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back to previous amendments
| 191ZL | Page 74, line 31, at end insert— |
| | ""the category range" has the meaning given by section 107(4)(b);" |
| 191A | Insert the following new Clause— |
| | "Imprisonment and detention for public protection |
| (1) | Sentences of imprisonment or detention for public protection under section 225 or 226 of the Criminal Justice Act 2003 (c. 4) ("indeterminate sentences") shall not be imposed after the date on which this Act is passed. |
| (2) | Indeterminate sentences imposed before that date shall, after the expiration of three months from that date, be treated (without prejudice to earlier release) as having expired at the end of the maximum term of imprisonment or detention which could have been imposed in the absence of a power to impose indeterminate sentences." |
| 191AZZA | Page 152, line 35, at end insert— |
| "( ) | But the court must not, save where the interests of justice indicate otherwise, sentence a person to be disqualified for an extension period unless it has considered the effect that any such disqualification will, or is likely to, have in all the circumstances of the case on that person's prospects of rehabilitation, employment, finding accommodation and not re-offending after the completion of the custodial part of the sentence." |
| | Lord Goodhart gives notice of his intention to oppose the Question that Clause 124 stand part of the Bill. |
| | Lord Goodhart gives notice of his intention to oppose the Question that Clause 125 stand part of the Bill. |
| 191AZA | Insert the following new Clause— |
| | Appeals against certain confiscation orders (England and Wales) |
| (1) | The Criminal Appeal Act 1968 (c. 19) is amended in accordance with subsections (2) and (3). |
| (2) | In section 11 (supplementary provisions as to appeal against sentence), after subsection (3) insert— |
| "(3A) | Where the Court of Appeal exercise their power under paragraph (a) of subsection (3) to quash a confiscation order, the Court may, instead of proceeding under paragraph (b) of that subsection, direct the Crown Court to proceed afresh under the relevant enactment. |
| (3B) | When proceeding afresh pursuant to subsection (3A), the Crown Court shall comply with any directions the Court of Appeal may make. |
| (3C) | The Court of Appeal shall exercise the power to give such directions so as to ensure that any confiscation order made in respect of the appellant by the Crown Court does not deal more severely with the appellant than the order quashed under subsection (3)(a). |
| (3D) | For the purposes of this section— |
| | "confiscation order" means a confiscation order made under— |
| (a) | section 1 of the Drug Trafficking Offences Act 1986, |
| (b) | section 71 of the Criminal Justice Act 1988, |
| (c) | section 2 of the Drug Trafficking Act 1994, or |
| (d) | section 6 of the Proceeds of Crime Act 2002; |
| | "relevant enactment", in relation to a confiscation order quashed under subsection (3)(a), means the enactment under which the order was made." |
| (3) | After that section insert— |
| "11A | Quashing of certain confiscation orders: supplementary |
| (1) | This section applies where the Court of Appeal— |
| (a) | quash a confiscation order under section 11(3)(a) ("the quashed order"), and |
| (b) | under section 11(3A), direct the Crown Court to proceed afresh under the relevant enactment. |
| (2) | Nothing in this section prevents any sum paid by the appellant pursuant to the quashed order being a sum which is recoverable from the Secretary of State as a debt owing to the appellant, but the Court of Appeal may direct that any such sum is not to be repaid until such time as the Crown Court makes a confiscation order, or decides not to make such an order, when proceeding afresh pursuant to section 11(3A). |
| (3) | Nothing in this section prevents an amount which would otherwise fall to be repaid as a result of the order being quashed being set against an amount which the appellant is required to pay by virtue of a confiscation order made by the Crown Court in those proceedings. |
| (4) | In this section "confiscation order" and "relevant enactment" have the same meaning as in section 11(3D)."" |
| 191AZB | Insert the following new Clause— |
| | "Appeals against certain confiscation orders (Northern Ireland) |
| (1) | The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended in accordance with subsections (2) and (3). |
| (2) | In section 10 (supplementary provisions as to appeals against sentence), after subsection (3) insert— |
| "(3A) | Where the Court of Appeal exercises its power under subsection (3) to quash a confiscation order, the Court may, instead of passing a sentence in substitution for that order, direct the Crown Court to proceed afresh under the relevant enactment. |
| (3B) | When proceeding afresh pursuant to subsection (3A), the Crown Court shall comply with any directions the Court of Appeal may make. |
| (3C) | For the purposes of this section— |
| | "confiscation order" means a confiscation order made under— |
| (a) | Article 4 or 5 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990, |
| (b) | Article 8 of the Proceeds of Crime (Northern Ireland) Order 1996, or |
| (c) | section 156 of the Proceeds of Crime Act 2002; |
| | "relevant enactment", in relation to a confiscation order quashed under subsection (3), means the enactment under which the order was made." |
| (3) | After that section insert— |
| "10A | Quashing of certain confiscation orders: supplementary |
| (1) | This section applies where the Court of Appeal— |
| (a) | quashes a confiscation order under section 10(3) ("the quashed order"), and |
| (b) | under section 10(3A), directs the Crown Court to proceed afresh under the relevant enactment. |
| (2) | Nothing in this section prevents any sum paid by the appellant pursuant to the quashed order being a sum which is recoverable from the Secretary of State as a debt owing to the appellant, but the Court of Appeal may direct that any sum is not to be repaid until such time as the Crown Court makes a confiscation order, or decides not to make such an order, when proceeding afresh pursuant to section 10(3A). |
| (3) | Nothing in this section prevents an amount which would otherwise fall to be repaid as a result of the order being quashed being set against an amount which the appellant is required to pay by virtue of a confiscation order made by the Crown Court in those proceedings. |
| (4) | In this section "confiscation order" and "relevant enactment" have the same meaning as in section 10(3C)."" |
| 191AA | Page 78, line 44, at end insert— |
| "(2) | Where a statutory instrument includes provision by virtue of subsection (1)— |
| (a) | if paragraph 2 of Schedule 2 to the European Communities Act 1972 (c. 68) applies to the instrument, sub-paragraph (2) of that paragraph has effect as if it required a draft of the instrument to be approved by resolution of each House of Parliament or, in the case of an instrument made by the Scottish Ministers, of the Scottish Parliament; |
| (b) | if section 59(3) of the Government of Wales Act 2006 (c. 32) applies to the instrument, that provision has effect as if it required a draft of the instrument to be approved by resolution of the National Assembly for Wales. |
| (3) | Where a statutory rule to which paragraph 3 of Schedule 2 to the European Communities Act 1972 (c. 68) applies includes provision by virtue of subsection (1), that paragraph has effect as if it required a draft of the rule to be approved by resolution of the Northern Ireland Assembly." |
| 191AB | Page 80, line 30, leave out "as follows" and insert "in accordance with subsections (2) to (4)" |
| 191AC | Page 81, line 26, at end insert— |
| "( ) | In section 21(3) of the Justice (Northern Ireland) Act 2004 (c. 4) (orders and regulations subject to annulment in pursuance of resolution of either House of Parliament) after "1(4)" insert ", 5A(5)"." |
| | BARONESS DEAN OF THORNTON-LE-FYLDE |
| 191B | Page 84, line 20, at end insert— |
| "( ) | In paragraph 1(a), at the end insert "or investigations on behalf of an interested person into deaths of members of Her Majesty's Forces under Part 1 of the Coroners and Justice Act 2009, and "interested person" shall have the meaning given by section 38(2)(a) of that Act"." |
| 191C | Page 84, line 31, at end insert— |
| "( ) | In paragraph 2(1)(ha) omit "or"." |
| 191D | Page 84, line 31, at end insert— |
| "( ) | In paragraph 2(1)(i), at end insert ", or |
| (j) | an investigation on behalf of an interested person into the deaths of members of Her Majesty's Forces under Part 1 of the Coroners and Justice Act 2009, and "interested person" shall have the meaning given by section 38(2)(a) of that Act,"." |
| 191E | Insert the following new Clause— |
| | "Damages-based agreements |
| (1) | The Courts and Legal Services Act 1990 (c. 41) is amended as follows. |
| (2) | After section 58A insert— |
| "58AA | Damages-based agreements |
| (1) | The Lord Chancellor may by order make provision about damages-based agreements. |
| (2) | For the purposes of this section, a "damages-based agreement" is an agreement with a person ("P") providing advocacy services, litigation services or claims management services which provides that— |
| (a) | a payment is to be made to P if a specified person obtains a specified financial benefit in connection with the matter in relation to which the services are provided, and |
| (b) | the amount of that payment is to be determined by reference to the amount of the financial benefit obtained. |
| (3) | An order under subsection (1) may in particular— |
| (a) | provide that a damages-based agreement that satisfies prescribed requirements is not unenforceable by reason only of its being such an agreement; |
| (b) | provide that where a damages-based agreement satisfies some prescribed requirements but not others the following matters are to be determined (in accordance with such provision as may be prescribed) by such court, tribunal or other person as may be prescribed— |
| (i) | whether the agreement is unenforceable by reason of its being a damages-based agreement, and |
| (ii) | in a case where the agreement is enforceable, whether any payment provided for by the agreement is to be reduced and, if so, the amount by which it is to be reduced; |
| (c) | provide that damages-based agreements, or damages-based agreements that do not satisfy prescribed requirements, are unenforceable. |
| (4) | The requirements which may be prescribed by virtue of subsection (3) include— |
| (a) | a requirement that the services provided under the agreement are, or are not, services of a prescribed description; |
| (b) | a requirement that the person liable to make a payment under the agreement is of a prescribed description; |
| (c) | a requirement that the agreement does not provide for a payment above a prescribed amount, or above an amount calculated in a prescribed manner; |
| (d) | a requirement that the agreement contains, or does not contain, prescribed terms or conditions; |
| (e) | a requirement that the person providing services under the agreement provided prescribed information before the agreement was made; |
| (f) | a requirement that the agreement is in writing; |
| | and different requirements may be prescribed in relation to different descriptions of damages-based agreements. |
| (5) | An order under subsection (1) may in particular also provide that a costs order made in any proceedings may, in prescribed circumstances and subject in the case of court proceedings to rules of court, include provision requiring the payment of an amount payable under a damages-based agreement. |
| (6) | Rules of court may make provision with respect to the assessment of any costs which include amounts payable under a damages-based agreement. |
| (7) | An order under subsection (1)— |
| (a) | may not make provision in respect of agreements entered into before the order is made; |
| (b) | may make such amendments to section 57 of the Solicitors Act 1974 as the Lord Chancellor considers appropriate in consequence of any provision of such an order; |
| (c) | may make provision about appeals in respect of determinations made in pursuance of provision made by virtue of subsection (3)(b). |
| (8) | Before making an order under subsection (1) the Lord Chancellor must consult— |
| (a) | the designated judges, |
| (b) | the General Council of the Bar, |
| (d) | such other bodies as the Lord Chancellor considers appropriate. |
| (a) | "proceedings" includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated; and |
| (b) | references to "advocacy services" or "litigation services" include a reference to services that it would be reasonable to expect a person who is acting (or contemplating acting) for another in relation to proceedings that do not take place in a court to provide. |
| | "claims management services" has the same meaning as in Part 2 of the Compensation Act 2006 (see section 4(2)(b) of that Act); |
| | "payment" includes a transfer of assets and any other transfer of money's worth (and the reference in subsection (4)(c) to a payment above a prescribed amount, or above an amount calculated in a prescribed manner, is to be construed accordingly); |
| | "prescribed" means prescribed by an order under subsection (1)." |
| (3) | In section 119 (interpretation) for the definition of "prescribed" substitute— |
| | ""prescribed" (except in section 58AA) means prescribed by regulations under this Act;". |
| (4) | In section 120(4) (regulations and orders) after "58(4)," insert "58AA(1),"." |
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