Legal Aid, Sentencing and Punishment of Offenders Bill

[Supplementary to the Fourth Marshalled List]

Clause 12




Page 8, line 25, leave out from “premises” to end of line 23 on page 9

After Clause 53



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 61



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.”

Clause 116



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

After Clause 120





Insert the following new Clause—

“The Women’s Justice Board

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

(2) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

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

(4) The members of the Board shall—

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

(5) The Board 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.

(6) The Board shall make an annual report to the Secretary of State on its performance of the functions in subsection (5).

(7) Within 28 days of receipt of the report under subsection (6), the Secretary of State shall lay a copy of the report before Parliament, and make a statement on its contents and the Secretary of State’s response to it.”

Clause 121




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

Clause 124




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.”

Prepared 20th January 2012