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Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 109)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Ministry of Justice, are published
separately as HL Bill 109—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord McNally has made the following statement under section 19(1)(a) of the Human
Rights Act 1998:

In my view the provisions of the Legal Aid, Sentencing and Punishment of Offenders
Bill are compatible with the Convention rights.

Contents

  1. Part 1

    Legal aid

    1. Provision of legal aid

      1. 1. Lord Chancellor’s functions

      2. 2. Arrangements

      3. 3. Standards of service

      4. 4. Director of Legal Aid Casework

      5. 5. Delegation

      6. 6. Authorisations

    2. Civil legal aid

      1. 7. Civil legal services

      2. 8. General cases

      3. 9. Exceptional cases

      4. 10. Qualifying for civil legal aid

      5. 11. Determinations

    3. Criminal legal aid

      1. 12. Advice and assistance for individuals in custody

      2. 13. Criminal proceedings

      3. 14. Advice and assistance for criminal proceedings

      4. 15. Representation for criminal proceedings

      5. 16. Qualifying for representation

      6. 17. Determinations by Director

      7. 18. Determinations by court

      8. 19. Provisional determinations

    4. Financial resources

      1. 20. Financial resources

      2. 21. Information about financial resources

    5. Contributions and costs

      1. 22. Payment for services

      2. 23. Enforcement

      3. 24. Charges on property in connection with civil legal services

      4. 25. Costs in civil proceedings

    6. Providers of services etc

      1. 26. Choice of provider of services etc

      2. 27. Position of providers of services

      3. 28. Code of conduct

      4. 29. Position of other parties, courts and tribunals

    7. Supplementary

      1. 30. Legal aid for legal persons

      2. 31. Foreign law

      3. 32. Restriction on disclosure of information about financial resources

      4. 33. Restriction on disclosure of other information

      5. 34. Exceptions from restriction under section 33

      6. 35. Misrepresentation

      7. 36. Status of Director and Lord Chancellor

      8. 37. Abolition of Legal Services Commission

      9. 38. Consequential amendments

      10. 39. Northern Ireland: information about financial resources

      11. 40. Orders, regulations and directions

      12. 41. Interpretation

      13. 42. Crown application

  2. Part 2

    Litigation funding and costs

    1. Payments for legal services in civil cases

      1. 43. Conditional fee agreements: success fees

      2. 44. Damages-based agreements

      3. 45. Recovery of insurance premiums by way of costs

      4. 46. Recovery where body undertakes to meet costs liabilities

      5. 47. Divorce etc proceedings: orders for payment in respect of legal services

      6. 48. Divorce etc proceedings: matters to be considered by court making legal
        services order

      7. 49. Divorce etc proceedings: orders for sale of property

      8. 50. Dissolution etc proceedings: orders for payment in respect of legal services

      9. 51. Dissolution etc proceedings: matters to be considered by court making legal
        services order

      10. 52. Dissolution etc proceedings: orders for sale of property

    2. Offers to settle

      1. 53. Payment of additional amount to successful claimant

    3. Referral fees

      1. 54. Rules against referral fees

      2. 55. Effect of the rules against referral fees

      3. 56. Regulation by the FSA

      4. 57. Regulators and regulated persons

      5. 58. Referral fees: regulations

    4. Costs in criminal cases

      1. 59. Costs in criminal cases

  3. Part 3

    Sentencing and Punishment of Offenders

    1. Chapter 1

      Sentencing

      1. General

        1. 60. Court’s duty to consider compensation order

        2. 61. Duty to give reasons for and to explain effect of sentence

      2. Community orders

        1. 62. Duration of community order

        2. 63. Breach of community order

      3. Suspended sentence orders

        1. 64. Changes to powers to make suspended sentence order

        2. 65. Fine for breach of suspended sentence order

      4. Requirements under community orders and suspended sentence orders

        1. 66. Programme requirement

        2. 67. Curfew requirement

        3. 68. Foreign travel prohibition requirement

        4. 69. Mental health treatment requirement

        5. 70. Drug rehabilitation requirement

        6. 71. Alcohol treatment requirement

      5. Overseas community orders and service community orders

        1. 72. Overseas community orders and service community orders

      6. Youth sentences

        1. 73. Referral orders for young offenders

        2. 74. Breach of detention and training order

        3. 75. Youth rehabilitation order: curfew requirement

        4. 76. Youth rehabilitation order: mental health treatment requirement

        5. 77. Youth rehabilitation order: duration

        6. 78. Youth rehabilitation order: fine for breach

      7. Fines

        1. 79. Removal of limit on certain fines on conviction by magistrates’ court

        2. 80. Power to increase certain other fines on conviction by magistrates’ court

        3. 81. Power to amend standard scale of fines for summary offences

      8. Repeal of uncommenced provisions

        1. 82. Custody plus orders and intermittent custody orders

    2. Chapter 2

      Bail

      1. 83. Amendment of bail enactments

    3. Chapter 3

      Remands of children otherwise than on bail

      1. Remands

        1. 84. Remands of children otherwise than on bail

      2. Remands to local authority accommodation

        1. 85. Remands to local authority accommodation

        2. 86. Conditions etc on remands to local authority accommodation

        3. 87. Requirements for electronic monitoring

        4. 88. Requirements for electronic monitoring: extradition cases

        5. 89. Further provisions about electronic monitoring

        6. 90. Liability to arrest for breaking conditions of remand

      3. Remands to youth detention accommodation

        1. 91. First set of conditions for a remand to youth detention accommodation

        2. 92. Second set of conditions for a remand to youth detention accommodation

        3. 93. First set of conditions for a remand to youth detention accommodation:
          extradition cases

        4. 94. Second set of conditions for a remand to youth detention accommodation:
          extradition cases

        5. 95. Remands to youth detention accommodation

      4. Supplementary

        1. 96. Arrangements for remands

        2. 97. Looked after child status

        3. 98. Minor and consequential amendments

        4. 99. Interpretation of Chapter

    4. Chapter 4

      Release on licence etc

      1. Calculation of days to be served

        1. 100. Crediting of periods of remand in custody

        2. 101. Crediting of periods of remand on bail

        3. 102. Amendments consequential on sections 100 and 101

      2. Release

        1. 103. Prisoners serving less than 12 months

        2. 104. Restrictions on early release subject to curfew

      3. Further release after recall

        1. 105. Cancellation of revocation of licence

        2. 106. Further release after recall

      4. Other provisions about release

        1. 107. Supervision of young offenders after release

        2. 108. Miscellaneous amendments relating to release and recall

        3. 109. Repeal of uncommenced provisions

      5. Life sentence prisoners

        1. 110. Removal of prisoners from the United Kingdom

      6. Application and transitional provision

        1. 111. Application and transitional etc provision

      7. Restatement of earlier enactments and transitional provisions

        1. 112. Power to restate earlier enactments and existing transitional provisions

    5. Chapter 5

      Dangerous offenders

      1. 113. Abolition of certain sentences for dangerous offenders

      2. 114. Life sentence for second listed offence

      3. 115. New extended sentences

      4. 116. New extended sentences: release on licence etc

      5. 117. Power to change test for release on licence of certain prisoners

    6. Chapter 6

      Prisoners etc

      1. 118. Employment in prisons: deductions etc from payments to prisoners

      2. 119. Transfer of prisoners: prosecution of other offences

      3. 120. Transit of prisoners

    7. Chapter 7

      Out of court disposals

      1. Penalty notices

        1. 121. Penalty notices for disorderly behaviour

      2. Cautions

        1. 122. Conditional cautions: involvement of prosecutors

        2. 123. Conditional cautions: removal etc of certain foreign offenders

      3. Youth cautions

        1. 124. Youth cautions

        2. 125. Youth conditional cautions: previous convictions

        3. 126. Youth conditional cautions: references to youth offending teams

        4. 127. Youth conditional cautions: involvement of prosecutors

    8. Chapter 8

      Offences

      1. 128. Offences of threatening with article with blade or point or offensive weapon
        in public or on school premises

      2. 129. Causing serious injury by dangerous driving

      3. 130. Offence of squatting in a residential building

      4. 131. Reasonable force for the purposes of self-defence etc

  4. Part 4

    Final provisions

    1. 132. Power to make consequential and supplementary provision etc

    2. 133. Financial provision

    3. 134. Commencement

    4. 135. Extent

    5. 136. Channel Islands, Isle of Man and British overseas territories

    6. 137. Short title

    1. Schedule 1

      Civil legal services

      1. Part 1

        Services

      2. Part 2

        Excluded services

      3. Part 3

        Advocacy: exclusion and exceptions

      4. Part 4

        Interpretation

    2. Schedule 2

      Criminal legal aid: motor vehicle orders

    3. Schedule 3

      Legal aid for legal persons

    4. Schedule 4

      Transfer of employees and property etc of Legal Services
      Commission

      1. Part 1

        Transfer of employees etc

      2. Part 2

        Transfer of property etc

      3. Part 3

        Supplementary

    5. Schedule 5

      Legal aid: consequential amendments

      1. Part 1

        Amendments

      2. Part 2

        Repeals consequential on Part 1 of this Schedule

    6. Schedule 6

      Northern Ireland: information about financial resources

    7. Schedule 7

      Costs in criminal cases

      1. Part 1

        Prosecution of Offences Act 1985

      2. Part 2

        Attorney General’s references

      3. Part 3

        Extradition Act 2003

      4. Part 4

        Savings

    8. Schedule 8

      Costs in criminal cases: service courts

      1. Part 1

        Appeals from Court Martial

      2. Part 2

        Appeals from Court Martial Appeal Court

      3. Part 3

        Savings

    9. Schedule 9

      Changes to powers to make suspended sentence orders:
      consequential and transitory provision

      1. Part 1

        Consequential amendments

      2. Part 2

        Transitory provision

    10. Schedule 10

      Repeal of sections 181 to 188 of the Criminal Justice Act 2003:
      consequential amendments

    11. Schedule 11

      Amendment of enactments relating to bail

    12. Schedule 12

      Remands of children otherwise than on bail: minor and
      consequential amendments

    13. Schedule 13

      Crediting of time in custody: Armed Forces amendments

    14. Schedule 14

      Prisoners serving less than 12 months: consequential
      amendments

    15. Schedule 15

      Application of sections 100 to 110 and transitional and
      transitory provisions

    16. Schedule 16

      Life sentence for second listed offence etc: new Schedule 15B
      to Criminal Justice Act 2003

    17. Schedule 17

      Life sentence for second listed offence: consequential and
      transitory provision

      1. Part 1

        Consequential provision

      2. Part 2

        Transitory provision

    18. Schedule 18

      New extended sentences: consequential and transitory
      provision

      1. Part 1

        Consequential provision

      2. Part 2

        Transitory provision

    19. Schedule 19

      Release of new extended sentence prisoners: consequential
      provision

    20. Schedule 20

      Penalty notices for disorderly behaviour

    21. Schedule 21

      Youth cautions: consequential amendments

    22. Schedule 22

      Knives and offensive weapons: minor and consequential
      amendments

    23. Schedule 23

      Causing serious injury by dangerous driving: minor and
      consequential amendments

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