Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE

[Supplementary to the Marshalled List]

Schedule 1

LORD THOMAS OF GRESFORD

LORD SHIPLEY

LORD CARLILE OF BERRIEW

LORD PHILLIPS OF SUDBURY

 

Page 131, line 7, at end insert—

“(c) a demolition order under section 82A of the Housing Act 1985 or section 6A of the Housing Act 1988”

 

Page 131, line 7, at end insert—

“(1A) Services provided to an individual under sub-paragraph (1) shall include services in relation to the entitlement of the individual to welfare benefits relating to housing costs.”

 

Page 131, line 16, after “(1)” insert “, (1A)”

 

Page 131, line 17, leave out “paragraph 14” and insert “paragraphs 1 to 6, 8, 12, 14 and 15”

 

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

 

Page 132, leave out line 32 and insert—

“Risk or damage to health or safety in rented home”

 

Page 132, line 34, leave out “serious”

 

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

 

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

 

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

 

Page 132, line 39, at end insert—

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Where such arrangements as are specified in sub-paragraph (1)(c) are made or purport to be made, services shall not be withdrawn on the account only of such arrangements where the individual continues to qualify for services in accordance with sections 10 and 20 of this Act and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

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

 

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

 

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

 

Page 133, line 23, at end insert—

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

 

Page 133, line 43, at end insert—

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

 

Page 133, line 46, at end insert—

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

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

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

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

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

BARONESS MASSEY OF DARWEN

 

Page 136, line 23, at end insert—

“Social welfare law for children and young people

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

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

(b) proceedings relating to debt;

(c) housing law; and

(d) employment.”

 

Page 136, line 34, at end insert—

“Young people with a disability or who lack mental capacity

Civil legal services in relation to advice and proceedings where the applicant or respondent is aged 24 or under and has a disability or lacks mental capacity, including—

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

(b) proceedings relating to debt;

(c) housing law;

(d) proceedings relating to immigration and asylum;

(e) proceedings relating to clinical negligence;

(f) proceedings relating to consumer protection law;

(g) appeals to the Criminal Injuries Compensation Authority;

(h) private family law;

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

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

 

Page 136, line 34, at end insert—

“Care leavers

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

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

(b) arrangements relating to their education;

(c) proceedings relating to debt;

(d) housing law;

(e) proceedings relating to immigration and asylum;

(f) proceedings relating to clinical negligence;

(g) proceedings relating to consumer protection law;

(h) appeals to the Criminal Injuries Compensation Authority;

(i) private family law;

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

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

 

Page 136, line 34, at end insert—

“Social welfare law for children and young people

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

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

(b) proceedings relating to debt; and

(c) housing law.”

After Clause 71

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

 

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.”.”

After Clause 78

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

 

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”.”

After Schedule 10

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

 

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).”.”

 

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”.”

Before Clause 113

LORD LLOYD OF BERWICK

 

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).”

Clause 128

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.

Prepared 22nd December 2011