Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENTS
TO BE MOVED
ON REPORT

Before Clause 1

CORRECTIONS

[The following corrections relate to amendments printed on 16th February on sheet HL Bill 129(a)]

 

On page 4 of sheet HL Bill 129(a), the amendment to page 125, line 5 (at end insert new paragraph “Social welfare law”), should have been in the names of Lord Bach, Lord Ramsbotham and Lord Pannick.

 

On pages 7 and 8 of sheet HL Bill 129(a), the amendments to insert new clauses after Clause 120 should have been in the names of Baroness Royall of Blaisdon and Baroness Gale.

Schedule 1

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 sub-paragraph (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.”

BARONESS SCOTLAND OF ASTHAL

BARONESS BUTLER-SLOSS

LORD BLAIR OF BOUGHTON

THE LORD BISHOP OF LEICESTER

 

Page 130, leave out lines 42 to 45 and insert—

““abuse” means any incident or repeated incidents of threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional, and including acts of neglect, maltreatment, exploitation or acts of omission) between adults who are or have been intimate partners or family members, regardless of gender or sexuality;”

 

Page 131, line 31, at end insert—

“( ) For the purposes of this paragraph, evidence that abuse has occurred may consist of one or more of the following (without limitation)—

(a) a relevant court conviction or police caution;

(b) a relevant court order (including without notice, ex parte, interim or final orders), including a non-molestation undertaking or order, occupation order, forced marriage protection order or other protective injunction;

(c) evidence of a relevant criminal proceedings for an offence concerning domestic violence or a police report confirming attendance at an incident resulting from domestic violence;

(d) evidence that a victim has been referred to a multi-agency risk assessment conference, as a high risk victim of domestic violence, and a plan has been put in place to protect that victim from violence by the other party;

(e) a finding of fact in the family courts of domestic violence by the other party giving rise to the risk of harm to the victim;

(f) a medical report from a doctor at a UK hospital confirming that the applicant has injuries or a condition consistent with being a victim of domestic violence;

(g) a letter from a General Medical Council registered general practitioner confirming that he or she has examined the applicant and is satisfied that the applicant had injuries or a condition consistent with those of a victim of domestic violence;

(h) an undertaking given to a court by the alleged perpetrator of the abuse that he or she will not approach the applicant who is the victim of the abuse;

(i) a letter from a social services department confirming its involvement in providing services to the applicant in respect of allegations of domestic violence;

(j) a letter of support or a report from a domestic violence support organisation; or

(k) other well-founded documentary evidence of abuse, such as from a counsellor, midwife, school or witness.”

 

Page 132, line 10, at end insert—

“( ) For the avoidance of doubt, no time limit shall operate in relation to any evidence supporting an application for civil legal services under paragraph 11.”

LORD BACH

 

Page 148, line 23, leave out paragraph 15

LORD BEECHAM

 

Page 148, line 32, leave out paragraph 16

Clause 9

LORD BACH

 

Page 6, line 20, at end insert—

“( ) that it is appropriate to do so, having regard to the particular circumstances of the case, including—

(i) the client’s vulnerability;

(ii) the client’s capacity to represent themselves;

(iii) the client’s health (including mental health) issues;

(iv) the actual availability of alternative sources of advice and assistance and the impact and consequences on the client, or his family, of failing to receive advice and assistance under this Part;

( ) that the client is under the age of 18; or

( ) that it is otherwise in the interests of justice.”

 

Page 6, line 29, at end insert—

“( ) In deciding whether a case constitutes an exceptional case for the purpose of subsection (4), the Director must consult and have regard to the views of the chief coroner.”

 

Page 6, line 41, at end insert—

“( ) The Director shall make provision for the payment of reasonable costs incurred by any person making a successful funding application under this section.”

 

Leave out Clause 9

Clause 12

LORD BACH

 

Leave out Clause 12

Prepared 20th February 2012