Legal Aid, Sentencing and Punishment of Offenders Bill

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

Page 132, line 1, leave out sub-paragraph (10)

Page 132, line 2, leave out “there are no grounds on which it can be argued”

Page 132, line 4, at beginning insert “there are no grounds on which it can be argued”

Page 132, line 5, leave out “and” and insert “or”

Page 132, line 6, at beginning insert “there are no grounds on which it can be argued”

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

Page 132, line 10, 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 132, leave out line 32 and insert—

Page 132, line 34, leave out “serious”

Page 132, line 34, after “safety” insert “or damage to the person or property”

Page 132, line 35, leave out “family” and insert “household”

Page 132, line 36, after “risk” insert “or damage”

Page 132, line 39, at end insert—

“(1A) Where such arrangements as are specified in sub-paragraph (1)(c) are made or purport to be made, services shall not be withdrawn on the account only of such arrangements where the individual continues to qualify for services in accordance with sections 10 and 20 of this Act and regulations made thereunder.

(1B) For the avoidance of doubt, where services are or have been provided with a view to securing such arrangements, services may continue to be provided in connection with a claim for damages in respect of the same deficiency or deficiencies.”

Page 132, line 43, leave out “6 and 8” and insert “1, 2, 6, 8 and 12”

Page 133, line 1, leave out sub-paragraph (3)

Page 133, line 21, after “other” insert “vehicle or”

Page 133, line 23, at end insert—

““member of the individual’s household” means any person who occupies as his or her home the premises which also constitute the individual’s home.”

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 133, line 43, at end insert—

“(c) a claim for damages in respect of the harassment by any person of a residential occupier.”

Page 133, line 46, at end insert—

“(3) For the purposes of sub-paragraph (1)(c)—

(a) “residential occupier” has the same meaning as in section 1(1) of the Protection from Eviction Act 1977; and

(b) a person (“A”) shall be taken to have harassed a residential occupier (“B”) where A—

(i) does an act or acts likely to interfere with the peace or comfort of B or members of his household, or encourages or incites another person to do so; or

(ii) persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, or encourages or incites another person to do so.”

Page 134, line 28, after “2003” insert “(“the 2003 Act”)”

Page 134, line 31, after “1978” insert “(“the 1978 Act”)”

Page 134, line 31, at end insert—

“(4) The references in sub-paragraph (1) to a sexual offence include—

(a) incitement to commit a sexual offence,

(b) an offence committed by a person under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to which a sexual offence is the offence which the person intended or believed would be committed,

(c) conspiracy to commit a sexual offence, and

(d) an attempt to commit a sexual offence.

(5) In this paragraph references to a sexual offence include conduct which would be an offence under a provision of the 2003 Act or section 1 of the 1978 Act but for the fact that it took place before that provision or section came into force.

(6) Conduct falls within the definition of a sexual offence for the purposes of this paragraph whether or not there have been criminal proceedings in relation to the conduct and whatever the outcome of any such proceedings.”

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 9, at end insert “or a previous discrimination enactment”

Page 136, line 14, at end insert—

38A (1) Civil legal services provided to a child.

(2) In this paragraph “child” means a person under the age of 18.

(3) Sub-paragraph (1) is not subject to the exclusions in Parts 2 and 3 of this Schedule, with the exception of paragraphs 9 to 11, and 13 and 14 of Part 2.

(4) Sub-paragraph (1) does not permit services to be provided in relation to sections 12, 14 or 15.”

Page 136, line 14, at end insert—

“Definitions

( ) In this paragraph “previous discrimination enactment” means—

(a) the Equal Pay Act 1970;

(b) the Sex Discrimination Act 1975;

(c) the Race Relations Act 1976;

(d) the Disability Discrimination Act 1995;

(e) the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660);

(f) the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661);

(g) the Equality Act 2006;

(h) the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031);

(i) the Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263).

( ) The reference in sub-paragraph (1) to contravention of the Equality Act 2010 or a previous discrimination enactment includes—

(a) breach of a term modified by, or included by virtue of, a provision that is an equality clause or equality rule for the purposes of the Equal Pay Act 1970 or the Equality Act 2010, and

(b) breach of a provision that is a non-discrimination rule for the purposes of the Equality Act 2010.”

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 23, at end insert—

Civil legal services provided in relation to advice and proceedings where the applicant or respondent is aged 24 or under, or where the child is represented by a legal guardian, limited to cases concerning—

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

(b) proceedings relating to debt;

(c) housing law; and

(d) employment.”

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 136, line 34, 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 or lacks mental capacity, including—

(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 or appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007; and

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

Page 136, line 34, at end insert—

Civil legal services in relation to advice and proceedings where the applicant or respondent is a care leaver aged 21 or under, including—

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

(b) arrangements relating to their education;

(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 section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007; and

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

Page 136, line 34, at end insert—

Civil legal services in relation to advice and proceedings where the applicant or respondent is aged 24 or under, or where the child is represented by a legal guardian, including—

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

(b) proceedings relating to debt; and

(c) housing law.”

Page 136, line 34, at end insert—

Civil legal services provided in relation to any debt management relief or remedy available under Part 5 of the Courts, Tribunals and Enforcement Act 2007.”

[Re-tabled as Amendment 82ZA]

[Re-tabled as Amendment 82ZB]

[Re-tabled as Amendment 82ZC]

[Re-tabled as Amendment 82ZD]

Page 137, line 5, 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 138, line 13, after “physical” insert “, mental or psychological”

Page 138, line 18, at end insert “, or right to respect for a person’s home or their private life”

Page 139, line 1, at beginning insert “Advocacy in”

Page 139, line 42, at end insert—

“Advocacy for victims of trafficking in human beings in proceedings in the Employment Appeal Tribunal.”

Page 140, line 11, leave out “the preceding paragraphs” and insert “any other paragraph”

Page 140, line 12, at end insert—

“25 Advocacy in bail proceedings before any court which are related to proceedings within any other paragraph of this Part of this Schedule.

26 Advocacy in proceedings before any person for the enforcement of a decision in proceedings within any other paragraph of this Part of this Schedule.”

Page 140, line 32, leave out “2 or 3” and insert “or 2”

Page 140, line 41, at end insert—

“( ) Where a paragraph of Part 3 of this Schedule describes advocacy provided in relation to particular proceedings in or before a court, tribunal or other person, the description is to be treated as including services provided in relation to preliminary or incidental proceedings in or before the same court, tribunal or other person.”

Page 140, line 43, leave out “sub-paragraph (1)” and insert “this paragraph”

Page 141, line 3, at end insert—

“( ) when proceedings are related to other proceedings.”

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

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

Page 6, line 16, at end insert—

“( ) that it is appropriate to do so, having regard to the particular circumstances of the case, including—

(i) the client’s vulnerability;

(ii) the client’s capacity to represent themself;

(iii) the client’s health (including mental health) issues; and

(iv) the availability of alternative sources of advice and assistance and the impact and consequences on the client, or his or her family, of failing to receive advice and assistance under this Part;

( ) that the client is under the age of 18; or

( ) that it is otherwise in the interests of justice.”

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.”

Page 6, line 37, at end insert—

“( ) The Director shall make provision for the payment of reasonable costs incurred by any person making a successful funding application under this section.”

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.”

Insert the following new Clause—

“Report reviewing claims for clinical negligence

(1) In discharging his functions under section 1(4) above, the Lord Chancellor shall have regard to the report of a review under this section.

(2) The Lord Chancellor must, before the end of the period of one year beginning with the day on which this Act is passed, appoint an independent person to review generally claims for clinical negligence and means of improving the modes, procedures and outcomes relating to the same.

(3) The review must address, in particular,

(a) the accessibility, cost, effectiveness, openness, fairness, proportionality and speediness of such claims, and

(b) any other matters the Lord Chancellor considers appropriate.

(4) After the person appointed under subsection (2) has completed the review, he or she must compile a report of conclusions.

(5) As part of their conclusions the reviewer may propose such voluntary scheme or schemes as he or she shall see fit.

(6) In this section “claims” shall mean claims and complaints made by patients receiving services provided in the United Kingdom and commissioned in England in respect of a liability in tort or contract owed in respect of personal injury or loss arising in connection with breach of a duty of care owed to any person in connection with the diagnosis of illness, or in the care or treatment of any patient of an NHS body, a primary care or independent provider.

(7) The Lord Chancellor must lay before Parliament a copy of the report compiled under subsection (4).”

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 8, line 25, leave out from “premises” to end of line 23 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”

[Withdrawn]

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 16, after “proceedings” insert “, other than proceedings of a type listed in section 58(6A),”

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 18, 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 disease, condition or illness resulting from any breach of duty owed by an employer to an employee.”

Page 30, line 18, 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;

(b) physical or psychological injury; or

(c) any disease, condition or illness;

resulting from any breach of duty or trespass to that person.”

Page 30, line 18, at end insert—

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

“(6A) A costs order made in proceedings of a type listed in subsection (6B) may include provision requiring the payment by one party of all or part of a success fee payable by another party under a conditional fee agreement.

(6B) Proceedings against a public authority—

(a) in which there is a claim for—

(i) assault,

(ii) battery,

(iii) false imprisonment,

(iv) malicious prosecution,

(v) trespass to goods or land,

(vi) misfeasance in a public office, or

(vii) judicial review,

(b) under the Data Protection Act 1998,

(c) under the Equality Act 2010,

(d) in negligence where there is a wider public interest in the claim being brought, or

(e) for damages in respect of an act or omission by a public authority that involves a breach of Convention rights by the authority.””

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

Page 30, line 23, at end insert—

“( ) The amendments made by this section do not apply in relation to proceedings which include a claim for damages for respiratory disease or illness (whether or not resulting in death) arising from industrial exposure to harmful substance.”

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

Insert the following new Clause—

“Uprate to general damages

The quantum of damages for pain, suffering and loss of amenity is increased by 10 per cent above the levels awarded immediately before this section comes into force.”

Insert the following new Clause—

“Uprate to general damages (No. 2)

The quantum of damages for pain, suffering and loss of amenity is increased by 33 per cent above the levels awarded immediately before this section comes into force.”

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.”

Page 32, line 29, at end insert—

“( ) The amendment made by this section does not apply in relation to proceedings which include a claim for damages for respiratory disease or illness (whether or not resulting in death) arising from industrial exposure to a harmful substance.”

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 disease, condition or illness is the result of a breach of duty owed by an employer to an employee.”

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

Page 32, line 36, at end insert—

“( ) The repeal made by subsection (1) does not apply in relation to proceedings which include a claim for damages for respiratory disease or illness (whether or not resulting in death) arising from industrial exposure to a harmful substance.”

Page 32, line 36, at end insert—

“( ) The repeal made by subsection (1) does not apply in relation to proceedings which include a claim for damages for any disease, condition or illness arising from a breach of duty by an employer.”

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 per cent,”

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

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 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.”

Insert the following new Clause—

“Approach to settle by an insurance company to a personal injury claimant

(1) A third party’s insurance company may not make an approach to a claimant who is making a claim for damages for personal injury against that third party with an offer to settle that claim if that approach is—

(a) unsolicited; or

(b) the claimant has legal representation known to the insurance company.

(2) For the avoidance of doubt “unsolicited” in this section includes the mere intimation of a claim to the third party or his insurance company without a specific request for settlement proposals.

(3) If the third party’s insurance company makes an offer to settle in circumstances not prohibited by this section, then it must ensure—

(a) that adequate medical evidence of the personal injury is obtained and shared with the claimant; and

(b) the claimant is advised—

(i) of his right to obtain legal advice before deciding upon the offer; and

(ii) in the event of acceptance, that the offer is in full and final settlement of the claim and cannot later be reopened, if that be the case.

(4) Any settlement in breach of this section shall be void.”

Page 39, line 20, at end insert—

“and in either case, the regulated person and the person by or to whom the business is referred, each act in the course of a business carried on for profit”

Page 39, line 22, after “business” insert “carried on for profit”

Page 39, line 23, after “client” insert “in the course of a business carried on by that person for profit”

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 39, line 28, after “damages” insert “which consist of or include damages”

Page 40, line 6, after “consideration” insert “whether received by the person referring prescribed legal business or not”

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”

Lord Lucas gives notice of his intention to oppose the Question that Clause 59 stand part of the Bill.

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 towards the victim on the grounds of disability, transgender, race, religion and sexual orientation.””

Page 43, line 32, at end insert—

“(1A) The court may order that the prosecution should inform the victim of the court’s decision and the consequences thereof.”

Page 43, line 33, after “language” insert “appropriate to the intellectual ability and understanding of the individual offender”

Page 43, line 34, at end insert—

“(2A) In complying with subsection (1), where the sentence is a custodial sentence and the duty in subsection (2) of section 152 is not excluded by subsection (1)(a) or (b) or (3) of that section, the court must state that it is of the opinion referred to in section 152(2) and why it is of that opinion.”

Page 44, line 1, leave out “ordinary language” and insert “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—

“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.

(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.””

Insert the following new Clause—

“Awareness of sentencing options

(1) The Lord Chancellor must make arrangements to ensure that courts and magistrates have knowledge of the work of their local probation trust and of the programmes and options it provides.

(2) Each probation trust must liaise with courts and magistrates in the area for which the trust has responsibility to ensure knowledge of the programmes and options it provides.”

Insert the following new Clause—

“Short prison sentences

A court may not pass a sentence of imprisonment for a term less than six months unless it considers that no other method of dealing with the offender is appropriate and must state the reasons for its opinion in open court in accordance with the provisions of section 174 of the Criminal Justice Act 2003 (duty to give reasons for, and explain effect of, sentence).”

Page 47, line 6, at end insert—

“(c) omit sub-paragraph (c)”

Page 47, line 19, at end insert—

“(c) omit sub-paragraph (c)”

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—

“Alcohol monitoring requirement

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

“212A Alcohol monitoring requirement

(1) In this Part “alcohol monitoring requirement”, in relation to a relevant order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount of no less than £1 and no more than £5 in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and the offender expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the area proposed to be specified in the order under section 216 (local justice area to be specified in relevant order).

(3) A relevant order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to subsection (1)(b).

(5) The Secretary of State may make rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under subsection (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(6) In this section, “monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided.”.”

Insert the following new Clause—

“Community supervision requirement for offenders aged 18 to 25

(1) In section 177 of the Criminal Justice Act 2003, after paragraph (l) insert—

“(la) in a case where the offender is aged 18 or over and under 25, an intensive community supervision requirement,”.

(2) The court if it makes a community order which imposes an activity requirement, may specify in relation to that requirement a number of days which is more than 90 but not more than 180.

(3) An activity requirement made under subsection (2) is referred to in this Part as an “intensive community supervision requirement”.

(4) A community order which imposes an intensive community supervision requirement must also impose—

(a) a supervision requirement, and

(b) a curfew requirement (and accordingly, if so required, an electronic monitoring requirement).

(5) A community order which imposes an intensive community supervision requirement (and other requirements in accordance with subsection (4)) is referred to in this Part as “a community order with intensive community supervision” (whether or not it also imposes any other requirement).”

Page 53, line 9, at beginning insert—

“( ) In section 16(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (duty or power to refer certain young offenders to youth offender panels) for “18” substitute “21”.”

Page 53, line 17, at end insert—

“(2A) In section 18 of that Act (making of referral orders: general)—

(a) in subsection (1)(a) after “team” insert “or probation trust”, and

(b) in subsection (2) after “team” insert “or probation trust”.

(2B) In section 21 of that Act (establishment of panels)—

(a) in subsection (3)(a) after “team” insert “or probation trust”,

(b) in subsection (3)(b) after “team” insert “or probation trust”,

(c) in subsection (5) after “team” wherever it appears insert “or probation trust”,

(d) in subsection (6)(a) after “team” insert “or probation trust”,

(e) in subsection (6)(b) after “team” wherever it appears insert “or probation trust”, and

(f) in section (6)(c) after “team” insert “or probation trust”.

(2C) In section 27(1) of that Act (final meeting) after “team” insert “or probation trust”.

(2D) In section 29(1) of that Act (functions of youth offending teams)—

(a) in subsection (1) after “team” insert “or probation trust”,

(b) in subsection (2)(a) after “team” insert “or probation trust”, and

(c) in subsection (3) after “team” insert “or probation trust”.”

Insert the following new Clause—

“Youth rehabilitation orders: alcohol monitoring requirement

(1) In Schedule 1 to the Criminal Justice and Immigration Act 2008, after paragraph 24 insert—

24A (1) In this Part “alcohol monitoring requirement”, in relation to a youth rehabilitation order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the local justice area proposed to be specified in the order.

(3) A youth rehabilitation order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) Where the offender has not attained the age of 17, the order must provide for the samples to be provided in the presence of an appropriate adult.

(5) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to sub-paragraph (1)(b).

(6) The Secretary of State may make rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under sub-paragraph (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(7) In this paragraph—

“appropriate adult” means—

(a) the offender’s parent or guardian or, if the offender is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

(b) a social worker of the local authority, or

(c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police; and

“monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided”.”

Insert the following new Clause—

“Youth rehabilitation order: restorative justice requirement

(1) In section 1(1) of the Criminal Justice and Immigration Act 2008 (youth rehabilitation order: requirements), after paragraph (o) insert—

“(p) the court may include in a youth rehabilitation order a restorative justice requirement.”

(2) Schedule (Restorative justice requirement: Criminal Justice Act 2003) shall have effect.”

Insert the following new Clause—

“Enablement of courts to remand cases for restorative justice arrangements

(1) Subject to subsection (2) where—

(a) at his first hearing, a defendant pleads or has pleaded guilty to an offence, and

(b) there is an identifiable victim of that offence,

the court may remand the case in order that the victim shall be offered the opportunity to participate in a process of restorative justice involving the offender and any person or persons affected by the offence.

(2) A court may not remand the case for the purpose specified in subsection (1) unless it is satisfied that arrangements for a process of restorative justice can be or have been made in the area where the offender will reside.

(3) Where a court does not remand the case the purpose specified in subsection (1) at the first hearing it may do so at a subsequent hearing.”

Insert the following new Clause—

“Enforcement

(1) Where a magistrates’ court has proceeded in the absence of an offender and the court has imposed a fine following conviction any warrant to enforce a fine or other financial penalty, the court may at any time suspend or withdraw the warrant and the matter returned to the court which convicted the offender or such other responsible court within jurisdiction for the area in which the offender resides (“the responsible court”).

(2) Regulations shall be made enabling a court, Her Majesty’s Court Service or any person employed to enforce a warrant against a convicted person, to suspend or withdraw the warrant and return the matter to the court which convicted the offender or the responsible court as in subsection (6).

(3) Any person enforcing a warrant for a levy of distress or an execution against goods on behalf of a magistrates’ court shall be paid a single fee in respect of the work undertaken on the warrant to recover the fine or debt.

(4) Where any person enforcing a warrant for a levy of distress or an execution against goods following a fine or other order imposed by a magistrates’ court fails to recover the payment of the fine or discovers no or insufficient goods exist, that person shall return the matter to the court which imposed the fine or the responsible court in subsection (1) in order that another enforcement method for the recovery of the money owed may be undertaken.

(5) Regulations made under subsection (2) shall include the steps to be taken in a case where following conviction it is discovered that the convicted person falls into a “vulnerable category” for the purposes of page 9 of the National Standards for Enforcement Agents or as may be prescribed.

(6) Where on enforcing a warrant for a levy of distress or an execution against goods, the person enforcing the warrant discovers that the convicted person falls into a vulnerable category for the purposes of page 9 of the National Standards for Enforcement Agents or under regulations made in subsection (5), it shall be the duty of the person enforcing the warrant to return the matter to the magistrates’ court or the responsible court as the case may be for further consideration of the enforcement steps to be taken.”

Insert the following new Schedule—

1 The Criminal Justice Act 2003 is amended as follows.

2 In section 177 (community orders)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”.

3 In section 182 (licence conditions)—

(a) in subsection (1), after paragraph (f), insert—

“(fa) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement).”.

4 In section 185 (intermittent custody: licence conditions), in subsection (1), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement).”

5 In section 190 (imposition of requirements by suspended sentence order)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”,

(c) in subsection (4), after “an alcohol treatment requirement,” insert “an alcohol monitoring requirement.”

6 In section 238 (power of court to recommend licence conditions), after subsection (1), insert—

“(1A) That may include a recommendation that the offender should be required to refrain from consuming alcohol, including a requirement that the offender submit to testing.”.

7 In section 250 (licence conditions), after subsection (2)(b)(ii), insert “, and

“(iii) a condition requiring the prisoner to refrain from consuming alcohol, including a requirement that the prisoner must submit to testing.”.

8 (1) Schedule 8 (breach, revocation or amendment of community order) is amended in accordance with this paragraph.

(2) In paragraph 5 (duty to give warning), in sub-paragraph (1), after the words “community order”, insert “, other than a community order imposing an alcohol monitoring requirement”.

(3) After paragraph 6, insert—

6A (1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement—

(a) a constable may arrest the offender without warrant,

(b) and the responsible officer may cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”

9 (1) Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction) is amended in accordance with this paragraph.

(2) In paragraph 4 (duty to give warning), in sub-paragraph (1), after “a suspended sentence order”, insert “, other than an alcohol monitoring requirement.”

(3) After paragraph 5, insert—

5A (1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement of a suspended sentence order—

(a) a constable may arrest the offender without warrant, and

(b) the responsible officer may cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any suspended sentence order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”

10 In Schedule 14 (persons to whom copies of requirements to be provided in particular cases), after the entry for “and alcohol treatment requirement”, insert—

Insert the following new Schedule—

1 The Criminal Justice and Immigration Act 2008 is amended as follows.

2 In section 1 (youth rehabilitation orders), after subsection (1)(n), insert—

“(na) an alcohol monitoring requirement (see paragraph 24A of that Schedule),”.

3 (1) Schedule 1 (further provision about youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 1 (imposition of requirements), after paragraph (k), insert—

“(ka) paragraph 24A(2) (alcohol monitoring requirement), and”.

(3) In paragraph 34(4) (provision of copies of orders), after the entry for “an intoxicating substance treatment requirement”, insert—

4 (1) Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 3(1) (duty to give warning), after “youth rehabilitation order”, insert “, other than an order imposing an alcohol monitoring requirement,”.

(3) After paragraph 4, insert—

4A If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement—

(a) a constable may arrest the offender without warrant, and

(b) the responsible officer may cause an information to be laid before a justice of the peace in respect of that failure.”

(4) In paragraph 21(1) (warrants) after “by virtue of this Schedule” insert “or under paragraph 4A”.”

Insert the following new Schedule—

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

(2) In section 177 (community orders), in subsection (1) after paragraph (j) insert—

“a restorative justice requirement.””

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.”.”

Page 198, line 4, at end insert—

28A (1) Section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal where bail is granted) is amended as follows.

(2) After subsection (1A) insert—

“(1B) Where a judge of the Crown Court grants bail to a person who is charged with, or convicted of, an offence punishable by imprisonment, the prosecution may appeal to the High Court against the granting of bail.

(1C) An appeal under subsection (1B) may not be made where a judge of the Crown Court has granted bail on an appeal under subsection (1).”

(3) In subsection (2) for “Subsection (1) above applies” substitute “Subsections (1) and (1B) above apply”.

(4) In subsections (3), (4) and (8) for “or (1A)” substitute “, (1A) or (1B)”.

(5) In subsection (10)(a)—

(a) for “reference in subsection (1)” substitute “references in subsections (1) and (1B)”, and

(b) for “is to be read as a reference” substitute “are to be read as references”.”

Page 198, line 14, at end insert—

“30A In section 200 of the Extradition Act 2003 (amendments to section 1 of the Bail (Amendment) Act 1993) omit subsections (4)(a) and (7)(a).”

Page 65, line 38, after “language” insert “appropriate to the intellectual ability and understanding of the individual child”

Page 74, line 1, after “language” insert “appropriate to the intellectual ability and understanding of the individual child”

Page 77, line 12, leave out “committed on or after 4th April 2005”

Page 78, leave out lines 17 to 20

Page 78, line 22, after “91” insert “or 96”

Page 78, line 23, after “section” insert “227 or”

Page 78, line 23, leave out from second “Act” to end of line 25

Page 79, line 28, leave out “, (11)”

Page 80, line 39, at end insert—

“( ) In section 305(1A) (modification of reference to want of sufficient distress), inserted by paragraph 155 of Schedule 13 to the Tribunals, Courts and Enforcement Act 2007, for “In the definition of “sentence of imprisonment” in subsection (1) the reference” substitute “In this Part any reference”.”

Page 81, line 4, at end insert—

“( ) section 23 and Schedule 6.”

Page 205, line 25, at end insert—

6 In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other provisions applicable on order for retrial), in paragraph 2(4), for “Sections 240” substitute “Sections 240ZA”.

7 In section 7 of the Immigration Act 1971 (exemption from deportation for certain existing residents), in subsection (4), after “section 240” insert “, 240ZA or 240A”.

8 In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed), in subsection (6)—

(a) omit “a direction under”;

(b) in paragraph (a), for “section 240” substitute “section 240ZA”;

(c) in paragraph (b), before “section 240A” insert “a direction under”.

9 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

10 In section 82A (determination of tariffs), in subsection (3)(b), for “section 240” substitute “section 240ZA”.

11 In section 101 (term of detention and training order), in subsection (12A), for “the reference in subsection (2) of that section to section 240” substitute “the reference in subsection (2A) of that section to section 240ZA”.

12 In section 147A (extension of disqualification where custodial sentence also imposed), in subsection (6)—

(a) omit “a direction under”;

(b) in paragraph (a), for “section 240” substitute “section 240ZA”;

(c) in paragraph (b), before “section 240A” insert “a direction under”.

13 In Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 2(1)(d), for “sections 240” substitute “sections 240ZA”.”

Page 81, line 12, leave out from “months” to end of line 14

Page 81, line 25, at end insert—

“(4) This section is subject to—

(a) section 256B (supervision of young offenders after release), and

(b) paragraph 8 of Schedule 20B (transitional cases).””

Page 205, line 27, at end insert—

1 In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed)—

(a) in subsection (8), after “section” insert “243A(3)(a),”;

(b) in subsection (9)(a), after “in respect of section” insert “243A(3)(a) or”.

2 In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands), in paragraphs 8(2)(a) and 9(2)(a), after “sections 241,” insert “243A,”.

3 In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of disqualification where custodial sentence also imposed)—

(a) in subsection (8), after “section” insert “243A(3)(a),”;

(b) in subsection (9)(a), after “in respect of section” insert “243A(3)(a) or”.

4 In Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 3(1), for “sections 244” substitute “sections 243A”.”

Page 82, line 12, after “91” insert “or 96”

Page 82, line 12, after second “section” insert “227 or”

Page 82, leave out lines 13 and 14

Insert the following new Clause—

“Replacement of transitory provisions

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release on licence) is amended as follows.

(2) In section 237(1)(b) (“fixed-term prisoner” includes those serving sentence of detention)—

(a) after “91” insert “or 96”;

(b) before “228” insert “227 or”.

(3) At the end of that section insert—

“(3) In this Chapter, references to a sentence of detention under section 96 of the Sentencing Act or section 227 of this Act are references to a sentence of detention in a young offender institution.”

(4) In section 244(3)(a) (duty to release prisoners: requisite custodial period), after “91” insert “or 96”.

(5) In section 250(4) (licence conditions)—

(a) after “91” insert “or 96”;

(b) before “228” insert “227 or”.

(6) In section 258 (early release of fine defaulters and contemnors), after subsection (3) insert—

“(3A) The reference in subsection (3) to sentences of imprisonment includes sentences of detention under section 91 or 96 of the Sentencing Act or under section 227 or 228 of this Act.”

(7) In section 263(4) (concurrent terms)—

(a) after “91” insert “or 96”;

(b) before “228” insert “227 or”.

(8) In section 264(7) (consecutive terms)—

(a) after “91” insert “or 96”;

(b) before “228” insert “227 or”.

(9) In section 265(2) (restriction on consecutive sentences)—

(a) after “91” insert “or 96”;

(b) before “228” insert “227 or”.

(10) In Part 2 of the Crime (Sentences) Act 1997 (life sentences: release on licence)—

(a) in section 31A(5) (termination of licences), in the definition of “preventive sentence”, after “a sentence of imprisonment” insert “or detention in a young offender institution”;

(b) in section 34(2)(d) (interpretation), after “a sentence of imprisonment” insert “or detention in a young offender institution”.

(11) In the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), article 3(7), (10), (11), (12), (13), (14), (15) and (17)(a) and (b) (transitory provision replaced by this section) are revoked.”

Page 208, line 4, at end insert—

“( ) Section (Replacement of transitory provisions) applies in relation to any person who falls to be released under Chapter 6, or (as the case may be) under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, on or after the commencement date.”

Lord McNally gives notice of his intention to oppose the Question that Clause 112 stand part of the Bill.

Insert the following new Clause—

“Simplification of existing transitional provisions

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (“the 2003 Act”) is to apply to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed).

(2) Section 258 of the 2003 Act (release of fine defaulters and contemnors) is to apply to any person who was, before 4 April 2005, committed to prison or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000—

(a) in default of payment of a sum adjudged to be paid by a conviction, or

(b) for contempt of court or any kindred offence.

(3) In accordance with subsections (1) and (2)—

(a) the repeal of Part 2 of the Criminal Justice Act 1991 which is made by section 303(a) of the 2003 Act has effect in relation to any person mentioned in those subsections;

(b) paragraphs 15 to 18, 19(a), (c) and (d), 20, 22 to 28 and 30 to 34 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008 (S.I. 2005/950) (which relate to the coming into force of provisions of Chapter 6 of Part 12 of the 2003 Act) are revoked.

(4) Section 86 of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of periods in custody and on licence in the case of certain sexual offences) is repealed.

(5) Schedule (Amendments of the Criminal Justice Act 2003: transitional and consequential provisions) (transitional and other provisions consequential on this section) has effect.

(6) Schedule (Criminal Justice Act 2003: restatement of transitional provisions) (amendments to the 2003 Act restating the effect of certain transitional and other provisions relating to the release and recall of prisoners) has effect.”

Insert the following new Clause—

“Duty to release certain prisoners serving a whole life sentence

In Chapter 2 of Part 1 of the Crime (Sentences) Act 1997 after section 28 insert—

“28A Duty to release certain prisoners serving a whole life sentence

(1) In the case of a life prisoner who has been made subject to a whole life order, and has served 30 years of his sentence, it shall be the duty of the Secretary of State, with the consent of the Lord Chief Justice and the trial judge if available, to refer the case to the Parole Board.

(2) If the Parole Board is satisfied—

(a) that it is no longer necessary for the protection of the public that the prisoner should be confined, and

(b) that in all the circumstances the release of the prisoner on licence would be in the interests of justice,

the Parole Board may direct his release under this section.

(3) Where the Parole Board has directed a prisoner’s release under this section, it shall be the duty of the Secretary of State to release him on licence.””

Insert the following new Clause—

“Effect of life sentence

In Chapter 7 of Part 12 of the Criminal Justice Act 2003 (effect of life sentence) omit section 269(5) to (7).”

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.”

Insert the following new Schedule—

1 The Criminal Justice Act 2003 is amended as follows.

2 After section 267 insert—

“267A Application of Chapter 6 to pre-4 April 2005 cases

Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect.”

3 After Schedule 20 insert—

1 In this Schedule—

“the 1991 Act” means the Criminal Justice Act 1991;

“the commencement date” means the date on which section (Simplification of existing transitional provisions) of the Legal Aid, Sentencing and Punishment of Offenders Act 2011 comes into force.

2 Paragraphs 3 to 9 apply in relation to any person serving a sentence for an offence committed before 4 April 2005, whenever that sentence was imposed (see section (Simplification of existing transitional provisions)(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2011).

3 (1) Any relevant period is to be treated, for the purposes of section 240ZA, as if it were a period for which the offender was remanded in custody in connection with the offence.

(2) “Relevant period” means any period which would (but for the repeal of section 67 of the Criminal Justice Act 1967) be a relevant period within the meaning of that section (reduction of sentences by period spent in custody etc).

4 Section 246 applies as if, in subsection (4)—

(a) the reference in paragraph (a) to section 227 or 228 were a reference to section 85 of the Sentencing Act;

(b) the reference in paragraph (d) to paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 were a reference to paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Sentencing Act;

(c) in paragraph (g)—

(i) the reference to section 246 included a reference to section 34A of the 1991 Act,

(ii) the reference to section 255(1)(a) included a reference to section 38A(1)(a) or 39(1) or (2) of the 1991 Act, and

(iii) the reference to section 255(3) included a reference to section 38A(3) of the 1991 Act;

(d) the references in paragraph (h) to sections 248 and 254 included references to, respectively, sections 36 and 39(1) or (2) of the 1991 Act; and

(e) in paragraph (i), the words from “in the case of” to “relates” were omitted.

5 (1) Where the person has been released on licence under Part 2 of the 1991 Act or under section 60 of the Criminal Justice Act 1967 before the commencement date, the person is to be treated as if the release had been under this Chapter.

(2) In particular, the following provisions apply.

(3) A licence under section 34A of the 1991 Act is to be treated as if it were a licence under section 246.

(4) A licence under section 36 of the 1991 Act is to be treated as if it were a licence under section 248.

(5) Any condition of a licence specified under section 37 of the 1991 Act is to have effect as if it were included under section 250 (whether or not the condition is of a kind which could otherwise be included under that section).

(6) Where the licence is, on the commencement date, subject to a suspension under section 38(2) of the 1991 Act, the suspension continues to have effect for the period specified by the court despite the repeal of that section.

(7) A licence under section 40A of the 1991 Act is to be treated as if it were a licence under this Chapter, except that in respect of any failure (before or after the commencement date) to comply with the conditions of the licence, the person is liable to be dealt with in accordance with section 40A(4) to (6) (despite the repeal of that section) and is not liable to be dealt with in any other way.

(8) Sub-paragraph (1) does not affect the duration of the licence.

6 (1) Where a person has been recalled under Part 2 of the 1991 Act before the commencement date, the person is to be treated as if the recall had been under section 254.

(2) In particular, the following provisions apply.

(3) If the Secretary of State has not referred the person’s case to the Board under section 39(4) or 44A of the 1991 Act, the Secretary of State must refer the case under section 255C(4).

(4) If the Secretary of State has referred the person’s case to the Board under section 39(4) or 44A of the 1991 Act, that reference is to be treated as if it had been made under section 255C(4).

(5) A determination of a reference under section 39(4) or 44A of the 1991 Act is to be treated as a determination under section 256(1).

(6) If the person is released on licence, the duration of that licence is determined in accordance with section 249 (subject to paragraphs 17, 19 and 26 of Schedule 20B).

7 Rules made by virtue of section 42 of the 1991 Act have effect as if made by virtue of section 257.

8 (1) A person removed from prison under section 46A of the 1991 Act before the commencement date is to be treated as having been removed from prison under section 260.

(2) Section 260 applies as if, in subsection (7)—

(a) the reference to an extended sentence imposed under section 227 or 228 were a reference to an extended sentence imposed under section 85 of the Sentencing Act, and

(b) the reference to the appropriate custodial term determined under section 227 or 228 were a reference to the custodial term determined under section 85.

9 An order made under section 47 of the 1991 Act is to have effect as if it were an order made under section 243.

10 Section 264 applies as if the definition of “custodial period” in subsection (6) included, in relation to an extended sentence imposed under section 85 of the Sentencing Act, one-half of the custodial term determined under that section.”

4 In section 2(4)(b)(i) of the Repatriation of Prisoners Act 1984 (power to provide for prisoner to be treated as having been released) for “section 244 or 246” substitute “Chapter 6 of Part 12”.

5 In Schedule 12 to the Criminal Justice Act 1991, omit paragraphs 8 to 13 (transitional provisions relating to the coming into force of Part 2 of that Act).

6 Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.

7 In paragraph 8 (transfers to Scotland)—

(a) in sub-paragraph (2)(a), after “246 to 264A” insert “, 267A and 267B”;

(b) in sub-paragraph (4)(a), for “and 249 to 264A” substitute “, 249 to 264A, 267A and 267B”.

8 In paragraph 9(2)(a) and (4)(a) (transfers to Northern Ireland), for “and 254 to 264A” substitute “, 254 to 264A, 267A and 267B”.

9 The Extradition Act 2003 is amended as follows.

10 In section 59 (return of person to serve remainder of sentence), in subsection (11)—

(a) omit paragraph (a);

(b) in paragraph (b), for “section 244” substitute “Chapter 6 of Part 12”.

11 In section 132 (return of person to serve remainder of sentence), in subsection (11)—

(a) omit paragraph (a);

(b) in paragraph (b), for “section 244” substitute “Chapter 6 of Part 12”.

12 In section 153B (return of person in pursuance of undertaking), in subsection (10)(a)—

(a) omit sub-paragraph (i);

(b) in sub-paragraph (ii), for “section 244” substitute “Chapter 6 of Part 12”.

13 The Criminal Justice Act 2003 is amended as follows.

14 In section 240A(1)(a) (crediting of periods of remand on bail), omit the words “committed on or after 4th April 2005”.

15 (1) The repeal by section 25 of the Criminal Justice and Immigration Act 2008 of provisions in section 247 of the Criminal Justice Act 2003 comes fully into force.

(2) Accordingly, in paragraph 2 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (Commencement No.2 and Transitional and Savings Provisions) Order 2008 (S.I. 2008/1586), omit “and 25”.

16 Omit section 262 and Schedule 20 (prisoners liable to removal from United Kingdom).

17 Omit section 265(1A) (restriction on consecutive sentences for released prisoners).

18 Omit paragraph 46 of Schedule 10 to the Domestic Violence, Crime and Victims Act 2004.

19 Omit paragraph 33 of Schedule 13 to the Police and Justice Act 2006.

20 In the Criminal Justice and Immigration Act 2008, omit—

(a) sections 20(4)(b), 26 to 28, 32 and 33(1), (3), (5) and (6);

(b) paragraph 29(2) to (5) of Schedule 26;

(c) paragraphs 8 and 9 of Schedule 27.

21 In the Coroners and Justice Act 2009, omit—

(a) section 145;

(b) paragraph 43 of Schedule 22.

22 Article 3 of the Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008 (S.I. 2008/1466) is revoked.”

Insert the following new Schedule—

1 The Criminal Justice Act 2003 is amended as follows.

2 In section 244 (duty to release prisoners on licence), after subsection (3) insert—

“(4) This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).”

3 In section 247 (release on licence of prisoner serving extended sentence), after subsection (7) insert—

“(8) In its application to a person serving a sentence imposed before 14 July 2008, this section is subject to the modifications set out in paragraph 15 of Schedule 20B (transitional cases).”

4 In section 249 (duration of licence), at the end insert—

“(5) This section is subject to paragraphs 17, 19 and 26 of Schedule 20B (transitional cases).”

5 (1) Section 258 (early release of fine defaulters and contemnors) is amended as follows.

(2) After subsection (2) insert—

“(2A) Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases).”

(3) In subsection (3) after “in this section” insert “or in paragraph 35 of Schedule 20B”.

6 In section 260 (early removal of prisoners liable to removal from UK), after subsection (7) insert—

“(8) Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.”

7 In section 263 (concurrent terms), after subsection (4) insert—

“(5) This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases).”

8 In section 264 (consecutive terms), after subsection (7) insert—

“(8) This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).”

9 After section 267A (inserted by Schedule (Amendments of the Criminal Justice Act 2003: transitional and consequential provisions)) insert—

“267B Modification of Chapter 6 in certain transitional cases

Schedule 20B (which modifies this Chapter so as to restate, with minor amendments, the effect of transitional provisions relating to the coming into force of this Chapter) has effect.”

10 After Schedule 20A (inserted by Schedule (Amendments of the Criminal Justice Act 2003: transitional and consequential provisions)) insert—

1 (1) The following provisions apply for the purposes of this Schedule.

(2) “The commencement date” means the date on which section (Simplification of existing transitional provisions) of the Legal Aid, Sentencing and Punishment of Offenders Act 2011 comes into force.

(3) “The 1967 Act” means the Criminal Justice Act 1967.

(4) “The 1991 Act” means the Criminal Justice Act 1991.

(5) A “section 85 extended sentence” means an extended sentence under section 85 of the Sentencing Act and includes (in accordance with paragraph 1(3) of Schedule 11 to that Act) a sentence under section 58 of the Crime and Disorder Act 1998.

(6) In relation to a section 85 extended sentence, “the custodial term” and “the extension period” have the meaning given by that section.

(7) References to section 86 of the Sentencing Act include (in accordance with paragraph 1(3) of Schedule 11 to that Act) section 44 of the 1991 Act as originally enacted.

(8) A “1967 Act sentence” is a sentence imposed before 1 October 1992.

(9) A “1991 Act sentence” is a sentence which is—

(a) imposed on or after 1 October 1992 but before 4 April 2005, or

(b) imposed on or after 4 April 2005 but before the commencement date and is either—

(i) imposed in respect of an offence committed before 4 April 2005, or

(ii) for a term of less than 12 months.

(10) A “2003 Act sentence” is a sentence which is—

(a) imposed on or after the commencement date, or

(b) imposed on or after 4 April 2005 but before the commencement date and is both—

(i) imposed in respect of an offence committed on or after 4 April 2005, and

(ii) for a term of 12 months or more.

(11) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it is to be taken for the purposes of this Schedule to have been committed on the last of those days.

2 The following dates (which are mentioned in this Schedule) are dates on which changes to the law relating to the release and recall of prisoners came into force—

1 October 1992 is the date on which Part 2 of the Criminal Justice Act 1991 came into force;

30 September 1998 is the date on which certain provisions of the Crime and Disorder Act 1998 came into force;

4 April 2005 is the date on which this Chapter came into force;

9 June 2008 is the date on which section 26 of the Criminal Justice and Immigration Act 2008 came into force;

14 July 2008 is the date on which certain other provisions of that Act came into force;

2 August 2010 is the date on which section 145 of the Coroners and Justice Act 2009 came into force.

3 (1) This Part applies to certain persons serving a 1991 Act sentence.

(2) This Part also applies to a person serving a 2003 Act sentence which is—

(a) a section 85 extended sentence, or

(b) an extended sentence imposed under section 227 or 228 before 14 July 2008.

(3) But this Part does not apply to a person who—

(a) has been released on licence under Part 2 of the 1991 Act,

(b) has been recalled to prison, and

(c) (whether or not having returned to custody in consequence of that recall) is unlawfully at large on the commencement date.

4 (1) This paragraph applies to a person in relation to whom—

(a) all the conditions in sub-paragraph (2) are met, and

(b) the condition in any one or more of sub-paragraphs (3) to (5) is met.

(2) The conditions in this sub-paragraph are that—

(a) the person has been convicted of an offence committed before 4 April 2005,

(b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992 but before the commencement date,

(c) the sentence or (in the case of a section 85 extended sentence) the custodial term is for a term of 4 years or more, and

(d) the person has not previously been released from prison on licence in respect of that sentence.

(3) The condition in this sub-paragraph is that the offence (or one of the offences) in respect of which the sentence was imposed is—

(a) an offence specified in Schedule 15 (specified violent offences and specified sexual offences) as it had effect on 4 April 2005,

(b) an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63 of the Terrorism Act 2000,

(c) an offence under any of sections 47, 50 and 113 of the Anti-terrorism, Crime and Security Act 2001,

(d) an offence under section 12 of the Sexual Offences Act 1956,

(e) an offence of aiding, abetting counselling, procuring or inciting the commission of an offence listed in any of paragraphs (b) to (d), or

(f) an offence of conspiring or attempting to commit an offence listed in any of paragraphs (b) to (d).

(4) The condition in this sub-paragraph is that the person has served one-half of the sentence or (in the case of a section 85 extended sentence) of the custodial term before 9 June 2008.

(5) The condition in this sub-paragraph is that—

(a) the person is serving the sentence by virtue of having been transferred to the United Kingdom in pursuance of a warrant under section 1 of the Repatriation of Prisoners Act 1984,

(b) the warrant was issued before 9 June 2008, and

(c) the offence (or one of the offences) for which the person is serving the sentence corresponds to murder or to any offence specified in Schedule 15 as it had effect on 4 April 2005.

5 (1) As soon as a person to whom paragraph 4 applies has served two-thirds of the sentence, it is the duty of the Secretary of State to release the person on licence under this paragraph.

(2) If the person is serving a section 85 extended sentence, the reference in sub-paragraph (1) to two-thirds of the sentence is a reference to two-thirds of the custodial term.

(3) Sub-paragraphs (1) and (2) apply in place of section 244 (release on licence of prisoners serving 12 months or more).

6 (1) After a person to whom paragraph 4 applies has served one-half of the sentence, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph.

(2) The Board must not give a direction under sub-paragraph (1) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.

(3) If the person is serving a section 85 extended sentence, the references in this paragraph to one-half of the sentence are references to one-half of the custodial term.

(4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving 12 months or more).

7 (1) This paragraph applies to a person if—

(a) the person has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,

(b) the person is serving a section 85 extended sentence in respect of that offence,

(c) the person has not previously been released from prison on licence in respect of that sentence, and

(d) paragraph 4 does not apply to the person.

8 (1) As soon as a person to whom paragraph 7 applies has served one-half of the custodial term, it is the duty of the Secretary of State to release the person on licence under this paragraph.

(2) Sub-paragraph (1) applies in place of section 243A or 244, as the case may be (release of prisoners serving less than 12 months, or serving 12 months or more).

9 (1) This paragraph applies to a person if—

(a) the person has been convicted of an offence committed before 30 September 1998,

(b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992,

(c) the sentence is for a term of 12 months or more,

(d) the person has been released on licence under Part 2 of the 1991 Act, and

(e) the person has been recalled before 14 July 2008 (and has not been recalled after that date).

(2) But this paragraph does not apply if the court by which the person was sentenced ordered that section 86 of the Sentencing Act (extension of periods in custody and on licence in the case of certain sexual offences) should apply.

10 As soon as a person to whom paragraph 9 applies would (but for the earlier release) have served three-quarters of the sentence, it is the duty of the Secretary of State to release the person unconditionally.

11 (1) This paragraph applies to a person who—

(a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,

(b) is serving a sentence of imprisonment for a term of 12 months or more imposed in respect of that offence,

(c) has been released on licence under Part 2 of the 1991 Act, and

(d) has been recalled before 14 July 2008 (and has not been recalled after that date).

(2) But this paragraph does not apply if the person has been released and recalled more than once.

(3) Nor does this paragraph apply if the sentence is a section 85 extended sentence (paragraph 13 applying to such a case instead).

12 As soon as a person to whom paragraph 11 applies would (but for the earlier release) have served three-quarters of the sentence, it is the duty of the Secretary of State to release the person on licence.

13 (1) This paragraph applies to a person who—

(a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,

(b) is serving a section 85 extended sentence imposed in respect of that offence,

(c) has been released on licence under Part 2 of the 1991 Act, and

(d) has been recalled before 14 July 2008 (and has not been recalled after that date).

(2) But this paragraph does not apply if the person has been released and recalled more than once.

14 (1) If a person to whom paragraph 13 applies is serving a sentence with a custodial term of less than 12 months, it is the duty of the Secretary of State to release the person on licence as soon as the person would (but for the earlier release) have served the period found by adding—

(a) one-half of the custodial term, and

(b) the extension period.

(2) If a person to whom paragraph 13 applies is serving a sentence with a custodial term of 12 months or more, it is the duty of the Secretary of State to release the person on licence as soon as the person would (but for the earlier release) have served the period found by adding—

(a) three-quarters of the custodial term, and

(b) the extension period.

15 (1) This paragraph applies to a person (“P”) who is serving an extended sentence under imposed section 227 or 228 before 14 July 2008.

(2) Section 247 (release of prisoner on licence) applies to P with the following modifications.

(3) The Secretary of State must not release P under subsection (2) of that section unless the Board has directed P’s release under that subsection.

(4) The Board must not give a direction under sub-paragraph (3) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.

(5) As soon as P has served the appropriate custodial term, the Secretary of State must release P on licence, unless P has previously been recalled under section 254.

16 (1) This paragraph applies to a person to whom paragraph 4 applies.

(2) This paragraph also applies to a person if—

(a) the person has been convicted of an offence committed before 4 April 2005,

(b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992 but before the commencement date,

(c) that sentence is for a term of 12 months or more but less than 4 years, and

(d) the person has not previously been released from prison on licence in respect of that sentence.

(3) This paragraph also applies to a person if—

(a) the person has been convicted of an offence committed before 4 April 2005,

(b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992,

(c) that sentence is for a term of 12 months or more,

(d) the person has been released on licence under Part 2 of the 1991 Act, and

(e) the person has been recalled before 14 July 2008 (and has not been recalled after that date).

(4) But this paragraph does not apply if the person has been released and recalled more than once.

(5) Nor does this paragraph apply if—

(a) the person is serving a section 85 extended sentence, or

(b) the court by which the person was sentenced ordered that section 86 of the Sentencing Act (extension of periods in custody and on licence in the case of certain sexual offences) should apply.

(6) If a person has been—

(a) released under section 34A of the 1991 Act or section 246 (home detention curfew), and

(b) recalled under section 38A(1)(b) of the 1991 Act or section 255(1)(b) (no longer possible to monitor curfew),

the release and recall are to be disregarded for the purposes of this paragraph.

17 (1) Where a person to whom paragraph 16 applies is released on licence under section 244 or paragraph 5 or 6, the licence shall remain in force until the date on which the person would (but for the release) have served three-quarters of the sentence.

(2) Sub-paragraph (1) is subject to any revocation under section 254.

(3) Sub-paragraphs (1) and (2) apply in place of section 249 (duration of licence).

18 This paragraph applies to a person who—

(a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,

(b) is serving a section 85 extended sentence imposed in respect of that offence, and

(c) has not previously been released from prison on licence in respect of that sentence.

19 (1) Where a person to whom paragraph 18 applies is released on licence and the custodial term is less than 12 months, the licence shall remain in force until the end of the period found by adding—

(a) one-half of the custodial term, and

(b) the extension period.

(2) Where a person to whom paragraph 18 applies is released on licence and the custodial term is 12 months or more, the licence shall remain in force until the end of the period found by adding—

(a) three-quarters of the custodial term, and

(b) the extension period.

(3) Sub-paragraphs (1) and (2) are subject to any revocation under section 254.

(4) Sub-paragraphs (1) to (3) apply in place of section 249 (duration of licence).

20 Paragraphs 21 and 22 apply where a person (“P”) is serving two or more sentences of imprisonment imposed on or after 1 October 1992 and—

(a) the sentences were passed on the same occasion, or

(b) where they were passed on different occasions, the person has not been released under Part 2 of the 1991 Act or under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.

21 (1) This paragraph applies if each of the sentences is a 1991 Act sentence.

(2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences.

(3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served, the terms are to be treated as a single term.

(4) If one or more of the sentences is a section 85 extended sentence—

(a) for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and

(b) the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5).

(5) That period is to be increased—

(a) if only one of the sentences is a section 85 extended sentence, by the extension period;

(b) if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods;

(c) if there is more than one such sentence and they are consecutive, by the aggregate of the extension periods.

22 (1) This paragraph applies where two or more sentences are to be served consecutively on each other and—

(a) one or more of those sentences is a 1991 Act sentence, and

(b) one or more of them is a 2003 Act sentence.

(2) Section 264 does not affect the length of the period which P must serve in prison in respect of the 1991 Act sentence or sentences.

(3) Nothing in this Chapter requires the Secretary of State to release P until P has served a period equal in length to the aggregate of the length of the periods which P must serve in relation to each of the sentences mentioned in sub-paragraph (1).

(4) If P is also serving one or more 1967 Act sentences, paragraphs 32 and 33 apply instead of this paragraph.

23 (1) This Part applies to certain persons serving a 1967 Act sentence.

(2) But this Part does not apply to a person who—

(a) has been released on licence,

(b) has been recalled to prison, and

(c) (whether or not having returned to custody in consequence of that recall) is unlawfully at large on the commencement date.

(3) In this Part, references to release under Part 2 of the 1991 Act include release under section 60 of the 1967 Act.

24 (1) This paragraph applies to a person if—

(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,

(b) the sentence is for a term of more than 12 months, and

(c) the person has not previously been released from prison on licence in respect of that sentence.

(2) This paragraph also applies to a person if—

(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,

(b) the sentence is for a term of more than 12 months,

(c) the person has been released on licence under Part 2 of the 1991 Act, and

(d) the person has been recalled before 14 July 2008 (and has not been recalled after that date).

(3) But this paragraph does not apply if, on the passing of the sentence, an extended sentence certificate was issued (see paragraph 27).

(4) If a person has been—

(a) released under section 34A of the 1991 Act or section 246 (home detention curfew), and

(b) recalled under section 38A(1)(b) of the 1991 Act or section 255(1)(b) (no longer possible to monitor curfew),

the release and recall are to be disregarded for the purposes of this paragraph.

25 (1) It is the duty of the Secretary of State to release a person unconditionally under this paragraph—

(a) in the case of a person falling within paragraph 24(1), as soon as the person has served two-thirds of the sentence;

(b) in the case of a person falling within paragraph 24(2), as soon as the person would (but for the earlier release) have served two-thirds of the sentence.

(2) After a person falling within paragraph 24(1) has served one-third of the sentence or six months, whichever is longer, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph.

(3) The Board must not give a direction under sub-paragraph (2) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.

(4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving 12 months or more).

26 (1) Where a person to whom paragraph 24 applies is released on licence under paragraph 25, the licence shall remain in force until the date on which the person would (but for the release) have served two-thirds of the sentence.

(2) Sub-paragraph (1) is subject to any revocation under section 254.

(3) Sub-paragraphs (1) and (2) apply in place of section 249 (duration of licence).

27 (1) This paragraph applies to a person if—

(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,

(b) the sentence is for a term of more than 12 months,

(c) on the passing of the sentence an extended sentence certificate was issued, and

(d) the person has not previously been released from prison on licence in respect of that sentence.

(2) This paragraph also applies to a person if—

(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,

(b) the sentence is for a term of more than 12 months,

(c) on the passing of the sentence an extended sentence certificate was issued,

(d) the person has been released on licence under Part 2 of the 1991 Act, and

(e) the person has been recalled before 14 July 2008 (and has not been recalled after that date).

(3) In this paragraph “extended sentence certificate” means a certificate was issued under section 28 of the Powers of Criminal Courts Act 1973 (punishment of persistent offenders) stating that an extended term of imprisonment was imposed on the person under that section.

28 (1) It is the duty of the Secretary of State to release a person to whom paragraph 27 applies on licence under this paragraph—

(a) in the case of a person falling within paragraph 27(1), as soon as the person has served two-thirds of the sentence;

(b) in the case of a person falling within paragraph 27(2), as soon as the person would (but for the earlier release) have served two-thirds of the sentence.

(2) After a person falling within paragraph 27(1) has served one-third of the sentence or six months, whichever is longer, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph.

(3) The Board must not give a direction under sub-paragraph (2) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.

(4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving twelve months or more).

29 (1) Prison rules made by virtue of section 257 may include provision for applying any provisions of this Chapter, in relation to any person falling within sub-paragraph (2), as if the person had been awarded such number of additional days as may be determined by or under the rules.

(2) A person falls within this sub-paragraph if—

(a) the person was released on licence under section 60 of the 1967 Act before 1 October 1992 and the licence was in force on that date, or

(b) the person was, on that date, serving a custodial sentence,

and (in either case) the person has forfeited any remission of the sentence.

30 Paragraphs 31 to 33 apply where a person (“P”) is serving two or more sentences of imprisonment and—

(a) the sentences were passed on the same occasion, or

(b) where they were passed on different occasions, the person has not been released under Part 2 of the 1991 Act or under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.

31 (1) This paragraph applies where each of the sentences is a 1967 Act sentence.

(2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences.

(3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served, the terms are to be treated as a single term.

32 (1) This paragraph applies where—

(a) one or more of the sentences is a 1967 Act sentence, and

(b) one or more of them is a 1991 Act sentence.

(2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences mentioned in sub-paragraph (1).

(3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served—

(a) the terms mentioned in sub-paragraph (1) are to be treated as a single term, and

(b) that single term is to be treated as if it were a 1967 Act sentence.

(4) If one or more of the sentences is a section 85 extended sentence—

(a) for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and

(b) the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5).

(5) That period is to be increased—

(a) if only one of the sentences is a section 85 extended sentence, by the extension period;

(b) if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods;

(c) if there is more than one such sentence and they are consecutive, by the aggregate of the extension periods.

(6) If P is also serving a 2003 Act sentence, sub-paragraph (3) is to be applied before the period mentioned in section 263(2)(c) (concurrent terms) or paragraph 33(3) (consecutive terms) is calculated.

33 (1) This paragraph applies where two or more sentences are to be served consecutively on each other and—

(a) one or more of those sentences is a 1967 Act sentence, and

(b) one or more of them is a 2003 Act sentence.

(2) Section 264 does not affect the length of the period which P must serve in prison in respect of the 1967 Act sentence or sentences.

(3) Nothing in this Chapter requires the Secretary of State to release P until P has served a period equal in length to the aggregate of the length of the periods which P must serve in relation to each of the sentences mentioned in sub-paragraph (1).

34 (1) This paragraph applies to any licence (a “Parole Board licence”) which falls within sub-paragraph (2) or (3).

(2) A licence falls within this sub-paragraph if—

(a) it is or was granted to a person (“P”) on P’s release (at any time) on the recommendation or direction of the Board, and

(b) P has not been released otherwise than on such a recommendation or direction.

(3) A licence falls within this sub-paragraph if—

(a) it is or was granted to a person (“P”) on P’s release (at any time), and

(b) condition A or condition B is met.

(4) Condition A is that, before 2 August 2010, the Board exercised the function under section 37(5) of the 1991 Act of making recommendations as to any condition to be included or inserted as a condition in a licence granted to P (including by making a recommendation that no condition should be included in such a licence).

(5) Condition B is that, before 2 August 2010—

(a) P was released on licence under section 33(2), (3) or (3A) or 35(1) of the 1991 Act, and

(b) the Board exercised the function under section 37(5) of that Act of—

(i) making recommendations as to the inclusion or insertion of a condition in a licence granted to P (including by making a recommendation that no condition should be included in such a licence), or

(ii) making recommendations as to the variation or cancellation of any such condition (including a recommendation that the condition should not be varied or cancelled).

(6) The Secretary of State must not—

(a) include on release, or subsequently insert, a condition in a Parole Board licence, or

(b) vary or cancel any such condition,

except in accordance with directions of the Board.

35 (1) This paragraph applies to any person if—

(a) the person has been committed to prison or to be detained under section 108 of the Sentencing Act—

(i) in default of payment of a sum adjudged to be paid by a conviction, or

(ii) for contempt of court or any kindred offence,

(b) the person was so committed or detained before 4 April 2005, and

(c) the term for which the person was committed or detained is 12 months or more.

(2) As soon as a person to whom this paragraph applies has served two-thirds of the term, it is the duty of the Secretary of State to release the person unconditionally.

(3) Sub-paragraph (2) applies in place of section 258(2) (early release of fine defaulters and contemnors).

36 (1) This paragraph applies to any person who—

(a) has served one-half of a sentence of imprisonment, and

(b) has not been released on licence under this Chapter.

(2) The reference in sub-paragraph (1)(a) to one-half of a sentence is—

(a) in the case of a section 85 extended sentence, a reference to one-half of the custodial term;

(b) in the case of an extended sentence imposed under section 227 or 228, a reference to one-half of the appropriate custodial term.

37 (1) If a person to whom paragraph 36 applies—

(a) is liable to removal from the United Kingdom, and

(b) has not been removed from prison under section 260 during the period mentioned in subsection (1) of that section,

the Secretary of State may remove the person from prison under that section at any time after the end of that period.

(2) Sub-paragraph (1) applies whether or not the Board has directed the person’s release under paragraph 6, 15, 25 or 28.””

Page 95, line 40, leave out “two-thirds” and insert “half”

Page 96, line 3, leave out “an IPP prisoner or an extended sentence prisoner” and insert “a discretionary release prisoner”

Page 96, line 8, at end insert—

“(1A) “Discretionary release prisoner” means—

(a) an IPP prisoner,

(b) an extended sentence prisoner, or

(c) a person to whom paragraph 4, 15, 24 or 27 of Schedule 20B to the Criminal Justice Act 2003 (determinate sentence prisoners subject to transitional provisions) applies.”

Page 96, line 13, at end insert—

“( ) amend paragraph 6, 15, 25 or 28 of Schedule 20B to the Criminal Justice Act 2003 (release on licence of determinate sentence prisoners subject to transitional provisions),”

Page 96, line 18, leave out “IPP prisoners and extended sentence prisoners” and insert “each of the categories of discretionary release prisoner mentioned in subsection (1A)”

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.”

The above-named Lords give notice of their intention to oppose the Question that Clause 121 stand part of the Bill.

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 admission 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 106, line 12, at end insert—

“(6A) Within three years of the commencement of this section, the Secretary of State must review and report to Parliament on the operation of youth cautions, in particular, the use of appropriate adults in the cautionary processes and whether it should be extended to 18 year olds.

(6B) At any point following a report being made under subsection (6A), the Secretary of State may by order extend the appropriate adult provisions in this section to a person given a youth caution, where that person is under the age of 18.”

Page 109, leave out lines 6 to 19

Page 110, leave out lines 15 to 28

Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 128 stand part of the Bill.

Page 229, line 25, at end insert—

7A (1) Section 51A(12) of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons) is amended as follows.

(2) After paragraph (a) insert—

“(aa) it is an offence under section 1A of the Prevention of Crime Act 1953 (threatening with offensive weapon in public) and it appears to the court that subsection (5) of that section (minimum sentence for person aged 16 or over) would apply if the person were convicted of the offence;”.

(3) Omit “or” at the end of paragraph (b) and after that paragraph insert—

“(ba) it is an offence under 139AA of the Criminal Justice Act 1988 (threatening with article with blade or point or offensive weapon) and it appears to the court that subsection (7) of that section (minimum sentence for person aged 16 or over) would apply if the person were convicted of the offence; or”.”

Page 230, line 8, leave out “1A” and insert “1A(5)”

Page 230, line 10, leave out “139AA” and insert “139AA(7)”

Page 230, line 34, at end insert—

“16A (1) Section 142A(4)(b) (purposes of sentencing: offenders under 18) is amended as follows.

(2) Before sub-paragraph (i) insert—

“(zi) section 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for offence of threatening with offensive weapon in public),”.

(3) After sub-paragraph (i) insert—

“(ia) section 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for offence of threatening with article with blade or point or offensive weapon),”.”

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.”

Page 112, line 15, at end insert—

“( ) In section 17 of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc)—

(a) in subsection (1)(c), after sub-paragraph (v) insert—

“(vi) section 130 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (squatting in a residential building);”;

(b) in subsection (3), for “or (iv)” substitute “, (iv) or (vi)”.

( ) In Schedule 10 to the Criminal Justice and Public Order Act 1994 (consequential amendments), omit paragraph 53(b).”

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

Page 112, line 29, at end insert—

“( ) Paragraph 27 of Schedule 27 to the Criminal Justice and Immigration Act 2008 (which provides for section 76 of that Act to apply whenever the alleged offence took place, but not in relation to certain proceedings if they began, or the arraignment took place, before that section comes into force) applies to any amendment made by this section to section 76 of that Act as it applies to that section, but as if references to the date on which that section comes into force were references to the date on which the amendment comes into force.”

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 7, leave out subsection (6) and insert—

“( ) Subsection (5) applies to section 131 only so far as the provisions amended extend to England and Wales or apply in relation to service offences.”

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

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