Legal Aid, Sentencing and Punishment of Offenders Bill

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.”

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,””

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)—”

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.”

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”.”

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

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

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

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

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

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.”

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).”

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.”

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.”

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

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

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.”

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

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.”

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.””

Page 200, line 10, leave out “In”

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

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

(3) ”

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

(a) ”

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.”

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

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

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

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).”

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

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

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

Page 228, line 21, at end insert—

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.”