Access to Justice Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
After Clause 12
 
  
BY THE LORD ACKNER
 
150     Insert the following new Clause-- 
     (  .--(1)  The Commission shall issue a code of conduct (the Defender's Code") for persons or bodies providing services as part of the Criminal Defence Service (defenders").
 
    (2)  No defender shall be accredited under section 12(5) unless--
    (a)  where the defender is an employee of the Commission or an employee of a body funded by the Commission, the defender's contract of employment includes the Defender's Code; or
    (b)  in any other case, the defender is bound by other professional rules of conduct which are as least as comprehensive and as stringent as the Defender's Code.
    (3)  The Defender's Code shall include rules about--
    (a)  the defender's duty to the court;
    (b)  the defender's duty to protect the interest of the individual concerned, including the defender's duty to decline or cease to act because the defender has insufficient skill, experience, competence or available time;
    (c)  the defender's duty to avoid conflicts of interest and to act with independence, integrity and freedom from external pressures;
    (d)  the defender's duty not to discriminate because of race, sex or other unjust reason; and
    (e)  the defender's duty of confidentiality.
    (4)  Before the Commission issues a Defender's Code, it shall prepare and publish a draft of that Code and consider any representations about the draft; and it may modify the draft accordingly.
 
    (5)  Subject to subsection (4), the Commission shall submit the draft Defender's Code to the Lord Chancellor who shall lay it before both Houses of Parliament; and if the draft is approved by resolution of each House of Parliament, the Commission shall issue the Defender's Code in the form of the approved draft which shall come into force on such day as the Lord Chancellor shall by order appoint.
 
    (6)  The Commission may from time to time revise the whole or any part of the Defender's Code and subsections (4) and (5) shall apply to any revised Code as they apply to the first draft.")
Code of conduct for defence service providers.
  
Clause 13
 
  
BY THE LORD ACKNER
 
151     Page 8, line 44, leave out (it considers appropriate") and insert (are necessary in the interests of justice") 
152     Page 9, line 5, leave out (or bodies") 
153     Page 9, leave out lines 11 and 12 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
THE LORD KINGSLAND
 
154     Page 9, line 13, leave out (or loans") 
  
BY THE LORD ARCHER OF SANDWELL
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
155     Page 9, leave out lines 15 to 17 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD GOODHART
THE LORD ACKNER
 
156     Page 9, line 15, leave out from beginning to (or") 
  
BY THE LORD ACKNER
 
157     Page 9, line 15, leave out from (assistance") to end of line 17 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD GOODHART
 
158     Page 9, line 17, at end insert (except itself providing advice or assistance") 
  
BY THE LORD KINGSLAND
 
159*     Page 9, line 17, at end insert (, or
    (h)  making payments to persons or bodies in respect of advice or assistance by them, according to independently verifiable criteria defined within a graduated fee scheme.")
 
  
BY THE LORD ACKNER
 
160     Page 9, leave out line 19 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
161     Page 9, line 20, at end insert--
 
    ((  ) The Commission shall keep under review whether, in relation to each category of case in which it funds advice and assistance as part of the Criminal Defence Service, the interests of justice require particular kinds of advice or assistance to be provided by way of specialist legal services offered on a referral basis; and if so, shall ensure that the arrangements made to comply with the duty imposed by subsection (1) include appropriate provision.")
 
  
Clause 14
 
  
BY THE LORD ACKNER
 
162     Page 9, leave out lines 35 and 36 
  
BY THE LORD ARCHER OF SANDWELL
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
163     Page 9, leave out lines 39 to 41 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD GOODHART
THE LORD ACKNER
 
164     Page 9, line 39, leave out from beginning to (or") 
  
BY THE LORD ACKNER
 
165     Page 9, line 39, leave out from (representation") to end of line 41 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD GOODHART
 
166     Page 9, line 41, at end insert (except itself providing representation") 
  
BY THE LORD ACKNER
 
167     Page 9, leave out line 43 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
168     Page 10, line 1, at end insert--
 
    ((  )  The Commission shall keep under review whether, in relation to each category of case in which an individual may be granted a right to representation in accordance with Schedule 3, the interests of justice require any advocacy to be conducted by a specialist advocate; and if so, shall ensure that the arrangements made to comply with the duty imposed by subsection (2) include appropriate provision.")
 
169     Page 10, line 1, at end insert--
 
    ((  )  A person or body providing representation to which an individual has been granted a right in accordance with Schedule 3 shall consider whether, in that individual's case, the interests of justice require any advocacy to be conducted by a specialist advocate; and if so, shall make appropriate arrangements.")
 
  
BY THE LORD ACKNER
 
170     Page 10, line 7, leave out subsection (6) 
  
BY THE LORD ARCHER OF SANDWELL
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
171     Page 10, line 8, leave out from ((5)") to (is") in line 10 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
172     Page 10, line 8, leave out from ((5)") to (is") in line 14 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD GOODHART
 
173     Page 10, line 8, leave out from (to") to end of line 13 and insert (include a right to select a representative who is not accredited to provide services of the kind required or who is not willing to provide such services on terms which are reasonable, having regard to the terms on which comparable services are provided by other persons or bodies,") 
  
BY THE LORD ACKNER
 
174     Page 10, line 8, leave out (of prescribed descriptions") and insert (where the rules relating to the examination of witnesses so require") 
  
BY THE LORD ARCHER OF SANDWELL
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
175     Page 10, line 10, leave out from first (right") to (is") in line 12 
176     Page 10, line 12, leave out from (right") to (is") in line 14 
177     Page 10, line 19, leave out subsection (7) 
  
BY THE LORD ACKNER
 
178     Page 10, line 19, leave out subsection (7) and insert--
 
    ((7) In cases where subsection (6)(a) applies, the court (as defined in paragraph 1(2) of Schedule 3) shall order how the Commission shall comply with the duty imposed by subsection (2).")
 
  
Schedule 3
 
  
BY THE LORD ACKNER
 
179     Page 55, line 27, at end insert (, including bail proceedings") 
180     Page 56, leave out lines 3 to 21 
181     Page 56, line 30, after (be") insert (included amongst those") 
  
Clause 15
 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD GOODHART
THE LORD KINGSLAND
 
182     Page 10, line 35, at end insert--
 
    ((  )  Before making regulations for the purpose described in subsection (1), the Lord Chancellor shall consult the Law Society and the General Council of the Bar and shall have regard to the principle of fair and reasonable remuneration.")
 
  
BY THE LORD ACKNER
 
183     Page 10, line, 35, at end insert--
 
    ((  ) Such provision shall include provision for separately negotiated remuneration--
    (a) for specialist advocates in any criminal proceedings where the court directs that the interests of justice require their services; and
    (b) for all representatives in any criminal proceedings where the court estimates that the length of the trial will exceed such number of days as may be prescribed.")
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
184     Page 10, line 35, at end insert--
 
    ((  )  Arrangements made for funding legal services provided as part of the Criminal Defence Service must respect the principle that such services are to be remunerated by payment of a reasonable amount, taking into account all the relevant circumstances of the case, for all work actually and reasonably done.")
 
185     Page 10, line 35, at end insert--
 
    ((  )  Where, in an individual case funded as part of the Criminal Defence Service, advice and assistance or advocacy are provided by a person offering specialist legal services on a referral basis, regulations shall require that person's remuneration to be quantified and paid separately from other items in the case.")
 
  
Clause 16
 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
186     Page 10, line 41, leave out ((and the individual is not acquitted)") 
  
Clause 17
 
  
BY THE LORD KINGSLAND
THE LORD PHILLIPS OF SUDBURY
 
187     Page 11, line 22, after (to") insert (provide the greatest possible choice of good quality legal services for those requiring its services, and subject to that to") 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD GOODHART
 
188     Page 11, line 22, at end insert (consistent with the interests of justice") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
189     Page 11, line 22, at end insert (consistent with the interests of justice and the purpose mentioned in section 12(1)") 
  
BY THE LORD ACKNER
 
190     Page 11, line 22, at end insert (but shall always treat the interests of justice as paramount") 
  
After Clause 17
 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
191     Insert the following new Clause-- 
     (. A person or body providing an individual with advice and assistance funded as part of the Criminal Defence Service shall consider whether, in that individual's case, the interests of justice require any advice or assistance to be provided by way of specialist legal services offered on a referral basis; and if so, shall make appropriate arrangements.")Advice and assistance in cases funded by Criminal Defence Service.
  
BY THE LORD KINGSLAND
 
192     Insert the following new Clause-- 
     (.--(1)  There shall be a body known as the Criminal Defence Service Review Body (in this section referred to as the Review Body.")
 
    (2)  The Review Body's functions shall be--
    (a)  to advise the Lord Chancellor as to appropriate target incomes for those providing services under the Criminal Defence Service; and
    (b)  to advise the Lord Chancellor as to the pricing of contracts so as to secure those target levels.
    (3)  In advising the Lord Chancellor, the Review Body shall suggest target levels which enable those receiving services from the Commission to obtain good quality services, and subject to that, provide the best value for money.")
Criminal Defence Service Review Body.
  
Clause 18
 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
193     Page 11, line 31, leave out (directions given by him under section 4") and insert (order") 
  
BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
 
194     Page 11, line 31, leave out (directions given") and insert (regulations made") 
195     Page 11, line 34, leave out (specified by the directions") and insert (prescribed") 
  
BY THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
196     Page 11, line 34, leave out (directions") and insert (order") 
  
BY THE LORD ACKNER
 
     The Lord Ackner gives notice of his intention to oppose the Question that Clause 18 stand part of the Bill. 
 
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Prepared 19 January 1999