Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 1

LORD BACH

LORD BEECHAM

 

Page 2, line 4, at end insert—

“( ) The Lord Chancellor must ensure that a person eligible for legal aid advice is able to access it in a range of forms ab initio, including securing the provision of initial face-to-face advice.”

Clause 2

LORD BACH

LORD BEECHAM

 

Page 2, line 20, at end insert—

“( ) Before making arrangements under subsection (2)(c), a draft order with the proposed arrangements must be laid before, and approved by an affirmative resolution of, each House of Parliament.”

Clause 3

LORD BACH

LORD BEECHAM

 

Page 2, line 40, at end insert—

“( ) Before making arrangements to accredit persons under subsection (2), the Lord Chancellor must consult, and have regard to the views of, the Law Society and the Bar Council.”

 

Page 3, line 3, leave out subsections (4) and (5)

Clause 8

LORD BACH

LORD BEECHAM

 

Page 5, line 31, leave out paragraph (a) and insert—

“(a) they are not specifically excluded under Schedule 1; and”

 

Page 5, line 35, leave out “omitting” and insert “adding”

 

The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill.

Schedule 1

LORD BACH

LORD BEECHAM

 

Page 115, line 7, leave out paragraphs 1 to 40

Clause 12

LORD WIGLEY

 

Page 8, line 25, leave out from “premises” to end of line 20 on page 9

 

Page 9, line 21, leave out subsection (9) and insert—

“( ) Sections 20 and 26(2) do not apply in relation to this section.”

Clause 26

LORD WIGLEY

 

Page 21, line 7, at end insert “provided that he or she is satisfied that the person would not by virtue of using those services be disadvantaged as a result of disability, mental illness or other impairment”

Clause 43

BARONESS COUSSINS

LORD STEVENSON OF BALMACARA

 

Page 30, line 18, at end insert—

“( ) After subsection (7) insert—

“(8) The Lord Chancellor may by order prescribe that sections 58(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 and 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 significant 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.”.”

 

Page 30, line 20, at end insert “or section 58A(8)”

Clause 45

BARONESS COUSSINS

LORD STEVENSON OF BALMACARA

 

Page 31, line 29, leave out from “unless” to end of line 30 and insert—

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

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

After Clause 113

LORD WIGLEY

 

Insert the following new Clause—

“Abolition of certain sentences for dangerous offenders (No. 2)

All those already serving sentences of imprisonment for public protection for serious offences must either—

(a) have access to relevant rehabilitation programmes, or

(b) have their sentences rescinded,

within 30 days of the commencement of this Act.”

Prepared 1st December 2011