Legal Aid, Sentencing and Punishment of Offenders Bill

SEVENTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 30th November 2011, as follows—

Clauses 45 to 59
Schedules 7 and 8
Clauses 60 to 64
Schedule 9
Clauses 65 to 82
Schedule 10
Clause 83
Schedule 11
Clauses 84 to 98
Schedule 12
Clauses 99 to 102
Schedule 13
Clause 103
Schedule 14
Clauses 104 to 111
Schedule 15
Clauses 112 to 114
Schedules 16 and 17
Clause 115
Schedule 18
Clause 116
Schedule 19
Clauses 117 to 121
Schedule 20
Clauses 122 to 124
Schedule 21
Clauses 125 to 128
Schedule 22
Clause 129
Schedule 23
Clauses 130 to 137

[Amendments marked * are new or have been altered]

Clause 45

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

141

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

LORD MACKAY OF CLASHFERN

LORD THOMAS OF GRESFORD

LORD BACH

142

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.”

LORD BACH

LORD BEECHAM

143

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

144

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

LORD THOMAS OF GRESFORD

144A

Page 31, line 33, leave out “clinical negligence”

144B

Page 31, line 35, after “has” insert “within the pre-action protocol period, or if there is no applicable protocol, within 60 days of notification of the claim”

144C

Page 31, line 36, leave out from “for” to second “in” on line 37 and insert “his or her own court fees, expert and medical reports”

144D

Page 31, line 38, leave out “(or against that risk or other risks)”

144E

Page 31, leave out lines 40 to 44

LORD BACH

LORD BEECHAM

145

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.”

146

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.”

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

147

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.”

LORD THOMAS OF GRESFORD

147A

Page 32, line 4, at end insert “proportionate to the damages or other relief claimed”

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

148

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

LORD THOMAS OF GRESFORD

148A

Page 32, line 5, leave out from “may” to end of line 8 and insert “specify that, subject to subsection (3)—

(a) in that event that liability is admitted within the pre-action protocol period or, if there is no applicable protocol, within 60 days of notification of the claim, the costs order shall not require the payment of any part of the premium;

(b) in the event that liability is admitted between the expiry of the period referred to in paragraph (a) and prior to the commencement of the action, a costs order may require a payment limited to 40 per cent of the premium;

(c) in the event that liability is admitted between the commencement of the action and the allocation of the case to a litigation track, a costs order may require a payment limited to 60 per cent of the premium; and

(d) in the event of judgment at trial in favour of the party, a costs order may subject to paragraph (e), require a payment limited to 80 per cent of the premium.”

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

149

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.”

LORD THOMAS OF GRESFORD

149A

Page 32, leave out lines 10 to 14

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

150

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;”

LORD BACH

LORD BEECHAM

151

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.”

152

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.”

153

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.”

154

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.”

155

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.”

156

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.”

LORD ALTON OF LIVERPOOL

LORD AVEBURY

LORD WIGLEY

LORD BACH

156A

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.”

LORD BACH

LORD BEECHAM

156AA

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.”

LORD THOMAS OF GRESFORD

156AB

Page 32, line 29, at end insert—

“(4) This section shall not come into force until the regime of one way costs shifting required in section (Qualified one way costs shifting) has come into effect.”

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

 

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

Clause 46

LORD ALTON OF LIVERPOOL

LORD AVEBURY

LORD WIGLEY

LORD BACH

156B

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.”

LORD BACH

LORD BEECHAM

156C

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.

After Clause 46

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

157

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.”

Clause 53

LORD BACH

LORD BEECHAM

158

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

159

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

160

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

161

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.”

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

162

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”

After Clause 53

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

LORD MACDONALD OF RIVER GLAVEN

163

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.”

LORD THOMAS OF GRESFORD

LORD CLEMENT-JONES

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

164

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.”

LORD DUBS

164ZA

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.”

Clause 54

LORD BACH

LORD BEECHAM

164A

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”

164B

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

164C

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

LORD THOMAS OF GRESFORD

LORD CLEMENT-JONES

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

165

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.”

LORD BACH

LORD BEECHAM

LORD ALTON OF LIVERPOOL

166

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.”

LORD PANNICK

166ZA

Page 39, line 24, at end insert—

“( ) A regulated person is not in breach of this section if he or she is a solicitor and the person to whom he has or she referred the prescribed legal business is another solicitor.”

LORD MARTIN OF SPRINGBURN

LORD ELYSTAN-MORGAN

LORD COLLINS OF HIGHBURY

166ZB

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 in money or in kind is a registered trade union.”

LORD HUNT OF WIRRAL

166A

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

166B

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

Clause 55

LORD THOMAS OF GRESFORD

LORD CLEMENT-JONES

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

167

Page 40, line 35, at end insert—

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

168

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

Clause 56

LORD BACH

LORD BEECHAM

169

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

170

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

171

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

After Clause 58

LORD PANNICK

171A

Insert the following new Clause—

“Payments in respect of pro bono representation

In section 194(10) of the Legal Services Act 2007, after ““civil court” means”, add “the Supreme Court,”.”

Clause 59

LORD LUCAS

 

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

172

[Withdrawn]

Clause 61

LORD PONSONBY OF SHULBREDE

172A

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.”

BARONESS QUIN

LORD RAMSBOTHAM

LORD WIGLEY

172B

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

LORD DHOLAKIA

172C

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.”

LORD RIX

LORD RAMSBOTHAM

LORD WIGLEY

173

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”

LORD RAMSBOTHAM

LORD JUDD

BARONESS HOWE OF IDLICOTE

174

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

BARONESS GOULD OF POTTERNEWTON

LORD WIGLEY

LORD JUDD

BARONESS HOWE OF IDLICOTE

175

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.”

176

Page 44, line 40, at end insert—

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

After Clause 61

LORD MCNALLY

176ZZA

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.””

176ZA

[Withdrawn]

BARONESS LINKLATER OF BUTTERSTONE

LORD THOMAS OF GRESFORD

LORD JUDD

LORD RAMSBOTHAM

[In substitution for Amendment 176ZA]

176ZAA

Insert the following new Clause—

“Awareness of sentencing options

The Lord Chancellor must make arrangements to ensure that each Probation Trust provides to all magistrates in the area for which it has responsibility—

(a) information about all programmes and options for which it is responsible, and

(b) opportunities to observe such programmes.”

BARONESS LINKLATER OF BUTTERSTONE

LORD THOMAS OF GRESFORD

LORD JUDD

LORD RAMSBOTHAM

176ZB

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).”

Clause 63

LORD RAMSBOTHAM

176A

Page 47, line 6, at end insert—

“(c) omit sub-paragraph (c)”

176B

Page 47, line 19, at end insert—

“(c) omit sub-paragraph (c)”

Before Clause 66

LORD RIX

LORD RAMSBOTHAM

LORD JUDD

LORD WIGLEY

177

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.”

177ZA

[Withdrawn]

Clause 67

BARONESS LINKLATER OF BUTTERSTONE

LORD RAMSBOTHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 67 stand part of the Bill.

After Clause 71

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

BARONESS JENKIN OF KENNINGTON

LORD AVEBURY

177A

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.”.”

LORD ADEBOWALE

LORD RAMSBOTHAM

177AA

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).”

Clause 73

LORD RAMSBOTHAM

LORD JUDD

BARONESS HOWE OF IDLICOTE

177B

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”.”

LORD RAMSBOTHAM

LORD JUDD

177C

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”.”

177CA

[Withdrawn]

Clause 75

BARONESS LINKLATER OF BUTTERSTONE

LORD RAMSBOTHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 75 stand part of the Bill.

After Clause 78

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

LORD AVEBURY

BARONESS JENKIN OF KENNINGTON

177D

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—

“Alcohol monitoring requirement

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”.”

LORD PONSONBY OF SHULBREDE

LORD JUDD

177DA

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.”

LORD WOOLF

LORD DHOLAKIA

THE LORD BISHOP OF LIVERPOOL

LORD HURD OF WESTWELL

177DAA

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.”

After Clause 81

BARONESS LISTER OF BURTERSETT

LORD THOMAS OF GRESFORD

177DB

Insert the following new Clause—

“Enforcement

(1) Where a magistrates’ court has fined an offender who did not respond to a summons and who was absent from the court when convicted, or has imposed any other financial penalty in the absence of the offender, at any time—

(a) the court may suspend or withdraw a warrant of enforcement given to a bailiff, and

(b) the bailiff may return the case to the court which convicted the offender or such other responsible court within the jurisdiction of 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.”

After Schedule 10

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

BARONESS JENKIN OF KENNINGTON

LORD AVEBURY

177E

Insert the following new Schedule—

“Alcohol monitoring requirement Criminal Justice Act 2003

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—

“Breach of an alcohol monitoring requirement

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—

“Breach of an alcohol monitoring requirement

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—

“An alcohol monitoring requirement Any person specified under section 212A(1).”.”

177F

Insert the following new Schedule—

“Youth rehabilitation order: alcohol monitoring requirement Criminal Justice and Immigration Act 2008

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—

“An alcohol monitoring requirement Any person specified under paragraph 24A(1).”.

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—

“Breach of an alcohol monitoring requirement

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”.”

LORD PONSONBY OF SHULBREDE

LORD JUDD

177G

Insert the following new Schedule—

“Restorative justice requirement: Criminal Justice Act 2003

(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.””

After Clause 83

LORD BACH

LORD BEECHAM

178

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.”.”

Schedule 11

LORD MCNALLY

178ZZZA

Page 193, line 34, after “enactment,”” insert “;

““imprisonable offence” means an offence punishable in the case of an adult with imprisonment,”;

““sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003,”;

““violent offence” means murder or an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003,””

178ZZZB

Page 194, leave out lines 1 and 2 and insert—

“(1) Section 3 (general provisions) is amended as follows.

(2) In subsection (6ZAA), for “person),” substitute “person granted bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b)), section 3AAA (in the case of a child or young person granted bail in connection with extradition proceedings),”.

(3) In subsection (7)—”

178ZZZC

Page 194, line 9, at end insert—

“3A (1) Section 3AA (conditions for the imposition of electronic monitoring requirements: children and young persons) is amended as follows.

(2) In the heading after “young persons” insert “released on bail other than in extradition proceedings”.

(3) In subsection (1) (conditions for the imposition of electronic monitoring conditions: children and young persons) after “young person” insert “released on bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b)”.

3B After section 3AA insert—

“3AAA Conditions for the imposition of electronic monitoring requirements: children and young persons released on bail in extradition proceedings

(1) A court may not impose electronic monitoring requirements on a child or young person released on bail in connection with extradition proceedings unless each of the following conditions is met.

(2) The first condition is that the child or young person has attained the age of twelve years.

(3) The second condition is that—

(a) the conduct constituting the offence to which the extradition proceedings relate, or one or more of those offences, would, if committed in the United Kingdom, constitute a violent or sexual offence or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more, or

(b) the offence or offences to which the extradition proceedings relate, together with any other imprisonable offences of which the child or young person has been convicted in any proceedings—

(i) amount, or

(ii) would, if the child or young person were convicted of that offence or those offences, amount,

to a recent history of committing imprisonable offences while on bail or subject to a custodial remand.

(4) The third condition is that the court is satisfied that the necessary provision for dealing with the child or young person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.

(5) The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of electronic monitoring requirements will be suitable in the case of the child or young person.

(6) The references in subsection (3)(b) to an imprisonable offence include a reference to an offence—

(a) of which the child or young person has been accused or convicted outside the United Kingdom, and

(b) which is equivalent to an offence that is punishable with imprisonment in the United Kingdom.

(7) The reference in subsection (3)(b) to a child or young person being subject to a custodial remand are to the child or young person being—

(a) remanded to local authority accommodation or youth detention accommodation under section 84 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,

(b) remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969, or

(c) subject to a form of custodial detention in a country or territory outside the United Kingdom while awaiting trial or sentence in that country or territory or during a trial in that country or territory.”

178ZZZD

Page 194, line 13, at end insert—

“4A In section 3AC (electronic monitoring: general provisions) in each of subsections (7) and (8) after “3AA” insert “, 3AAA”.”

178ZZA

Page 198, line 4, at end insert—

“Bail (Amendment) Act 1993 (c. 26)

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”.”

178ZZB

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).”

Clause 86

BARONESS QUIN

LORD WIGLEY

178ZA

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

Clause 88

LORD MCNALLY

178ZAZA

Page 67, line 38, leave out from beginning to “of”

178ZAZB

Page 67, line 38, after second “been” insert “accused or”

178ZAZC

Page 68, line 1, after “country” insert “or territory”

178ZAZD

Page 68, line 2, after “country” insert “or territory”

178ZAZE

Page 68, line 3, after “country” insert “or territory”

Clause 91

LORD RAMSBOTHAM

178ZAA

Page 69, line 22, leave out “twelve” and insert “fourteen”

Clause 92

LORD RAMSBOTHAM

178ZAB

Page 70, line 19, leave out “twelve” and insert “fourteen”

LORD MCNALLY

178ZABA

Page 71, line 16, leave out from second “sentence” to end of line 25 and insert “or order mentioned in section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000.”

Clause 93

LORD RAMSBOTHAM

178ZAC

Page 71, line 40, leave out “twelve” and insert “fourteen”

Clause 94

LORD RAMSBOTHAM

178ZAD

Page 72, line 36, leave out “twelve” and insert “fourteen”

Clause 95

LORD MCNALLY

178ZAE

Page 73, line 39, at end insert “, and

(d) accommodation, or accommodation of a description, for the time being specified by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000 (youth detention accommodation for purposes of detention and training order provisions).”

BARONESS QUIN

LORD WIGLEY

178ZB

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

LORD MCNALLY

178ZBA

Page 74, line 20, at end insert—

“(8A) A function of the Secretary of State under this section (other than the function of making regulations) is exercisable by the Youth Justice Board for England and Wales concurrently with the Secretary of State.

(8B) The Secretary of State may by regulations provide that subsection (8A) is not to apply, either generally or in relation to a particular description of case.”

178ZBB

Page 74, line 21, leave out from “means” to end of line 33 and insert “accommodation which is provided in a children’s home, within the meaning of the Care Standards Act 2000—

(a) which provides accommodation for the purposes of restricting liberty, and

(b) in respect of which a person is registered under Part 2 of that Act.

(10) Before the coming into force in relation to England of section 107(2) of the Health and Social Care (Community Health and Standards) Act 2003, subsection (9) has effect as if it defined “secure children’s home” in relation to England as accommodation which—

(a) is provided in a children’s home, within the meaning of the Care Standards Act 2000, in respect of which a person is registered under Part 2 of that Act, and

(b) is approved by the Secretary of State for the purpose of restricting the liberty of children.”

Clause 96

LORD MCNALLY

178ZBC

Page 74, line 37, after “homes” insert “, or accommodation within section 95(2)(d),”

178ZBD

Page 75, line 9, leave out subsections (4) to (6)

178ZBE

Page 75, line 20, at end insert—

“(8) A function of the Secretary of State under this section (other than the function of making regulations) is exercisable by the Youth Justice Board for England and Wales concurrently with the Secretary of State.

(9) The power to make regulations under subsection (2) includes power to make provision about the recovery of costs by the Youth Justice Board for England and Wales.

(10) The Secretary of State may by regulations provide that subsection (8), or provision made by virtue of subsection (9), is not to apply, either generally or in relation to a particular description of case.”

Clause 97

LORD MCNALLY

178ZBF

Page 75, line 28, leave out subsections (3) to (5)

After Clause 98

LORD MCNALLY

178ZBG

Insert the following new Clause—

“Regulations under this Chapter

(1) Regulations under this Chapter are to be made by statutory instrument.

(2) Regulations under this Chapter may—

(a) make different provision for different cases;

(b) include supplementary, incidental, transitional, transitory or saving provision.

(3) A statutory instrument containing regulations under this Chapter is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (4).

(4) A statutory instrument containing regulations under section 95(8B) or 96(10) (whether alone or with any other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Schedule 12

LORD MCNALLY

178ZBH

Page 199, line 12, at end insert—

“(5) In subsection (7), in the definition of “serious offence”, after “means” insert “(subject to subsection (8))”.

(6) After subsection (7) insert—

“(8) For the purposes of the application of this section to a person remanded on bail in connection with proceedings under the Extradition Act 2003—

(a) an offence is a “serious offence” if the conduct constituting the offence would, if committed in the United Kingdom, constitute an offence punishable in the case of an adult with imprisonment for a term of two years or more, and

(b) the reference in subsection (1)(a) to a person being charged with a serious offence includes a reference to the person having been accused of such an offence.””

178ZBJ

Page 200, line 10, leave out “In”

178ZBK

Page 200, line 11, after “seventeen)” insert “is amended as follows.

(2) In subsection (3), at the end insert “or youth detention accommodation”.

(3) ”

178ZBL

Page 200, line 13, after “section” insert “—

(a) ”

178ZBM

Page 200, line 15, at end insert “,

(b) the reference to being remanded to youth detention accommodation is to be construed in accordance with section 95 of that Act, and

(c) those references include a reference to a remand to local authority accommodation under section 23 of the Children and Young Persons Act 1969.”

178ZBN

Page 203, line 19, leave out “133” and insert “133(1)”

Clause 99

LORD MCNALLY

178ZBP

Page 76, line 35, leave out subsection (4)

178ZBQ

Page 76, line 40, after “accommodation” insert “, and related expressions,”

178ZBR

Page 76, line 43, at end insert—

“(8) Subsections (3) and (6) are subject to sections 87(9), 88(10) and 92(11) (references to remand to local authority accommodation or youth detention accommodation to include such a remand under section 23 of the Children and Young Persons Act 1969).”

Clause 100

LORD MCNALLY

178ZC

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

178ZD

Page 78, leave out lines 17 to 20

178ZE

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

178ZF

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

178ZG

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

Clause 101

LORD MCNALLY

178ZH

Page 79, line 28, leave out “, (11)”

Clause 102

LORD MCNALLY

178ZJ

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”.”

178ZK

Page 81, line 4, at end insert—

“( ) section 23 and Schedule 6.”

Schedule 13

LORD MCNALLY

178ZL

Page 205, line 25, at end insert—

“Part 2 Other amendments Criminal Appeal Act 1968 (c. 19)

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”.

Immigration Act 1971 (c. 77)

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”.

Road Traffic Offenders Act 1988 (c. 53)

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”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

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”.

International Criminal Court Act 2001 (c. 17)

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”.”

Clause 103

LORD MCNALLY

178ZM

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

178ZN

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).””

Schedule 14

LORD MCNALLY

178ZP

Page 205, line 27, at end insert—

“Road Traffic Offenders Act 1988 (c. 53)

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”.

Crime (Sentences) Act 1997 (c. 43)

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,”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

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”.

International Criminal Court Act 2001 (c. 17)

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”.”

Clause 104

LORD MCNALLY

178ZQ

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

178ZR

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

178ZS

Page 82, leave out lines 13 and 14

After Clause 108

LORD MCNALLY

178ZT

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.”

Schedule 15

LORD MCNALLY

178ZU

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.”

Clause 112

LORD MCNALLY

 

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

Before Clause 113

LORD MCNALLY

178ZV

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.”

LORD LLOYD OF BERWICK

LORD JUDD

178A

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.””

178B

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).”

After Clause 113

LORD WIGLEY

LORD JUDD

179

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.”

Before Schedule 16

LORD MCNALLY

179A

Insert the following new Schedule—

“SCHEDULE Amendments of the Criminal Justice Act 2003: transitional and consequential provisions Part 1 Transitional provisions

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—

“SCHEDULE 20A Section 267A Application of Chapter 6 of Part 12 to pre-4 April 2005 cases

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.”

Part 2 Consequential amendments Repatriation of Prisoners Act 1984 (c. 47)

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”.

Criminal Justice Act 1991 (c. 53)

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).

Crime (Sentences) Act 1997 (c. 43)

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”.

Extradition Act 2003 (c. 41)

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”.

Criminal Justice Act 2003 (c. 44)

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).

Domestic Violence, Crime and Victims Act 2004 (c. 28)

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

Police and Justice Act 2006 (c. 48)

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

Criminal Justice and Immigration Act 2008 (c. 4)

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.

Coroners and Justice Act 2009 (c. 25)

21 In the Coroners and Justice Act 2009, omit—

(a) section 145;

(b) paragraph 43 of Schedule 22.

Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008 (S.I. 2008/1466)

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.”

179B

Insert the following new Schedule—

“SCHEDULE Criminal Justice Act 2003: restatement of transitional provisions

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—

“SCHEDULE 20B Section 267B Modifications of Chapter 6 of Part 12 in certain transitional cases Part 1 Introductory Interpretation

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.

Explanation of dates

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.

Part 2 Prisoners serving 1991 Act sentences etc

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.

Duty to release on licence at two-thirds of sentence

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).

Duty to release on direction of Parole Board

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).

Release on licence at one-half of sentence: section 85 extended sentence prisoners

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).

Duty to release unconditionally at three-quarters of sentence

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.

Duty to release on licence at three-quarters of sentence

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.

Release on licence: re-release of section 85 extended sentence prisoners

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.

Release of section 227 or 228 extended sentence prisoners: Parole Board direction

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.

Licence to remain in force to three-quarters of sentence

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).

Period for which licence to remain in force: section 85 extended sentence prisoners

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).

Concurrent or consecutive terms

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.

Part 3 Prisoners serving 1967 Act sentences

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.

Sentence of more than 12 months imposed before 1 October 1992

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).

Extended sentence of more than 12 months imposed before 1 October 1992

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).

Additional days

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.

Concurrent or consecutive terms

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).

Part 4 Provisions applying generally Licence conditions

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.

Fine defaulters and contemnors

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).

Early removal of prisoners liable to removal from UK

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.””

Clause 116

LORD DHOLAKIA

179BA

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

Clause 117

LORD MCNALLY

179C

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

179D

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.”

179E

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),”

179F

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)”

LORD RAMSBOTHAM

LORD GOODHART

LORD LLOYD OF BERWICK

LORD JUDD

180

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.”

Clause 118

LORD RIX

LORD RAMSBOTHAM

LORD JUDD

LORD WIGLEY

181

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.”

LORD RIX

LORD RAMSBOTHAM

LORD WIGLEY

182

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.”

After Clause 118

LORD RAMSBOTHAM

182ZA*

Insert the following new Clause—

“Benefits payments to prisoners

(1) Regulations shall provide that a person undergoing imprisonment or detention in legal custody who, at the time that imprisonment or custody commences, is in receipt of any of the qualifying benefits, shall be assessed, during his or her time in imprisonment or custody, for eligibility for those benefits at the time of his or her imprisonment or custody.

(2) For the purposes of this section, the qualifying benefits are—

(a) universal credit;

(b) jobseeker’s allowance;

(c) income support;

(d) personal independence payment, to the extent provided for in regulations made under section 84 (prisoners) of the Welfare reform Act 2012; and

(e) any other benefits provided for in regulations made under this section.

(3) Regulations made under this section shall provide that the assessment required under subsection (1) shall commence as soon as a person is received into imprisonment or custody.

(4) Regulations shall in particular provide that a person appointed by the Secretary of State shall record, at the time a person is received into imprisonment or custody, details of any qualifying benefits which are in payment at that time, together with any personal information needed to establish the person’s identity, including but not limited to their national insurance number.

(5) An assessment of eligibility under subsection (1) shall be completed in such time as to ensure that the person assessed receives payment of any benefits for which he is assessed as being eligible no later than one week after his release from imprisonment or custody.

(6) Regulations under this section shall be made by the Secretary of State and shall be subject to the affirmative resolution procedure.”

Clause 120

LORD MCNALLY

182ZB*

Page 101, line 9, at end insert—

“(2A) The relevant Minister may issue a transit order where—

(a) international arrangements apply to any of the Channel Islands or the Isle of Man which provide for the transfer between that island and a country or territory outside the British Islands of persons to whom subsection (2B) applies; and

(b) the relevant Minister has received a request from the appropriate authority of that island for the transit of a person to whom subsection (2B) applies through a part of Great Britain.

(2B) A person falls within this subsection if—

(a) that person is for the time being required to be detained in a prison, a hospital or any other institution either—

(i) by virtue of an order made in the course of the exercise of its criminal jurisdiction by a court or tribunal in the island from which the transit request is made; or

(ii) by virtue of any provisions of the law of that island which are similar to any of the provisions of this Act; and

(b) except in a case where a transit request is made in the circumstances described in section 6D(1), that person is present in that island.”

182ZC*

Page 101, line 10, after “(2)(a)” insert “or (2B)(a)”

182ZD*

Page 101, line 14, after “(1)(b)” insert “or (2A)(b)”

182ZE*

Page 101, line 23, at end insert “or (2A)(b)”

182ZF*

Page 103, line 25, after “6A(2)(a)” insert “or (2B)(a)”

After Clause 120

BARONESS GOULD OF POTTERNEWTON

BARONESS CORSTON

182A

Insert the following new Clause—

“Women’s Justice Strategy Commission

(1) There shall be body known as the Women’s Justice Strategy Commission for England and Wales (“the Commission”).

(2) The Commission shall consist of no less than 10 and no more than 20 members appointed by the Secretary of State.

(3) The members of the Commission—

(a) shall include persons representative of government departments and public bodies whose responsibilities have relevance to the treatment of female offenders and the prevention of offending by women (including, but not limited to, responsibilities for criminal justice, housing, education, employment, benefits, social services and health services), and

(b) shall work with specialists who have the experience and knowledge to provide the necessary expert advice.

(4) The Commission shall have the following functions, namely—

(a) to develop a strategy to reduce offending by women and for the delivery of appropriate and effective services to women in the criminal justice system,

(b) to monitor the extent to which the aims of that strategy are being met,

(c) to set standards with respect to the specification, commissioning and provision of services to women in the criminal justice system and services to reduce offending by women,

(d) to make grants, with the approval of the Secretary of State, to bodies to enable them to develop good practice in the provision of services to women in the criminal justice system and the prevention of offending by women.

(5) The Commission shall provide an annual report to Parliament relating to its discharge of the functions specified in subsection (4).”

LORD RAMSBOTHAM

182B

Insert the following new Clause—

“Women’s Justice Board

(1) There shall be body corporate known as the Women’s Justice Board for England and Wales (“the Board”).

(2) The Board shall consist of 10, 11 or 12 members appointed by the Secretary of State.

(3) The members of the Board shall include persons who appear to the Secretary of State to have extensive recent experience of the treatment of female offenders and women at risk of offending.

(4) The Board shall have the following functions, namely—

(a) to develop a strategy to reduce offending by women and the delivery of appropriate and effective services to women in the criminal justice system,

(b) to monitor the extent to which the aims of that strategy are being met,

(c) to advise the Secretary of State on the operation of the criminal justice system in relation to women, the provision of services to women in the criminal justice system and the steps which might be taken to prevent offending by women,

(d) to set standards with respect to the specification, commissioning and provision of such services,

(e) to make grants, with the approval of the Secretary of State, to bodies to enable them to develop good practice in the provision of services to women in the criminal justice system and the prevention of offending by women.

(5) The Board shall provide an annual report to Parliament relating to its discharge of the functions specified in subsection (4).”

182C

Insert the following new Clause—

“Treatment of women in the criminal justice system

(1) The Secretary of State shall—

(a) in each year, publish a strategy designed to promote the just and appropriate treatment of women in the criminal justice system, and

(b) appoint a person with responsibility for leading and co-ordinating the implementation of that strategy.

(2) Publication under subsection (1)(a) shall be effected in such manner as the Secretary of State considers appropriate for the purpose of bringing the strategy to the attention of persons engaged in the administration of criminal justice and of the public.”

Clause 121

LORD BACH

LORD BEECHAM

 

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

Clause 122

LORD RIX

LORD RAMSBOTHAM

LORD JUDD

LORD WIGLEY

183

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.””

Clause 124

LORD RIX

LORD RAMSBOTHAM

LORD JUDD

LORD WIGLEY

184

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”

185

Page 105, line 40, at end insert—

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

LORD BACH

LORD BEECHAM

185A

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.”

LORD MCNALLY

185B

Page 107, line 29, after “instrument” insert “(whenever passed or made)”

185C

Page 107, line 36, after “instrument” insert “(whenever passed or made)”

185D

Page 107, line 36, leave out “66ZA” and insert “66ZB”

Schedule 21

LORD MCNALLY

185E

Page 228, line 21, at end insert—

“Terrorism Prevention and Investigation Measures Act 2011 (c. 23)

30 In Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (fingerprints and samples), in paragraph 10(1)(a) (circumstances when an individual is to be treated as having been convicted of an offence)—

(a) at the end of sub-paragraph (ii) insert “or”, and

(b) omit sub-paragraph (iv) and the “or” preceding that sub-paragraph.”

Clause 128

LORD THOMAS OF GRESFORD

LORD DHOLAKIA

BARONESS LINKLATER OF BUTTERSTONE

LORD MACDONALD OF RIVER GLAVEN

186

Page 109, leave out lines 6 to 19

187

Page 110, leave out lines 15 to 28

LORD LLOYD OF BERWICK

 

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

Schedule 22

LORD MCNALLY

187A

Page 229, line 25, at end insert—

“Crime and Disorder Act 1998 (c. 37)

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”.”

187B

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

187C

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

187D

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),”.”

Clause 130

BARONESS MILLER OF CHILTHORNE DOMER

188

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.”

LORD MCNALLY

188A

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).”

LORD THOMAS OF GRESFORD

BARONESS MILLER OF CHILTHORNE DOMER

LORD DHOLAKIA

BARONESS LINKLATER OF BUTTERSTONE

 

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

Clause 131

LORD MCNALLY

188B

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.”

After Clause 131

LORD FAULKNER OF WORCESTER

LORD BRADSHAW

THE LORD BISHOP OF LONDON

BARONESS BROWNING

189

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.””

Clause 134

LORD BACH

LORD BEECHAM

190

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

LORD MARTIN OF SPRINGBURN

191

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

LORD BACH

LORD BEECHAM

192

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.”

193

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.”

194

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

LORD MARTIN OF SPRINGBURN

LORD JUDD

195

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.”

Clause 135

LORD MCNALLY

195A

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.”

196

[Withdrawn]

Clause 137

LORD RAMSBOTHAM

[In substitution for Amendment 196]

196A*

Page 114, line 21, leave out “Punishment” and insert “Rehabilitation”

Long Title

LORD RAMSBOTHAM

BARONESS HOWE OF IDLICOTE

LORD JUDD

LORD FELLOWES

197

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

Prepared 31st January 2012