Legal Aid, Sentencing and Punishment of Offenders Bill

THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 29th February 2012, as follows—

Schedule 1
Clauses 9 to 23
Schedule 2
Clauses 24 to 30
Schedule 3
Clauses 31 to 37
Schedule 4
Clause 38
Schedule 5
Clause 39
Schedule 6
Clauses 40 to 59
Schedules 7 and 8
Clauses 60 to 65
Schedule 9
Clauses 66 to 83
Schedule 10
Clause 84
Schedule 11
Clauses 85 to 99
Schedule 12
Clauses 100 to 104
Schedule 13
Clause 105
Schedule 14
Clauses 106 to 114
Schedule 15
Clause 115
Schedules 16 and 17
Clauses 116 and 117
Schedules 18 and 19
Clause 118
Schedule 20
Clause 119
Schedule 21
Clauses 120 to 124
Schedule 22
Clauses 125 to 127
Schedule 23
Clauses 128 to 133
Schedule 24
Clause 134
Schedule 25
Clause 135
Schedule 26
Clauses 136 to 143

[Amendments marked * are new or have been altered]

Schedule 1

LORD BACH

74

Page 140, line 8, leave out from “Kingdom” to end of line 39

LORD STEVENSON OF BALMACARA

BARONESS COUSSINS

74A*

Page 141, line 3, at end insert—

“Debt management and 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.”

74B*

Page 141, line 3, at end insert—

“Debt

1 (1) Civil legal services provided in respect of debt-related disputes.

(2) For the purposes of sub-paragraph (1), civil legal services includes advice and assistance at all stages.”

LORD BACH

LORD PANNICK

74C*

Page 141, line 3, at end insert—

“Unfair dismissal

1 (1) Civil legal services provided in respect of employment cases where a person has been unfairly dismissed.

(2) For the purposes of sub-paragraph (1), civil legal services includes advice and assistance at all stages.”

74D*

Page 141, line 3, at end insert—

“Employment

1 (1) Civil legal services provided in respect of employment disputes.

(2) For the purposes of sub-paragraph (1), civil legal services includes—

(a) advice and assistance at all stages; and

(b) representation on appeal to the employment appeal tribunal and higher courts.”

LORD BEST

LORD BEECHAM

75

Page 141, line 7, at end insert

“(1A) Services provided to an individual at risk of losing their home under sub-paragraph (1) shall include services in relation to the entitlement of the individual to welfare benefits relating to housing costs.”

LORD BEST

76

Page 141, line 16, after “(1)” insert “1(A)”

77

Page 141, line 17, leave out “paragraph 14” insert “paragraphs 14 and 15””

LORD AVEBURY

BARONESS WHITAKER

77A

Page 141, line 44, leave out “subject to sub-paragraph (10)”

77B

Page 142, line 1, leave out sub-paragraph (10)

77C

Page 142, line 9, leave out “In sub-paragraphs (9) and (10)” and insert “In sub-paragraph (9)”

77D

Page 142, line 11, leave out sub-paragraphs (12) and (13)

77E

Page 142, line 19, at end insert—

“Mobile homes

Civil legal services provided in relation to advice under the Legal Help Scheme for matters arising under the Mobile Homes Act 1983.”

LORD PHILLIPS OF SUDBURY

LORD THOMAS OF GRESFORD

LORD AVEBURY

LORD DHOLAKIA

78

Page 143, line 24, at end insert—

“Immigration appeals

(1) Civil legal services and advocacy in appeals from the Immigration and Asylum Chamber of the First-tier Tribunal to the Upper Tribunal, the Court of Appeal and the Supreme Court where the relevant court or tribunal certifies that—

(a) the appeal raises a complex issue of law or of fact (in which case the certificate must identify the issue);

(b) the matter is one of significant wider public interest (in which case the certificate must identify that interest); or

(c) there is some other compelling reason why the proper conduct of the appeal requires the provision of civil legal services (in which case the certificate must set out the reason).

(2) Rules of procedure applicable to the relevant court or tribunal may make provision about certificates under this paragraph.”

LORD MCNALLY

79

Page 147, line 18, at end insert—

“Terrorism prevention and investigation measures etc

39A (1) Civil legal services provided to an individual in relation to a TPIM notice relating to the individual.

(2) Civil legal services provided to an individual in relation to control order proceedings relating to the individual.

Exclusions

(3) Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

(4) In this paragraph—

“control order proceedings” means proceedings described in paragraph 3(1)(a) to (e) of Schedule 8 to the Terrorism Prevention and Investigation Measures Act 2011 (“the 2011 Act”);

“TPIM notice” means a notice under section 2(1) of the 2011 Act.”

80

Page 147, line 25, leave out paragraphs (a) and (b) and insert—

“(a) the exclusions in Parts 2 and 3 of this Schedule, except to the extent that regulations under this paragraph provide otherwise, and

(b) any other prescribed exclusions.”

81

Page 147, line 36, after “to” insert “a claim in tort in respect of”

82

Page 147, line 37, after “to” insert “a claim in tort in respect of”

83

Page 147, line 39, after first “to” insert “a claim in tort in respect of”

84

Page 147, line 40, after first “to” insert “a claim in tort in respect of”

85

Page 148, line 3, after “to” insert “a claim in tort in respect of”

86

Page 148, line 8, leave out from beginning to second “a”

87

Page 148, line 9, leave out “the authority” and insert “a public authority to the extent that the claim is made in reliance on section 7 of the Human Rights Act 1998”

LORD BACH

88

Page 148, line 23, leave out paragraph 15

LORD MCNALLY

89

Page 148, line 31, leave out “other” and insert “prescribed”

LORD BEECHAM

90

Page 148, line 32, leave out paragraph 16

LORD MCNALLY

91

Page 148, leave out lines 38 and 39 and insert “, except as follows—

(a) those services include the types of advocacy listed in this Part of this Schedule, except to the extent that Part 1 of this Schedule provides otherwise;

(b) those services include other types of advocacy to the extent that Part 1 of this Schedule so provides.”

92

Page 150, line 2, leave out “paragraph 25” and insert “paragraphs 25 or 25A”.

Clause 9

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

93

Page 6, line 20, at end insert “, or

“(c) that it is in the interest of justice generally”

LORD AVEBURY

93A

Page 6, line 20, at end insert “, or

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

(i) any risk of the individual’s being unrepresented as a result of the prohibition in section 84(1) of the Immigration and Asylum Act 1999 on providing immigration advice or services in the course of a business, whether or not for profit, (unless a qualified person: a solicitor, barrister, legal executive or person regulated by the Office of the Immigration Services Commission etc.) and the individual’s inability to pay for representation;

(ii) the complexity of the case; and

(iii) any risk of injustice if the individual is not represented.”

LORD BACH

LORD JUDD

94

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 himself or herself;

(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.”

LORD BACH

95

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.”

96

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.”

97

Leave out Clause 9

Clause 10

LORD MCNALLY

98

Page 7, line 29, leave out from “which” to “could” and insert “more than one form of civil legal service”

99

Page 7, line 30, after second “the” insert “form of”

Clause 11

LORD BACH

LORD JUDD

100

Page 8, line 25, leave out “may” and insert “must”

After Clause 11

LORD SHIPLEY

LORD PHILLIPS OF SUDBURY

LORD THOMAS OF GRESFORD

101

Insert the following new Clause—

“Funding

(1) The Lord Chancellor may make funding available for the obtaining of civil legal services on matters not included in Schedule 1 where it appears to the Lord Chancellor that the provision of such services would promote efficiency, the saving of costs or the attainment of justice.

(2) The Lord Chancellor must make permanent arrangements for such purposes by—

(a) funding public bodies, law centres, citizens advice bureaux and not-for-profit advice and support agencies to facilitate the provision of such services; and

(b) supporting the delivery of such services through the provision of grant in aid to providers of civil legal services, including any consortia or partnership arrangements with public bodies, into which they may choose to enter.”

LORD PHILLIPS OF SUDBURY

LORD WOOLF

LORD FAULKS

101A

Insert the following new Clause—

“Report reviewing claims for clinical negligence

(1) In discharging his or her functions under section 1(4) above, the Lord Chancellor shall have regard to the provisions of this section.

(2) The Lord Chancellor may appoint an independent person to review claims for clinical negligence and means of improving the modes, procedures, financing and outcomes relating to the same as he or she shall specify.

(3) Such a review may in particular address the accessibility, cost, effectiveness, openness, fairness, proportionality and speediness of such claims.

(4) After the reviewer must compile a report of his or her conclusions.

(5) As part of those conclusions the reviewer may propose such scheme or schemes (voluntary or otherwise) as he or she shall see fit.

(6) In this section “claims” shall mean claims and complaints made by patients receiving services provided or commissioned in England in respect of a liability in tort or contract owed in respect of personal injury or loss arising in connection with breach of a duty of care owed to any person in connection with the diagnosis of illness, or in the care or treatment of any patient of an NHS body, or of a primary care or independent provider.

(7) The Lord Chancellor must lay before Parliament a copy of a report compiled under subsection (4).”

Clause 12

LORD BACH

LORD JUDD

102

Page 8, line 35, leave out subsection (2)

LORD MCNALLY

103

Page 8, line 37, leave out subsection (3)

104

Page 9, line 26, at end insert “, including assistance in the form of advocacy”

Clause 20

LORD THOMAS OF GRESFORD

LORD MACDONALD OF RIVER GLAVEN

LORD CARLILE OF BERRIEW

105

Page 15, line 14, at end insert—

“( ) For the purposes of subsection (1), “financial resources” shall include all the realisable property of the individual subject to a restraint order under section 41 of the Proceeds of Crime Act 2002 (restraint orders) and subsections (4) and (5) of that section are hereby repealed.”

LORD THOMAS OF GRESFORD

105A*

Page 15, line 14, at end insert—

“( ) For the purposes of subsection (1), “financial resources” shall include all the realisable property of the individual subject to a restraint order under section 41 of the Proceeds of Crime Act 2002 (restraint orders).

( ) The Proceeds of Crime Act 2002 is amended as follows.

( ) In section 41, omit subsections (4) and (5) and substitute—

“(4)(a) A restraint order may be made subject to an exception for the provision of reasonable legal expenses in criminal proceedings in the Crown Court, whether or not they relate to an offence mentioned in Section 40(2) or (3), subject to conditions—

(i) an application for the release of such expenses shall be made by the alleged offender to the Court where the offence for which they are required is to be tried,

(ii) notice shall be given of the application to the prosecutor or the Director,

(iii) the application shall be supported by a costs budget verified by the solicitor to the alleged offender,

(iv) the budget shall be calculated on the basis of current legal aid rates,

(b) The Court shall not make an order prejudicial to a co-defendant.

(5) The Court shall supervise the course of an order made under subsection (4) above and may from time to time review the order on the application by the prosecutor or the Director, or by or on behalf of the alleged offender.””

LORD MCNALLY

106

Page 15, line 22, leave out “The regulations” and insert “Regulations under subsection (3)”

Clause 22

LORD MCNALLY

107

Page 17, line 27, leave out “for” and insert “to”

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

108

Page 17, line 41, at end insert “save that an individual shall not be required to pay a percentage of the damages he receives for the purposes of a supplementary legal aid scheme”

Clause 24

LORD MCNALLY

109

Page 19, line 18, leave out “for” and insert “to”

110

Page 19, line 36, after “available,” insert—

“( ) provision modifying the charge for the purposes of its application in prescribed cases or circumstances,”

111

Page 19, line 37, leave out “its enforcement” and insert “the enforcement of the charge”

Clause 25

LORD MCNALLY

112

Page 20, line 20, leave out “for” and insert “to”

113

Page 20, line 21, leave out first “for” and insert “to”

114

Page 20, line 25, leave out “for” and insert “to”

115

Page 20, line 34, leave out “for” and insert “to”

116

Page 20, line 42, leave out “for” and insert “to”

117

Page 20, line 45, leave out “for” and insert “to”

118

Page 21, line 3, at end insert—

“(6A) Regulations may provide that an individual is to be treated, for the purposes of subsection (1) or regulations under subsection (3) or (5), as having or not having financial resources of a prescribed description (but such regulations have effect subject to subsection (4)).

(6B) Regulations under subsection (6A) may, in particular, provide that the individual is to be treated as having prescribed financial resources of a person of a prescribed description.”

Clause 26

BARONESS GREY-THOMPSON

LORD BACH

LORD NEWTON OF BRAINTREE

LORD PANNICK

119

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.”

Schedule 3

LORD MCNALLY

120

Page 157, line 43, leave out “for” and insert “to”

121

Page 158, line 16, leave out “for” and insert “to”

122

Page 158, line 20, leave out “for” and insert “to”

Schedule 4

LORD MCNALLY

123

Page 164, line 4, leave out “1” and insert “37(1)”

124

Page 164, line 4, at end insert “(subject to regulations under sub-paragraph (2))”

125

Page 164, line 7, at end insert—

“(2) The Lord Chancellor may by regulations amend or otherwise modify the definition of “the transfer day” in sub-paragraph (1).”

Clause 38

LORD MCNALLY

126

Page 28, line 2, at end insert—

“(2) Where the Lord Chancellor considers it appropriate as part of the arrangements for effecting the transition from the operation of Part 1 of the Access to Justice Act 1999 to the operation of this Part of this Act, the Lord Chancellor may by regulations make provision requiring or enabling prescribed 1999 Act services to be made available to individuals or other persons under this Part for a period specified or described in the regulations.

(3) In subsection (2) “1999 Act services” means services which, immediately before the day on which the first regulations under that subsection come into force, may be funded under Part 1 of the Access to Justice Act 1999.

(4) Where the Lord Chancellor considers it appropriate for the Legal Services Commission to cease to exist before this Part is brought fully into force, the Lord Chancellor may by regulations make provision for the purpose of requiring or enabling the Lord Chancellor and the Director, or persons authorised by the Lord Chancellor or the Director, to carry out LSC functions for a period specified or described in the regulations.

(5) In subsection (4) “LSC functions” means functions conferred or imposed on the Legal Services Commission by or under Part 1 of the Access to Justice Act 1999.

(6) Regulations under subsection (4) may not include provision requiring or enabling the Lord Chancellor—

(a) to take decisions about whether services should be funded in individual cases, or

(b) to give directions or guidance about the carrying out of functions under Part 1 of the Access to Justice Act 1999 in relation to individual cases.

(7) Regulations under this section—

(a) may amend, repeal, revoke or otherwise modify Part 1 of the Access to Justice Act 1999, this Part of this Act, any other Act and any instrument made under an Act;

(b) may describe a period, in particular, by reference to the coming into force of a provision of this Part of this Act or the repeal of a provision of Part 1 of the Access to Justice Act 1999.

(8) The requirement for regulations under this section to specify or describe a period does not prevent the making of further regulations under this section.

(9) The powers to make regulations under this section are without prejudice to the generality of the powers to make regulations under the other provisions of this Part and under section 138.

(10) In this section “Act” includes an Act or Measure of the National Assembly for Wales.”

Clause 40

LORD MCNALLY

127

Page 28, line 11, leave out “specified period” and insert “period specified or described in the order, regulations or direction”

128

Page 28, line 28, leave out “subject to subsection (6)” and insert “unless it is an instrument described in subsection (6) or (9)”

129

Page 28, line 34, at end insert—

“( ) regulations under section 10(1)(b), other than regulations in respect of which the Lord Chancellor has made an urgency statement;

( ) regulations under section 12(9);”

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

130

Page 28, line 39, at end insert—

“( ) regulations under section 22;”

LORD MCNALLY

131

Page 28, line 41, at end insert—

“( ) regulations under section 38 that amend or repeal a provision of an Act (as defined in that section), other than regulations revoking such regulations or inserting or repealing provision previously repealed or inserted by such regulations;”

132

Page 29, line 2, at end insert—

“(8) An urgency statement is a statement that the Lord Chancellor considers that it is desirable for the regulations to come into force without delay for the reasons given in the statement.

(9) Where a statutory instrument contains regulations under section 10(1)(b) in respect of which the Lord Chancellor has made an urgency statement—

(a) the regulations may not come into force before the instrument and the statement are laid before Parliament, and

(b) the regulations cease to have effect at the end of the period of 120 days beginning with the day on which the instrument is made unless the instrument is approved by a resolution of each House of Parliament before the end of that period.

(10) In reckoning the period of 120 days no account is to be taken of any time—

(a) during which Parliament is dissolved or prorogued, or

(b) during which both Houses are adjourned for more than 4 days.

(11) Where regulations cease to have effect under subsection (9) that does not affect—

(a) anything previously done in reliance on the regulations, or

(b) the making of further regulations.”

Before Clause 43

LORD BEECHAM

132A*

Insert the following new Clause—

“Qualified one-way cost-shifting and uplift in general damages

(1) Before making an order to commence sections 43, 45 or 46 the Lord Chancellor must—

(a) establish a one-way cost-shifting for civil litigation in accordance with this section; and

(b) increase the quantum of general damages for pain suffering and loss of amenity by 10% above the levels awarded immediately before this Part comes into force.

(2) A “one-way cost-shifting for civil litigation” means a regime that applies to a claimant regardless of means, where that person has entered into a funding arrangement by which he or she receives legal services to pursue proceedings against a defendant covered by insurance or self-insurance—

(a) for damages for personal injury in tort;

(b) for damages arising out of breach of a contractual duty;

(c) by way of judicial review; or

(d) by way of statutory appeal.

(3) Subject to subsection (4), the general rule that the court will order an unsuccessful claimant to pay the costs of a successful claimant shall not apply to a claimant within the regime.

(4) The court may apply the general rule where the court finds—

(a) the claim was fraudulent;

(b) the claim was so unreasonable that it was or could have been struck out on the grounds that it was frivolous, vexatious or an abuse of process; or

(c) in respect of a claim for damages, the cost consequences under Part 36 of the Civil Procedure Rules apply, save that the proportion of a defendant’s costs payable by a claimant within the regime, whether fixed or assessed, shall be limited to 10% of the damages awarded to the claimant.

(5) In the event that a claimant within the regime discontinues his action, the general rule shall not apply, unless the court on application finds the action to have been fraudulent, frivolous or vexatious.

(6) In this section, a “funding arrangement” means an arrangement where the claimant has—

(a) entered into a conditional fee agreement or a collective conditional fee agreement which provides for a success fee within the meaning of section 58(2) of the Courts and Legal Services Act 1990; or

(b) taken out an insurance policy to which section 58C of the Courts and Legal Services Act 1990 (recovery of insurance premiums by way of costs) applies.”

Clause 43

LORD THOMAS OF GRESFORD

132B*

Page 30, line 10, after “are” insert “, subject to subsection 4C,”

132C*

Page 30, line 10, at end, insert—

“( ) the agreement must provide that no success fee is payable unless proceedings have been commenced and allocation of the case to a litigation track has been reached within the meaning of Part 26 of the Civil Procedure Rules,”

LORD BACH

132D*

Page 30, line 21, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for damages for a disease, condition, or illness resulting from any breach of duty owed by an employer to an employee.”

LORD THOMAS OF GRESFORD

132E*

Page 30, line 21, at end insert—

“(4C) Where the conditional fee agreement relates to proceedings which have been allocated to the multi-track within the meaning of Part 29 of the Civil Procedure Rules, the additional conditions are that—

(a) the agreement must provide that the amount of the success fee payable by the person bringing the proceedings is subject to a maximum limit;

(b) the maximum limit must not exceed 25% of the damages (other than costs) awarded in those proceedings;

(c) the maximum limit must not exceed half the success fee.”

LORD MARTIN OF SPRINGBURN

LORD BEECHAM

133

Page 30, line 24, leave out subsection (4)

LORD THOMAS OF GRESFORD

LORD BACH

133A*

Page 30, line 24, at end insert—

“( ) In section 58A of that Act, after subsection (6), insert—

“(7) A costs order may include provision requiring the payment of any fees payable under a conditional fee agreement which provides for a success fee in the following proceedings—

(a) proceedings in England and Wales by a company which is being wound up in England and Wales or Scotland;

(b) proceedings by a company which has entered administration under Part II of the Insolvency Act 1986;

(c) proceedings in England and Wales by a person acting in the capacity of—

(i) liquidator of a company which is being wound up in England and Wales or Scotland; or

(ii) trustee of a bankrupt’s estate;

(d) proceedings by a person acting in the capacity of an administrator appointed pursuant to the provisions of Part II of the Insolvency Act 1986.

(8) In subsections (7)(a) and (7)(c) “company” means a company within the meaning of section 1 of the Companies Act 2006 or a company which may be wound up under Part V of the Insolvency Act 1986.”.”

LORD THOMAS OF GRESFORD

133B*

Page 30, line 25, at beginning insert “Except where subsection (6A) applies,”

LORD THOMAS OF GRESFORD

LORD BACH

133C*

Page 30, line 25, at beginning insert—

“Subject to subsection (7),”

LORD LESTER OF HERNE HILL

LORD PRESCOTT

133D

Page 30, line 27, at end insert “unless—

(a) the proceedings include a claim for damages or other relief in relation to—

(i) defamation; or

(ii) interference with personal information or breach of privacy;

and either—

(b) all of the following criteria are fulfilled—

(i) the success fee does not exceed 50% of the base costs of the litigation;

(ii) the litigation would not have been commenced but for the conditional fee agreement;

(iii) the winning party’s base costs of the litigation are proportionate to the remedy claimed;

(iv) the success fee is proportionate to the remedy claimed; and

(v) it is in the interests of justice for the losing party to pay the winning party’s success fee;

or—

(c) the following criteria are both fulfilled—

(i) the success fee exceeds 50% of the final costs of the litigation; and

(ii) in the view of the court, the losing party has conducted the litigation in a way which renders the base costs of the litigation disproportionate to the remedy claimed.”

LORD THOMAS OF GRESFORD

133E*

Page 30, line 27, at end insert—

“(6A) A costs order made in proceedings which have been allocated to the multi-track within the meaning of Part 29 of the Civil Procedure Rules may not include provision requiring the payment by one party of more than half of a success fee for which a conditional fee agreement entered into by another party provides.”

BARONESS COUSSINS

LORD STEVENSON OF BALMACARA

LORD JUDD

BARONESS MILLER OF CHILTHORNE DOMER

134

Page 30, line 27, at end insert—

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

“(8) The Lord Chancellor may by order prescribe that section 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.””

BARONESS COUSSINS

LORD STEVENSON OF BALMACARA

LORD JUDD

BARONESS HOOPER

135

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

LORD MCNALLY

135A

Page 30, line 30, leave out from “not” to end of line 32 and insert “prevent a costs order including provision in relation to a success fee payable by a person (“P”) under a conditional fee agreement entered into before the day on which that subsection comes into force (“the commencement day”) if—

(a) the agreement was entered into specifically for the purposes of the provision to P of advocacy or litigation services in connection with the matter that is the subject of the proceedings in which the costs order is made, or

(b) advocacy or litigation services were provided to P under the agreement in connection with that matter before the commencement day.”

LORD ALTON OF LIVERPOOL

LORD BACH

LORD MORRIS OF ABERAVON

LORD AVEBURY

136

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

137

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

BARONESS COUSSINS

LORD STEVENSON OF BALMACARA

LORD JUDD

BARONESS HOOPER

138

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 BEECHAM

139

Page 31, line 39, at end insert “, (2A) or (2B)”

LORD LESTER OF HERNE HILL

139A

Page 31, line 39, at end insert “or under subsection (3)”

LORD THOMAS OF GRESFORD

LORD BACH

139B*

Page 31, line 39, at end insert—

“( ) The Lord Chancellor may by regulations provide that a costs order may include provision requiring the payment of such an amount where the order is made in favour of a party to proceedings of the type specified in section 58A(7) of the Courts and Legal Services Act 1990.”

LORD BEECHAM

139C*

Page 31, line 40, leave out subsection (2) and insert—

“(2) The Lord Chancellor must make regulations to provide that a costs order shall require the payment of such an amount where the party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay their own disbursements within—

(a) any specified pre-action protocol period; or

(b) 42 days of the intimation of the claim if there is no pre-action protocol period.”

LORD THOMAS OF GRESFORD

139D*

Page 31, line 42, leave out “clinical negligence”

LORD LESTER OF HERNE HILL

LORD PRESCOTT

139E

Page 32, line 10, at end insert—

“(2A) A costs order may, subject in the case of court proceedings to rules of court, include provision requiring the payment of such an amount where—

(a) the proceedings include a claim for damages or other relief in relation to—

(i) defamation; or

(ii) interference with personal information or breach of privacy;

and either—

(b) all of the following criteria are fulfilled—

(i) the litigation would not have been commenced but for a conditional fee agreement;

(ii) the litigation would not have been commenced but for the insurance;

(iii) the winning party’s base costs of the litigation are proportionate to the remedy claimed;

(iv) the insurance premium is proportionate to the remedy claimed;

(v) it is in the interests of justice for the losing party to pay the winning party’s insurance premium;

or—

(c) where in the view of the court, the losing party has conducted the litigation in a way which renders the base costs of the litigation disproportionate to the remedy claimed.”

LORD BEECHAM

140

Page 32, line 10, at end insert—

“(2A) The Lord Chancellor may, by regulations, provide that a costs order may include provision requiring the payment of such an amount where—

(a) the order is made in favour of a party to proceedings which include an environmental claim,

(b) the party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay for one or more expert reports in respect of an environmental claim (or against that risk and other risks),

(c) the policy states how much of the premium relates to the liability to pay for an expert report or reports in respect of an environmental claim (“the relevant part of the premium”), and

(d) the amount is to be paid in respect of the relevant part of the premium.

(2B) The Lord Chancellor may by regulations provide that a costs order may include provision requiring the payment of such an amount where—

(a) the order is made in favour of a party to proceedings which include an environmental claim,

(b) the party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay the costs of the opposing party, and

(c) the opposing party has agreed prior to the commencement of proceedings that the costs insurance policy should be taken out.”

LORD THOMAS OF GRESFORD

140A*

Page 32, line 15, leave out from “may” to end of line 18 and insert “specify that, subject to subsection (3)—

(a) in the event that liability is admitted within the pre-action protocol period or, if there is no applicable protocol, within 60 days of notification of the claim, the costs order shall not require the payment of any part of the premium;

(b) in the event that liability is admitted between the expiry of the period referred to in paragraph (a) and the allocation of the case to a litigation track, a costs order may require a payment limited to 50 per cent of the premium; and

(c) in the event of judgment at trial in favour of the party, a costs order may require a payment limited to 80 per cent of the premium.”

LORD ALTON OF LIVERPOOL

LORD BACH

LORD MORRIS OF ABERAVON

LORD AVEBURY

141

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.”

LORD THOMAS OF GRESFORD

141ZA*

Page 32, line 39, at end insert—

“(4) This section shall not come into force until a regime of one way costs shifting has come into effect.”

LORD BACH

141ZB*

Page 32, line 39, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings where a disease, condition or illness is the result of a breach of duty owed by an employer to an employee.”

Clause 46

LORD MCNALLY

141A

Page 32, line 44, leave out “party to proceedings” and insert “person”

LORD THOMAS OF GRESFORD

141AA*

Page 32, line 44, at end insert “proportionate to the damages or other relief claimed”

LORD MCNALLY

141B

Page 32, line 45, leave out from beginning to “before”

141C

Page 32, line 46, at end insert “if the undertaking was given specifically in respect of the costs of other parties to proceedings relating to the matter which is the subject of the proceedings in which the costs order is made”

LORD ALTON OF LIVERPOOL

LORD BACH

LORD MORRIS OF ABERAVON

LORD AVEBURY

142

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.”

LORD BACH

LORD BEECHAM

142A*

Leave out Clause 46

After Clause 46

LORD THOMAS OF GRESFORD

142B*

Insert the following new Clause—

“One way costs shifting

Rules of Court may provide that in proceedings of a description specified by order made by the Lord Chancellor, an unsuccessful claimant shall not be ordered to pay the costs of any other party, save where he has acted fraudulently, vexatiously or in abuse of the process of the court in bringing or conducting the proceedings.”

After Clause 53

LORD THOMAS OF GRESFORD

142C*

Insert the following new Clause—

“Third party litigation funding

(1) A third party litigation funding agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of it being a third party litigation funding agreement; but any other third party litigation funding agreement shall be unenforceable.

(2) A third party litigation funding agreement is an agreement under which a third party (“the funder”) agrees to fund (in whole or in part) the provision of advocacy or litigation services to another person (“the litigant”) by a person other than the funder in exchange for remuneration.

(3) For the purposes of subsection (2), “remuneration” includes—

(a) a payment or any other transfer of value representing or calculated by reference to the value of a judgment or settlement; and

(b) an assignment of the proceeds (in whole or in part) of any judgment or settlement.

(4) The following conditions are applicable to a third party litigation funding agreement—

(a) it must be in writing;

(b) it must not relate to—

(i) proceedings which by virtue of section 58A(1) and (2) of the Courts and Legal Services Act 1990 cannot be the subject of an enforceable conditional fee agreement;

(ii) a multi-party action, representative action or any proceedings which are the subject of a group litigation order; or

(iii) any other proceedings of a description prescribed by the Lord Chancellor;

(c) it must comply with such requirements as shall be prescribed by the Lord Chancellor.

(5) Regulations under subsection (4)(c) may—

(a) require any person which enters into a third party funding agreement with a litigant to first obtain a license from a licensing body to be designated by the Lord Chancellor; and

(b) set out conditions to be satisfied in order to obtain such a license.

(6) In this section “advocacy services” and “litigation services” are as defined in section 119 of the Courts and Legal Services Act 1990.”

142D*

Insert the following new Clause—

“Third party offers to settle

It shall be an offence for a third party insurance company to solicit a claimant who has a cause of action for personal injuries against its policy holder, to make an offer to settle that cause of action unless—

(a) it has obtained adequate medical evidence of the personal injury and has disclosed it to the claimant; and

(b) the claimant is advised when the offer is made of his right to obtain legal advice; and

(c) the offer is in full and final settlement of the cause of action.”

Clause 54

LORD BEECHAM

LORD BACH

143

Page 39, line 27, after first “paid” insert “will be paid, has made an agreement to be paid,”

144

Page 39, line 29, after “pays” insert “will pay, has made an agreement to pay,”

LORD BEECHAM

144A*

Page 39, line 29, at end insert “and in either case, the regulated person and the person by or to whom the business is referred, each act in the course of a business carried on for profit”

LORD BEECHAM

LORD BACH

145

Page 39, line 33, after first “paid” insert “will be paid, has made an agreement to be paid,”

LORD CLEMENT-JONES

145A*

Page 39, line 33, at end insert “, or

(c) arranges for another person to provide, for a fee, marketing services by unsolicited SMS text message, unsolicited telephone calls or any marketing in a hospital or other primary treatment centre.”

LORD MARTIN OF SPRINGBURN

146

Page 39, line 33, 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.”

LORD HUNT OF WIRRAL

146A

Page 39, line 37, after “damages” insert “which consist of or include damages”

LORD BEECHAM

LORD BACH

147

Page 39, line 38, after “death” insert “and the meaning shall include any payment for the introduction of a potential client, for information which might assist in the identification of potential clients, or of any road traffic accidents in which they may have been involved, or of any sharing of fees arising from an action, or threatened action, for the recovery of damages”

148

Page 39, line 40, at end insert—

“(5) A breach of the provisions of this section shall be an offence, punishable on summary conviction by a fine not exceeding the statutory maximum or an indictment for a term of imprisonment not exceeding two years, or a fine, or both.”

LORD HUNT OF WIRRAL

148A

Page 40, line 16, after “consideration” insert “whether received by the person referring prescribed legal business or not”

Clause 55

LORD BEECHAM

LORD BACH

149

Page 40, line 29, leave out subsection (5)

After Clause 58

LORD BEECHAM

LORD BACH

150

Insert the following new Clause—

“Costs in civil cases for low value personal injury claims

(1) The Table in Rule 45.29 of the Civil Procedure Rules 1998 (S.I. 1998/3132) (amount of fixed costs under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents) is amended as follows.

(2) The figure for Stage 1 shall be £200.

(3) The figure for Stage 2 shall be £400.

(4) The figure for Stage 3 for Type A fixed costs shall be £125.

(5) The figure for Stage 3 for Type B fixed costs shall be £125.

(6) Any further amendment to the Table shall not be made by the Civil Procedure Rule Committee but may be made by the Lord Chancellor by rules made by statutory instrument and may not be made until a draft of the rules has been laid before and approved by resolution of both Houses of Parliament.”

LORD PANNICK

LORD GOLDSMITH

LORD MCNALLY

151

Insert the following new Clause—

“Pro bono representation

Payments in respect of pro bono representation before the Supreme Court

(1) In section 194 of the Legal Services Act 2007 (power for certain courts to order losing party to make payment to charity where other party is represented pro bono) in subsection (10) for the definition of “civil court” substitute—

““civil court” means—

(a) the Supreme Court when it is dealing with a relevant civil appeal,

(b) the civil division of the Court of Appeal,

(c) the High Court, or

(d) any county court;

“relevant civil appeal” means an appeal to the Supreme Court—

(a) from the High Court in England and Wales under Part 2 of the Administration of Justice Act 1969,

(b) from the Court of Appeal under section 40(2) of the Constitutional Reform Act 2005, or

(c) under section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court) other than an appeal from an order or decision made in the exercise of jurisdiction to punish for criminal contempt of court;”.

(2) This section applies in relation to appeals to the Supreme Court only where the decision, order or judgment that is the subject of the appeal is made or given on or after the day on which this section comes into force.”

After Clause 60

LORD PONSONBY OF SHULBREDE

152

Insert the following new Clause—

“Court discretion to order that victims be informed of the court’s decision and kept appraised of sentence compliance and progress

The court may order that the prosecution make arrangements to—

(a) inform the victim of the court’s decision, and

(b) keep the victim appraised of sentence compliance and progress.”

Clause 61

LORD MCNALLY

152ZA

Page 44, leave out lines 20 to 24 and insert—

“( ) Criminal Procedure Rules may—

(a) prescribe cases in which either duty does not apply, and

(b) make provision about how an explanation under subsection (3) is to be given.”

After Clause 72

BARONESS FINLAY OF LLANDAFF

BARONESS JENKIN OF KENNINGTON

LORD AVEBURY

LORD BROOKE OF ALVERTHORPE

152A

Insert the following new Clause—

“Alcohol monitoring requirement

(1) After section 212 of the Criminal Justice Act 2003, insert—

“212A Alcohol monitoring requirement

(1) In this Part “alcohol monitoring requirement”, in relation to a relevant order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount of no less than £1 and no more than £5 in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and the offender expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the area proposed to be specified in the order under section 216 (local justice area to be specified in relevant order).

(3) A relevant order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to subsection (1)(b).

(5) The Secretary of State may make rules of all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under subsection (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(6) In this section, “monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided.”

(2) Schedule (Alcohol monitoring requirement) makes further amendments to the Criminal Justice Act 2003.”

BARONESS FINLAY OF LLANDAFF

BARONESS JENKIN OF KENNINGTON

LORD BROOKE OF ALVERTHORPE

152B

Insert the following new Clause—

“Youth rehabilitation orders: alcohol monitoring requirement

(1) In Schedule 1 to the Criminal Justice and Immigration Act 2008, after paragraph 24 insert—

“24A Alcohol monitoring requirement

(1) In this Part “alcohol monitoring requirement”, in relation to a youth rehabilitation order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the local justice area proposed to be specified in the order.

(3) A youth rehabilitation order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) Where the offender has not attained the age of 17, the order must provide for the samples to be provided in the presence of an appropriate adult.

(5) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to sub-paragraph (1)(b).

(6) The Secretary of State make rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under sub-paragraph (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(7) In this paragraph—

“appropriate adult” means—

(a) the offender’s parent or guardian or, if the offender is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

(b) a social worker of the local authority, or

(c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police;

“monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided.”

(2) Schedule (Youth rehabilitation orders: Alcohol monitoring requirement) makes further amendments to the Criminal Justice and Immigration Act 2008.”

Clause 80

LORD MCNALLY

152BA

Page 61, line 29, after “Where” insert “, on the commencement day,”

152BB

Page 61, line 31, after “conviction” insert “on or after that day”

152BC

Page 61, line 33, after “Where” insert “, on the commencement day,”

152BD

Page 61, line 35, after “exercised” insert “on or after that day”

152BE

Page 61, line 37, leave out “an offence or” and insert “—

(a) an offence is relevant if, immediately before the commencement day, it is a common law offence or it is contained in an Act or an instrument made under an Act (whether or not the offence is in force at that time), and

(b) a”

152BF

Page 61, line 39, leave out “offence or”

152BG

Page 61, line 42, at beginning insert “the operation of restrictions on”

152BH

Page 62, line 3, leave out from “and” to end of line 4 and insert “provision made in exercise of a relevant power in reliance on subsection (2) does not affect such fines or the operation of such restrictions”

152BJ

Page 62, line 7, leave out from beginning to “for” in line 10 and insert—

“( ) The Secretary of State may by regulations make provision—

(a) for an offence in relation to which subsection (1) is disapplied to be punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations, and

(b) ”

152BK

Page 62, line 12, leave out “a higher” and insert “an”

152BL

Page 62, line 14, after “to” insert “—

(a) ”

152BM

Page 62, line 17, at end insert “, and

(b) a relevant power which, immediately before the commencement day, can be exercised to create an offence punishable on summary conviction by such a fine or maximum fine.”

152BN

Page 62, line 18, after “provision” insert “—

(a) ”

152BP

Page 62, line 19, after “fine” insert “or maximum fine”

152BQ

Page 62, line 19, leave out “a higher” and insert “an”

152BR

Page 62, line 20, at end insert “, and

(b) for the power to be exercisable to create an offence punishable on summary conviction by such a fine or maximum fine.”

152BS

Page 62, line 23, at beginning insert “the operation of restrictions on”

152BT

Page 62, leave out line 26 and insert “and provision made in exercise of a relevant power in reliance on regulations under this section may not include such provision”

152BU

Page 62, line 33, leave out from beginning to “amend” in line 34 and insert “Regulations under this section, and regulations under section 138 making provision in relation to this section, may”

152BV

Page 62, line 45, at end insert—

“( ) Powers under this section—

(a) may be exercised from time to time, and

(b) are without prejudice to other powers to modify fines for relevant offences or fines that may be specified or described when exercising a relevant power.”

152BW

Page 63, line 4, at end insert—

“and references to an offence, power or provision contained in an Act or instrument include an offence, power or provision applied by, or extending to England and Wales by virtue of, an Act or instrument.”

Clause 81

LORD MCNALLY

152BX

Page 63, line 10, leave out “a higher” and insert “an”

152BY

Page 63, line 19, leave out “a higher” and insert “an”

152BYA

Page 63, line 26, at beginning insert “the operation of restrictions on”

152BYB

Page 63, leave out line 29 and insert “and provision made in exercise of a relevant power in reliance on regulations under subsection (4) may not include such provision”

152BYC

Page 63, line 36, leave out from beginning to “amend” and insert “Regulations under this section may”

152BYD

Page 64, line 4, at end insert—

“( ) Powers under this section—

(a) may be exercised from time to time, and

(b) are without prejudice to other powers to modify fines for relevant offences or fines that may be specified or described when exercising a relevant power.”

152BYE

Page 64, line 6, after “power”” insert “, and references to a provision contained in an Act or instrument,”

Clause 82

LORD MCNALLY

152BYF

Page 64, line 8, leave out “higher sums”

152BYG

Page 64, line 10, at end insert “such other sums as the Secretary of State considers appropriate”

After Clause 82

LORD MCNALLY

152BYH

Insert the following new Clause—

“Withdrawal of warrants of control issued by fines officer

(1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.

(2) In paragraph 7(1) (Part 3 of Schedule does not apply on an appeal against a further steps notice) for “or 37(9)” substitute “, 37(9) or 37A(4)”.

(3) In paragraph 37(7) (further steps notice must specify steps that fines officer intends to take) for “intends” substitute “wishes to be able”.

(4) After paragraph 37 insert—

“Issue by fines officer of replacement notice

37A (1) This paragraph applies if—

(a) the fines officer has delivered to P a notice (“the current notice”) that is—

(i) a further steps notice that has not been replaced by a notice under this paragraph, or

(ii) a notice under this paragraph that has not been replaced by a further notice under this paragraph,

(b) P remains liable to pay any part of the sum due, and

(c) the fines officer wishes to be able to take one or more steps listed in paragraph 38 but not specified in the current notice.

(2) The fines officer may deliver to P a notice replacing the current notice.

(3) A notice under this paragraph (a “replacement notice”) must—

(a) state that the fines officer intends to take one or more of the steps listed in paragraph 38,

(b) specify the steps that the fines officer wishes to be able to take, and

(c) be in writing and dated.

(4) P may, within 10 working days from the date of a replacement notice, appeal to the magistrates’ court against it.

(5) If a step is being taken in reliance on a notice at the time when the notice is replaced by a replacement notice, the taking of the step may continue despite the replacement.”

(5) In paragraph 38(1) (list of steps referred to)—

(a) after “37(6)(b)” insert “, 37A(3)(a)”, and

(b) in paragraph (a) (steps include issuing warrants that authorise taking control, and sale, of goods) for “levying” substitute “recovering”.

(6) In paragraph 39 (powers of court on referrals and appeals)—

(a) in sub-paragraph (1)(c)—

(i) after “37(9)” insert “or 37A(4)”, and

(ii) after “further steps notice” insert “or replacement notice”, and

(b) in sub-paragraph (4) after “further steps notice” insert “or replacement notice”.

(7) In paragraph 40 (implementation of notice)—

(a) after “further steps notice”, in both places, insert “or replacement notice”, and

(b) after “may be taken” insert “and retaken”.

(8) After paragraph 40 insert—

“Withdrawal of warrant of control by fines officer

40A (1) This paragraph applies if, in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due.

(2) The fines officer may withdraw the warrant if—

(a) P remains liable to pay any part of the sum due, and

(b) the fines officer is satisfied that the warrant was issued by mistake, including in particular a mistake made in consequence of the non-disclosure or misrepresentation of a material fact.

Discharge of warrant of control by magistrates’ court

40B (1) This paragraph applies if—

(a) in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due, and

(b) the fines officer subsequently refers P’s case to the magistrates’ court under paragraph 42.

(2) The magistrates’ court may discharge the warrant if—

(a) P remains liable to pay any part of the sum due, and

(b) the power conferred by section 142(1) of the Magistrates’ Courts Act 1980 (power of magistrates’ court to re-open cases to rectify mistakes etc) would have been exercisable by the court if the court had issued the warrant.

Duty of fines officer if warrant of control withdrawn or discharged

40C (1) This paragraph applies if condition A or B is met.

(2) Condition A is that the fines officer has withdrawn a warrant of control under paragraph 40A.

(3) Condition B is that—

(a) in taking a step specified in a further steps notice or replacement notice, the fines officer has issued a warrant of control for the purpose of recovering the sum due,

(b) the fines officer has referred P’s case to the magistrates’ court under paragraph 42,

(c) the magistrates’ court has discharged the warrant of control under paragraph 40B(2), and

(d) the magistrates’ court has not discharged the collection order or exercised any of its powers under paragraph 42(2).

(4) If P remains liable to pay any part of the sum due, the fines officer must—

(a) take (or retake) one or more of the steps specified in the further steps notice or replacement notice that was the last notice to be delivered to P under paragraph 37 or 37A before the warrant of control was issued, or

(b) deliver to P a replacement notice and take one or more of the steps specified in that notice, or

(c) refer P’s case to, or back to, the magistrates’ court under paragraph 42.””

After Clause 83

BARONESS CORSTON

BARONESS GOULD OF POTTERNEWTON

LORD RAMSBOTHAM

152BYJ*

Insert the following new Clause—

“CHAPTER 1A Women’s Criminal Justice Policy Unit

Women’s Criminal Justice Policy Unit

(1) There shall be a Women’s Justice Policy Unit (“the Policy Unit”) within the Ministry of Justice.

(2) The staff of the Policy Unit shall comprise officials from the Ministry of Justice and officials seconded from—

(a) the Department of Health;

(b) the Department of Communities and Local Government;

(c) the Department of Work and Pensions; and

(d) the Home Office.

(3) The Policy Unit shall report and be answerable to an inter-ministerial committee, including the Equalities Ministers, who shall be responsible for strategic oversight of the Policy Unit.

(4) The functions of the Policy Unit shall include—

(a) the development and implementation of a government strategy (“the strategy”) for women offenders and for women at risk of offending; and

(b) review of the impact of government policies on women offenders and women at risk of offending.

(5) The policies which the Policy Unit shall review under subsection (4)(b) shall include but not be limited to policies in the areas of—

(a) the delivery of appropriate and effective services to women in the criminal justice system including in the areas of—

(i) the rehabilitation of offenders;

(ii) sentencing, including youth sentences and the imposition of community orders;

(iii) employment and treatment of prisoners; and

(b) housing;

(c) mental health; and

(d) children and families.

(6) The Ministers responsible for the strategic oversight of the Policy Unit shall lay before Parliament at least annually a report on the Policy Unit’s exercise of its functions.”

LORD RAMSBOTHAM

152BYK*

Insert the following new Clause—

“CHAPTER 1A Young adult offenders strategy

Young Adult Offenders Strategy

(1) The Secretary of State shall in each year—

(a) publish a strategy designed to promote the just and appropriate treatment of young adult offenders in the criminal justice process, and

(b) appoint a person with responsibility for leading and co-ordinating the implementation of that strategy.

(2) Publication under subsection (1)(a) shall be effected in such manner as the Secretary of State considers appropriate for the purpose of bringing the strategy to the attention of persons engaged in the administration of criminal justice and of the public.

(3) For the purposes of this section “young adult offender” means a person who is aged at least 18 but under 21 when convicted.”

Before Schedule 10

BARONESS FINLAY OF LLANDAFF

BARONESS JENKIN OF KENNINGTON

LORD AVEBURY

LORD BROOKE OF ALVERTHORPE

152C

Insert the following new Schedule—

“Alcohol monitoring requirement

1 (1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 177 (community orders)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”.

(3) In section 182 (licence conditions)—

(a) in subsection (1), after paragraph (f), insert—

“(fa) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement.”.

(4) In section 185 (intermittent custody: licence conditions), in subsection (1), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement.”

(5) In section 190 (imposition of requirements by suspended sentence order—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”,

(c) in subsection (4) after “an alcohol treatment requirement,” insert “an alcohol monitoring requirement”.

(6) In section 238 (power of court to recommend licence conditions), after subsection (1), insert—

“(1A) That may include a recommendation that the offender should be required to refrain from consuming alcohol, including a requirement that the offender submit to testing.”.

(7) In section 250 (licence conditions), after subsection (2)(b)(ii), insert “, and

(iii) a condition requiring the prisoner to refrain from consuming alcohol, including a requirement that the prisoner must submit to testing.”.

2 (1) Schedule 8 (breach, revocation or amendment of community order) is amended in accordance with this paragraph.

(2) In paragraph 5 (duty to give warning), in sub-paragraph (1), after the words “community order”, insert “, other than a community order imposing an alcohol monitoring requirement”.

(3) After paragraph 6, insert—

“Breach of an alcohol monitoring requirement

6A (1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement—

(a) a constable may arrest the offender without warrant,

(b) and the responsible officer may cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”.

3 (1) Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction is amended in accordance with this paragraph.

(2) In paragraph 4 (duty to give warning), in sub-paragraph (1), after “a suspended sentence order”, insert “, other than an alcohol monitoring requirement”.

(3) After paragraph 5, insert—

“Breach of an alcohol monitoring requirement

5A (1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement of a suspended sentence order—

(a) a constable may arrest the offender without warrant, and

(b) the responsible officer may cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any suspended sentence order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”

4 In Schedule 14 (persons to whom copies of requirements to be provided in particular cases), after the entry for “an alcohol treatment requirement”, insert—

“An alcohol monitoring requirement Any person specified under section 212A(1).”.”

BARONESS FINLAY OF LLANDAFF

BARONESS JENKIN OF KENNINGTON

LORD BROOKE OF ALVERTHORPE

152D

Insert the following new Schedule—

“Youth rehabilitation orders: alcohol monitoring requirement

1 (1) The Criminal Justice and Immigration Act 2008 is amended as follows.

(2) In section 1 (youth rehabilitation orders), after subsection (1)(n), insert—

“(na) an alcohol monitoring requirement (see paragraph 24A of that Schedule,”.

2 (1) Schedule 1 (further provision about youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 1 (imposition of requirements), after sub-paragraph (k), insert—

“(ka) paragraph 24A(2) (alcohol monitoring requirement), and”.

(3) In paragraph 34(4) (provision of copies of orders), after the entry for “an intoxicating substance treatment requirement”, insert—

“An alcohol monitoring requirement Any person specified under section 24A(1).”.

3 (1) Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 3(1) (duty to give warning), after “youth rehabilitation order”, insert “, other than an order imposing an alcohol monitoring requirement,”.

(3) After paragraph 4, insert—

“Breach of an alcohol monitoring requirement

4A If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement—

(a) a constable may arrest the offender without warrant, and

(b) the responsible officer may cause an information to be laid before a justice of the peace in respect of that failure.”.

(4) In paragraph 21(1) (warrants) after “by virtue of this Schedule” insert “or under paragraph 4A”.”

Schedule 11

LORD MCNALLY

152E*

Page 206, line 3, leave out “the United Kingdom” and insert “England and Wales”

152F*

Page 206, line 26, leave out “the United Kingdom” and insert “England and Wales”

152G*

Page 206, line 28, leave out “the United Kingdom” and insert “England and Wales”

152H*

Page 206, line 36, after “1969” insert “or to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948”

152J*

Page 206, line 38, leave out “the United Kingdom” and insert “England and Wales”

Clause 88

LORD MCNALLY

152K*

Page 67, line 44, leave out sub-paragraphs (i) to (iii) and insert “on bail or subject to a custodial remand.”

152L*

Page 68, line 15, leave out “87(1)” and insert “87(1) or (5)”

152M*

Page 68, line 16, after “means” insert “—

(a) ”

152N*

Page 68, line 17, at end insert “, or

(b) in relation to an offence of which a child has been accused or convicted outside England and Wales, an offence equivalent to an offence that, in England and Wales, is punishable in the case of an adult with imprisonment;”

152P*

Page 68, line 24, leave out subsection (9) and insert—

“(9) References in this Chapter to a child being subject to a custodial remand are to the child being—

(a) remanded to local authority accommodation or youth detention accommodation, or

(b) subject to a form of custodial detention in a country or territory outside England and Wales while awaiting trial or sentence in that country or territory or during a trial in that country or territory.

(10) The reference in subsection (9) to a child being remanded to local authority accommodation or youth detention accommodation includes—

(a) a child being remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969, and

(b) a child being remanded to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948.”

Clause 89

LORD MCNALLY

152Q*

Page 68, line 38, leave out “the United Kingdom” and insert “England and Wales”

152R*

Page 69, line 11, leave out subsections (8) to (10)

Clause 90

LORD MCNALLY

152S*

Page 69, line 33, leave out “87(1)” and insert “87(1) or (5)”

Clause 93

LORD MCNALLY

152T*

Page 71, line 44, leave out from “while” to “, and” in line 45 and insert “subject to a custodial remand”

152U*

Page 72, line 10, leave out paragraphs (a) to (c) and insert “on bail or subject to a custodial remand.”

152V*

Page 72, line 37, leave out “References in this section” and insert “The reference in subsection (5)(b)”

152W*

Page 72, line 38, leave out “include” and insert “includes—

(a) “

152X*

Page 72, line 40, at end insert “, and

(b) a child being remanded to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948.”

Clause 94

LORD MCNALLY

152Y*

Page 73, line 7, leave out “the United Kingdom” and insert “England and Wales”

Clause 95

LORD MCNALLY

152YA*

Page 74, line 2, leave out “the United Kingdom” and insert “England and Wales”

Schedule 12

LORD MCNALLY

152YB*

Page 212, line 26, leave out “the United Kingdom” and insert “England and Wales”

152YC*

Page 213, line 26, leave out from “subsection” to end of line and insert “(3)(b), for “to local authority accommodation” substitute “subject to a custodial remand”.”

152YD*

Page 213, leave out lines 28 to 38 and insert—

“(11) 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 convicted outside England and Wales, and

(b) which is equivalent to an offence that is punishable with imprisonment in England and Wales.

(12) The reference in subsection (3)(b) to a child or young person being subject to a custodial remand is to the child or young person being—

(a) remanded to local authority accommodation or youth detention accommodation under section 85 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 to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948, or

(c) subject to a form of custodial detention in a country or territory outside England and Wales while awaiting trial or sentence in that country or territory or during a trial in that country or territory.”

Clause 101

LORD MCNALLY

152YE*

Page 77, line 42, leave out “(and see section 89(8))”

152YF*

Page 78, line 18, leave out “89(9)” and insert “88(9)”

152YG*

Page 78, line 23, leave out “88(9), 89(10)” and insert “88(10)”

Schedule 13

LORD MCNALLY

152YH

Page 218, leave out lines 10 and 11 and insert—

“( ) Section 246 (crediting of time in service custody: terms of imprisonment and detention) is amended as follows.

( ) For subsections (2) to (5) substitute—”

152YJ

Page 218, line 25, at end insert—

“( ) In subsection (6)—

(a) omit “and” at the end of paragraph (a), and

(b) after paragraph (b) insert “, and

“(c) a determinate sentence of detention in a young offender institution,””

152YK

Page 219, line 5, leave out from “rules)” to end of line 7 and insert “in paragraph (g) omit “or 246”.”

Schedule 15

LORD MCNALLY

152YL

Page 223, line 10, at end insert—

“( ) Part 1 of Schedule 13 and section 104(13) so far as it relates to that Part (but this is subject to sub-paragraph (3)).”

152YM

Page 223, line 15, at end insert “or section 246(2) of the Armed Forces Act 2006”

152YN

Page 223, line 17, leave out “section 240ZA of the 2003 Act” and insert “the new provisions”

152YP

Page 223, line 18, leave out “section 240ZA” and insert “the new provisions”

152YQ

Page 223, line 20, at end insert—

“( ) In sub-paragraph (3) “the new provisions” means—

(a) where the direction was given under section 240(3) of the 2003 Act, section 240ZA of that Act;

(b) where the direction was given under section 246(2) of the Armed Forces Act 2006, section 246 of that Act as amended by Part 1 of Schedule 13.”

Before Clause 116

LORD LLOYD OF BERWICK

LORD JUDD

LORD MORRIS OF ABERAVON

153

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, after consulting 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 116

LORD MCNALLY

153A*

Transpose Clause 116 to after Clause 117

Clause 117

LORD MCNALLY

153B*

Page 93, line 39, leave out “seriousness” and insert “sentence”

153C*

Page 94, line 4, leave out from beginning to “a” in line 6 and insert “The sentence condition is that, but for this section, the court would, in compliance with sections 152(2) and 153(2), impose”

153D*

Page 94, line 39, leave out “220 or 222” and insert “219A, 220, 221A or 222”

LORD LLOYD OF BERWICK

154

Leave out Clause 117

Schedule 18

LORD MCNALLY

154A*

Page 245, line 16, leave out “and 226A” and insert “, 226A and 246A”

154B*

Page 245, leave out lines 20 to 31 and insert—

“46 (1) Any offence that—

(a) was abolished (with or without savings) before the coming into force of this Schedule, and

(b) would, if committed on the relevant day, have constituted an offence specified in Part 1 of this Schedule.

(2) “Relevant day”, in relation to an offence, means—

(a) for the purposes of this paragraph as it applies for the purposes of section 246A(2), the day on which the offender was convicted of that offence, and

(b) for the purposes of this paragraph as it applies for the purposes of sections 224A(4) and 226A(2), the day on which the offender was convicted of the offence referred to in section 224A(1)(a) or 226A(1)(a) (as appropriate).”

154C*

Page 245, line 34, leave out “and 226A” and insert “, 226A and 246A”

154D*

Page 246, line 15, leave out “done” and insert “committed”

Schedule 19

LORD MCNALLY

154E*

Page 247, line 11, leave out paragraph 9

154F*

Page 247, line 30, at end insert—

“13A In section 156 (pre-sentence reports and other requirements) after subsection (8) insert—

“(9) References in subsections (1) and (3) to a court forming the opinions mentioned in sections 152(2) and 153(2) include a court forming those opinions for the purposes of section 224A(3).””

154G*

Page 248, line 2, at end insert—

“15A In section 224 (meaning of “specified offence” etc) in subsection (2)(b) for “225” substitute “224A”.”

154H*

Page 249, line 5, after “obliged” insert “by that section”

154J*

Page 249, line 5, leave out “under that section”

154K*

Page 249, line 21, after “life” insert “under section 94 of the Sentencing Act”

154L*

Page 249, line 24, at end insert—

“(3) In section 305(4) (interpretation of Part 12) in paragraph (bb) (inserted by paragraph 21 of this Schedule) after “imprisonment for life” insert “or, if the person is aged at least 18 but under 21, custody for life”.”

Clause 118

LORD MCNALLY

154M*

Page 96, line 11, at end insert—

“(10) In subsections (1)(a) and (8), references to a specified offence, a specified violent offence and a specified sexual offence include an offence that—

(a) was abolished before 4 April 2005, and

(b) would have constituted such an offence if committed on the day on which the offender was convicted of the offence.

(11) Where the offence mentioned in subsection (1)(a) was committed before 4 April 2005—

(a) subsection (1)(c) has effect as if the words “by section 224A or 225(2)” were omitted, and

(b) subsection (6) has effect as if the words “in compliance with section 153(2)” were omitted.”

154N*

Page 96, line 45, at end insert—

“(8) In subsections (1)(a) and (6), references to a specified offence, a specified violent offence and a specified sexual offence include an offence that—

(a) was abolished before 4 April 2005, and

(b) would have constituted such an offence if committed on the day on which the offender was convicted of the offence.

(9) Where the offence mentioned in subsection (1)(a) was committed before 4 April 2005—

(a) subsection (1) has effect as if paragraph (c) were omitted, and

(b) subsection (4) has effect as if the words “in compliance with section 153(2)” were omitted.”

154P*

Page 97, line 1, leave out subsection (2)

Schedule 20

LORD MCNALLY

154Q*

Page 250, line 5, leave out paragraph 4 and insert—

“4 (1) Section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence imposed as well as driving disqualification) is amended as follows.

(2) In subsection (4)(e)—

(a) for “227” substitute “226A”,

(b) for “half” substitute “two-thirds of”, and

(c) for “227(2C)(a)” substitute “226A(5)(a)”.

(3) In subsection (4)(f)—

(a) for “228” substitute “226B”,

(b) for “half” substitute “two-thirds of”, and

(c) for “228(2B)(a) substitute “226B(3)(a)”.

(4) In subsection (8) omit “or 247(2)”.

(5) In subsection (9) omit paragraph (b).”

154R*

Page 250, line 19, at end insert—

“Crime (Sentences) Act 1997 (c.43)

4A In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) in paragraph 9(2)(a) after “244,” insert “246A,”.

Crime and Disorder Act 1998 (c.37)

4B In section 51A of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons) in subsection (3)(d) for “226(3) or 228(2)” substitute “226B”.”

154S*

Page 250, line 21, at end insert—

“5A In section 3A (committal for sentence of dangerous adult offenders) in subsection (2) for “225(3) or 227(2)” substitute “226A”.

5B In section 3C (committal for sentence of dangerous young offenders) in subsection (2) for “226(3) or 228(2)” substitute “226B”.”

154T*

Page 250, line 23, at end insert—

“6A (4) Section 82A (determination of tariffs of life prisoners) is amended as follows.

(5) Omit subsection (4A).

(6) In subsection (7) for the definition of “life sentence” substitute—

““life sentence” means a sentence mentioned in subsection (2) of section 34 of the Crime (Sentences) Act 1997 other than a sentence mentioned in paragraph (d) or (e) of that subsection.””

154U*

Page 250, line 40, leave out “after “226” insert “, 226B”” and insert “for “228” substitute “226B””

154V*

Page 250, line 41, leave out paragraph 9 and insert—

“9 (1) Section 106A (interaction of detention and training orders with sentences of detention) is amended as follows.

(2) In subsection (1), in paragraph (b) of the definition of “sentence of detention”, after “section” insert “226B or”.

(3) In subsection (6)—

(a) before “228” insert “226B or”, and

(b) after “Board under” insert “subsection (5)(b) of section 246A or (as the case may be)”.”

154W*

Page 250, line 43, at end insert—

“9A (1) Section 147A (extension of driving disqualification where custodial sentence also imposed) is amended as follows.

(2) In subsection (4)(e)—

(a) for “227” substitute “226A”,

(b) for “half” substitute “two-thirds of”, and

(c) for “227(2C)(a)” substitute “226A(5)(a)”.

(3) In subsection (4)(f)—

(a) for “228” substitute “226B”,

(b) for “half” substitute “two-thirds of”, and

(c) for “228(2B)(a) substitute “226B(3)(a)”.

(4) In subsection (8) omit “or 247(2)”.

(5) In subsection (9) omit paragraph (b).”

154X*

Page 251, line 13, leave out “before “227(2)” insert “226A(4), 226B(2)”” and insert “for “227(2) and 228(2)” substitute “226A(4) and 226B(2)””

154Y*

Page 251, line 14, leave out paragraph 16 and insert—

“16 (1) Section 156 (pre-sentence reports and other requirements) is amended as follows.

(2) In subsection (3)(a) for “section 227(1)(b) or section 228(1)(b)(i)” substitute “section 226A(1)(b) or section 226B(1)(b)”.

(3) After subsection (9) (inserted by paragraph 13A of Schedule 19) insert—

“(10) The reference in subsection (1) to a court forming the opinion mentioned in section 153(2) includes a court forming that opinion for the purposes of section 226A(6) or 226B(4).”

154YA*

Page 251, line 15, at end insert—

“16A In the heading of section 225 (life sentence or imprisonment for public protection for serious offences) omit “or imprisonment for public protection”.

16B In the heading of section 226 (detention for life or detention for public protection for serious offences by those aged under 18) omit “or detention for public protection”.

16C In section 231 (appeals where convictions set aside) in subsection (1)—

(a) in paragraph (a) after “225(3)” insert “, 226A”,

(b) in paragraph (b)—

(i) before “227(2A)” insert “226A(2) or”, and

(ii) before “227(2B)” insert “226A(3) or”, and

(c) in paragraph (c) after “may be)” insert “226A(2) or”.

16D Omit section 232 (certificates of convictions for the purposes of sections 225 and 227).”

154YB*

Page 251, line 21, at end insert—

“19A In section 330 (orders and rules) in subsection (5)(a) omit—

(a) “227(6),”, and

(b) “228(7)”.

19B Omit Schedule 15A (offences specified for the purposes of sections 225(3A) and 227(2A)).”

154YC*

Page 251, line 26, at end insert—

“Counter-Terrorism Act 2008 (c.28)

20A In section 45(1)(a) of the Counter-Terrorism Act 2008 (sentences or orders triggering notification requirements under Part 4 of that Act) after sub-paragraph (vi) (but before the “or” at the end of that sub-paragraph) insert—

“(via) detention under section 226B of that Act (extended sentence of detention for certain dangerous offenders aged under 18),”.

Coroners and Justice Act 2009 (c.25)

20B (1) Section 126 of the Coroners and Justice Act 2009 (determination of tariffs etc) is amended as follows.

(2) In subsection (1)—

(a) omit paragraphs (a) and (b),

(b) in paragraph (c) for “227 of that Act” substitute “226A of the Criminal Justice Act 2003”, and

(c) in paragraph (d) for “228” substitute “226B”.

(3) In subsection (2)—

(a) omit paragraph (b),

(b) in paragraph (c) for “227(3) of that Act” substitute “226A(6) of the Criminal Justice Act 2003”, and

(c) in paragraph (d) for “228(3)” substitute “226B(4)”.

(4) In subsection (4) for the words from “has” to the end substitute “means a sentence mentioned in subsection (2) of section 34 of the Crime (Sentences) Act 1997 other than a sentence mentioned in paragraph (d) or (e) of that subsection”.

Consequential repeals

20C In consequence of amendments made by section 116, 118 or 119 or this Schedule—

(a) in the Criminal Justice Act 2003, omit paragraph 4 of Schedule 18, and

(b) in the Criminal Justice and Immigration Act 2008 omit—

(i) sections 13, 14, 15, 16 and 18(2);

(ii) Schedule 5;

(iii) in Schedule 26, paragraph 76.”

154YD*

Transpose Schedule 20 to after Schedule 21

Clause 119

LORD MCNALLY

154YE*

Page 97, line 18, leave out “Part 1” and insert “Parts 1 to 3”

154YF*

Page 97, line 20, leave out “that Part” and insert “those Parts”

After Clause 119

LORD MCNALLY

154YG*

Insert the following new Clause—

“Sections 116, 118 and 119: consequential and transitory provision

Schedule 20 (abolition of certain sentences for dangerous offenders and new extended sentences: consequential and transitory provision) has effect.”

Schedule 21

LORD MCNALLY

154YH*

Page 252, line 18, leave out paragraph 2 and insert—

“2 (1) Section 237 (meaning of “fixed-term prisoner” etc) is amended as follows.

(2) In subsection (1)(b), before “227” insert “226A, 226B,”.

(3) In subsection (3), before “227” insert “226A or”.”

154YJ*

Page 252, line 21, leave out “after “Sentencing Act” insert “or section 226B”” and insert “for “228” substitute “226B””

154YK*

Page 252, line 24, leave out paragraphs (a) and (b) and insert “, before “227” insert “226A, 226B,”.”

154YL*

Page 252, line 25, at end insert—

“4A (1) Section 246 (power to release prisoners on licence) is amended as follows.

(2) In subsection (4)(a), after “section” insert “226A,”.

(3) In subsection (6), in the definition of “term of imprisonment”, before “227” insert “226A, 226B,”.”

154YM*

Page 252, line 28, after “before” insert “the first”

154YN*

Page 252, line 29, leave out paragraph (b) and insert—

“(b) before the second “227” insert “226A, 226B,”.”

154YP*

Page 252, line 39, at end insert—

“6A In section 258 (early release of fine defaulters and contemnors), in subsection (3A), before “227” insert “226A, 226B,”.”

154YQ*

Page 253, line 24, leave out “before “228” insert “226B or”” and insert “before “227” insert “226A, 226B,””

154YR*

Page 253, line 33, leave out sub-paragraph (3) and insert—

“(3) In subsection (7) before “227” insert “226A, 226B,”.”

154YS*

Page 253, line 35, leave out “before “228” insert “226B or”” and insert “before “227” insert “226A, 226B,””

Before Clause 120

LORD MCNALLY

154YT*

Insert the following new Clause—

“Dangerous offenders subject to service law etc

Schedule (Dangerous offenders subject to service law etc) (dangerous offenders subject to service law etc) has effect.”

Clause 120

LORD RAMSBOTHAM

154YU*

Page 98, line 43, at end insert—

“( ) The Secretary of State shall—

( ) delegate responsibility for implementing release plans for IPP prisoners, and

( ) make a Statement to both Houses of Parliament setting out to whom they have delegated this responsibility.

( ) The Secretary of State shall, once the work is completed and within one year of enactment, report to both Houses of Parliament when all release plans for IPP prisoners are completed.”

LORD MCNALLY

154YV*

Page 98, line 46, at end insert “(including one imposed as a result of section 219A or 221A of the Armed Forces Act 2006)”

After Clause 120

BARONESS GALE

155

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.”

156

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.”

After Clause 121

LORD RAMSBOTHAM

156A*

Insert the following new Clause—

“Benefits payments to prisoners

(1) Regulations shall provide that a person undergoing imprisonment or detention in legal custody who, at the time that imprisonment or custody commences, is in receipt of any of the qualifying benefits, shall be assessed, during his or her time in imprisonment or custody, for eligibility for those benefits at the time of his or her imprisonment or custody.

(2) For the purposes of this section, the qualifying benefits are—

(a) universal credit;

(b) income support;

(c) personal independence payment, to the extent provided for in regulations made under section 84 (prisoners) of the Welfare reform Act 2012; and

(d) any other benefits provided for in regulations made under this section.

(3) Regulations made under this section shall provide that the assessment required under subsection (1) shall commence as soon as a person is received into imprisonment or custody.

(4) Regulations shall in particular provide that a person appointed by the Secretary of State shall record, at the time a person is received into imprisonment or custody, details of any qualifying benefits which are in payment at that time, together with any personal information needed to establish the person’s identity, including but not limited to their national insurance number.

(5) An assessment of eligibility under subsection (1) shall be completed in such time as to ensure that the person assessed receives payment of any benefits for which he is assessed as being eligible no later than one week after his release from imprisonment or custody.

(6) Regulations under this section shall be made by the Secretary of State and shall be subject to the affirmative resolution procedure.”

Before Schedule 22

LORD MCNALLY

156B*

Insert the following new Schedule—

“Dangerous offenders subject to service law etc Part 1 Sentences for dangerous offenders subject to service law etc Armed Forces Act 2006 (c. 52)

1 The Armed Forces Act 2006 is amended as follows.

2 After section 218 and the italic heading “Required or discretionary sentences for particular offences” insert—

“218A Life sentence for second listed offence

(1) This section applies where—

(a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct);

(b) the corresponding offence under the law of England and Wales is an offence listed in Part 1 of Schedule 15B to the 2003 Act;

(c) the offence was committed after this section comes into force; and

(d) the sentence condition and the previous offence condition are met.

(2) Section 224A(2) of the 2003 Act applies in relation to the offender.

(3) In section 224A(2)(a) of that Act as applied by subsection (2)—

(a) the reference to “the offence” is to be read as a reference to the offence under section 42; and

(b) the reference to “the previous offence referred to in subsection (4)” is to be read as a reference to the previous offence referred to in subsection (5) of this section.

(4) The sentence condition is that, but for this section, the Court Martial would, in compliance with sections 260(2) and 261(2), impose a sentence of imprisonment for 10 years or more, disregarding any extension period imposed under section 226A of the 2003 Act as applied by section 219A of this Act.

(5) The previous offence condition is that—

(a) at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in Schedule 15B to the 2003 Act (“the previous offence”); and

(b) a relevant life sentence or a relevant sentence of imprisonment or detention for a determinate period was imposed on the offender for the previous offence.

(6) A sentence is relevant for the purposes of subsection (5)(b) if it would be relevant for the purposes of section 224A(4)(b) of the 2003 Act (see subsections (5) to (10) of that section).

(7) A sentence required to be imposed by section 224A(2) of that Act as a result of this section is not to be regarded as a sentence fixed by law.”

3 (1) Section 219 (dangerous offenders aged 18 or over) is amended as follows.

(2) For subsection (2) substitute—

“(2) Section 225(2) of the 2003 Act applies in relation to the offender.”

(3) In subsection (3) omit “and (3A)”.

4 In the heading of that section for “Dangerous” substitute “Life sentence for certain dangerous”.

5 After that section insert—

“219A Extended sentence for certain violent or sexual offenders aged 18 or over

(1) This section applies where—

(a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section);

(b) the corresponding offence under the law of England and Wales is a specified offence;

(c) the court is of the required opinion (defined by section 223);

(d) the court is not required to impose a sentence of imprisonment for life by section 224A(2) of the 2003 Act (as applied by section 218A of this Act) or section 225(2) of that Act (as applied by section 219 of this Act); and

(e) condition A or B is met.

(2) Condition A is that, at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in Schedule 15B to the 2003 Act.

(3) Condition B is that, if the court were to impose an extended sentence of imprisonment under section 226A of the 2003 Act as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years.

(4) Subsections (4) to (9) of section 226A of the 2003 Act apply in relation to the offender.

(5) In section 226A(4) to (9) of the 2003 Act as applied by this section—

(a) the reference in subsection (6) to section 153(2) of the 2003 Act is to be read as a reference to section 261(2) of this Act;

(b) the reference in subsection (7) to further specified offences includes a reference to further acts or omissions that would be specified offences if committed in England and Wales;

(c) the reference in subsection (8)(a) to a specified violent offence is to be read as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified violent offence; and

(d) the reference in subsection (8)(b) to a specified sexual offence is to be read as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified sexual offence.

(6) In this section “specified offence”, “specified sexual offence” and “specified violent offence” have the meanings given by section 224 of the 2003 Act.”

6 Omit section 220 (certain violent or sexual offenders aged 18 or over).

7 In section 221 (dangerous offenders aged under 18) for subsection (2) substitute—

“(2) Section 226(2) of the 2003 Act applies in relation to the offender.”

8 In the heading of that section for “Dangerous” substitute “Life sentence for certain dangerous”.

9 After that section insert—

“221A Extended sentence for certain violent or sexual offenders aged under 18

(1) This section applies where—

(a) a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section);

(b) the corresponding offence under the law of England and Wales is a specified offence;

(c) the court is of the required opinion (defined by section 223);

(d) the court is not required by section 226(2) of the 2003 Act (as applied by section 221 of this Act) to impose a sentence of detention for life under section 209 of this Act; and

(e) if the court were to impose an extended sentence of detention under section 226B of the 2003 Act as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years.

(2) Subsections (2) to (7) of section 226B of the 2003 Act apply in relation to the offender.

(3) In section 226B(2) to (7) of the 2003 Act as applied by this section—

(a) the reference in subsection (4) to section 153(2) of the 2003 Act is to be read as a reference to section 261(2) of this Act;

(b) the reference in subsection (5) to further specified offences includes a reference to further acts or omissions that would be specified offences if committed in England and Wales;

(c) the reference in subsection (6)(a) to a specified violent offence is to be read as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified violent offence; and

(d) the reference in subsection (6)(b) to a specified sexual offence is to be read as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified sexual offence.

(4) In this section “specified offence”, “specified sexual offence” and “specified violent offence” have the meanings given by section 224 of the 2003 Act.”

10 Omit section 222 (offenders aged under 18: certain violent or sexual offences).

Part 2 Consequential provision Juries Act 1974 (c. 23)

11 In Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from jury service) in paragraph 6(d) after “2003” insert “(including such a sentence imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006)”.

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

12 In article 6(1) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (sentences excluded from rehabilitation under the Order) in sub-paragraph (g)(iii) after “section” insert “226A, 226B,”.

Criminal Justice Act 1982 (c. 48)

13 In section 32 of the Criminal Justice Act 1982 (early release of prisoners) in subsection (1A)—

(a) before “227” insert “226A or”, and

(b) after “219” insert “, 219A”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

14 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

15 In section 99 (conversion of sentence of detention to sentence of imprisonment) in subsection (6)—

(a) after “226” insert “, 226B”, and

(b) after “221” insert “, 221A”.

16 In section 106A(1) (interaction with sentence of detention) in the definition of “sentence of detention”—

(a) before “228”, in the second place it appears, insert “226B or”, and

(b) before “222” insert “221A or”.

Criminal Justice and Court Services Act 2000 (c. 43)

17 The Criminal Justice and Court Services Act 2000 is amended as follows.

18 In section 62 (release on licence etc: conditions as to monitoring) in subsection (5)(f) after “221” insert “, 221A”.

19 In section 64 (release on licence etc: drug testing requirements) in subsection (5)(f) after “221” insert “, 221A”.

Sexual Offences Act 2003 (c. 42)

20 In section 131 of the Sexual Offences Act 2003 (young offenders: application) in paragraph (l) before “222” insert “221A or”.

Criminal Justice Act 2003 (c. 44)

21 In section 237 of the Criminal Justice Act 2003 (meaning of fixed term prisoner etc) in subsection (1B) after paragraph (b) insert—

“(ba) references to a sentence under section 226A of this Act include a sentence under that section passed as a result of section 219A of the Armed Forces Act 2006;

(bb) references to a sentence under section 226B of this Act include a sentence under that section passed as a result of section 221A of the Armed Forces Act 2006;”.

Armed Forces Act 2006 (c. 52)

22 The Armed Forces Act 2006 is amended as follows.

23 (1) Section 188 (consecutive custodial sentences) is amended as follows.

(2) In subsection (2) in paragraph (c)—

(a) for “228” substitute “226B”, and

(b) for “222” substitute “221A”.

(3) In subsection (4) in paragraph (c)—

(a) before “228” insert “226B or”, and

(b) before “222” insert “221A or”.

24 In section 209 (offenders aged under 18 convicted of certain serious offences: power to detain for specified period) in subsection (7)—

(a) for “section 226(2)” substitute “sections 224A and 226(2)”, and

(b) for “section 221(2)” substitute “sections 218A and 221(2)”.

25 In section 211 (offenders aged under 18: detention and training orders) in subsection (4)—

(a) after “218,” insert “218A,”, and

(b) for “222” substitute “221A”.

26 In section 221(3) (dangerous offenders aged under 18) after “as applied” insert “by”.

27 In section 223 (the “required opinion” for the purposes of sections 219 to 222) in subsection (1)—

(a) for “220(1)” substitute “219A(1)”, and

(b) for “222(1)” substitute “221A(1)”.

28 In the heading of that section for “222” substitute “221A”.

29 For section 224 (place of detention under certain sentences) substitute—

“224 Place of detention under certain sentences

Section 235 of the 2003 Act (detention under sections 226, 226B and 228) applies to a person sentenced to be detained under section 226(3), 226B or 228 of that Act as applied by section 221, 221A or 222 of this Act.”

30 (1) Section 228 (appeals where previous convictions set aside) is amended as follows.

(2) For subsection (1) substitute—

“(1A) Subsection (3) applies in the cases described in subsections (1B) to (2).

(1B) The first case is where—

(a) a sentence has been imposed on any person under section 224A of the 2003 Act (as applied by section 218A of this Act);

(b) a previous conviction of that person has been subsequently set aside on appeal; and

(c) without that conviction, the previous offence condition mentioned in section 218A(1)(d) would not have been met.

(1C) The second case is where—

(a) a sentence has been imposed on any person under section 225(3) of the 2003 Act (as applied by section 219(2) of this Act);

(b) the condition in section 225(3A) of the 2003 Act was met but the condition in section 225(3B) of that Act was not; and

(c) any previous conviction of the person without which the condition in section 225(3A) would not have been met is subsequently set aside on appeal.

(1D) The third case is where—

(a) a sentence has been imposed on any person under section 226A of the 2003 Act (as applied by section 219A of this Act);

(b) the condition in section 219A(2) was met, but the condition in section 219A(3) was not; and

(c) any previous conviction of the person without which the condition in section 219A(2) would not have been met is subsequently set aside on appeal.

(1E) The fourth case is where—

(a) a sentence has been imposed on any person under section 227(2) of the 2003 Act (as applied by section 220(2) of this Act);

(b) the condition in section 227(2A) of the 2003 Act was met but the condition in section 227(2B) of that Act was not; and

(c) any previous conviction of the person without which the condition in section 227(2A) would not have been met is subsequently set aside on appeal.”

(3) In subsection (2)—

(a) for “Subsection (3) also applies” substitute “The fifth case is”; and

(b) in paragraph (a) after “226” insert “of this Act”.

(4) After subsection (3) insert—

“(3A) Subsection (3B) applies where—

(a) a sentence has been imposed on a person under section 224A of the 2003 Act (as applied by section 218A of this Act);

(b) a previous sentence imposed on that person has been subsequently modified on appeal; and

(c) taking account of that modification, the previous offence condition mentioned in section 218A(1)(d) would not have been met.

(3B) An application for leave to appeal against the sentence mentioned in subsection (3A)(a) may be lodged at any time within 29 days beginning with the day on which the previous sentence was modified.”

(5) In subsection (4) for “Subsection (3) has” substitute “Subsections (3) and (3B) have”.

31 In section 237 (duty to have regard to the purposes of sentencing etc) in subsection (3)(b)—

(a) after “sections” insert “218A,”, and

(b) before “225(2)” insert “224A,”.

32 In section 246 (crediting of time in service custody: terms of imprisonment and detention) in subsection (6)(b)—

(a) before “228” insert “226B or”, and

(b) before “222” insert “221A or”.

33 (1) Section 256 (pre-sentence reports) is amended as follows.

(2) In subsection (1)(c)—

(a) for “220(1)” substitute “219A(1)”, and

(b) for “222(1)” substitute “221A(1)”.

(3) After subsection (9) insert—

“(10) The reference in subsection (1)(a) to a court forming any such opinion as is mentioned in section 260(2) or 261(2) includes a court forming such an opinion for the purposes of section 218A(4).”

34 (1) Section 260 (discretionary custodial sentences: general restrictions) is amended as follows.

(2) In subsection (1)(b)—

(a) before “225(2)” insert “224A,”, and

(b) before “219(2)” insert “218A,”.

(3) After subsection (4) insert—

“(4A) The reference in subsection (4) to a court forming any such opinion as is mentioned in subsection (2) or section 261(2) includes a court forming such an opinion for the purposes of section 218A(4).

(4B) The reference in subsection (4) to a court forming any such opinion as is mentioned in section 261(2) also includes a court forming such an opinion for the purposes of section 226A(6) or 226B(4) of the 2003 Act (as applied by section 219A or 221A of this Act).”

35 (1) Section 261 (length of discretionary custodial sentences: general provision) is amended as follows.

(2) In subsection (1)—

(a) before “225” insert “224A,”, and

(b) before “219(2)” insert “218A,”.

(3) In subsection (3) for “220, 222” substitute “219A, 221A”.

36 In section 273 (review of unduly lenient sentence by Court Martial Appeal Court) in subsection (6)(b)—

(a) before “225(2)” insert “224A,”, and

(b) before “219(2)” insert “218A,”.

37 In section 374 (definitions applying for purposes of the whole Act) in the definition of “custodial sentence” after paragraph (e) (but before the “or” at the end of that paragraph) insert—

“(ea) a sentence of detention under section 226B of that Act passed as a result of section 221A of this Act;”.

Counter-Terrorism Act 2008 (c. 28)

38 In Schedule 6 to the Counter-Terrorism Act 2008 (notification requirements: application to service offences) in paragraph 5(1)(a) after sub-paragraph (vi) (but before the “or” at the end of that sub-paragraph) insert—

“(via) detention under section 226B of that Act (extended sentence of detention for certain dangerous offenders aged under 18);”.

Part 3 Transitory provision

39 (1) In relation to any time before the repeal of section 30 of the Criminal Justice and Court Services Act 2000 (protection of children: supplemental) by Schedule 10 to the Safeguarding Vulnerable Groups Act 2006, that section has effect with the modification in sub-paragraph (2).

(2) In subsection (1), in paragraph (dd) of the definition of “qualifying sentence”, after “2003” insert “(including such a sentence imposed as a result of section 221, 221A or 222 of the Armed Forces Act 2006)”.”

Clause 134

LORD LLOYD OF BERWICK

157

Leave out Clause 134

After Clause 137

LORD FAULKNER OF WORCESTER

LORD BRADSHAW

THE LORD BISHOP OF LONDON

BARONESS BROWNING

158

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 subsections (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.””

Clause 138

LORD MCNALLY

159

Page 123, line 23, at beginning insert “this Act or”

Clause 140

LORD BACH

LORD BEECHAM

160

Page 123, line 35, after “Part” insert “and section (Pre-commencement impact assessment)”

After Clause 140

LORD BEECHAM

161

Insert the following new Clause—

“Duration of Part 1

(1) Part 1 of this Act, excluding section (Post-commencement review), expires at the end of the period of 3 years beginning with the day on which it commences.

(2) The Lord Chancellor may, by order, revive Part 1 if a draft of such an order is laid before and approved by an affirmative resolution of both Houses of Parliament.

(3) An order under this section expires a year after the day on which it is made.

(4) An order made by the Lord Chancellor under this section shall be made by statutory instrument.”

Clause 143

LORD RAMSBOTHAM

BARONESS HOWE OF IDLICOTE

162*

Page 124, line 40, leave out “and Punishment” and insert “, Punishment and Rehabilitation”

In the Title

LORD MCNALLY

163

Line 5, after “otherwise;” insert “to make provision about the collection of fines and other sums;”

Prepared 9th March 2012