Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENTS
TO BE MOVED
ON REPORT

Clause 1

LORD PANNICK

LORD WOOLF

LORD FAULKS

LORD HART OF CHILTON

 

Page 1, line 5, leave out from “secure” to end of line 6 and insert “(within the resources made available and in accordance with this Part) that individuals have access to legal services that effectively meet their needs”

BARONESS SCOTLAND OF ASTHAL

BARONESS BUTLER-SLOSS

LORD BLAIR OF BOUGHTON

THE LORD BISHOP OF LEICESTER

 

Page 1, line 6, at end insert—

“( ) In exercising the duty under subsection (1), the Lord Chancellor must ensure that victims of domestic violence are able to access civil legal services in accordance with the financial eligibility criteria in section 20 (financial resources).”

Clause 4

LORD PANNICK

LORD WOOLF

LORD FAULKS

LORD HART OF CHILTON

 

Page 3, line 31, at end insert—

“( ) The Lord Chancellor must ensure that the terms on which the designated person holds the post of Director are, as regards the making and termination of the designation and otherwise, such as to ensure the Director’s independence from Ministers of the Crown (subject to any direction or guidance given under subsection (3)) in relation to the carrying out of the Director’s functions under this Part.”

 

Page 3, line 31, at end insert—

“( ) In this section “Minister of the Crown” has the meaning given by the Ministers of the Crown Act 1975.”

After Clause 6

LORD BACH

LORD RAMSBOTHAM

BARONESS PRASHAR

LORD PANNICK

 

Insert the following new Clause—

“Pre-commencement impact assessment

(1) The Lord Chancellor must commission an independent review to assess and report on the following areas—

(a) the expected costs and impacts of Part 1 on—

(i) children and young people;

(ii) people with disabilities, including people with learning, physical, mental and psychological disabilities;

(iii) women;

(iv) victims of domestic violence;

(v) black and ethnic minorities;

(vi) government departments;

(vii) courts and tribunals, including any changes in time and resources;

(viii) local authorities;

(b) any expected impact of Part 1 on—

(i) the incidence of homelessness;

(ii) the incidence of ill-health, or suicide;

(iii) the commission of criminal or anti-social behaviour; and

(iv) the future provision and availability of services including, but not limited to, law centres and citizens advice bureaus.

(2) The Lord Chancellor must lay a copy of the final report commissioned under subsection (1) in both Houses of Parliament at the same time as laying a draft commencement order for any other section in this Part.”

Clause 8

LORD PANNICK

LORD WOOLF

LORD FAULKS

LORD HART OF CHILTON

 

Page 5, line 42, after “from” insert “, or adding services to,”

Schedule 1

BARONESS DOOCEY

LORD NEWTON OF BRAINTREE

LORD BACH

LORD PANNICK

 

Page 125, line 5, at end insert—

“Social welfare law

1 (1) Civil legal services provided in respect of a social welfare decision relating to a benefit, allowance, payment, credit or pension under—

(a) the Social Security Contributions and Benefits Act 1992;

(b) the Jobseekers Act 1995;

(c) the State Pension Credit Act 2002;

(d) the Tax Credits Act 2002;

(e) the Welfare Reform Act 2007;

(f) the Welfare Reform Act 2012; or

(g) any other enactment relating to social security.

(2) For the purposes of subparagraph (1), “civil legal services” includes independent advice and assistance for a review, or appeal to a first-tier tribunal, of such a decision.”

LORD LLOYD OF BERWICK

 

Page 125, line 5, at end insert—

“Clinical negligence

(1) Civil legal services provided in relation to the obtaining of one or more expert reports in clinical negligence proceedings.

(2) In this paragraph—

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

“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);

“expert report” means a report by a person qualified to give expert advice on all or most of the matters that are the subject of the report;

“proceedings” includes any sort of proceedings for resolving disputes (and not just proceedings in court), whether commenced or contemplated.”

LORD BACH

LORD RAMSBOTHAM

 

Page 125, line 5, at end insert—

“Social welfare law

1 (1) Civil legal services provided in respect of a social welfare decision relating to a benefit, allowance, payment, credit or pension under—

(a) the Social Security Contributions and Benefits Act 1992;

(b) the Jobseekers Act 1995;

(c) the State Pension Credit Act 2002;

(d) the Tax Credits Act 2002;

(e) the Welfare Reform Act 2007;

(f) the Welfare Reform Act 2012; or

(g) any other enactment relating to social security.

(2) For the purposes of subparagraph (1), “civil legal services” includes independent advice, assistance and representation for an appeal to a second-tier tribunal or higher court of such a decision.”

LORD STEVENSON OF BALMACARA

 

Page 125, line 5, at end insert—

“Debt management relief or remedy

Civil legal services in relation to any debt management relief or remedy available under Part 5 of the Courts, Tribunals and Enforcement Act 2007.”

BARONESS GREY-THOMPSON

BARONESS FINLAY OF LLANDAFF

THE LORD BISHOP OF OXFORD

LORD BEECHAM

 

Page 125, line 5, at end insert—

“Clinical negligence

(1) Civil legal services provided in relation to clinical negligence proceedings.

(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.”

Clause 26

BARONESS GREY-THOMPSON

LORD BACH

LORD NEWTON OF BRAINTREE

LORD PANNICK

 

Page 21, line 11, leave out subsection (2) and insert—

“( ) Notwithstanding subsection (1), the Lord Chancellor’s duty under section 1(1) must include a duty to secure that a person eligible to legal aid advice is able to access it in a range of forms at the outset, including securing the provision of initial face-to-face advice.”

Clause 43

LORD STEVENSON OF BALMACARA

 

Page 30, line 27, at end insert—

“( ) After subsection (7) of that section insert—

“(8) The Lord Chancellor may by order prescribe that sections 58(4A) and (4B) and subsection (6) shall not apply to any conditional fee agreement where all of the following conditions are met—

(a) the proceedings include a claim by an individual or group of individuals for damages;

(b) the loss or injury allegedly caused has occurred in a developing country;

(c) a judge of the High Court has certified, whether before or after the commencement of court proceedings, that—

(i) the proposed litigation raises issues which ought, in the interests of justice, to be considered by a court in England or Wales;

(ii) the resources of the proposed claimant or claimants are significantly less than those of the proposed defendant or defendants; and

(iii) in the absence of the provisions of this subsection there would be a significant risk that the proposed claimant or claimants would be unable to secure effective legal representation in England or Wales.

(9) In subsection (8) “developing country” means a country, not being a member state of the European Union, whose per capita gross national income was less than 50 per cent of the per capita gross national income of the United Kingdom in any of the three years prior to the year (or if more than one year, the first year) in which the injury or loss is alleged to have occurred.”.”

 

Page 30, line 29, at end insert “or section 58A(8)”

LORD ALTON OF LIVERPOOL

 

Page 30, line 32, at end insert—

“( ) The amendments made by this section do not apply in relation to proceedings which include a claim for damages for respiratory disease or illness (whether or not resulting in death) arising from industrial exposure to harmful substance.”

Clause 45

LORD LLOYD OF BERWICK

 

Page 31, line 38, leave out from “policy” to end of line 33 on page 32

LORD STEVENSON OF BALMACARA

 

Page 31, line 38, leave out from “unless” to end of line 39 and insert—

“(a) the party is one to whom section 58A(8) applies; or

(b) such provision is permitted by regulations under subsection (2).”

LORD ALTON OF LIVERPOOL

 

Page 32, line 39, at end insert—

“( ) The amendment made by this section does not apply in relation to proceedings which include a claim for damages for respiratory disease or illness (whether or not resulting in death) arising from industrial exposure to a harmful substance.”

Clause 46

LORD ALTON OF LIVERPOOL

 

Page 32, line 46, at end insert—

“( ) The repeal made by subsection (1) does not apply in relation to proceedings which include a claim for damages for respiratory disease or illness (whether or not resulting in death) arising from industrial exposure to a harmful substance.”

After Clause 58

LORD PANNICK

LORD GOLDSMITH

 

Insert the following new Clause—

“Payments in respect of pro bono representation

In section 194(10) of the Legal Services Act 2007, after ““civil court” means” add “the Supreme Court,”.”

Before Clause 116

LORD LLOYD OF BERWICK

 

Insert the following new Clause—

“Duty to release certain prisoners serving a whole life sentence

In Chapter 2 of Part 1 of the Crime (Sentences) Act 1997 after section 28 insert—

“28A Duty to release certain prisoners serving a whole life sentence

(1) In the case of a life prisoner who has been made subject to a whole life order, and has served 30 years of his sentence, it shall be the duty of the Secretary of State, with the consent of the Lord Chief Justice and the trial judge if available, to refer the case to the Parole Board.

(2) If the Parole Board is satisfied—

(a) that it is no longer necessary for the protection of the public that the prisoner should be confined, and

(b) that in all the circumstances the release of the prisoner on licence would be in the interests of justice,

the Parole Board may direct his release under this section.

(3) Where the Parole Board has directed a prisoner’s release under this section, it shall be the duty of the Secretary of State to release him on licence.””

Clause 117

LORD LLOYD OF BERWICK

 

Leave out Clause 117

After Clause 120

BARONESS ROYALL OF BLAISDON

LORD BACH

LORD BEECHAM

 

Insert the following new Clause—

“Disclosure of information about convictions etc. of violent abusers to members of the public

(1) The responsible authority for each area must, in the course of discharging its functions under arrangements established under section 325 of the Criminal Justice Act 2003, consider whether to disclose information in its possession about the relevant previous convictions of any violent abuser managed by it to any person deemed by the authority to be at risk.

(2) In the case mentioned in subsection (3) there is a presumption that the responsible authority should disclose information in its possession about the relevant previous convictions of the offender to the particular member of the public.

(3) The case is where the responsible authority for the area has reasonable cause to believe that—

(a) a serious violent abuser managed by it poses a risk in that or any other area of causing serious harm to a particular at risk person, and

(b) disclosure of information about the relevant previous conviction of the offender to the particular member of the public is necessary for the purpose of protecting the at risk person from serious harm caused by the offender.

(4) The presumption under subsection (2) arises if the person to whom the information is disclosed requests the disclosure.

(5) Where the responsible authority makes a disclosure under this section—

(a) it may disclose such information about the relevant previous convictions of the offender as it considers appropriate to disclose to the member of the public concerned, and

(b) it may impose conditions for preventing the member of public concerned from disclosing the information to any other persons.

(6) Any disclosure under this section must be made as soon as is reasonably practical having regard to all the circumstances.

(7) The responsible authority for each area must compile and maintain a record about the decisions it makes in relation to the discharge of its functions under this section.

(8) The record must include the following information—

(a) the reasons for making a decision to disclose information under this section,

(b) the reasons for making a decision not to disclose information under this section, and

(c) the information which is disclosed under this section, any conditions imposed in relation to its further disclosure and the name and address of the person to whom it is disclosed.

(9) Nothing in this section requires or authorises the making of a disclosure which contravenes the Data Protection Act 1998.

(10) This section is not to be taken as affecting any power of any person to disclose any information about a violent abuser.”

 

Insert the following new Clause—

“Disclosure of information about convictions etc. of violent abusers to members of the public: interpretation

(1) This section applies for the purposes of section (Disclosure of information about convictions etc. of violent abusers to members of the public).

(2) “At risk person” means a person deemed by the responsible authority to be at risk because of a proximate relationship to a person with a history of violent abuse.

(3) “Violent abuse” means any offences falling within the parameters of section 224 of the Criminal Justice Act 2003 committed against a person with whom the offender enjoyed a proximate relationship.

(4) “Violent abuser” means any person who—

(a) has been convicted of an offence covered by subsection (3),

(b) has been found not guilty of such an offence by reason of insanity,

(c) has been found to be under a disability and to have done the act charged against the person in respect of such an offence, or

(d) had been cautioned in respect of such an offence.

(5) “Responsible authority” is used in relation to any area and means the chief officer of police, the local probation board for that area, or (if there is no local probation board for that area) a relevant provider of probation service and the Minister of the Crown exercising functions in relation to prisons, acting jointly.

(6) In relation to a responsible authority, references to information about the relevant previous convictions of a violent abuser are references to information about—

(a) convictions, findings and cautions mentioned in subsection (4)(a) to (d) which relate to the offender, and

(b) anything under the law of any country or territory outside England and Wales which in the opinion of the responsible authority corresponds to any conviction, finding or caution with paragraph (a) (however described).

(7) References to serious harm caused by a violent abuser are references to serious physical or psychological harm caused by the offender committing any offence against another person with whom they enjoy a proximate relationship.

(8) References to a proximate relationship are references to a person who is associated with the victim as established under section 177(1)(a) of the Housing Act 1996.

(9) A responsible authority for any area manages a violent abuser if the offender is a person who poses a risk in that area which falls to be managed by the authority under the arrangements established by it under section 325 of the Criminal Justice Act 2003.

(10) For the purposes of this section the provisions of section 4 of, and paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974 (protection for spent convictions and cautions) are to be disregarded.

(11) In this section “cautioned”, in relation to any person and any offence, means—

(a) cautioned after the person has admitted the offence, or

(b) reprimanded or warned within the meaning given by section 65 of the Crime and Disorder Act 1998.

(12) Section 135(1), (2)(a) and (c) and (3) of the Sexual Offenders Act 2003 (mentally disordered offenders) apply for the purposes of this section as they apply for the purposes of Part 2 of that Act.”

Clause 134

LORD LLOYD OF BERWICK

 

Leave out Clause 134

After Clause 137

LORD FAULKNER OF WORCESTER

LORD BRADSHAW

THE LORD BISHOP OF LONDON

 

Insert the following new Clause—

“Amendment to the Scrap Metal Dealers Act 1964

In section 5 (other offences relating to scrap metal) after subsection (2) insert—

“(3) If any scrap metal dealer accepts or makes payment in cash, that dealer shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) When deciding the level of fine to be charged under subsection (1) to (3), a court may take into account—

(a) the value of the scrap metal in question;

(b) the provenance of the scrap metal in question;

(c) the compliance of the scrap metal dealer with the provisions of sections (1) to (3) of this Act generally; and

(d) any other factors which the court deems to be relevant.””

Prepared 17th February 2012