Legal Aid, Sentencing and Punishment of Offenders Bill

Page 117, line 7, at end insert—

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

(2) In this paragraph—

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

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

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

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

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

Page 140, line 12, at end insert—

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

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

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

Page 140, line 41, at end insert—

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

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

Page 141, line 3, at end insert—

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

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

Insert the following new Clause—

“Awareness of sentencing options

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

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

Insert the following new Clause—

“Short prison sentences

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

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

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