Legal Aid, Sentencing and Punishment of Offenders Bill

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.”

Page 1, line 12, at end insert—

“( ) The Lord Chancellor must secure equality between the state and any party in dispute with the state in the provision of services of advice, assistance and representation for appeals on any point of law in the fields of welfare benefits, employment, debt, housing, immigration, education, and asylum.”

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

Page 2, line 4, at end insert—

“( ) The Lord Chancellor must ensure that a person eligible for legal aid advice is able to access it in a range of forms ab initio, including securing the provision of initial face-to-face advice.”

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.”

Insert the following new Clause—

“Pre-commencement impact assessment

(1) The Lord Chancellor must commission an independent review to assess and report on the following areas—

(a) the expected costs and impacts of Part 1 on—

(i) children and young people;

(ii) people with disabilities, including people with learning, physical, mental and psychological disabilities;

(iii) women;

(iv) victims of domestic violence;

(v) black and ethnic minorities;

(vi) government departments;

(vii) courts and tribunals, including any changes in time and resources; and

(viii) local authorities; and

(b) any expected impact of Part 1 on—

(i) the incidence of homelessness;

(ii) the incidence of ill-health, or suicide;

(iii) the commission of criminal or anti-social behaviour; and

(iv) the future provision and availability of services including, but not limited to, law centres and citizens advice bureaux.

(2) The Lord Chancellor must lay a copy of the final report commissioned under subsection (1) in both Houses of Parliament at the same time as laying a draft commencement order for any other section in this Part.”

Page 2, line 20, at end insert—

“( ) Before making arrangements under subsection (2)(c), a draft order with the proposed arrangements must be laid before, and approved by an affirmative resolution of, each House of Parliament.”

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.”

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

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

Page 2, line 40, at end insert—

“( ) Before making arrangements to accredit persons under subsection (2), the Lord Chancellor must consult, and have regard to the views of, the Law Society, the Bar Council and the Institute of Legal Executives.”

Page 3, line 3, leave out subsections (4) and (5)

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 15, leave out “or other persons (or both)” and insert “and independent persons”

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.”

Page 3, line 23, at end insert “or to any matter the subject of legal proceedings to which any Minister of the Crown, Government department, executive agency or non-departmental public body is a party”

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.”

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

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.”

Page 5, line 15, at end insert “, including proceedings before any tribunal established by statute for the determination of a citizen’s rights”

Page 5, line 25, after “mediation” insert “, collaborative law”

Page 5, line 31, leave out paragraph (a) and insert—

“(a) they are not specifically excluded under Schedule 1, and”

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

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

Page 5, line 35, leave out “omitting” and insert “adding”

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

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

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

The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.

Page 115, line 5, at end insert—

(1) Civil legal services provided in relation to the obtaining of one or more expert reports in clinical negligence proceedings.

(2) In this paragraph—

“clinical negligence proceedings” means proceedings which include a claim for damages in respect of clinical negligence;

“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

“expert report” means a report by a person qualified to give expert advice on all or most of the matters that are the subject of the report;

“proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in court), whether commenced or contemplated.”

Page 115, line 5, at end insert—

Civil legal services and advocacy in appeals from the Social Entitlement Chamber of the First-tier Tribunal to the Upper Tribunal, the Court of Appeal and the Supreme Court.”

Page 115, line 5, at end insert—

Civil legal services provided by members of the specialist panels of the Law Society or Action Against Medical Accidents for clinical negligence proceedings in respect of—

(a) a claim for damages in respect of an alleged breach of duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services); or

(b) a claim for damages in respect of alleged professional negligence in the conduct of such a claim.”

Page 115, line 7, leave out paragraphs 1 to 40

Page 116, line 1, at end insert—

Civil legal services provided in relation to a benefit, allowance, payment, credit or pension under—

(a) the Social Security Contributions and Benefits Act 1992,

(b) the Jobseekers Act 1995,

(c) the State Pension Credit Act 2002,

(d) the Tax Credits Act 2002,

(e) the Welfare Reform Act 2007,

(f) the Welfare Reform Act 2011, or

(g) any other enactment relating to social security.”

Page 116, line 1, at end insert—

Civil legal services provided to a person having dependent children related to—

(a) private family law;

(b) any benefit, allowance, payment, credit or pension under—

(i) the Social Security Contributions and Benefits Act 1992,

(ii) the Jobseekers Act 1995,

(iii) the State Pension Credit Act 2002,

(iv) the Tax Credits Act 2002,

(v) the Welfare Reform Act 2007,

(vi) the Welfare Reform Act 2011, or

(vii) any other enactment relating to social security;

(c) all areas of employment law not otherwise covered in this Schedule;

(d) all areas of housing law not otherwise covered in this Schedule;

(e) all areas of debt-related disputes not otherwise covered in this Schedule;

(f) all areas of immigration and asylum law not otherwise covered in this Schedule;

(g) all areas of clinical negligence law not otherwise covered in this Schedule;

(h) consumer law;

(i) all areas of consumer law not otherwise covered in this Schedule;

(j) appeals to the Criminal Injuries Compensation Authority;

(k) reviews or appeals under sections 11 or 13 of the Tribunals, Courts and Enforcement Act 2007; or

(l) appeals to the Supreme Court.”

Page 116, line 1, at end insert—

Civil legal services in relation to advice and proceedings where the child is, or proposes to be, the applicant or respondent in proceedings, or where the child is represented by a legal guardian, including—

(a) arrangements relating to the child’s education;

(b) arrangements relating to any welfare benefit, allowance, payment or credit;

(c) proceedings relating to debt;

(d) housing law;

(e) proceedings relating to immigration and asylum;

(f) proceedings relating to clinical negligence;

(g) proceedings relating to consumer protection law;

(h) appeals to the Criminal Injuries Compensation Authority;

(i) private family law;

(j) proceedings relating to a review or appeal under sections 11 or 13 of the Tribunals, Courts and Enforcement Act 2007; and

(k) proceedings relating to an appeal to the Supreme Court.”

Page 116, line 1, at end insert—

Civil legal services provided in relation to obtaining advice and assistance in appeals to the Social Entitlement Chamber of the First-tier Tribunal in relation to a benefit, allowance, payment, credit or pension payable under any enactment relating to social security as a result of disability as defined in section 6 of the Equalities Act 2010.”

Page 116, line 4, at end insert “and under section 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties)”

Page 117, line 7, at end insert—

(1) Civil legal services provided in relation to clinical negligence proceedings where the clinical negligence took place at a time when the individual was a child.

(2) In this paragraph—

“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

“clinical negligence proceedings” means proceedings which include a claim for damages in respect of clinical negligence;

“child” means a person under the age of 18.”

Page 117, line 7, at end insert—

(1) Civil legal services provided in relation to clinical negligence proceedings.

(2) In this paragraph—

“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

“clinical negligence proceedings” means proceedings which include a claim for damages in respect of clinical negligence.”

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 120, line 40, at end insert—

“( ) For the purposes of this paragraph, abuse will be presumed until the contrary is proved, where—

(a) there are ongoing domestic violence or forced marriage proceedings brought by the applicant for legal aid where the applicant has previously received legal aid or is funding proceedings privately or is acting as a litigant in person;

(b) an order has been made in domestic violence or forced marriage proceedings brought by the applicant for legal aid, arising from the same family relationship;

(c) there has been 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, but the victim has not already been granted legal aid;

(d) a non-molestation order, occupation order, forced marriage protection order or other protective order or injunction is in place against the applicant’s ex-partner (or in the case of forced marriage, against any other person);

(e) undertakings have been given to a court in lieu of the orders referred to in paragraph (b) or (d) above;

(f) the applicant’s partner has been convicted of a criminal offence concerning violence or abuse towards his or her family (unless the conviction is spent);

(g) there are ongoing criminal proceedings for a domestic violence offence by the other party towards the applicant for funding;

(h) the applicant 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 them from violence by the other party; or

(i) injury to the applicant caused by domestic violence is certified by the written medical opinions of—

(i) the general medical practitioner of the applicant for legal aid; and

(ii) one other medically qualified practitioner.”

Page 120, leave out lines 42 to 45 and insert—

““abuse” means any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults, aged 18 or over, who are or have been intimate partners or family members, regardless of gender and sexuality;”

Page 120, leave out lines 42 to 45 and insert—

““abuse” means 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 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 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.”

Page 122, line 12, after “mediation” insert “and collaborative law”

Page 122, line 13, after “mediation” insert “and collaborative law”

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;

(d) 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;

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

(f) 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.”

Page 125, line 31, at end insert—

16A Civil legal services provided in relation to any question whether particular medical treatment is in the best interests of a person who is incapable of giving or withholding consent to such treatment.

Exclusions

16B Paragraph 16A is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

16C For the purposes of this paragraph “medical treatment” has the same meaning as in the Mental Health Act 1983.”

Page 125, line 38, leave out “paragraph 15” and insert “paragraphs 1 to 5, 8 and 15”

Page 126, line 3, leave out sub-paragraphs (5) to (7)

Page 126, line 15, leave out paragraph (a)

Page 126, line 17, leave out paragraph (b)

Page 126, line 21, leave out paragraph (a) and insert—

“(a) judicial review in connection with a matter within paragraph 26(1) of this Part;”

Page 126, line 27, at end insert—

“(8) Sub-paragraph (5) does not exclude services provided to an individual if—

(a) the individual did not receive services in connection with the previous judicial review or appeal to which that sub-paragraph refers; or

(b) the previous judicial review or appeal to which that sub-paragraph refers was resolved by any of the following—

(i) a grant of judicial review;

(ii) a decision to allow the appeal;

(iii) a refusal of leave, or refusal of permission, to the Secretary of State to appeal;

(iv) a decision to dismiss an appeal by the Secretary of State;

(v) an order of a court or tribunal consequent upon the withdrawal by the Secretary of State of his decision against which the application for judicial review or the appeal was brought.

(9) Sub-paragraph (6) does not exclude services provided to an individual if—

(a) the individual did not receive services in connection with the matters described in sub-paragraphs (6)(a) or (c);

(b) the appeal to which sub-paragraph (6)(c) refers was allowed; or

(c) the appeal to which sub-paragraph (6)(c) refers was withdrawn as a consequence of the withdrawal of the decision to remove the individual from the United Kingdom.”

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

Page 127, line 39, at end insert—

““harm” includes loss of liberty;”

Page 129, line 14, leave out “indefinite”

Page 129, line 15, after “Kingdom” insert “, or a claim by the individual to a right to reside in the United Kingdom,”

Page 129, line 17, after “individual” insert “, or had a right to reside in the United Kingdom as a partner of another individual,”

Page 129, line 17, leave out “present and settled in the United Kingdom”

Page 130, leave out lines 1 to 3

Page 130, leave out lines 4 and 5

Page 130, line 8, after “Kingdom” insert “to a person who is liable to detention under immigration laws, or”

Page 130, line 12, at end insert—

“(1A) Civil legal services provided to an individual for a matter arising out of any rule laid down under section 1(4) of the Immigration Act 1971 making provision for family members to enter or remain in the United Kingdom as the family member of a refugee or beneficiary of humanitarian protection.”

Page 130, line 39, at end insert—

““immigration laws” has the same meaning as given in section 33(1) of the Immigration Act 1971.”

Page 131, line 3, at end insert—

27A (1) Civil legal services provided to an individual in relation to any rule having effect under section 3(2) of the Immigration Act 1971 making provision about a person’s entering or remaining in the United Kingdom as a member of the family of a person who is entitled to enter or remain in the United Kingdom—

(a) (in a case where the services in question do not fall within paragraph 26) under the Qualification Directive, the Refugee Convention or the Temporary Protection Directive, or

(b) as a beneficiary of humanitarian protection.

(2) Civil legal services provided in relation to any question as to whether a person who is, or claims to be, a victim of human trafficking is to be permitted to enter or remain in the United Kingdom.

(3) Civil legal services in relation to an appeal to the Upper Tribunal, the Court of Appeal or the Supreme Court insofar as the appeal relates to an issue under any enactment about immigration.

Exclusions

27B Sub-paragraphs (1) and (2) of paragraph 27A are subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

27C In this paragraph and paragraphs 27A and 27B, the Qualification Directive, the Refugee Convention and the Temporary Protection Directive have the same meanings as in paragraph 26.”

Page 131, line 7, at end insert—

“( ) situations where a person’s financial difficulties could lead to loss of home.”

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

Page 132, leave out sub-paragraph (10)

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

Page 132, leave out sub-paragraphs (12) and (13)

Page 132, line 31, at end insert—

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

Page 133, line 23, at end insert—

Civil legal services and advocacy in appeals from the Immigration and Asylum Chamber of the First-tier Tribunal to the Upper Tribunal, the Court of Appeal and the Supreme Court.”

Page 136, line 6, at end insert—

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

Page 136, line 23, at end insert—

( ) Civil legal services in relation to advice and proceedings where the applicant or respondent is aged 24 or under and has a disability by reference to section 6 of the Equality Act 2010, including but not limited to—

(a) arrangements relating to any welfare benefit, allowance, payment or credit;

(b) proceedings relating to debt;

(c) housing law;

(d) proceedings relating to immigration and asylum;

(e) proceedings relating to clinical negligence;

(f) proceedings relating to consumer protection law;

(g) appeals to the Criminal Injuries Compensation Authority;

(h) private family law;

(i) proceedings relating to a review under sections 11 or 13 of the Tribunals, Courts and Enforcement Act 2007;

(j) proceedings relating to an appeal to the Supreme Court.”

Page 136, line 34, at end insert—

“( ) all areas of housing law not otherwise covered in this Schedule”

Page 136, line 34, at end insert—

“( ) all areas of employment law not otherwise covered in this Schedule”

Page 136, line 34, at end insert—

“( ) all areas of education law not otherwise covered in this Schedule”

Page 136, line 34, at end insert—

“( ) all areas of consumer law not otherwise covered in this Schedule”

Page 136, line 34, at end insert—

“( ) all areas of debt-related disputes not otherwise covered in this Schedule”

Page 136, line 34, at end insert—

(1) Civil legal services provided in relation to an appeal to the Upper Tribunal, the Senior Courts or the Supreme Court where the relevant court or tribunal certifies that—

(a) the appeal raises a complex issue of law or an issue of fact of exceptional complexity (in which case the certificate must identify the issue),

(b) the matter is one of significant wider public interest (in which case the certificate must identify that interest), or

(c) there is some other compelling reason why the proper conduct of the appeal requires the provision of civil legal services (in which case the certificate must set out the reason).

(2) Rules of procedure applicable to the relevant court or tribunal may make provision about certificates under this paragraph.”

Page 137, leave out paragraph 5

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

Page 137, line 29, leave out paragraph 15

Page 137, line 38, leave out paragraph 16

Page 6, line 16, after “breach” insert “, or

(c) that it is in the interests of justice generally”

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.”

The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill.

Page 7, line 23, leave out subsection (4)

Page 7, line 27, after “mediation” insert “, collaborative law”

Page 7, line 30, at end insert—

“( ) Before making regulations under subsection (1)(b), draft regulations with the proposed criteria must be laid before, and approved by an affirmative resolution of, each House of Parliament.”

Page 8, line 16, after “review” insert “by an independent panel”

Page 8, line 18, leave out “may” and insert “must”

Page 8, line 19, leave out “or other person”

Insert the following new Clause—

“Funding

(1) The Lord Chancellor may make funding available for the obtaining of civil legal services on matters not included in Schedule 1 where it appears to the Lord Chancellor that the provision of such services would promote efficiency, the saving of costs or the attainment of justice.

(2) The Lord Chancellor may make arrangements for such purposes by—

(a) funding public bodies, law centres, citizens advice bureaux and not-for-profit advice and support agencies to facilitate the provision of such services; and

(b) supporting the delivery of such services through the provision of grant in aid to providers of civil legal services, including any consortia or partnership arrangements with public bodies, into which they may choose to enter.”

Page 8, line 25, leave out from “premises” to end of line 14 on page 9

Page 8, line 25, leave out from “premises” to end of line 20 on page 9

Page 9, line 21, leave out subsection (9) and insert—

“( ) Sections 20 and 26(2) do not apply in relation to this section.”

The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.

Page 10, line 8, at end insert—

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

Page 10, line 14, at end insert—

“( ) Before making regulations, the Lord Chancellor must, in particular, consult and have regard to the views of—

(a) the Lord Chief Justice;

(b) the Director of Public Prosecutions;

(c) the Bar Council;

(d) the Law Society of England and Wales; and

(e) the Institute of Legal Executives.”

Page 10, line 46, leave out “may” and insert “must”

Page 10, line 46, leave out “the review of, or”

Page 10, line 47, leave out “or other person”

Page 12, line 20, leave out subsection (3)

The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill.

Page 15, line 8, at end insert—

“( ) For the purposes of subsection (1), “financial resources” shall include all the realisable property of the individual subject to a restraint order under section 41 of the Proceeds of Crime Act 2002 (restraint orders) and subsections (4) and (5) of that section are hereby repealed.”

Page 15, line 24, leave out “, by telephone or by other prescribed means”

Page 17, line 15, after “individual” insert “or person”

Page 17, line 31, leave out subsection (3)

Page 17, line 35, after “may” insert “not”

Page 21, line 6, after “particular” insert—

“(a)”

Page 21, line 7, at end insert “provided that he or she is satisfied that the person would not by virtue of using those services be disadvantaged as a result of disability, mental illness or other impairment”

Page 21, line 7, at end insert “, and

(b) by arranging for the services so provided to be offered by law centres, Citizens Advice Bureaux or other independent or voluntary organisations approved by him or her”

Page 21, line 7, at end insert—

“( ) The Lord Chancellor may discharge the duty to provide initial advice and assistance under section 12 by arranging for those services to be provided by telephone or other electronic means only where the person in custody has expressly agreed to receive those services solely by such means.”

The above-named Lords give notice of their intention to oppose the Question that Clause 26 stand part of the Bill.

Page 30, leave out lines 4 to 6 and insert—

“(b) the maximum limit must be expressed as comprising either or both of the following—

(i) a percentage of the descriptions of damages awarded in the proceedings that are specified in the agreement; or

(ii) a percentage of the amount of fees which would be payable to the person providing legal services including advocacy if they were not acting under a conditional fee agreement,”

Page 30, line 7, leave out “that percentage” and insert “those percentages”

Page 30, line 10, leave out “those”

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.”

Page 30, line 15, leave out subsection (4)

Page 30, line 16, after “(6)” insert “Subject to subsection (7),”

Page 30, line 16, after “proceedings” insert “, other than a claim for damages as a consequence of a personal injury in which the claimant sustained injuries of maximum severity as defined in the Judicial Studies Board Guidelines on Personal Injury Damages,”

Page 30, line 16, after “proceedings” insert “, other than a claim for damages for personal injury based on occupiers’ liability,”

Page 30, line 16, after “proceedings” insert “, unless the court determines that the conduct of the defendant has been unreasonable (in whole or in part)”

Page 30, line 16, after “proceedings” insert “, other than those cases that are certified as being a test case of public importance,”

Page 30, line 16, after “proceedings” insert “, other than an appeal,”

Page 30, line 16, after “proceedings” insert “, other than a claim for damages under the Fatal Accidents Act 1976 or the Law Reform (Miscellaneous Provisions) Act 1934 arising out of death,”

Page 30, line 18, at end insert—

“( ) After subsection (6) of that section, insert—

“(7) A costs order may include provision requiring the payment of any fees payable under a conditional fee agreement which provides for a success fee in the following proceedings—

(a) proceedings in England and Wales by a company which is being wound up in England and Wales or Scotland;

(b) proceedings by a company which has entered administration under Part II of the Insolvency Act 1986;

(c) proceedings in England and Wales by a person acting in the capacity of—

(i) liquidator of a company which is being wound up in England and Wales or Scotland; or

(ii) trustee of a bankrupt’s estate;

(d) proceedings by a person acting in the capacity of an administrator appointed pursuant to the provisions of Part II of the Insolvency Act 1986.

(8) In subsections (7)(a) and (c) “company” means a company within the meaning of section 1 of the Companies Act 2006 or a company which may be wound up under Part V of the Insolvency Act 1986.””

Page 30, line 18, at end insert—

“( ) After subsection (7) insert—

“(8) The Lord Chancellor may by order prescribe that sections 58(4A) and (4B) and subsection (6) shall not apply to any conditional fee agreement where all of the following conditions are met—

(a) the proceedings include a claim by an individual or group of individuals for damages,

(b) the loss or injury allegedly caused has occurred in a developing country,

(c) a judge of the High Court has certified, whether before or after the commencement of court proceedings, that—

(i) the proposed litigation raises issues which ought, in the interests of justice, to be considered by a court in England and Wales;

(ii) the resources of the proposed claimant or claimants are significantly less than those of the proposed defendant or defendants; and

(iii) in the absence of the provisions of this subsection there would be a significant risk that the proposed claimant or claimants would be unable to secure effective legal representation in England or Wales.

(9) In subsection (8) “developing country” means a country, not being a member state of the European Union, whose per capita gross national income was less than 50 per cent of the per capita gross national income of the United Kingdom in any of the three years prior to the year (or if more than one year, the first year) in which the injury or loss is alleged to have occurred.”.”

Page 30, line 20, at end insert “or section 58A(8)”

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

Page 31, line 26, after “proceedings” insert “, for any area of law that is subject to a qualified one-way cost-shifting regime,”

Page 31, line 29, leave out from “policy” to end of line 23 on page 32

Page 31, line 29, after “unless” insert—

“(a) the party is one to whom section 58A(8) applies, or

(b)”

Page 31, line 30, at end insert “, (2A) or (2B)”

Page 31, line 30, at end insert—

“( ) The Lord Chancellor may by regulations provide that a costs order may include provision requiring the payment of such an amount where the order is made in favour of a party to proceedings of the type specified in section 58A(7) of the Courts and Legal Services Act 1990.”

Page 31, line 31, leave out first “may” and insert “shall”

Page 31, line 31, leave out second “may” and insert “shall”

Page 31, line 44, at end insert—

“( ) The Lord Chancellor shall by regulations provide that a costs order shall include a payment to cover circumstances where a party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay his or her own disbursements and against any residual risks of meeting the other party’s costs after the introduction of any qualified one-way cost-shifting regime.”

Page 31, line 44, at end insert—

“( ) When making Regulations under subsection (2), the Lord Chancellor shall have regard to the financial and commercial viability of the insurance market.”

Page 31, line 44, at end insert—

“(2A) The Lord Chancellor may, by regulations, provide that a costs order may include provision requiring the payment of such an amount where—

(a) the order is made in favour of a party to proceedings which include an environmental claim,

(b) the party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay for one or more expert reports in respect of an environmental claim (or against that risk and other risks),

(c) the policy states how much of the premium relates to the liability to pay for an expert report or reports in respect of an environmental claim (“the relevant part of the premium”), and

(d) the amount is to be paid in respect of the relevant part of the premium.

(2B) The Lord Chancellor may by regulations provide that a costs order may include provision requiring the payment of such an amount where—

(a) the order is made in favour of a party to proceedings which include an environmental claim,

(b) the party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay the costs of the opposing party, and

(c) the opposing party has agreed prior to the commencement of proceedings that the costs insurance policy should be taken out.”

Page 32, line 5, after “regulations” insert “under subsection (2)”

Page 32, line 8, at end insert—

“(4A) Regulations under subsection (2B) may include provision about the amount that may be required to be paid by the costs order in the event that additional cover beyond the extent of the cover as agreed by the opposing party was obtained by the party which took out the costs insurance policy.”

Page 32, line 17, at end insert—

““environmental claim” means a claim by which a person seeks any remedy or relief in respect of an act, omission or decision relating to the environment and, for the purpose of this section, an act, omission or decision relates to the environment if information about it would be environmental information within the meaning of Article 2(3) of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Justice;”

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 services.”

The above-named Lords give notice of their intention to oppose the Question that Clause 45 stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill.

Insert the following new Clause—

“Qualified one way costs shifting

(1) An unsuccessful claimant in proceedings which include an environmental claim or which are brought under Part 54 of the Civil Procedure Rules shall not be ordered to pay the costs of any other party other than where the claimant has acted unreasonably in bringing or conducting the proceedings.

(2) The Lord Chancellor may, by regulations, provide that a claimant in proceedings other than proceedings which include an environmental claim or which are brought under Part 54 of the Civil Procedure Rules shall not be ordered to pay the costs of any other party other than where the claimant has acted unreasonably in bringing or conducting the proceedings.

(3) “Environmental claim” means a claim by which a person seeks any remedy or relief in respect of an act, omission or decision relating to the environment, and for the purpose of this section, an act, omission or decision relates to the environment if information about it would be environmental information within the meaning of Article 2(3) of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Justice.”

Page 38, line 3, leave out “may” and insert “shall”

Page 38, line 16, after “amount” insert “, being an amount not less than 10 percent,”

Page 38, line 16, after “amount” insert “, being an amount not less than 25 percent,”

Page 38, line 17, at end insert—

“(3A) Every three years beginning with the day that this section comes into force, the Lord Chancellor must review the level of the prescribed amount referred to in subsection (3) and consider whether there should be any increase.

(3B) Following a review being undertaken under subsection (3A), the Lord Chancellor must either—

(a) in a case where he or she considers that the amount should be increased, lay a draft order with the reasons for any proposed changes before both Houses of Parliament for approval; or

(b) in a case where he or she considers that the amount should not be increased, publish and lay of the results of the review, including any reasons for not making an increase, before both Houses of Parliament.”

Page 38, line 36, at end insert “and shall include without limitation injunctive, declaratory or other non-monetary relief and any form of vindication of the claimant’s reputation”

Insert the following new Clause—

“Third party litigation funding

(1) A third party litigation funding agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of it being a third party litigation funding agreement; but any other third party litigation funding agreement shall be unenforceable.

(2) A third party litigation funding agreement is an agreement under which a third party (“the funder”) agrees to fund (in whole or in part) the provision of advocacy or litigation services to another person (“the litigant”) by a person other than the funder in exchange for remuneration.

(3) For the purposes of subsection (2), “remuneration” includes—

(a) a payment or any other transfer of value representing or calculated by reference to the value of a judgment or settlement; and

(b) an assignment of the proceeds (in whole or in part) of any judgment or settlement.

(4) The following conditions are applicable to a third party litigation funding agreement—

(a) it must be in writing;

(b) it must not relate to—

(i) proceedings which by virtue of section 58A(1) and (2) of the Courts and Legal Services Act 1990 cannot be the subject of an enforceable conditional fee agreement;

(ii) a multi-party action, representative action or any proceedings which are the subject of a group litigation order; or

(iii) any other proceedings of a description prescribed by the Lord Chancellor;

(c) it must comply with such requirements as shall be prescribed by the Lord Chancellor.

(5) Regulations under subsection (4)(c) may—

(a) require any person which enters into a third party funding agreement with a litigant to first obtain a license from a licensing body to be designated by the Lord Chancellor; and

(b) set out conditions to be satisfied in order to obtain such a license.

(6) In this section “advocacy services” and “litigation services” are as defined in section 119 of the Courts and Legal Services Act 1990.”

Insert the following new Clause—

“Third party’s insurance company

(1) A third party’s insurance company may not solicit a claimant who has a cause of action for personal injuries against its policy holder, to settle that cause of action where to the knowledge of the insurance company, the claimant is legally represented either under legal aid or a conditional fee agreement.

(2) A third party’s insurance company may not make an offer to settle in circumstances not prohibited by subsection (1), unless—

(a) it has obtained adequate medical evidence of the personal injury and has disclosed it to the claimant; and

(b) the claimant is advised when the offer is made of his right to obtain legal advice; and

(c) the offer is in full and final settlement of the cause of action.

(3) Any settlement made in breach of subsections (1) and (2) shall be void.”

Page 39, line 24, at end insert “, or

(c) arranges for another person to provide, for a fee, marketing services by unsolicited SMS text message, unsolicited telephone calls or any marketing in a hospital or other primary treatment centre.”

Page 39, line 24, at end insert—

“( ) A regulated person is not in breach of this section if—

(a) that person is a solicitor; and

(b) the body to which the payment is made for the prescribed legal business is a registered charity that has been granted an exemption by the claims management regulation unit.”

Page 40, line 35, at end insert—

“(b) for the purposes of providing a pooled marketing service, or”

Page 40, line 38, leave out subsection (9)

Page 41, line 2, leave out “may” and insert “shall”

Page 41, line 2, leave out “enable” and insert “require”

Page 41, line 16, leave out “may” and insert “shall”

Page 173, line 42, at end insert—

(1) Section 35 of the Criminal Justice Act 1988 is amended as follows.

(2) After subsection 3(b)(ii) insert “or

(iii) for an offence motivated by hostility the victim on the grounds of disability, transgender, race, religion and sexual orientation.””

Page 44, line 1, leave out “ordinary language” and insert “in an accessible way that may include, but will not be limited to simple use of language”

Page 44, line 2, at end insert “including the place of rehabilitation of the offender in the effect of the sentence”

Page 44, line 40, at end insert—

“( ) The court when requesting a pre-sentence report must ask for a social history on the offender from the Probation Service.”

Page 44, line 40, at end insert—

“( ) The court must consider the effects of sentencing on dependents.”

Insert the following new Clause—

“Requirements: understanding by offenders

A public body imposing an order under any of sections 67 to 71 shall have a duty to take all reasonable steps to ensure that the terms and requirements of the order are understood by the recipient of that order.”

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—

“1A 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.”.”

Insert the following new Clause—

“Abolition of certain sentences for dangerous offenders (No. 2)

All those already serving sentences of imprisonment for public protection for serious offences must either—

(a) have access to relevant rehabilitation programmes, or

(b) have their sentences rescinded,

within 30 days of the commencement of this Act.”

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.”

Page 97, line 7, at end insert—

“(c) the availability of support to carry out employment; and

(d) the availability of support to understand the terms of employment in prison.”

Page 97, line 19, at end insert—

“(c) the availability of support to carry out employment; and

(d) the availability of support to understand the terms of employment in prison.”

Page 104, line 17, at end insert—

“( ) In section 23(4) (the authorised person explains the effect of the conditional caution to the offender and warms him that failure to comply with any of the conditions attached to the caution will result in his being prosecuted for the offence) after “explains the effect of the conditional caution” insert “in a way which is easily understood by the offender and, if necessary, with support including, but not limited to, an appropriate adult”.

( ) After section 23(5) (the offender signs a document which contains details of the offence, an admissin by him that he committed the offence, his consent to being given the conditional caution and the conditions attached to the caution) insert (6) “The sixth requirement is that reasonable efforts and adjustments are made to ensure that the offender is able to comply with the conditions attached to the caution.”.”

Page 105, line 37, leave out “ordinary language” and insert “in an accessible way that may include, but will not be limited to, simple use of language”

Page 105, line 40, at end insert—

“(c) where that person requires support to communicate or understand the process, the appropriate adult.”

Page 109, leave out lines 6 to 19

Page 110, leave out lines 15 to 28

Page 111, line 39, at end insert—

“( ) The offence is not committed where the building has been empty for 6 months or more and where there are no significant steps being taken to refurbish, let or sell the building at the time of the trespass.”

The above-named Lords give notice of their intention to oppose the Question that Clause 130 stand part of the Bill.

Insert the following new Clause—

“Amendment to the Scrap Metal Dealers Act 1964

In section 5 (other offences relating to scrap metal) after subsection (2) insert—

“(3) If any scrap metal dealer accepts or makes payment in cash, that dealer shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) When deciding the level of fine to be charged under subsections (1) to (3), a court may take into account—

(a) the value of the scrap metal in question;

(b) the provenance of the scrap metal in question;

(c) the compliance of the scrap metal dealer with the provisions of sections 1 to 3 of this Act generally; and

(d) any other factors which the court deems to be relevant.””

Page 113, line 23, after “subsection” insert “(1A) and”

Page 113, line 23, leave out “subsection (2)” and insert “subsections (2), (2A) and (2B)”

Page 113, line 23, at end insert—

“(1A) The Lord Chancellor may not make an order to commence sections 45 and 46 until the Lord Chancellor has established a viable system of one-way cost-shifting for civil litigation.”

Page 113, line 23, at end insert—

“( ) An order bringing Part 2 of this Act into effect, in whole or part, shall not be made unless—

(a) personal injury damages for pain, suffering and loss of amenity have been increased by 25 per cent;

(b) an effective system of one-way qualified cost-shifting has been introduced; and

(c) an effective system to meet the disbursements of unsuccessful claimants has been introduced.”

Page 113, line 24, leave out “comes” and insert “and section (Pre-commencement impact assessment) come”

Page 113, line 24, at end insert—

“(2A) The Lord Chancellor shall, prior to commencement, commission an independent review report on the expected cost and impact on the time and resources of judges and the courts of any increase in the numbers of litigants in person arising from the provisions of Parts 1 and 2 of this Act.

(2B) The Lord Chancellor shall lay a copy of the report commissioned under subsection (2A) in both Houses of Parliament at the same time as laying a draft commencement order for any other section in Part 1.”

Page 114, line 21, after “and” insert “Rehabilitation and”

Line 5, after “about” insert “rehabilitation of offenders and”