Legal Aid, Sentencing and Punishment of Offenders Bill

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”

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

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.”

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.”

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

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”

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.”

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

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

Insert the following new Clause—

“Exceptions for marketing arrangements

(1) The Lord Chancellor may make regulations creating such exceptions to the provisions of sections 54 to 57 as are desirable, in the Lord Chancellor’s opinion, to ensure that marketing arrangements are not prohibited by any of those sections.

(2) In subsection (1) “marketing arrangements” means arrangements which in the Lord Chancellor’s opinion involve the provision of advertising, marketing or communications services to or on behalf of a regulated person.

(3) An exception under the regulations may be subject to specified conditions.”

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.”

Insert the following new Clause—

“General damages: 10 per cent uplift

(1) The Lord Chancellor must take all reasonable steps to ensure that the provisions of this Part about litigation funding and costs are complemented by a ten per cent increase in general damages for personal injuries (as recommended at paragraph 2.4 of the Final Report of the Review of Civil Litigation Costs published in December 2009).

(2) The arrangements may consist of or include the issue of guidance, or the provision of training, by the Judicial Studies Board.

(3) The Lord Chancellor must lay reports before Parliament about the arrangements made under subsection (1); and—

(a) the first report must be laid before the end of the period of one year beginning with the date on which the first provision of this Part is commenced,

(b) later reports must be laid at intervals of not more than a year, and

(c) if a report includes a statement that in the Lord Chancellor’s opinion the 10 per cent uplift has been achieved, no further reports need be laid.”

Insert the following new Clause—

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.”

Insert the following new Clause—

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.”

Insert the following new Clause—

“Awareness of sentencing options

(1) The Lord Chancellor shall, by regulation, promote arrangements to ensure that each Probation Trust provides adequate information about community sentencing provision to all magistrates in the area for which it has responsibility.

(2) Regulations under subsection (1) may provide—

(a) guidelines for liaison between magistrates and Probation Trusts;

(b) a reimbursement scheme for magistrates expenses under paragraph (a); and

(c) such other provision as the Lord Chancellor thinks appropriate.”

Insert the following new Clause—

“Short prison sentences

A court may not pass a sentence of immediate imprisonment for a term of less than six months unless it considers that no other method of dealing with the offender is appropriate, and must state the reasons for its opinion in open court in accordance with the provisions of section 174 of the Criminal Justice Act 2003 (duty to give reasons for, and explain effect of, sentence).”

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.”

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.”

Page 199, line 19, leave out paragraph 20

Page 53, line 12, at end insert—

“(3) In section 223(3) of that Act (power to amend specified periods of time), omit paragraph (c).”

Page 53, line 16, at end insert—

“(2) In section 223(3) of that Act (power to amend specified periods of time), omit paragraph (d).”

Insert the following new Clause—

“Alcohol abstinence and monitoring requirement

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

“212A Alcohol abstinence and monitoring requirement

(1) In this Part “alcohol abstinence and monitoring requirement”, in relation to a relevant order, means a requirement—

(a) that, subject to such exceptions (if any) as are specified—

(i) the offender must abstain from consuming alcohol throughout a specified period, or

(ii) the offender must not consume alcohol so that at any time during a specified period there is more than a specified level of alcohol in the offender’s body, and

(b) that the offender must, for the purpose of ascertaining whether the offender is complying with provision under paragraph (a), submit during the specified period to monitoring in accordance with specified arrangements.

(2) A period specified under subsection (1)(a) must not exceed 120 days.

(3) If the Secretary of State by order prescribes a minimum period for the purposes of subsection (1)(a), a period specified under that provision must be at least as long as the period prescribed.

(4) The level of alcohol specified under subsection (1)(a)(ii) must be that prescribed by the Secretary of State by order for the purposes of that provision (and a requirement under that provision may not be imposed unless such an order is in force).

(5) An order under subsection (4) may prescribe a level—

(a) by reference to the proportion of alcohol in any one or more of an offender’s breath, blood, urine or sweat, or

(b) by some other means.

(6) The arrangements for monitoring specified under subsection (1)(b) must be consistent with those prescribed by the Secretary of State by order (and an alcohol abstinence and monitoring requirement may not be imposed unless such an order is in force).

(7) An order under subsection (6) may in particular prescribe—

(a) arrangements for monitoring by electronic means;

(b) arrangements for monitoring by other means of testing.

(8) A court may not include an alcohol abstinence and monitoring requirement in a relevant order unless the following conditions are met.

(9) The first condition is that—

(a) the consumption of alcohol by the offender is an element of the offence for which the order is to be imposed or an associated offence, or

(b) the court is satisfied that the consumption of alcohol by the offender was a factor that contributed to the commission of that offence or an associated offence.

(10) The second condition is that the court is satisfied that the offender is not dependent on alcohol.

(11) The third condition is that the court does not include an alcohol treatment requirement in the order.

(12) The fourth condition is that the court has been notified by the Secretary of State that arrangements for monitoring of the kind to be specified are available in the local justice area to be specified.

(13) In this section—

“alcohol” includes anything containing alcohol;

“specified”, in relation to a relevant order, means specified in the order.”

(2) In section 177 of that Act (community orders), in subsection (1), after paragraph (j) insert—

“(ja) an alcohol abstinence and monitoring requirement (as defined by section 212A),”.

(3) In subsection (2) of that section (limitations on power to impose community order)—

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

(b) at the end of paragraph (g) insert “, and

“(h) section 212A(8) to (12) (alcohol abstinence and monitoring requirement).”

(4) In section 190 of that Act (imposition of requirements by suspended sentence order), in subsection (1), after paragraph (j) insert—

“(ja) an alcohol abstinence and monitoring requirement (as defined by section 212A),”.

(5) In subsection (2) of that section (limitations on power to impose requirements by suspended sentence order)—

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

(b) at the end of paragraph (g) insert “, and

(h) section 212A(8) to (12) (alcohol abstinence and monitoring requirement).”

(6) In section 215 of that Act (electronic monitoring requirement), after subsection (4) insert—

“(5) An electronic monitoring requirement may not be included in a relevant order for the purposes of securing the electronic monitoring of the offender’s compliance with an alcohol abstinence and monitoring requirement.

(6) Subsection (5) does not prevent the inclusion of an electronic monitoring requirement in a relevant order which includes an alcohol abstinence and monitoring requirement where this is for the purpose of securing the electronic monitoring of an offender’s compliance with a requirement other than the alcohol abstinence and monitoring requirement.”

(7) In section 223(3) of that Act (provisions to which powers to amend periods of time apply), after paragraph (b) insert—

“(ba) section 212A(2) (alcohol abstinence and monitoring requirement)”.

(8) In section 305(1) of that Act (interpretation of Part 12), at the appropriate place insert—

““alcohol abstinence and monitoring requirement”, in relation to a community order or suspended sentence order, has the meaning given by section 212A;”.”

Insert the following new Clause—

“Piloting of alcohol abstinence and monitoring requirements

(1) The Secretary of State may by order provide for the coming into force of section (Alcohol abstinence and monitoring requirement).

(2) The Secretary of State may not make an order under subsection (1) with the effect that section (Alcohol abstinence and monitoring requirement) is in force for the whole of England and Wales (a “general commencement order”) without having previously made a piloting order.

(3) Subsection (2) does not prevent an order under subsection (1) from bringing section (Alcohol abstinence and monitoring requirement) into force for the purpose only of making orders under section 212A or 223 of the Criminal Justice Act 2003 or rules under section 222 of that Act (and such an order is not a general commencement order for the purposes of this section).

(4) A “piloting order” is an order under subsection (1) with the effect that section (Alcohol abstinence and monitoring requirement) is force only—

(a) in relation to the area or areas specified in the order, and

(b) for the period specified in the order,

but otherwise for all purposes, or for all purposes other than application by the Armed Forces Act 2006.

(5) If, having made one or more piloting orders, the Secretary of State decides to make a general commencement order, the Secretary of State may by order—

(a) amend section (Alcohol abstinence and monitoring requirement) so as to enable the general commencement order to bring it into force with those amendments;

(b) amend or repeal any provision of this Act in consequence of provision made under paragraph (a).

(6) Amendments under subsection (5)(a) may confer power on the Secretary of State to make an order or rules.

(7) If, having made one or more piloting orders, the Secretary of State decides not to make a general commencement order, the Secretary of State may by order—

(a) repeal section (Alcohol abstinence and monitoring requirement);

(b) amend the Criminal Justice Act 2003 so as to reverse the effect of that section on that Act;

(c) make other consequential amendments or repeals.

(8) An order under this section may make transitional, transitory or saving provision (including, in the case of a piloting order, provision relating to section (Alcohol abstinence and monitoring requirement) ceasing to be in force at the end of the period specified in the order).

(9) An order under this section is to be made by statutory instrument.

(10) A statutory instrument containing—

(a) a general commencement order, or

(b) an order under subsection (5) or (7),

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

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.”

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.”

Insert the following new Clause—

“To add restorative justice to the statutory purposes of sentencing

In section 142(1) of the Criminal Justice Act 2003 (purposes of sentencing) after paragraph (c) insert—

“(ca) the achievement of restorative justice,”.”

Insert the following new Clause—

“Restorative justice requirement

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

(2) In section 177(1) (community orders) after paragraph (j) insert—

“(ja) a restorative justice requirement (as defined by section 212A),”.

(3) After section 212 insert—

“212A Restorative justice requirement

(1) In this Part “restorative justice requirement”, in relation to relevant order, means a requirement that the offender must take part in a process of restorative justice involving him and any person or persons affected by the offence.

(2) A court may not impose a restorative justice requirement in respect of an offender unless the offender and another person or persons affected by the offence have expressed their willingness to participate in a process of restorative justice.

(3) A court may not impose a restorative justice requirement unless it is satisfied that arrangements for a process of restorative justice can be or have been made in the area where the offender will reside.”.”

Insert the following new Clause—

“Activity requirement: restorative justice activities

In section 201(2) of the Criminal Justice Act 2003 (activity requirement)—

(a) after “reparation” insert “or restorative justice”, and

(b) after “contact” insert “or mediation”.”

Page 53, line 25, after “requirement)” insert “or (ja) (an alcohol abstinence and monitoring requirement)”

Page 58, line 24, leave out subsection (10)

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

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

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

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

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”

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

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

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”

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) ”

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

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

(a) ”

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.”

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

(a) ”

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

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

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.”

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

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”

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”

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.”

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.”

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

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

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

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”

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

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.”

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

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

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

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—

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—

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.

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.

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.””

[Re-tabled as Amendment 151AZA]

Insert the following new Clause—

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.”

Insert the following new Schedule—

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—

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—

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—

Insert the following new Schedule—

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—

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—

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”.”

Page 205, leave out lines 1 to 5

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

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

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

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”

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

Page 206, line 47, leave out paragraph 8

Page 208, line 3, leave out paragraph 14

Page 208, line 10, leave out paragraph 15

Page 209, line 10, leave out paragraph 25

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

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

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

(a) ”

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;”

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.”

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

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

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

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

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

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

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

(a) “

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.”

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

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

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

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”.”

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.”

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

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

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

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—”

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,”.”

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

Page 222, line 36, leave out “113” and insert “112”

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)).”

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

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

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

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.”

Page 223, line 35, leave out “commencement date” and insert “day on which this Act is passed”

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.””

Transpose Clause 116 to after Clause 117

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

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”

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

Leave out Clause 117

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

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).”

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

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

Page 247, line 11, leave out paragraph 9

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).””

Page 248, line 2, at end insert—

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

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

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

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

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”.”

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.”

Page 96, line 11, at end insert—

“(10) The court must specify whether the requisite custodial period shall be one-half or two-thirds of the appropriate custodial term determined by the court.”

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.”

Page 96, line 45, at end insert—

“(8) The court must specify whether the requisite custodial period shall be one-half or two-thirds of the appropriate custodial term determined by the court.”

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

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).”

Page 250, line 19, at end insert—

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,”.

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”.”

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”.”

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.””

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

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)”.”

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).”

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)””

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).”.

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).”

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)).”

Page 251, line 26, at end insert—

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),”.

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”.

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.”

Transpose Schedule 20 to after Schedule 21

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

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

Page 98, line 5, after “term” insert “except where the court has specified that the requisite custodial period shall be one-half of the appropriate custodial term”

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.”

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”.”

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

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

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,”.”

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

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

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

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,”.”

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

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

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

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

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.”

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.”

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

Insert the following new Clause—

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

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

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

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

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

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

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

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

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

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

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

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

(8) The record must include the following information—

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

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

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

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

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

Insert the following new Clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.”

Insert the following new Schedule—

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).

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)”.

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,”.

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”.

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”.

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”.

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

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;”.

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;”.

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);”.

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)”.”

Insert the following new Clause—

“Rehabilitation of offenders: equality of treatment

In any case where a statute provides for a person to have a right to apply to the Secretary of State to have a conviction or caution disregarded, the provisions of that statute shall apply in the same way to any relative of any deceased person who would, had they still been alive, have been eligible to apply to have such a conviction or caution disregarded in accordance with the provisions of that statute.”

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.””

Leave out Clause 134

Page 121, line 41, at end insert “or if the building has been empty for twelve months or more”

Page 122, line 1, leave out paragraph (a)

Page 122, line 3, leave out paragraph (b) and insert—

“( ) a building is “residential” if it is designated as residential within planning use category C3 (dwellings, houses, flats, apartments) or C4 (houses of multiple occupation).”

Page 122, leave out lines 14 and 15 and insert—

“(7) Subsection (1)(a) applies only if the person entered the building as a trespasser after the commencement of this section.”

Leave out Clause 136

Insert the following new Clause—

“Scrap metal dealing: increase in penalties for existing offences

(1) The Scrap Metal Dealers Act 1964 is amended as follows.

(2) For the following words (which have effect as references to a fine not exceeding level 3 on the standard scale) substitute in each case “a fine not exceeding level 5 on the standard scale”—

(a) in section 1(7) (dealer failing to register) the words from “a fine” to the end;

(b) in section 2(6) (dealer failing to record dealings) the words from “a fine” to the end;

(c) in section 3(4) (itinerant collector failing to keep receipts) the words from “a fine” to the end;

(d) in section 4(4) (convicted dealer failing to meet additional requirements) the same words before “and the court”.

(3) For the following words (which have effect as references to a fine not exceeding level 1 on the standard scale) substitute in each case “a fine not exceeding level 3 on the standard scale”—

(a) in section 1(8) (dealer failing to give notice of cessation of business) the words from “a fine” to the end;

(b) in section 5(1) (dealer acquiring metal from a person under 16) the same words before the proviso;

(c) in section 5(2) (selling metal to a dealer under a false name or address) the words from “a fine” to the end;

(d) in section 6(5) (obstructing entry and inspection) the words from “a fine” to the end.”

Insert the following new Clause—

“Offence of buying scrap metal for cash etc

(1) The Scrap Metal Dealers Act 1964 is amended as follows.

(2) After section 3 insert—

“3A Offence of buying scrap metal for cash etc

(1) A scrap metal dealer must not pay for scrap metal except—

(a) by a cheque which under section 81A of the Bills of Exchange Act 1882 is not transferable, or

(b) by an electronic transfer of funds (authorised by credit or debit card or otherwise).

(2) The Secretary of State may by order amend subsection (1) to permit other methods of payment.

(3) In this section paying includes paying in kind (with goods or services).

(4) If a scrap metal dealer pays for scrap metal in breach of subsection (1), each of the following is guilty of an offence—

(a) the scrap metal dealer;

(b) a person who makes the payment acting for the dealer;

(c) a manager who fails to take reasonable steps to prevent the payment being made in breach of subsection (1).

(5) In subsection (4)(c) “manager” means a person who works in the carrying on of the dealer’s business as a scrap metal dealer in a capacity, whether paid or unpaid, which authorises the person to prevent the payment being made in breach of subsection (1).

(6) Subsection (1) does not apply if—

(a) the payment is made in the carrying on of the dealer’s business as a scrap metal dealer as part of the business of an itinerant collector, and

(b) at the time of the payment an order under section 3(1) is in force in relation to the dealer.

(7) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(8) An order under subsection (2) is to be made by statutory instrument.

(9) A statutory instrument containing an order under subsection (2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

(3) Section 2 (records of dealings) is amended as follows.

(4) After subsection (2)(d) insert—

“(da) where paragraph (d) applies, any part of the price that is unpaid at the time when the entry is to be made;”.

(5) In subsection (2)(e) for “the last preceding paragraph” substitute “paragraph (d)”.

(6) After subsection (4) insert—

“(4A) If a scrap metal dealer pays at any time for scrap metal falling within subsection (1)(a)—

(a) the dealer must keep, with the book containing the entry relating to receipt of the scrap metal, a copy of the cheque (if the payment was by cheque), or any receipt identifying the transfer (if the payment was by electronic transfer and such a receipt was obtained), and

(b) the particulars required by this section to be entered include those listed in subsection (4B).

(4B) The particulars are—

(a) the full name and address of any person who makes the payment acting for the dealer;

(b) the full name and address of the person to whom the payment is made;

(c) in the case of an electronic transfer where no receipt identifying the transfer was obtained, particulars identifying the transfer.

(4C) Anything kept by virtue of subsection (4A)(a) must be marked so as to identify the scrap metal by reference to the entry relating to receipt of the metal.

(4D) An entry in pursuance of subsection (4A)(b)—

(a) must be made immediately after the payment is made, and

(b) if not made at the same time as the entry relating to receipt of the scrap metal, must identify the metal by reference to that entry.”

(7) In subsection (5), after “this section and” insert “the book and anything required by subsection (4A)(a) to be kept with it”.

(8) Section 3 (special provisions as to records in certain cases) is amended as follows.

(9) In subsection (5)(d), for “subsection (4)” substitute “subsections (4) and (4D)(a)”.

(10) In subsection (6)(a)—

(a) after “books” insert “, and the obligation imposed by subsection (4A)(a) of that section to keep anything with a book,”;

(b) after “the like particulars” insert “, and to keeping the same things,”;

(c) for “and (3)” substitute “, (3) and (4A) to (4D)”.

(11) In subsection (6)(c), for “subsection (4)” substitute “subsections (4) and (4D)(a)”.

(12) In section 4(1) (power for court to impose additional requirements on convicted dealers)—

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

(b) after that paragraph insert—

“(aa) is convicted of an offence under section 3A, or”.

(13) Section 6 (rights of entry and inspection) is amended as follows.

(14) After subsection (3) insert—

“(3A) Whether or not a place is one to which a constable has a right of entry in accordance with subsection (1), a justice of the peace may issue a warrant described in subsection (3B) if satisfied by information on oath that there are reasonable grounds for believing that the place—

(a) is a scrap metal store where scrap metal paid for contrary to section 3A is or has been received or kept, or

(b) is a place to which admission is reasonably required in order to ascertain whether that section is being complied with.

(3B) The warrant is a warrant signed by the justice issuing it which specifies the place concerned and authorises a constable to enter the place, if need be by force, at any time within one month from the date of the warrant.

(3C) A constable authorised to enter a place by a warrant granted under subsection (3A) has a right—

(a) to inspect that place;

(b) to require production of, and to inspect, any scrap metal kept at that place;

(c) to require production of and to inspect any book which the dealer is required by this Act to keep at that place and any copy or receipt required to be kept with the book, or, as the case may be, any receipt which the dealer is required to keep as mentioned in section 3(1)(b), and to take copies of the book, copy or receipt;

(d) to require production of and to inspect any other record kept at that place relating to payment for scrap metal, and to take copies of the record.”

(15) In subsection (4) for “the last preceding subsection” substitute “subsection (3) or (3A)”.”

Line 25, leave out subsection (6)

Insert the following new Clause—

“Review of offence of buying scrap metal for cash etc

(1) Before the end of 5 years beginning with the day on which section (Offence of buying scrap metal for cash etc)(2) comes into force, the Secretary of State must—

(a) carry out a review of the offence created by that subsection, and

(b) publish a report of the conclusions of the review.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by creating the offence,

(b) assess the extent to which those objectives have been achieved, and

(c) assess whether it is appropriate to retain the offence to achieve those objectives.”

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

Page 123, line 34, leave out “subsection (2)” and insert “subsections (1A) to (2A)”.

Page 123, line 34, at end insert—

“(1A) Section (Piloting of alcohol abstinence and monitoring requirements) comes into force on the day on which this Act is passed.”

Page 123, line 35, leave out subsection (2) and insert—

“( ) The following provisions come into force on the day on which this Act is passed—

(a) section 113, and

(b) this Part.”

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

Page 123, line 35, at end insert—

“(2A) This section does not apply to section (Alcohol abstinence and monitoring requirement) (but see section (Piloting of alcohol abstinence and monitoring requirements)).”

Page 124, line 2, at end insert—

“(6) An order under this section bringing into force section 136 shall not be made before the Secretary of State reports to Parliament with an assessment of the following costs—

(a) of police enforcement,

(b) to the courts and the Crown Prosecution Service,

(c) to the prison and rehabilitation service, and

(d) to local authority housing services.”

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.”

Page 124, line 4, leave out subsections (1) and (2) and insert—

“(1) Parts 1 to 3 of this Act extend to England and Wales only, subject to subsections (2) to (8).

(2) Sections 122 and 123(1) extend to England and Wales and Scotland.”

Page 124, line 14, leave out subsections (4) to (7) and insert—

“(4) In Chapter 8 of Part 3—

(a) section 131 extends to England and Wales only,

(b) sections 132 and 133 extend to England and Wales, Scotland and Northern Ireland,

(c) paragraphs 1 to 11 of Schedule 24 extend to England and Wales only,

(d) paragraphs 12 to 17 of that Schedule extend to Scotland only, and

(e) Part 2 of that Schedule extends to England and Wales only.

(5) An amendment, repeal or revocation made by this Act has the same extent as the relevant part of the Act or instrument amended, repealed or revoked (ignoring extent by virtue of an Order in Council), subject to subsections (2), (4), (6) and (7).

(6) Subsection (5) applies to section 137(1) to (5) only so far as the provisions amended extend to England and Wales or apply in relation to service offences.

(7) Subsection (5) does not apply to paragraphs 15 and 18 of Schedule 7, which extend to England and Wales only.

(8) The following have the same extent as the amendments, modifications, enactments, instruments or provisions to which they relate—

(a) section 65(7),

(b) section 75(11) and (12),

(c) section 127(4), (5) and (7),

(d) section 137(6),

(e) Part 4 of Schedule 7 and Part 3 of Schedule 8, and

(f) Schedule 15.

(9) Sections 138, 139, 140, this section and section 143 extend to England and Wales, Scotland and Northern Ireland.

(10) But, in so far as sections 138 and 140 confer power to make provision modifying or otherwise relating to a provision of, or made under or applied by, the Armed Forces Act 2006, they have the same extent as that Act (ignoring extent by virtue of an Order in Council).”

Page 124, line 32, at end insert—

“( ) The powers conferred by sections 177, 178 and 222 of the Extradition Act 2003 (powers to apply provisions to extradition to or from British overseas territories and to extend to Channel Islands and Isle of Man) are exercisable in relation to any amendment of that Act that is made by or under this Act.”

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

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

Line 12, after “squatting;” insert “to increase penalties for offences relating to scrap metal dealing and to create a new offence relating to payment for scrap metal;”