence.”

Clause 9

LORD BACH

LORD BEECHAM

 

Page 6, line 25, at end insert—

“( ) In deciding whether a case constitutes an exceptional case for the purposes of subsection (4), the Director must consult and have regard to the views of the Chief Coroner.”

Clause 14

LORD BACH

LORD BEECHAM

 

Page 10, line 8, at end insert—

“( ) individuals who are involved in investigations which may lead to a caution or warning,”

Prepared 15th December 2011