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Legal Aid, Sentencing and Punishment of Offenders BillPage 120

(b) an offensive weapon within the meaning of section 1 of the
Prevention of Crime Act 1953.

(4) For the purposes of this section physical harm is serious if it amounts
to grievous bodily harm for the purposes of the Offences against the
5Person Act 1861.

(5) In this section—

(6) A person guilty of an offence under this section is liable—

(a) 10on summary conviction, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the statutory
maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not
exceeding 4 years or to a fine, or to both.

(7) 15Where a person aged 16 or over is convicted of an offence under this
section, the court must impose an appropriate custodial sentence (with
or without a fine) unless the court is of the opinion that there are
particular circumstances which—

(a) relate to the offence or to the offender, and

(b) 20would make it unjust to do so in all the circumstances.

(8) In this section “appropriate custodial sentence” means—

(a) in the case of a person who is aged 18 or over when convicted,
a sentence of imprisonment for a term of at least 6 months;

(b) in the case of a person who is aged at least 16 but under 18 when
25convicted, a detention and training order of at least 4 months.

(9) In considering whether it is of the opinion mentioned in subsection (7)
in the case of a person aged under 18, the court must have regard to its
duty under section 44 of the Children and Young Persons Act 1933.

(10) In relation to an offence committed before the commencement of
30section 154(1) of the Criminal Justice Act 2003, the reference in
subsection (6)(a) to 12 months is to be read as a reference to 6 months.

(11) In relation to times before the coming into force of paragraph 180 of
Schedule 7 to the Criminal Justice and Court Services Act 2000, the
reference in subsection (8)(a) to a sentence of imprisonment, in relation
35to an offender aged under 21 at the time of conviction, is to be read as a
reference to a sentence of detention in a young offender institution.

(12) If on a person’s trial for an offence under this section (whether on
indictment or not) the person is found not guilty of that offence but it is
proved that the person committed an offence under section 139 or
40139A, the person may be convicted of the offence under that section.

(3) Schedule 25 (knives and offensive weapons: minor and consequential
amendments) has effect.

135 Offence of causing serious injury by dangerous driving

(1) The Road Traffic Act 1988 is amended as follows.

Legal Aid, Sentencing and Punishment of Offenders BillPage 121

(2) After section 1 insert—

1A Causing serious injury by dangerous driving

(1) A person who causes serious injury to another person by driving a
mechanically propelled vehicle dangerously on a road or other public
5place is guilty of an offence.

(2) In this section “serious injury” means—

(a) in England and Wales, physical harm which amounts to
grievous bodily harm for the purposes of the Offences against
the Person Act 1861, and

(b) 10in Scotland, severe physical injury.

(3) In section 2A (meaning of dangerous driving) in subsections (1) and (2) after
“sections 1” insert “, 1A”.

(4) Section 1A inserted by subsection (2) has effect only in relation to driving
occurring after that subsection comes into force.

(5) 15In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences under the Traffic Acts) in the appropriate place
insert—

RTA
section
1A
Causing
serious
injury by
dangerous
driving.
(a) Summarily. (a)
12 months
or the
statutory
maximum
or both.
Obligatory. Obligatory. 3-11.”

20


(b) On
indictment.
(b)
5 years or a
fine or both.

(6) In the entry inserted by subsection (5), in relation to an offence committed
25before the commencement of section 154(1) of the Criminal Justice Act 2003 “12
months” is to be read as “6 months (in England and Wales) or 12 months (in
Scotland)”.

(7) Schedule 26 (causing serious injury by dangerous driving: minor and
consequential amendments) has effect.

136 30Offence of squatting in a residential building

(1) A person commits an offence if—

(a) the person is in a residential building as a trespasser having entered it
as a trespasser,

(b) the person knows or ought to know that he or she is a trespasser, and

(c) 35the person is living in the building or intends to live there for any
period.

(2) The offence is not committed by a person holding over after the end of a lease
or licence (even if the person leaves and re-enters the building).

(3) For the purposes of this section—

Legal Aid, Sentencing and Punishment of Offenders BillPage 122

(a) “building” includes any structure or part of a structure (including a
temporary or moveable structure), and

(b) a building is “residential” if it is designed or adapted, before the time of
entry, for use as a place to live.

(4) 5For the purposes of this section the fact that a person derives title from a
trespasser, or has the permission of a trespasser, does not prevent the person
from being a trespasser.

(5) A person convicted of an offence under this section is liable on summary
conviction to imprisonment for a term not exceeding 51 weeks or a fine not
10exceeding level 5 on the standard scale (or both).

(6) In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003, the reference in subsection (5) to 51 weeks is
to be read as a reference to 6 months.

(7) For the purposes of subsection (1)(a) it is irrelevant whether the person entered
15the building as a trespasser before or after the commencement of this section.

(8) In section 17 of the Police and Criminal Evidence Act 1984 (entry for purpose
of arrest etc)—

(a) in subsection (1)(c), after sub-paragraph (v) insert—

(vi) section 136 of the Legal Aid, Sentencing and
20Punishment of Offenders Act 2012 (squatting in
a residential building);;

(b) in subsection (3), for “or (iv)” substitute “, (iv) or (vi)”.

(9) In Schedule 10 to the Criminal Justice and Public Order Act 1994
(consequential amendments), omit paragraph 53(b).

137 25Reasonable force for the purposes of self-defence etc

(1) Section 76 of the Criminal Justice and Immigration Act 2008 (reasonable force
for the purposes of self-defence etc) is amended as follows.

(2) In subsection (2) after paragraph (a) omit “and” and insert—

(aa) the common law defence of defence of property; and.

(3) 30After subsection (6) insert—

(6A) In deciding the question mentioned in subsection (3), a possibility that
D could have retreated is to be considered (so far as relevant) as a factor
to be taken into account, rather than as giving rise to a duty to retreat.

(4) In subsection (8) for “Subsection (7) is” substitute “Subsections (6A) and (7)
35are”.

(5) In subsection (10)(a) after sub-paragraph (i) omit “or” and insert—

(ia) the purpose of defence of property under the common
law, or.

(6) Paragraph 27 of Schedule 27 to the Criminal Justice and Immigration Act 2008
40(which provides for section 76 of that Act to apply whenever the alleged
offence took place, but not in relation to certain proceedings if they began, or
the arraignment took place, before that section comes into force) applies to any
amendment made by this section to section 76 of that Act as it applies to that

Legal Aid, Sentencing and Punishment of Offenders BillPage 123

section, but as if references to the date on which that section comes into force
were references to the date on which the amendment comes into force.

Part 4 Final provisions

138 5Power to make consequential and supplementary provision etc

(1) The Lord Chancellor or the Secretary of State may by regulations make
consequential, supplementary, incidental, transitional, transitory or saving
provision in relation to any provision of this Act.

(2) The regulations may, in particular amend, repeal, revoke or otherwise modify
10legislation.

(3) Regulations under this section are to be made by statutory instrument.

(4) A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament, subject
to subsection (5).

(5) 15A statutory instrument containing regulations under this section that amend or
repeal an Act (whether alone or with other provision) may not be made unless
a draft of the instrument has been laid before, and approved by a resolution of,
each House of Parliament.

(6) In this section—

139 Financial provision

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown by virtue of this
Act, and

(b) 30any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

140 Commencement

(1) The provisions of this Act come into force on such day as the Lord Chancellor
or the Secretary of State may appoint by order, subject to subsection (2).

(2) 35This Part comes into force on the day on which this Act is passed.

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

(4) An order under this section may—

(a) appoint different days for different purposes, and

(b) make transitional, transitory or saving provision.

Legal Aid, Sentencing and Punishment of Offenders BillPage 124

(5) An order under this section bringing into force section 125, 126, 128, 129 or 130
may appoint different days for different areas.

141 Extent

(1) This Act extends to England and Wales only, subject to subsections (2) to (5).

(2) 5The following provisions extend to England and Wales and Scotland—

(a) sections 122 and 123, and

(b) section 135.

(3) The following provisions extend to England and Wales and Northern
Ireland—

(a) 10section 21,

(b) section 32,

(c) section 39 and Schedule 6, and

(d) sections 40 to 42.

(4) The following provisions extend to England and Wales, Scotland and Northern
15Ireland—

(a) Schedule 8 (and section 59(2)),

(b) sections 132 and 133, and

(c) this Part.

(5) An amendment, repeal or revocation made by this Act has the same extent as
20the provision amended, repealed or revoked, subject to subsections (6) and (7).

(6) In Chapter 8 of Part 3

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

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

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

(d) 25Part 2 of that Schedule extends to England and Wales only.

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

142 Channel Islands, Isle of Man and British overseas territories

(1) The power conferred by section 9(4) of the Repatriation of Prisoners Act 1984
30(power to extend to Channel Islands, Isle of Man and British overseas
territories) is exercisable in relation to any amendment of that Act that is made
by or under this Act.

(2) The power conferred by section 338 of the Criminal Justice Act 2003 (power to
extend to Channel Islands and Isle of Man) is exercisable in relation to any
35amendment of that Act that is made by or under this Act.

(3) In section 384 of the Armed Forces Act 2006 (extent to Channel Islands, Isle of
Man and British overseas territories) references to that Act include that Act as
amended by or under this Act.

143 Short title

40This Act may be cited as the Legal Aid, Sentencing and Punishment of
Offenders Act 2012.

Legal Aid, Sentencing and Punishment of Offenders BillPage 125

SCHEDULES

Section 8

SCHEDULE 1 Civil legal services

Part 1 5Services

Care, supervision and protection of children

1 (1) Civil legal services provided in relation to—

(a) orders under section 25 of the Children Act 1989 (“the 1989 Act”)
(secure accommodation);

(b) 10orders under Part 4 of the 1989 Act (care and supervision);

(c) orders under Part 5 of the 1989 Act (protection of children);

(d) approval by a court under paragraph 19 of Schedule 2 to the 1989 Act
(arrangements to assist children to live abroad);

(e) parenting orders under section 8 of the Crime and Disorder Act 1998
15(“1998 Act”);

(f) child safety orders under section 11 of the 1998 Act;

(g) orders for contact under section 26 of the Adoption and Children Act
2002 (“the 2002 Act”);

(h) applications for leave of the court to remove a child from a person’s
20custody under section 36 of the 2002 Act;

(i) placement orders, recovery orders or adoption orders under Chapter
3 of Part 1 of the 2002 Act (see sections 21, 41 and 46 of that Act);

(j) orders under section 84 of the 2002 Act (parental responsibility prior
to adoption abroad);

(k) 25any other orders or procedures under an enactment for the care,
supervision or protection of children that are prescribed for the
purposes of this paragraph.

(2) Civil legal services provided in relation to an order under an enactment
made—

(a) 30as an alternative to an order mentioned in, or prescribed under, sub-
paragraph (1), or

(b) in proceedings heard together with proceedings relating to such an
order.

Exclusions

(3) 35Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of
this Schedule.

Definitions

Legal Aid, Sentencing and Punishment of Offenders BillPage 126

(4) In this paragraph “children” means persons under the age of 18.

Special educational needs

2 (1) Civil legal services provided in relation to matters arising under Part 4 of the
Education Act 1996 (special educational needs).

5Exclusions

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

Abuse of child or vulnerable adult

3 (1) Civil legal services provided in relation to abuse of an individual that took
10place at a time when the individual was a child or vulnerable adult, but only
where—

(a) the services are provided to the individual, or

(b) the individual has died and the services are provided—

(i) to the individual’s personal representative, or

(ii) 15for the purposes of a claim under the Fatal Accidents Act 1976
for the benefit of the individual’s dependants.

General exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule, with
the exception of paragraphs 1, 3, 8 and 12 of that Part.

(3) 20But the exclusions described in sub-paragraph (2) are subject to the
exception in sub-paragraph (4).

(4) The services described in sub-paragraph (1) include services provided in
relation to negligence other than clinical negligence.

(5) Sub-paragraph (1) is subject to the exclusion in Part 3 of this Schedule.

25Specific exclusion

(6) The services described in sub-paragraph (1) do not include services
provided in relation to a matter arising under a family enactment.

Definitions

(7) In this paragraph—

Working with children and vulnerable adults

4 (1) Civil legal services provided in relation to—

(a) 10the inclusion of a person in a barred list or the removal of a person
from a barred list;

(b) a disqualification order under section 28, 29 or 29A of the Criminal
Justice and Court Services Act 2000 (disqualification from working
with children);

(c) 15a direction under section 142 of the Education Act 2002 (prohibition
from teaching etc).

Exclusions

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

20Definitions

(3) In this paragraph “barred list” means a list maintained under—

(a) section 2 of the Safeguarding Vulnerable Groups Act 2006 (persons
barred from regulated activities relating to children or vulnerable
adults);

(b) 25section 81 of the Care Standards Act 2000;

(c) section 1 of the Protection of Children Act 1999.

Mental health and mental capacity

5 (1) Civil legal services provided in relation to matters arising under—

(a) the Mental Health Act 1983;

(b) 30paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act
1984;

(c) the Mental Capacity Act 2005.

General exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
35Schedule.

Specific exclusion

(3) The services described in sub-paragraph (1) do not include services
provided in relation to—

(a) the creation of lasting powers of attorney under the Mental Capacity
40Act 2005, or

(b) the making of advance decisions under that Act.

(4) Sub-paragraph (3) does not exclude services provided in relation to
determinations and declarations by a court under the Mental Capacity Act
2005 as to the validity, meaning, effect or applicability of—

(a) 45a lasting power of attorney that has been created, or

Legal Aid, Sentencing and Punishment of Offenders BillPage 128

(b) an advance decision that has been made.

Community care

6 (1) Civil legal services provided in relation to community care services.

Exclusions

(2) 5Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
Schedule.

Definitions

(3) In this paragraph—

Inherent jurisdiction of High Court in relation to children and vulnerable adults

7 (1) Civil legal services provided in relation to the inherent jurisdiction of the
5High Court in relation to children and vulnerable adults.

Exclusions

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

Definitions

(3) 10In this paragraph—

Unlawful removal of children from the United Kingdom

8 (1) Civil legal services provided to an individual in relation to the following
15orders and requirements where the individual is seeking to prevent the
unlawful removal of a related child from the United Kingdom—

(a) a prohibited steps order or specific issue order (as defined in section
8(1) of the Children Act 1989);

(b) an order under section 33 of the Family Law Act 1986 for disclosure
20of the child’s whereabouts;

(c) a requirement under section 37 of that Act to surrender a passport
issued to, or containing particulars of, the child.

Exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
25Schedule.

Definitions

(3) For the purposes of this paragraph, a child is related to an individual if the
individual is the child’s parent or has parental responsibility for the child.

(4) In this paragraph “child” means a person under the age of 18.

30Family homes and domestic violence

9 (1) Civil legal services provided in relation to home rights, occupation orders
and non-molestation orders under Part 4 of the Family Law Act 1996.

(2) Civil legal services provided in relation to the following in circumstances
arising out of a family relationship—

(a) 35an injunction following assault, battery or false imprisonment;

(b) the inherent jurisdiction of the High Court to protect an adult.

Exclusions

(3) Sub-paragraphs (1) and (2) are subject to—

(a) the exclusions in Part 2 of this Schedule, with the exception of
40paragraphs 3 and 11 of that Part, and

(b) the exclusion in Part 3 of this Schedule.

Definitions

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Contents page 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-97 100-109 110-119 120-128 130-146 147-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 Last page