Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENTS
TO BE MOVED
ON REPORT
[Supplementary to the Second Marshalled List]

Clause 43

LORD LESTER OF HERNE HILL

 

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

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

(i) defamation; or

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

and either—

(b) all of the following criteria are fulfilled—

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

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

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

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

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

or—

(c) the following criteria are both fulfilled—

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

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

Clause 45

LORD LESTER OF HERNE HILL

 

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

 

Page 32, line 10, at end insert—

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

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

(i) defamation; or

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

and either—

(b) all of the following criteria are fulfilled—

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

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

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

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

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

or—

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

Clause 61

LORD MCNALLY

 

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.”

Clause 80

LORD MCNALLY

 

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.”

Clause 81

LORD MCNALLY

 

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,”

Clause 82

LORD MCNALLY

 

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”

After Clause 82

LORD MCNALLY

 

Insert the following new Clause—

“Withdrawal of warrants of control issued by fines officer

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

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

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

(4) After paragraph 37 insert—

“Issue by fines officer of replacement notice

37A (1) This paragraph applies if—

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

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

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

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

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

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

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

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

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

(c) be in writing and dated.

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

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

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

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

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

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

(a) in sub-paragraph (1)(c)—

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

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

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

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

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

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

(8) After paragraph 40 insert—

“Withdrawal of warrant of control by fines officer

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

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

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

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

Discharge of warrant of control by magistrates’ court

40B (1) This paragraph applies if—

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

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

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

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

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

Duty of fines officer if warrant of control withdrawn or discharged

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

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

(3) Condition B is that—

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

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

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

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

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

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

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

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

Schedule 13

LORD MCNALLY

 

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”.”

Schedule 15

LORD MCNALLY

 

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.”

In the Title

LORD MCNALLY

 

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

Prepared 8th March 2012