Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of

Offenders Bill

[AS AMENDED ON REPORT]

Contents
Part 1
Legal aid
Provision of legal aid
1
Lord Chancellor’s functions
2
Arrangements
3
Standards of service
4
Director of Legal Aid Casework
5
Delegation
6
Authorisations
7
Annual report
Civil legal aid
8
Civil legal services
9
General cases
10
Exceptional cases
11
Qualifying for civil legal aid
12
Determinations
Criminal legal aid
13
Advice and assistance for individuals in custody
14
Criminal proceedings
15
Advice and assistance for criminal proceedings
16
Representation for criminal proceedings
17
Qualifying for representation
18
Determinations by Director
19
Determinations by court
20
Provisional determinations
Financial resources
21
Financial resources
22
Information about financial resources

HL Bill 135
55/1

Legal Aid, Sentencing and Punishment of Offenders Bill
ii

Contributions and costs
23
Payment for services
24
Enforcement
25
Charges on property in connection with civil legal services
26
Costs in civil proceedings
Providers of services etc
27
Choice of provider of services etc
28
Position of providers of services
29
Code of conduct
30
Position of other parties, courts and tribunals
Supplementary
31
Legal aid for legal persons
32
Foreign law
33
Restriction on disclosure of information about financial resources
34
Restriction on disclosure of other information
35
Exceptions from restriction under section 34
36
Misrepresentation
37
Status of Director and Lord Chancellor
38
Abolition of Legal Services Commission
39
Consequential and transitional provision
40
Northern Ireland: information about financial resources
41
Orders, regulations and directions
42
Interpretation
43
Crown application
Part 2
Litigation funding and costs
Payments for legal services in civil cases
44
Exception in respiratory (industrial disease or illness) cases
45
Exception for industrial disease cases
46
Conditional fee agreements: success fees
47
Damages-based agreements
48
Recovery of insurance premiums by way of costs
49
Recovery where body undertakes to meet costs liabilities
50
Divorce etc proceedings: orders for payment in respect of legal services
51
Divorce etc proceedings: matters to be considered by court making legal
services order
52
Divorce etc proceedings: orders for sale of property
53
Dissolution etc proceedings: orders for payment in respect of legal services
54
Dissolution etc proceedings: matters to be considered by court making legal
services order
55
Dissolution etc proceedings: orders for sale of property
Offers to settle
56
Payment of additional amount to successful claimant

Legal Aid, Sentencing and Punishment of Offenders Bill
iii

Referral fees
57
Rules against referral fees
58
Effect of the rules against referral fees
59
Regulation by the FSA
60
Regulators and regulated persons
61
Referral fees: regulations
Pro bono representation
62
Payments in respect of pro bono representation before the Supreme Court
Costs in criminal cases
63
Costs in criminal cases
Part 3
Sentencing and Punishment of Offenders
Chapter 1
Sentencing
General
64
Court’s duty to consider compensation order
65
Duty to give reasons for and to explain effect of sentence
66
Sentencing where there is aggravation related to transgender identity
Community orders
67
Duration of community order
68
Breach of community order
Suspended sentence orders
69
Changes to powers to make suspended sentence order
70
Fine for breach of suspended sentence order
Requirements under community orders and suspended sentence orders
71
Programme requirement
72
Curfew requirement
73
Foreign travel prohibition requirement
74
Mental health treatment requirement
75
Drug rehabilitation requirement
76
Alcohol treatment requirement
77
Alcohol abstinence and monitoring requirement
78
Piloting of alcohol abstinence and monitoring requirements
Overseas community orders and service community orders
79
Overseas community orders and service community orders

Legal Aid, Sentencing and Punishment of Offenders Bill
iv

Youth sentences
80
Referral orders for young offenders
81
Breach of detention and training order
82
Youth rehabilitation order: curfew requirement
83
Youth rehabilitation order: mental health treatment requirement
84
Youth rehabilitation order: duration
85
Youth rehabilitation order: fine for breach
Fines
86
Removal of limit on certain fines on conviction by magistrates’ court
87
Power to increase certain other fines on conviction by magistrates’ court
88
Power to amend standard scale of fines for summary offences
89
Withdrawal of warrants of control issued by fines officer
Repeal of uncommenced provisions
90
Custody plus orders and intermittent custody orders
Chapter 2
Bail
91
Amendment of bail enactments
Chapter 3
Remands of children otherwise than on bail
Remands
92
Remands of children otherwise than on bail
Remands to local authority accommodation
93
Remands to local authority accommodation
94
Conditions etc on remands to local authority accommodation
95
Requirements for electronic monitoring
96
Requirements for electronic monitoring: extradition cases
97
Further provisions about electronic monitoring
98
Liability to arrest for breaking conditions of remand
Remands to youth detention accommodation
99
First set of conditions for a remand to youth detention accommodation
100
Second set of conditions for a remand to youth detention accommodation
101
First set of conditions for a remand to youth detention accommodation:
extradition cases
102
Second set of conditions for a remand to youth detention accommodation:
extradition cases
103
Remands to youth detention accommodation

Legal Aid, Sentencing and Punishment of Offenders Bill
v

Supplementary
104
Arrangements for remands
105
Looked after child status
106
Minor and consequential amendments
107
Regulations under this Chapter
108
Interpretation of Chapter
Chapter 4
Release on licence etc
Calculation of days to be served
109
Crediting of periods of remand in custody
110
Crediting of periods of remand on bail
111
Amendments consequential on sections 109 and 110
Release
112
Prisoners serving less than 12 months
113
Restrictions on early release subject to curfew
Further release after recall
114
Cancellation of revocation of licence
115
Further release after recall
Other provisions about release
116
Supervision of young offenders after release
117
Miscellaneous amendments relating to release and recall
118
Replacement of transitory provisions
119
Repeal of uncommenced provisions
Life sentence prisoners
120
Removal of prisoners from the United Kingdom
Application and transitional provision
121
Application and transitional etc provision
Simplification of existing transitional provisions
122
Simplification of existing transitional provisions
Chapter 5
Dangerous offenders
123
Life sentence for second listed offence
124
Abolition of certain sentences for dangerous offenders
125
New extended sentences
126
New extended sentences: release on licence etc

Legal Aid, Sentencing and Punishment of Offenders Bill
vi

127
Sections 124 , 125 and 126 : consequential and transitory provision
128
Dangerous offenders subject to service law etc
129
Power to change test for release on licence of certain prisoners
Chapter 6
Prisoners etc
130
Employment in prisons: deductions etc from payments to prisoners
131
Transfer of prisoners: prosecution of other offences
132
Transit of prisoners
Chapter 7
Out of court disposals
Penalty notices
133
Penalty notices for disorderly behaviour
Cautions
134
Conditional cautions: involvement of prosecutors
135
Conditional cautions: removal etc of certain foreign offenders
Youth cautions
136
Youth cautions
137
Youth conditional cautions: previous convictions
138
Youth conditional cautions: references to youth offending teams
139
Youth conditional cautions: involvement of prosecutors
Chapter 8
Rehabilitation of offenders
140
Establishment or alteration of rehabilitation periods
141
No rehabilitation for certain immigration or nationality purposes
142
Transitional and consequential provision: Chapter 8
Chapter 9
Offences
143
Offences of threatening with article with blade or point or offensive weapon
in public or on school premises
144
Offence of causing serious injury by dangerous driving
145
Offence of squatting in a residential building
146
Scrap metal dealing: increase in penalties for existing offences
147
Offence of buying scrap metal for cash etc
148
Review of offence of buying scrap metal for cash etc
149
Reasonable force for the purposes of self-defence etc

Legal Aid, Sentencing and Punishment of Offenders Bill
vii

Part 4
Final provisions
150
Power to make consequential and supplementary provision etc
151
Financial provision
152
Commencement
153
Extent
154
Channel Islands, Isle of Man and British overseas territories
155
Short title
Schedule 1   —
Civil legal services
Part 1   —
Services
Part 2   —
Excluded services
Part 3   —
Advocacy: exclusion and exceptions
Part 4   —
Interpretation
Schedule 2   —
Criminal legal aid: motor vehicle orders
Schedule 3   —
Legal aid for legal persons
Schedule 4   —
Transfer of employees and property etc of Legal Services
Commission
Part 1   —
Transfer of employees etc
Part 2   —
Transfer of property etc
Part 3   —
Supplementary
Schedule 5   —
Legal aid: consequential amendments
Part 1   —
Amendments
Part 2   —
Repeals consequential on Part 1 of this Schedule
Schedule 6   —
Northern Ireland: information about financial resources
Schedule 7   —
Costs in criminal cases
Part 1   —
Prosecution of Offences Act 1985
Part 2   —
Attorney General’s references
Part 3   —
Extradition Act 2003
Part 4   —
Savings
Schedule 8   —
Costs in criminal cases: service courts
Part 1   —
Appeals from Court Martial
Part 2   —
Appeals from Court Martial Appeal Court
Part 3   —
Savings
Schedule 9   —
Changes to powers to make suspended sentence orders:
consequential and transitory provision
Part 1   —
Consequential amendments
Part 2   —
Transitory provision
Schedule 10   —
Repeal of sections 181 to 188 of the Criminal Justice Act 2003:
consequential amendments
Schedule 11   —
Amendment of enactments relating to bail
Schedule 12   —
Remands of children otherwise than on bail: minor and
consequential amendments
Schedule 13   —
Crediting of time in custody
Part 1   —
Armed Forces amendments
Part 2   —
Other amendments
Schedule 14   —
Prisoners serving less than 12 months: consequential
amendments

© Parliamentary copyright
Revised 22 March 2012