Legal Aid, Sentencing and Punishment of Offenders Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING

The amendments have been marshalled in accordance with the Order to be considered on 27th March 2012, as follows—

Clauses 1 to 9
Schedule 1
Clauses 10 to 24
Schedule 2
Clauses 25 to 31
Schedule 3
Clauses 32 to 38
Schedule 4
Clause 39
Schedule 5
Clause 40
Schedule 6
Clauses 41 to 63
Schedules 7 and 8
Clauses 64 to 69
Schedule 9
Clauses 70 to 90
Schedule 10
Clause 91
Schedule 11
Clauses 92 to 106
Schedule 12
Clauses 107 to 111
Schedule 13
Clause 112
Schedule 14
Clauses 113 to 121
Schedule 15
Clause 122
Schedules 16 and 17
Clause 123
Schedules 18 and 19
Clauses 124 to 126
Schedule 20
Clause 127
Schedule 21
Clause 128
Schedule 22
Clauses 129 to 133
Schedule 23
Clauses 134 to 136
Schedule 24
Clauses 137 to 142
Schedule 25
Clause 143
Schedule 26
Clause 144
Schedule 27
Clauses 145 to 155

[Amendments marked * are new or have been altered]

Clause 9

LORD MCNALLY

1

Page 6, line 25, leave out from “order” to “(whether” in line 26 and insert “—

(a) add services to Part 1 of Schedule 1, or

(b) vary or omit services described in that Part,”

LORD BACH

LORD BEECHAM

2

Page 6, line 25, leave out “omitting” and insert “adding”

Schedule 1

BARONESS GREY-THOMPSON

BARONESS BENJAMIN

BARONESS EATON

3

Page 140, line 5, at end insert—

“Children under 18

1 (1) Civil legal services in relation to advice and proceedings where a child is, or proposes to be, the applicant or respondent in proceedings, or where the child is represented by a legal guardian, including—

(a) private family law;

(b) any benefit, allowance, payment, credit or pension under—

(i) the Social Security Contributions and Benefits Act 1992,

(ii) the Jobseekers Act 1995,

(iii) the State Pension Credit Act 2002,

(iv) the Tax Credits Act 2002,

(v) the Welfare Reform Act 2007,

(vi) the Welfare Reform Act 2011, or

(vii) any other enactment relating to social security;

(c) all areas of education law not otherwise covered in this Schedule;

(d) all areas of housing law not otherwise covered in this Schedule;

(e) all areas of debt-related disputes not otherwise covered in this Schedule;

(f) all areas of immigration and asylum law not otherwise covered in this Schedule;

(g) all areas of clinical negligence law not otherwise covered in this Schedule;

(h) all areas of consumer law not otherwise covered in this Schedule;

(i) appeals to the Criminal Injuries Compensation Authority;

(j) civil legal services relating to a review or appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007; and

(k) civil legal services relating to an appeal to the Supreme Court.”

LORD CORMACK

BARONESS EATON

LORD CRISP

4

Page 140, line 5, at end insert—

“Children and clinical negligence

(1) Civil legal services provided in relation to clinical negligence in the course of the provision of clinical services which took place at a time when the individual was a child.

(2) In this paragraph—

“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

“clinical negligence proceedings” means proceedings which include a claim for damages in respect of clinical negligence;

“child” means a person under the age of 18.”

BARONESS HOWE OF IDLICOTE

BARONESS MASSEY OF DARWEN

BARONESS BENJAMIN

LORD RAMSBOTHAM

5

Page 140, line 32, at end insert—

“Vulnerable young people

(1) Civil legal services provided in relation to advice and proceedings under this paragraph where the applicant or respondent is aged twenty four or under, and—

(a) has a disability under section 6 of the Equality Act 2010;

(b) is a former relevant child (care leaver) by reference to the Children (Leaving Care) Act 2000;

(c) is a vulnerable person as specified by regulations; or

(d) otherwise falls within the categories of vulnerable young people which the Secretary of State may prescribe in regulations.

(2) Civil legal services provided in relation to advice and proceedings relating to any benefit, allowance, payment, credit or pension under—

(a) the Social Security Contributions and Benefits Act 1992;

(b) the Jobseekers Act 1995;

(c) the State Pension Credit Act 2002;

(d) the Tax Credits act 2002;

(e) the Welfare Reform Act 2007;

(f) the Welfare Reform Act 2012; or

(g) any other enactment relating to social security.

(3) Civil legal services provided in relation to advice and proceedings relating to all areas of employment law not otherwise covered in this Schedule.

(4) Civil legal services provided in relation to advice and proceedings relating to all areas of housing law not otherwise covered in this Schedule.

(5) Civil legal services provided in relation to advice and proceedings relating to all areas of law related to personal debt not otherwise covered in this Schedule.

(6) Civil legal services provided in relation to advice and proceedings relating to all areas of immigration and asylum law not otherwise covered in this Schedule.

(7) Civil legal services provided in relation to advice and proceedings relating to all areas of clinical negligence law not otherwise covered in this Schedule.

(8) Civil legal services provided in relation to advice and proceedings relating to all areas of consumer law not otherwise covered in this Schedule.

(9) Civil legal services provided in relation to advice and proceedings relating to appeals to the Criminal Injuries Compensation Authority.

(10) Civil legal services provided in relation to advice and proceedings relating a review or appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007.

(11) Civil legal services provided in relation to advice and proceedings relating to an appeal to the Supreme Court.”

LORD MCNALLY

6

Page 141, leave out lines 31 to 33

7

Page 141, line 36, leave out “, or prescribed under,”

8

Page 144, leave out lines 37 and 38

9

Page 145, line 26, at end insert “or to secure the return of a related child who has been unlawfully removed from the United Kingdom”

10

Page 145, line 30, at end insert—

“( ) an order under section 34 of that Act for the child’s return;”

11

Page 145, line 32, at end insert—

“(1A) Civil legal services provided to an individual in relation to the following orders and applications where the individual is seeking to secure the return of a related child who has been unlawfully removed to a place in 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 application under section 27 of the Family Law Act 1986 for registration of an order relating to the child;

(c) an order under section 33 of that Act for disclosure of the child’s whereabouts;

(d) an order under section 34 of that Act for the child’s return.”

12

Page 145, line 34, leave out “Sub-paragraph (1) is” and insert “Sub-paragraphs (1) and (1A) are”

13

Page 149, leave out lines 1 and 2

14

Page 154, line 16, leave out from “Schedule” to “is” in line 18

15

Page 160, line 2, at end insert—

“Victims of trafficking in human beings

33A (1) Civil legal services provided to an individual in relation to an application by the individual for leave to enter, or to remain in, the United Kingdom where—

(a) there has been a conclusive determination that the individual is a victim of trafficking in human beings, or

(b) there are reasonable grounds to believe that the individual is such a victim and there has not been a conclusive determination that the individual is not such a victim.

(2) Civil legal services provided in relation to a claim under employment law arising in connection with the exploitation of an individual who is a victim of trafficking in human beings, but only where—

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

(b) the individual has died and the services are provided to the individual’s personal representative.

(3) Civil legal services provided in relation to a claim for damages arising in connection with the trafficking or exploitation of an individual who is a victim of trafficking in human beings, but only where—

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

(b) the individual has died and the services are provided to the individual’s personal representative.

Exclusions

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

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

(a) the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6 and 8 of that Part, and

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

Definitions

(6) For the purposes of sub-paragraph (1)(b) there are reasonable grounds to believe that an individual is a victim of trafficking in human beings if a competent authority has determined for the purposes of Article 10 of the Trafficking Convention (identification of victims) that there are such grounds.

(7) For the purposes of sub-paragraph (1) there is a conclusive determination that an individual is or is not a victim of trafficking in human beings when, on completion of the identification process required by Article 10 of the Trafficking Convention, a competent authority concludes that the individual is or is not such a victim.

(8) In this paragraph—

“competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Trafficking Convention;

“employment” means employment under a contract of employment or a contract personally to do work and references to “employers” and “employees” are to be interpreted accordingly;

“employment law” means an enactment or rule of law relating to employment, including in particular an enactment or rule of law conferring powers or imposing duties on employers, conferring rights on employees or otherwise regulating the relations between employers and employees;

“exploitation” means a form of exploitation described in section 4(4) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (trafficking people for exploitation);

“personal representative”, in relation to an individual who has died, means—

(a) a person responsible for administering the individual’s estate under the law of England and Wales, Scotland or Northern Ireland, or

(b) a person who, under the law of another country or territory, has functions equivalent to those of administering the individual’s estate;

“the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16 May 2005);

“trafficking in human beings” has the same meaning as in the Trafficking Convention.”

LORD BEST

LORD BACH

LORD HARRIES OF PENTREGARTH

16

Page 160, line 6, at end insert—

“( ) Civil legal services provided for the purposes of sub-paragraph (1) include legal advice and assistance in respect of that individual’s financial circumstances, including any eligibility for housing benefits, where those circumstances have led or directly contributed to the relevant court order for sale or possession, or eviction.”

LORD MCNALLY

17

Page 169, line 15, leave out “or 31” and insert “, 31 or 33A(1)”

18

Page 170, leave out lines 5 to 11

Clause 10

LORD PANNICK

LORD MACKAY OF CLASHFERN

LORD WOOLF

LORD HART OF CHILTON

19*

Page 7, line 5, at end insert “, or

(c) that—

(i) it is necessary to make the services available to the individual under this Part to prevent specific injustice in a particular case; and

(ii) it is appropriate to do so, in order to prevent such injustice, from the funds (if any) which the Lord Chancellor in his discretion makes available to the Director for the purposes of this paragraph.”

Clause 21

LORD MCNALLY

20

Page 16, line 40, leave out “13 or”

Before Clause 44

BARONESS COUSSINS

LORD STEVENSON OF BALMACARA

BARONESS MILLER OF CHILTHORNE DOMER

BARONESS HOOPER

21

Insert the following new Clause—

“Exception for international human rights cases

The changes made by sections 46, 48 and 49 of this Act do not apply in relation to proceedings which include a claim for damages for international human rights cases as defined in section 58(C)(2B) (Recovery of insurance premiums by way of costs) of the Courts and Legal Services Act 1990, as inserted by section 48 of this Act.”

Clause 46

BARONESS COUSSINS

LORD STEVENSON OF BALMACARA

BARONESS MILLER OF CHILTHORNE DOMER

BARONESS HOOPER

22

Page 33, line 6, at end insert—

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

“(8) The Lord Chancellor may by order prescribe that subsections (4A) and (4B) and subsection (6) shall not apply to any conditional fee agreement where all of the following conditions are met—

(a) the proceedings include a claim by an individual or group of individuals for damages;

(b) the loss or injury allegedly caused has occurred in a developing country;

(c) a judge of the High Court has certified, whether before or after the commencement of court proceedings, that—

(i) the proposed litigation raises issues which ought, in the interests of justice, to be considered by a court in England or Wales;

(ii) the resources of the proposed claimant or claimants are significantly less than those of the proposed defendant or defendants; and

(iii) in the absence of the provisions of this subsection there would be a signficant risk that the proposed claimant or claimants would be unable to secure effective legal representation in England or Wales.

(9) In subsection (8) “developing country” means a country, not being a member state of the European Union, whose per capita gross national income was less than 50 per cent of the per capita gross national income of the United Kingdom in any of the three years prior to the year (or if more than one year, the first year) in which the injury or loss is alleged to have occurred.””

23

Page 33, line 8, at end insert “or section 58A(8)”

LORD PANNICK

LORD ALTON OF LIVERPOOL

24

Page 33, line 18, at end insert—

“(7) To the extent specified in regulations made by the Lord Chancellor by statutory instrument, the amendments made by subsection (4) and section 48 and the repeal made by section 49(1), do not apply in relation to a costs order made in favour of a party to proceedings of a description specified in the regulations.

(8) A statutory instrument containing regulations under subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament.”

LORD PRESCOTT

LORD BACH

BARONESS O’NEILL OF BENGARVE

25*

Page 33, line 18, at end insert—

“( ) The amendments made by subsections (2) and (4) do not apply in relation to proceedings that include a claim for damages or other relief in relation to—

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

(b) defamation.”

Clause 48

BARONESS COUSSINS

LORD STEVENSON OF BALMACARA

BARONESS MILLER OF CHILTHORNE DOMER

BARONESS HOOPER

26

Page 34, line 24, leave out from “unless” to end of line 25 and insert—

“(a) the party is one to whom section 58A(8) applies; or

(b) such provision is permitted by regulations under subsection (2).”

27*

Page 34, line 39, at end insert—

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

(a) the order is made in favour of a party to an international human rights claim;

(b) the party has taken out a costs insurance policy insuring against the risk of incurring a liability to pay adverse legal costs and/or their own expert fees or other legal disbursements in accordance with the proceedings;

(c) the policy is of a prescribed description;

(d) the policy states how much of the premium relates to the liability to pay for adverse legal costs and/or the party’s own legal disbursements in respect of international human rights (“the relevant part of the premium”); and

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

(2B) In subsection (2A), “international human rights claims” means proceedings that include a claim by an individual or group of individuals for damages for the loss or injury allegedly caused in a developing country.

(2C) In subsection (2B) “developing country” means a country, not being a member state of the European Union, whose per capita gross national income was less than 50 per cent of the per capita gross national income of the United Kingdom in any of the three years prior to the year (or if more than one year, the first year) in which the injury or loss is alleged to have occurred.”

LORD PRESCOTT

LORD BACH

BARONESS O’NEILL OF BENGARVE

28*

Page 35, line 23, at end insert—

“( ) The amendments made by this section do not apply to a costs order made in favour of a party to proceedings which include a claim for damages or other relief in relation to—

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

(b) defamation.”

Clause 57

LORD MCNALLY

29

Page 42, line 29, after “death,” insert—

“( ) the legal services relate to any other claim or potential claim for damages arising out of circumstances involving personal injury or death,”

30

Page 43, line 6, after “consideration” insert “whether any benefit is received by the regulated person or by a third party”

After Clause 66

LORD WOOLF

LORD RAMSBOTHAM

THE LORD BISHOP OF LIVERPOOL

LORD BEECHAM

31*

Insert the following new Clause—

“Restorative justice

(1) In section 142 of the Criminal Justice Act 2003 (purposes of sentencing), in subsection (1)(e), at end insert—

“including, where the person affected agrees to this, reparation by means of restorative justice”.”

After Clause 68

BARONESS LINKLATER OF BUTTERSTONE

32

Insert the following new Clause—

“Guidance for Probation Trusts

The Lord Chancellor shall publish guidance for Probation Trusts concerning how Probation Trusts publicise to magistrates arrangements for magistrates to claim reimbursement for contact with Probation Trusts including reimbursement for the costs of visits undertaken in connection with community programmes.”

Clause 77

LORD MCNALLY

33

Page 58, line 45, at end insert—

“(9) In Schedule 9 to that Act (transfer of community orders to Scotland or Northern Ireland)—

(a) in paragraph 1(5), after “require” insert “an alcohol abstinence and monitoring requirement or”, and

(b) in paragraph 3, after sub-paragraph (4) insert—

“(4A) The court may not by virtue of sub-paragraph (1) or (3) require an alcohol abstinence and monitoring requirement to be complied with in Northern Ireland.”

(10) In Schedule 13 to that Act (transfer of suspended sentence orders to Scotland or Northern Ireland—

(a) in paragraph 1(5), after “require” insert “an alcohol abstinence and monitoring requirement or”, and

(b) in paragraph 6, after sub-paragraph (4) insert—

“(4A) The court may not by virtue of sub-paragraph (1) or (3) require an alcohol abstinence and monitoring requirement to be complied with in Northern Ireland.”

(11) In the Armed Forces Act 2006—

(a) in section 180 (transfer of service community order to Scotland or Northern Ireland), in subsection (2), after “3(1)” insert “and (4A)”, and

(b) in section 204 (transfer of suspended sentence order to Scotland or Northern Ireland), in subsection (2), for “6(5)” substitute “6(4A) and (5)”.”

Clause 78

LORD MCNALLY

34

Page 59, line 24, after “(5)(a)” insert “—

(a) ”

35

Page 59, line 25, at end insert “;

(b) may not enable a court to provide for an alcohol abstinence and monitoring requirement to be complied with in Scotland or Northern Ireland.”

Clause 145

BARONESS MILLER OF CHILTHORNE DOMER

BARONESS LISTER OF BURTERSETT

36

Page 132, line 7, at end insert “or if the building has been empty twelve months or more and is not subject to a current planning application”

37

Page 132, leave out lines 9 and 10 and insert—

“( ) a building is “residential” if it falls within use class C3 (dwellings, houses, flats, apartments) or C4 (houses of multiple occupation) as designated by the Town and Country Planning (Use Classes) Order 1987 (as amended) or any equivalent designation prescribed by the Secretary of State; and”

Clause 147

LORD FAULKNER OF WORCESTER

LORD BERKELEY

38

Page 133, leave out lines 34 to 39

Clause 152

LORD BACH

39

Page 137, line 15, leave out “(2) and (3)” and insert “, (1A), (2) and (3).

(1A) An order under this section bringing into force sections 46 and 48 may not be made until the Lord Chancellor has laid before both Houses of Parliament a statement outlining the proposed arrangements for insolvency proceedings in the light of the changes made by Part 2”

BARONESS MILLER OF CHILTHORNE DOMER

BARONESS LISTER OF BURTERSETT

40

Page 137, line 15, leave out “and (3)” and insert “, (3) and (3A)”

41

Page 137, line 22, at end insert—

“(3A) Section 145 shall not come into force until the Lord Chancellor or the Secretary of State has consulted representatives of local authorities and such other persons as he considers appropriate.”

Clause 153

LORD MCNALLY

42

Page 137, line 38, at end insert—

“(3A) Section 78 extends to England and Wales, Scotland and Northern Ireland, subject to subsection (10).”

43

Page 138, line 24, after “sections” insert “78,”

Prepared 27th March 2012