Legal Aid, Sentencing and Punishment of Offenders Bill

TENTH
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 120 and 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]

After Clause 120

BARONESS GOULD OF POTTERNEWTON

BARONESS CORSTON

BARONESS HAMWEE

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.”

After Clause 127

LORD MCNALLY

185F

Insert the following new Clause—

“CHAPTER 7A Rehabilitation of offenders

Establishment or alteration of rehabilitation periods

(1) The Rehabilitation of Offenders Act 1974 is amended as follows.

(2) In section 5(1)(b) and (d) (sentences excluded from rehabilitation) for “thirty months” substitute “forty eight months”.

(3) In the opening words of section 5(1A) (references to provisions of the Armed Forces Act 2006) for “subsection (1)(d)” substitute “this section”.

(4) For section 5(2) to (11) (rehabilitation periods) substitute—

“(2) For the purposes of this Act and subject to subsections (3) and (4), the rehabilitation period for a sentence is the period—

(a) beginning with the date of the conviction in respect of which the sentence is imposed, and

(b) ending at the time listed in the following Table in relation to that sentence:

Sentence End of rehabilitation period for adult offenders End of rehabilitation period for offenders under 18 at date of conviction
A custodial sentence of more than 30 months and up to, or consisting of, 48 months The end of the period of 7 years beginning with the day on which the sentence (including any licence period) is completed The end of the period of 42 months beginning with the day on which the sentence (including any licence period) is completed
A custodial sentence of more than 6 months and up to, or consisting of, 30 months The end of the period of 48 months beginning with the day on which the sentence (including any licence period) is completed The end of the period of 24 months beginning with the day on which the sentence (including any licence period) is completed
A custodial sentence of 6 months or less The end of the period of 24 months beginning with the day on which the sentence (including any licence period) is completed The end of the period of 18 months beginning with the day on which the sentence (including any licence period) is completed
Removal from Her Majesty’s service The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed
A sentence of service detention The end of the period of 12 months beginning with the day on which the sentence is completed The end of the period of 6 months beginning with the day on which the sentence is completed
A fine The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed
A compensation order The date on which the payment is made in full The date on which the payment is made in full
A community or youth rehabilitation order The end of the period of 12 months beginning with the day provided for by or under the order as the last day on which the order is to have effect The end of the period of 6 months beginning with the day provided for by or under the order as the last day on which the order is to have effect
A relevant order The day provided for by or under the order as the last day on which the order is to have effect The day provided for by or under the order as the last day on which the order is to have effect

(3) Where no provision is made by or under a community or youth rehabilitation order or a relevant order for the last day on which the order is to have effect, the rehabilitation period for the order is to be the period of 24 months beginning with the date of conviction.

(4) There is no rehabilitation period for—

(a) an order discharging a person absolutely for an offence, or

(b) any other sentence in respect of a conviction where the sentence is not dealt with in the Table or under subsection (3),

and, in such cases, references in this Act to any rehabilitation period are to be read as if the period of time were nil.

(5) See also—

(a) section 8AA (protection afforded to spent alternatives to prosecution), and

(b) Schedule 2 (protection for spent cautions).

(6) The Secretary of State may by order amend column 2 or 3 of the Table or the number of months for the time being specified in subsection (3).

(7) For the purposes of this section—

(a) consecutive terms of imprisonment or other custodial sentences are to be treated as a single term,

(b) terms of imprisonment or other custodial sentences which are wholly or partly concurrent (that is terms of imprisonment or other custodial sentences imposed in respect of offences of which a person was convicted in the same proceedings) are to be treated as a single term,

(c) no account is to be taken of any subsequent variation, made by a court dealing with a person in respect of a suspended sentence of imprisonment, of the term originally imposed,

(d) no account is to be taken of any subsequent variation of the day originally provided for by or under an order as the last day on which the order is to have effect,

(e) no account is to be taken of any detention or supervision ordered by a court under section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000,

(f) a sentence imposed by a court outside England and Wales is to be treated as the sentence mentioned in this section to which it most closely corresponds.

(8) In this section—

“community or youth rehabilitation order” means—

(a) a community order under section 177 of the Criminal Justice Act 2003,

(b) a service community order or overseas community order under the Armed Forces Act 2006,

(c) a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or

(d) any order of a kind superseded (whether directly or indirectly) by an order mentioned in paragraph (a), (b) or (c),

“custodial sentence” means—

(a) a sentence of imprisonment,

(b) a sentence of detention in a young offender institution,

(c) a sentence of Borstal training,

(d) a sentence of youth custody,

(e) a sentence of corrective training,

(f) a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 209 of the Armed Forces Act 2006,

(g) a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or an order under section 211 of the Armed Forces Act 2006,

(h) any sentence of a kind superseded (whether directly or indirectly) by a sentence mentioned in paragraph (f) or (g),

“earlier statutory order” means—

(a) an order under section 54 of the Children and Young Persons Act 1933 committing the person convicted to custody in a remand home,

(b) an approved school order under section 57 of that Act, or

(c) any order of a kind superseded (whether directly or indirectly) by an order mentioned in any of paragraphs (c) to (e) of the definition of “relevant order” or in paragraph (a) or (b) above,

“relevant order” means—

(a) an order discharging a person conditionally for an offence,

(b) an order binding a person over to keep the peace or be of good behaviour,

(c) an order under section 1(2A) of the Street Offences Act 1959,

(d) a hospital order under Part 3 of the Mental Health Act 1983 (with or without a restriction order),

(e) a referral order under section 16 of the Powers of Criminal Courts (Sentencing) Act 2000,

(f) an earlier statutory order, or

(g) any order which imposes a disqualification, disability, prohibition or other penalty and is not otherwise dealt with in the Table or under subsection (3),

but does not include a reparation order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000,

“removal from Her Majesty’s service” means a sentence of dismissal with disgrace from Her Majesty’s service, a sentence of dismissal from Her Majesty’s service or a sentence of cashiering or discharge with ignominy,

“sentence of imprisonment” includes a sentence of penal servitude (and “term of imprisonment” is to be read accordingly),

“sentence of service detention” means—

(a) a sentence of service detention (within the meaning given by section 374 of the Armed Forces Act 2006), or a sentence of detention corresponding to such a sentence, in respect of a conviction in service disciplinary proceedings, or

(b) any sentence of a kind superseded (whether directly or indirectly) by a sentence mentioned in paragraph (a).”

(5) In section 6 (subsequent convictions to extend the rehabilitation period applicable to a conviction)—

(a) in subsection (5) (exception to rule for certain orders imposing disqualifications etc.) for “in accordance with section 5(8) above” substitute “by virtue of paragraph (g) of the definition of “relevant order” in section 5(8) above”, and

(b) omit subsection (6) (other exceptions to the rule).

(6) After section 8A (protection afforded to spent cautions) insert—

“8AA Protection afforded to spent alternatives to prosecution

(1) The following provisions of this Act apply, with the modifications specified in subsection (3), to a spent alternative to prosecution as they apply to a spent caution—

(a) section 9A (unauthorised disclosure of spent cautions), and

(b) paragraphs 2 to 6 of Schedule 2 (protection relating to spent cautions and ancillary circumstances).

(2) An alternative to prosecution becomes spent for the purposes of this Act when it becomes spent under the law of Scotland.

(3) The modifications mentioned in subsection (1) are—

(a) references to cautions are to be read as references to alternatives to prosecution (and references to cautioned are to be read accordingly),

(b) references to the offence which was the subject of the caution are to be read as references to the offence in respect of which the alternative to prosecution was given,

(c) paragraphs (e) and (f) of paragraph 2(1) of Schedule 2 are to be read as if they were—

“(e) anything done or undergone in pursuance of the terms of the alternative to prosecution,”,

(d) references to cautions for an offence are to be read as references to alternatives to prosecution in respect of an offence, and

(e) the reference in paragraph 5 of Schedule 2 to the rehabilitation period applicable to the caution is to be read as a reference to the time at which the alternative to prosecution becomes spent.

(4) In this section “alternative to prosecution” has the same meaning as in section 8B as that section has effect in the law of Scotland but disregarding subsection (1)(f) of that section.”

(7) In paragraph 1 of Schedule 2 (protection for spent cautions)—

(a) in sub-paragraph (1)(a) (when conditional cautions to be regarded as spent cautions) for “, at the end of the relevant period for the caution;” substitute “—

(i) at the end of the period of three months from the date on which the caution is given, or

(ii) if earlier, when the caution ceases to have effect; and”, and

(b) omit sub-paragraphs (2) and (3) (meaning of “the relevant period for the caution”).”

[Amendments 185FA to 185FD are amendments to Amendment 185F]

LORD DHOLAKIA

185FA

Line 7, leave out “forty-eight months” and insert “10 years”

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD DHOLAKIA

185FAA

Line 7, at end insert—

“(2A) Subject to subsection (3), where an individual has committed a criminal offence and where on the date of conviction, that individual was under 18, upon that individual reaching the age of 18 they will become a rehabilitated person in respect of that conviction and the conviction a spent conviction for those purposes.

(2B) For the purposes of this section, the terms “rehabilitated person” and “spent conviction” have the meaning given to them by section 4 of the Rehabilitation of Offenders Act 1974.

(2C) Subsection (2A) does not apply where—

(a) convictions are excluded from rehabilitation by section 5(1) of the Rehabilitation of Offenders Act 1974; or

(b) the young person is still serving his or her sentence (including any licence period) on his or her 18th birthday.

(2D) Where the foregoing conditions are satisfied, this section shall apply whether the individual was convicted before or after the commencement of this Act.

(2E) In circumstances where this section applies, section 1 of the Rehabilitation of Offenders Act 1974 shall not apply.”

LORD DHOLAKIA

185FB

Line 19, at end insert—

“A custodial sentence of more than 48 months and up to, or consisting of, 10 years The end of the period of 7 years beginning with the day on which the sentence (including any licence period) is completed The end period of 42 months beginning with the date on which the sentence (including any licence period) is completed”

185FC

Line 20, column 2, leave out “7” and insert “4”

185FD

Line 20, column 3, leave out “42” and insert “24”

LORD MCNALLY

185G

Insert the following new Clause—

“No rehabilitation for certain immigration or nationality purposes

Before section 57 of the UK Borders Act 2007 (and after the italic cross-heading before that section) insert—

“56A No rehabilitation for certain immigration or nationality purposes

(1) Section 4(1), (2) and (3) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) do not apply—

(a) in relation to any proceedings in respect of a relevant immigration decision or a relevant nationality decision, or

(b) otherwise for the purposes of, or in connection with, any such decision.

(2) In this section—

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971,

“relevant immigration decision” means any decision, or proposed decision, of the Secretary of State or an immigration officer under or by virtue of the Immigration Acts, or rules made under section 3 of the Immigration Act 1971 (immigration rules), in relation to the entitlement of a person to enter or remain in the United Kingdom (including, in particular, the removal of a person from the United Kingdom, whether by deportation or otherwise),

“relevant nationality decision” means any decision, or proposed decision, of the Secretary of State under or by virtue of—

(a) the British Nationality Act 1981,

(b) the British Nationality (Hong Kong) Act 1990, or

(c) the Hong Kong (War Wives and Widows) Act 1996,

in relation to the good character of a person.

(3) The references in subsection (2) to the Immigration Acts and to the Acts listed in the definition of “relevant nationality decision” include references to any provision made under section 2(2) of the European Communities Act 1972, or of EU law, which relates to the subject matter of the Act concerned.””

185H

Insert the following new Clause—

“Transitional and consequential provision: Chapter 7A

(1) Section (Establishment or alteration of rehabilitation periods) applies in relation to convictions or (as the case may be) cautions before the commencement date (as well as in relation to convictions or cautions on or after that date).

(2) The Rehabilitation of Offenders Act 1974 applies in relation to convictions or cautions before the commencement date as if the amendments and repeals made by section (Establishment or alteration of rehabilitation periods) had always had effect.

(3) Where by virtue of subsection (2)—

(a) a person would, before the commencement date, have been treated for the purposes of the Act of 1974 as a rehabilitated person in respect of a conviction, or

(b) a conviction would, before that date, have been treated for the purposes of that Act as spent,

the person or conviction concerned is (subject to any order made by virtue of section 4(4) or 7(4)) to be so treated on and after that date.

(4) Where by virtue of subsection (2)—

(a) a person would, before the commencement date, have been treated as mentioned in paragraph 3(1) of Schedule 2 to the Act of 1974 in respect of a caution, or

(b) a caution would, before that date, have been treated for the purposes of that Act as spent,

the person or caution concerned is (subject to any order made by virtue of paragraph 4 or 6(1) and (4) of that Schedule to that Act) to be so treated on and after that date.

(5) But—

(a) no person who, immediately before the commencement date—

(i) is treated as a rehabilitated person for the purposes of the Act of 1974 in respect of a conviction, or

(ii) is treated as mentioned in paragraph 3(1) of Schedule 2 to that Act in respect of a caution, and

(b) no conviction or caution which, immediately before the commencement date, is treated for the purposes of that Act as spent,

is to cease to be so treated merely because of section (Establishment or alteration of rehabilitation periods).

(6) Section (Establishment or alteration of rehabilitation periods) does not apply in relation to alternatives to prosecution given before the commencement date.

(7) Section (No rehabilitation for certain immigration or nationality purposes) applies in relation to convictions before the commencement date (as well as in relation to convictions on or after that date).

(8) Section (No rehabilitation for certain immigration or nationality purposes) applies as mentioned in subsection (7) above whether or not, immediately before the commencement date—

(a) the person concerned is treated as a rehabilitated person for the purposes of the Act of 1974 in respect of the conviction, or

(b) the conviction is treated for the purposes of that Act as spent.

(9) But section (No rehabilitation for certain immigration or nationality purposes) does not affect—

(a) any proceedings begun, but not completed, before the commencement date,

(b) any applications for immigration or nationality decisions made, but not finally determined, before the commencement date, or

(c) the validity of any proceedings, or any relevant immigration or nationality decision (within the meaning of section 56A of the UK Borders Act 2007) which is made, before the commencement date.

(10) Schedule (Rehabilitation of offenders: consequential provision) (consequential provision) has effect.

(11) Any reference in this section to section (Establishment or alteration of rehabilitation periods) is to be read as including a reference to Schedule (Rehabilitation of offenders: consequential provision).

(12) In this section “the commencement date” means such day as may be specified by order of the Secretary of State made by statutory instrument; and different days may be specified for different purposes.”

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.

Before Schedule 22

LORD MCNALLY

187ZA

Insert the following new Schedule—

“Rehabilitation of Offenders: consequential provision Part 1 Rehabilitation of Offenders: general Rehabilitation of Offenders Act 1974: England and Wales

1 The Rehabilitation of Offenders Act 1974 is amended as follows.

2 In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “England and Wales”.

3 In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “England and Wales”.

4 Omit section 3 (special provision with respect to certain disposals by children’s hearings under the Social Work (Scotland) Act 1968).

5 In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “England and Wales”.

6 (1) Section 7 (limitations on rehabilitation under the Act) is amended as follows.

(2) In subsection (2)(a) for “Great Britain” substitute “England and Wales”.

(3) In subsection (3) for “Great Britain” substitute “England and Wales”.

7 Omit section 8(8) (defamation actions: application of section to Scotland).

8 In section 8A(2)(d) (definition of “caution”) after “Wales” insert “and which is not an alternative to prosecution (within the meaning of section 8AA)”.

9 (1) Section 9 (unauthorised disclosure of spent convictions) is amended as follows.

(2) In subsection (3) omit “(or, in Scotland, the accused person)”.

(3) In subsection (8) omit “, in England and Wales,”.

10 After section 10(1) (orders) insert—

“(1A) Any power of the Secretary of State to make an order under any provision of this Act includes power—

(a) to make different provision for different purposes, and

(b) to make incidental, consequential, supplementary, transitional, transitory or saving provision.

(1B) The power of the Secretary of State to make an order under section 5(6) includes power to make consequential provision which amends or repeals any provision of this Act or any other enactment.”

11 Omit Schedule 1 (service disciplinary convictions referred to in section 6(6)(bb) of that Act).

Rehabilitation of Offenders Act 1974: Scotland

12 The Rehabilitation of Offenders Act 1974 is amended as follows.

13 In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “Scotland”.

14 In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “Scotland”.

15 In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “Scotland”.

16 (1) Section 7 (limitations on rehabilitation under the Act) is amended as follows.

(2) In subsection (2)(a) for “Great Britain” substitute “Scotland”.

(3) In subsection (3) for “Great Britain” substitute “Scotland”.

17 (1) Section 9 (unauthorised disclosure of spent convictions) is amended as follows.

(2) In subsection (3) for “defendant (or, in Scotland, the accused person)” substitute “accused person”.

(3) Omit subsection (8).

Part 2 Rehabilitation of Offenders: consequential repeals
Short title Extent of repeal
Armed Forces Act 1976 In Schedule 9, paragraph 21.
Criminal Law Act 1977 In section 63(2), the words “Rehabilitation of Offenders Act 1974;”.
In Schedule 12, the entry relating to the Rehabilitation of Offenders Act 1974.
Magistrates’ Courts Act 1980 In Schedule 7, paragraph 134.
Armed Forces Act 1981 In Schedule 4, paragraph 2(2).
Criminal Justice Act 1982 In Schedule 14, paragraph 37.
Mental Health (Amendment) Act 1982 In Schedule 3, paragraph 49.
Mental Health Act 1983 In Schedule 4, paragraph 39.
Criminal Justice Act 1988 In Schedule 8, paragraph 9(b).
Children Act 1989 In Schedule 14, paragraph 36(7).
Criminal Justice Act 1991 In section 68, paragraph (c) (but not the word “and” at the end of the paragraph).
In Schedule 8, paragraph 5.
In Schedule 12, paragraph 22(2).
Criminal Justice and Public Order Act 1994 In Schedule 9, paragraph 11.
In Schedule 10, paragraph 30.
Armed Forces Act 1996 Section 13(3) and (4).
Schedule 4.
Crime and Disorder Act 1998 In Schedule 8, paragraph 35.
Youth Justice and Criminal Evidence Act 1999 In Schedule 4, paragraph 6.
Powers of Criminal Courts (Sentencing) Act 2000 In Schedule 9, paragraph 48(3) to (10).
In Schedule 11, paragraph 13.
Criminal Justice and Court Services Act 2000 In Schedule 7, paragraph 49.
Criminal Justice Act 2003 In Part 1 of Schedule 32, paragraph 18(3).
Armed Forces Act 2006 In Schedule 16, paragraphs 65(4) to (8) and 66.
Criminal Justice and Immigration Act 2008 In Part 1 of Schedule 4, paragraph 21.
In Schedule 10, paragraphs 2 and 5.
Policing and Crime Act 2009 Section 18(2).”

Schedule 22

187A

[Withdrawn]

LORD MCNALLY

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

195ZA

Page 114, line 3, after “59(2)),” insert—

“( ) sections (No rehabilitation for certain immigration or nationality purposes) and (Transitional and consequential provision: Chapter 7A),”

195ZB

Page 114, line 6, at end insert “, subject to subsections (5A) and (6).

(5A) In Chapter 7A of Part 3—

(a) section (Establishment or alteration of rehabilitation periods) extends to England and Wales only,

(b) paragraphs 1 to 11 of Schedule (Rehabilitation of offenders: consequential provision) extend to England and Wales only,

(c) paragraphs 12 to 17 of that Schedule extend to Scotland only, and

(d) Part 2 of that Schedule extends to England and Wales only.”

195A

Page 114, line 7, leave out subsection (6) and insert—

“(6) 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

BARONESS HOWE OF IDLICOTE

[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”

LORD MCNALLY

198

Line 9, after “cautions;” insert “to make provision about the rehabilitation of offenders;”

Prepared 14th February 2012