Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENTS
TO BE MOVED
ON REPORT
[Supplementary to the Fourth Marshalled List]

Before Clause 60

BARONESS LINKLATER OF BUTTERSTONE

 

Insert the following new Clause—

“Short prison sentences

A court may not pass a sentence of immediate imprisonment for a term of less than six months unless it considers that no other method of dealing with the offender is appropriate, and must state the reasons for its opinion in open court in accordance with the provisions of section 174 of the Criminal Justice Act 2003 (duty to give reasons for, and explain effect of, sentence).”

After Clause 72

LORD WOOLF

LORD DHOLAKIA

 

Insert the following new Clause—

“Restorative justice requirement

(1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 177(1) (community orders) after paragraph (j) insert—

“(ja) a restorative justice requirement (as defined by section 212A),”.

(3) After section 212 insert—

“212A Restorative justice requirement

(1) In this Part “restorative justice requirement”, in relation to relevant order, means a requirement that the offender must take part in a process of restorative justice involving him and any person or persons affected by the offence.

(2) A court may not impose a restorative justice requirement in respect of an offender unless the offender and another person or persons affected by the offence have expressed their willingness to participate in a process of restorative justice.

(3) A court may not impose a restorative justice requirement unless it is satisfied that arrangements for a process of restorative justice can be or have been made in the area where the offender will reside.”.”

 

Insert the following new Clause—

“Activity requirement: restorative justice activities

In section 201(2) of the Criminal Justice Act 2003 (activity requirement)—

(a) after “reparation” insert “or restorative justice”, and

(b) after “contact” insert “or mediation”.”

Prepared 16th March 2012