Presentation by Ms. Rasa Ostrauskaite, Co-ordinator of Activities to Address Transnational Threats
The Lord Chancellor must secure that legal aid is made available in accordance with this Part.
In this Part “legal aid” means—
civil legal services required to be made available under section 9 or 10 or paragraph 3 of Schedule 3 (civil legal aid), and
services consisting of advice, assistance and representation required to be made available under section 13, 15 or 16 or paragraph 4 or 5 of Schedule 3 (criminal legal aid).
The Lord Chancellor may secure the provision of—
general information about the law and the legal system, and
information about the availability of advice about, and assistance in connection with, the law and the legal system.
The Lord Chancellor may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of the Lord Chancellor's functions under this Part.
Nothing in this Part affects the powers that the Lord Chancellor has otherwise than under this Part.
The Lord Chancellor may make such arrangements as the Lord Chancellor considers appropriate for the purposes of carrying out the Lord Chancellor's functions under this Part.
The Lord Chancellor may, in particular, make arrangements by—
making grants or loans to enable persons to provide services or facilitate the provision of services,
making grants or loans to individuals to enable them to obtain services, and
establishing and maintaining a body to provide services or facilitate the provision of services.
The Lord Chancellor may by regulations make provision about the payment of remuneration by the Lord Chancellor to persons who provide services under arrangements made for the purposes of this Part.
If the Lord Chancellor makes arrangements for the purposes of this Part that provide for a court, tribunal or other person to assess remuneration payable by the Lord Chancellor, the court, tribunal or person must assess the remuneration in accordance with the arrangements and, if relevant, with regulations under subsection (3).
The Lord Chancellor may make different arrangements, in particular, in relation to—
different areas in England and Wales,
different descriptions of case, and
different classes of person.
The Lord Chancellor may set and monitor standards in relation to services made available under this Part.
The Lord Chancellor may, in particular, make arrangements for the accreditation of persons providing, or wishing to provide, such services by—
the Lord Chancellor, or
persons authorised by the Lord Chancellor.
Arrangements for accreditation must include—
arrangements for monitoring services provided by accredited persons, and
arrangements for withdrawing accreditation where the services provided are unsatisfactory.
The Lord Chancellor may impose charges in connection with—
accreditation,
monitoring services provided by accredited persons, and
authorising accreditation by others.
Persons authorised by the Lord Chancellor may, in accordance with the terms of their authorisation, impose charges in connection with—
accreditation, and
monitoring services provided by accredited persons.
The Lord Chancellor must designate a civil servant as the Director of Legal Aid Casework (“the Director”).
The Lord Chancellor must make arrangements for the provision to the Director by civil servants or other persons (or both) of such assistance as the Lord Chancellor considers appropriate.
The Director must—
comply with directions given by the Lord Chancellor about the carrying out of the Director's functions under this Part, and
have regard to guidance given by the Lord Chancellor about the carrying out of those functions.
But the Lord Chancellor—
must not give a direction or guidance about the carrying out of those functions in relation to an individual case, and
must ensure that the Director acts independently of the Lord Chancellor when applying a direction or guidance under subsection (3) in relation to an individual case.
The Lord Chancellor must publish any directions and guidance given under this section.
Directions and guidance under this section may be revised or withdrawn from time to time.
The following functions of the Lord Chancellor may be exercised by, or by employees of, a person authorised by the Lord Chancellor for that purpose—
securing the provision of information under section 1(3), and
setting and monitoring standards under section 3.
Regulations may provide for a function of the Lord Chancellor under regulations made under this Part to be exercisable by, or by employees of, a person authorised by the Lord Chancellor for that purpose.
The functions conferred on the Director by this Part may be exercised by, or by employees of, a person authorised by the Director for that purpose.
Regulations may provide for a function of the Director under regulations made under this Part to be exercisable by, or by employees of, a person authorised by the Director for that purpose.
A direction given by the Lord Chancellor under section 4 about the carrying out of the Director's functions may, in particular, require the Director—
to authorise, or not to authorise, a person to carry out a function specified in the direction, or
to authorise, or not to authorise, a person specified, or of a description specified, in the direction to carry out such a function.
Regulations under subsection (2) or (4) may provide that a function may be exercised—
wholly or to a limited extent;
generally or in particular cases or areas;
unconditionally or subject to conditions.
An authorisation given for the purposes of this section or regulations under this section may provide that a function may be exercised—
wholly or to a limited extent;
generally or in particular cases or areas;
unconditionally or subject to conditions.
In the case of an authorisation given for the purposes of regulations under this section, subsection (7) is subject to the provisions of the regulations.
An authorisation given for the purposes of section 5 or regulations under that section—
may specify its duration,
may specify or describe the authorised person,
may be varied or revoked at any time by the person who gave it, and
does not prevent the Lord Chancellor, the Director or another person from exercising the function to which the authorisation relates.
Anything done or omitted to be done by or in relation to a person authorised under section 5(1) or regulations under section 5(2) (or an employee of such a person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by the Lord Chancellor.
Anything done or omitted to be done by or in relation to a person authorised under section 5(3) or regulations under section 5(4) (or an employee of such a person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by the Director.
Subsections (2) and (3)—
do not affect the rights and liabilities of the authorised person or the Lord Chancellor under any arrangements made between them,
do not prevent any civil proceedings which could otherwise be brought by or against the authorised person (or an employee of that person) from being brought,
do not apply for the purposes of criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person), and
do not make the Lord Chancellor or the Director liable under section 6 of the Human Rights Act 1998 in respect of any act or omission of an authorised person if the act or omission is of a private nature.
Where— the authorised person is entitled to treat the contract as repudiated by the Lord Chancellor (and not as frustrated by reason of the revocation).
an authorisation given for the purposes of section 5 or regulations under that section is revoked, and
at the time of the revocation so much of any contract made between the authorised person and the Lord Chancellor as relates to the exercise of the function is subsisting,
In this section “authorised person” means a person authorised for the purposes of section 5 or regulations under that section.
As soon as reasonably practicable after the end of each financial year, the Director must prepare an annual report for the financial year.
The annual report must state how the Director has carried out the functions of the office in the financial year.
The Director must send a copy of the report to the Lord Chancellor.
The Lord Chancellor must—
lay the copy of the report before Parliament, and
arrange for it to be published.
In this section “financial year” means—
the period beginning on the day on which section 4 comes into force and ending on the following 31 March, and
each successive period of 12 months.
In this Part “legal services” means the following types of services—
providing advice as to how the law applies in particular circumstances,
providing advice and assistance in relation to legal proceedings,
providing other advice and assistance in relation to the prevention of disputes about legal rights or duties (“legal disputes”) or the settlement or other resolution of legal disputes, and
providing advice and assistance in relation to the enforcement of decisions in legal proceedings or other decisions by which legal disputes are resolved.
The services described in subsection (1) include, in particular, advice and assistance in the form of—
representation, and
mediation and other forms of dispute resolution.
In this Part “civil legal services” means any legal services other than the types of advice, assistance and representation that are required to be made available under sections 13, 15 and 16 (criminal legal aid).
Civil legal services are to be available to an individual under this Part if—
they are civil legal services described in Part 1 of Schedule 1, and
the Director has determined that the individual qualifies for the services in accordance with this Part (and has not withdrawn the determination).
The Lord Chancellor may by order— (whether by modifying that Part or Part 2, 3 or 4 of the Schedule).
add services to Part 1 of Schedule 1, or
vary or omit services described in that Part,
Civil legal services other than services described in Part 1 of Schedule 1 are to be available to an individual under this Part if subsection (2) or (4) is satisfied.
This subsection is satisfied where the Director— (and has not withdrawn either determination).
has made an exceptional case determination in relation to the individual and the services, and
has determined that the individual qualifies for the services in accordance with this Part,
For the purposes of subsection (2), an exceptional case determination is a determination—
that it is necessary to make the services available to the individual under this Part because failure to do so would be a breach of—
the individual's Convention rights (within the meaning of the Human Rights Act 1998), or
any rights of the individual to the provision of legal services that are assimilated enforceable rights, or
that it is appropriate to do so, in the particular circumstances of the case, having regard to any risk that failure to do so would be such a breach.
This subsection is satisfied where— (and neither determination has been withdrawn).
the services consist of advocacy in proceedings at an inquest under the Coroners Act 1988 into the death of a member of the individual's family,
the Director has made a wider public interest determination in relation to the individual and the inquest, and
the Director has determined that the individual qualifies for the services in accordance with this Part,
For the purposes of subsection (4), a wider public interest determination is a determination that, in the particular circumstances of the case, the provision of advocacy under this Part for the individual for the purposes of the inquest is likely to produce significant benefits for a class of person, other than the individual and the members of the individual's family.
For the purposes of this section an individual is a member of another individual's family if—
they are relatives (whether of the full blood or half blood or by marriage or civil partnership),
they are cohabitants (as defined in Part 4 of the Family Law Act 1996), or
one has parental responsibility for the other.
The Director must determine whether an individual qualifies under this Part for civil legal services in accordance with—
section 21 (financial resources) and regulations under that section, and
criteria set out in regulations made under this paragraph.
In setting the criteria, the Lord Chancellor—
must consider the circumstances in which it is appropriate to make civil legal services available under this Part, and
must, in particular, consider the extent to which the criteria ought to reflect the factors in subsection (3).
Those factors are—
the likely cost of providing the services and the benefit which may be obtained by the services being provided,
the availability of resources to provide the services,
the appropriateness of applying those resources to provide the services, having regard to present and likely future demands for the provision of civil legal services under this Part,
the importance for the individual of the matters in relation to which the services would be provided,
the nature and seriousness of the act, omission, circumstances or other matter in relation to which the services are sought,
the availability to the individual of services provided other than under this Part and the likelihood of the individual being able to make use of such services,
if the services are sought by the individual in relation to a dispute, the individual's prospects of success in the dispute,
the conduct of the individual in connection with services made available under this Part or an application for such services,
the conduct of the individual in connection with any legal proceedings or other proceedings for resolving disputes about legal rights or duties, and
the public interest.
In setting the criteria, the Lord Chancellor must seek to secure that, in cases in which more than one form of civil legal service could be provided for an individual, the individual qualifies under this Part for the form of service which in all the circumstances is the most appropriate having regard to the criteria.
The criteria must reflect the principle that, in many disputes, mediation and other forms of dispute resolution are more appropriate than legal proceedings.
Regulations under subsection (1)(b) may provide that no criteria apply in relation to a prescribed description of individual or services.
A determination by the Director that an individual qualifies under this Part for civil legal services must specify—
the type of services, and
the matters in relation to which the services are to be available.
Regulations may make provision about the making and withdrawal of determinations under sections 9 and 10.
Regulations under subsection (2) may, in particular, include—
provision about the form and content of determinations and applications for determinations,
provision permitting or requiring applications and determinations to be made and withdrawn in writing, by telephone or by other prescribed means,
provision setting time limits for applications and determinations,
provision for a determination to be disregarded for the purposes of this Part if made in response to an application that is made otherwise than in accordance with the regulations,
provision about conditions which must be satisfied by an applicant before a determination is made,
provision about the circumstances in which a determination may or must be withdrawn,
provision requiring information and documents to be provided,
provision requiring individuals who are the subject of a determination to be informed of the reasons for making or withdrawing the determination, and
provision for giving information to individuals who do not qualify for civil legal services under this Part about alternative ways of obtaining or funding civil legal services.
The circumstances prescribed under subsection (3)(f) may, in particular, relate to whether the individual who is the subject of the determination has complied with requirements imposed by or under this Part.
Regulations under subsection (2) must make provision establishing procedures for the review of determinations under sections 9 and 10 and of the withdrawal of such determinations.
Regulations under subsection (2) may make provision for appeals to a court, tribunal or other person against such determinations and against the withdrawal of such determinations.
Initial advice and initial assistance are to be available under this Part to an individual who is arrested and held in custody at a police station or other premises if the Director has determined that the individual qualifies for such advice and assistance in accordance with this Part (and has not withdrawn the determination).
The Director must make a determination under this section having regard, in particular, to the interests of justice.
A determination under this section must specify the type of advice or assistance (or both) to be available under this Part.
Regulations may make provision about the making and withdrawal of determinations under this section.
Regulations under subsection (4) may, in particular, include—
provision about the form and content of determinations and applications for determinations,
provision permitting or requiring applications and determinations to be made and withdrawn in writing, by telephone or by other prescribed means,
provision setting time limits for applications and determinations,
provision for a determination to be disregarded for the purposes of this Part if made in response to an application that is made otherwise than in accordance with the regulations,
provision about conditions which must be satisfied by an applicant before a determination is made,
provision about the circumstances in which a determination may or must be withdrawn,
provision requiring information and documents to be provided, and
provision requiring individuals who are the subject of a determination to be informed of the reasons for making or withdrawing the determination.
The circumstances prescribed under subsection (5)(f) may, in particular, relate to whether the individual who is the subject of the determination has complied with requirements imposed by or under this Part.
For the purposes of this section, in relation to an individual who is in custody—
“IPP prisoner” means a prisoner who is serving one or more of the following sentences and is not serving any other life sentence—
This Schedule makes provision about the recovery of— Such amounts and interest are referred to in this Schedule as “relevant overdue amounts”. In this Schedule “criminal legal aid” means—
MVO regulations must provide that a motor vehicle order may be made in relation to a relevant overdue amount only on the application of the person to whom the amount is due.
MVO regulations must provide that an immobilisation device may not be fitted to a motor vehicle— In this paragraph—
For the purposes of this Schedule, in relation to a legal person and civil legal services, advice, assistance or representation for the purposes of criminal proceedings, an exceptional case determination is a determination that sub-paragraph (2) or (3) is satisfied. This sub-paragraph is satisfied if it is necessary to make the services available to the legal person under this Part because failure to do so would be a breach of— This sub-paragraph is satisfied if it is appropriate to make the services available to the legal person under this Part, in the particular circumstances of the case, having regard to any risk that failure to do so would be such a breach.
Representation for the purposes of criminal proceedings is to be available under this Part to a legal person if— and the conditions in sub-paragraph (2) are met. Those conditions are that the Director— (and has not withdrawn either determination). Where a legal person qualifies under this Part for representation for the purposes of criminal proceedings, representation is also to be available to the legal person for the purposes of any preliminary or incidental proceedings. Regulations under section 16(4) and (5) apply for the purposes of sub-paragraph (3) as they apply for the purposes of section 16(3), except to the extent that the regulations provide otherwise. Section 17(1)(b) applies in relation to an exceptional case determination under sub-paragraph (2)(a) as it applies in relation to a determination under section 16. Paragraphs (a) and (b) of section 17(1) apply in relation to a determination under sub-paragraph (2)(b) as they apply in relation to a determination under section 16. Subsections (2) to (7) of section 18 apply in relation to a determination under sub-paragraph (2) (and a decision in relation to the interests of justice for the purposes of such a determination) as they apply in relation to a determination under section 16 (and a decision for the purposes of such a determination). The Director may not make a provisional determination under sub-paragraph (2)(b) unless authorised to do so by regulations under sub-paragraph (9). Regulations may provide that the Director may make a provisional determination that a legal person qualifies under this Part for representation for the purposes of criminal proceedings where— Subsections (2) and (3) of section 20 apply in relation to regulations under sub-paragraph (9) (and determinations and decisions made under such regulations) as they apply in relation to regulations under that section (and determinations and decisions made under such regulations). In sections 17, 18 and 20 as applied by this paragraph— Regulations may prescribe circumstances in which making representation available to a legal person for the purposes of criminal proceedings is to be taken to be in the interests of justice for the purposes of a determination under this paragraph. In this paragraph “specified legal person”, in relation to criminal proceedings, means a description of legal person specified in regulations in relation to those proceedings.
On and after the transfer day, the terms and conditions of employment of an individual who is employed in the civil service of the State by virtue of paragraph 1(1) do not include any term or condition that was part of the individual’s contract of employment immediately before the transfer day and that relates to— Accordingly, paragraph 1(3) does not apply in relation to rights, powers, duties or liabilities under or in connection with an occupational pension scheme or a compensation scheme. The Lord Chancellor may make one or more schemes providing for the transfer to the Lord Chancellor or the Secretary of State of the LSC’s rights, powers, duties and liabilities under or in connection with— whether the rights, powers, duties and liabilities arise under the occupational pension scheme or compensation scheme, under an enactment, under a contract of employment or otherwise. A transfer scheme may provide that anything done (or having effect as if done) before the day on which the transfer scheme takes effect— is to have effect, so far as is necessary for continuing its effect on and after that day, as if done by or in relation to the transferee. A transfer scheme may provide that anything which is in the process of being done immediately before the day on which the transfer scheme takes effect— may be continued by or in relation to the transferee. A transfer scheme may provide that a reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of the scheme is to have effect, so far as is necessary for giving effect to that scheme, as a reference to the transferee. A transfer scheme may, so far as is necessary for giving effect to that scheme, provide that an enactment that applies in relation to compensation schemes or occupational pension schemes applies to a compensation scheme or occupational pension scheme that is the subject of the transfer scheme, the members of such a scheme or the transferee with modifications specified in the transfer scheme. A transfer scheme may— The powers under sub-paragraph (8) include power to amend or otherwise modify any instrument relating to the constitution, management or operation of a compensation scheme. Transfer schemes amending or otherwise modifying a compensation scheme have effect in spite of any provision (of any nature) which would otherwise prevent or restrict the amendment or modification. A transfer scheme may include consequential, incidental, supplementary, transitional, transitory and saving provision. In this paragraph—
In section 163(1) of the Powers of Criminal Courts (Sentencing) Act 2000 omit the definition of “operational period”.
The Armed Forces Act 2006 is amended as follows.
In section 7 of the Immigration Act 1971 (exemption from deportation for certain existing residents), in subsection (4), after “section 240” insert “, 240ZA or 240A”.
Section 200 (suspended sentence orders with or without community requirements) is amended as follows. In the heading omit “with or without community requirements”. Omit subsections (1) to (4) (power of relevant service court to make suspended sentence order with or without community requirements, and meanings of those terms). In subsection (5) (modification of section 189(1) of the Criminal Justice Act 2003 in its application to a relevant service court)— After subsection (6) insert—
Omit section 201 (provisions of the Criminal Justice Act 2003 that do not apply to suspended sentence orders without community requirements).
In section 207 (definitions for purposes of Chapter 4 of Part 8)—
in the definition of “suspended sentence order with community requirements” for “200(3)” substitute “200(7)”, and
omit the definition of “suspended sentence order without community requirements”.
Schedule 7 (suspended prison sentence: further conviction or breach of requirement) is amended as follows. For the heading before paragraph 1 substitute “Modifications of Part 2 of Schedule 12 to the 2003 Act”. In paragraph 1 (modifications of Part 2 of Schedule 12 to the Criminal Justice Act 2003 in case of suspended sentence orders with community requirements) omit “with community requirements”. Omit paragraph 2 (modifications of Part 2 of Schedule 12 to the Criminal Justice Act 2003 in case of suspended sentence orders without community requirements) and the heading before that paragraph. After paragraph 6 insert—
beginning with end of the last financial year for which the Legal Services Commission produced a report and accounts in accordance with paragraphs 14 and 16 of Schedule 1 to the Access to Justice Act 1999, and
The Lord Chancellor may by regulations provide that prescribed advice or assistance is not initial advice or initial assistance for the purposes of this section.
In this Part “criminal proceedings” means—
proceedings before a court for dealing with an individual accused of an offence,
proceedings before a court for dealing with an individual convicted of an offence, including proceedings in respect of a sentence or order,
proceedings for dealing with an individual under the Extradition Act 2003,
proceedings for binding an individual over to keep the peace or to be of good behaviour under section 115 of the Magistrates' Courts Act 1980 and for dealing with an individual who fails to comply with an order under that section,
proceedings on an appeal brought by an individual under section 44A of the Criminal Appeal Act 1968 (appeal in case of death of appellant),
proceedings on a reference under section 36 of the Criminal Justice Act 1972 on a point of law following the acquittal of an individual on indictment,
proceedings for contempt committed, or alleged to have been committed, by an individual in the face of a court, and
such other proceedings, before any court, tribunal or other person, as may be prescribed.
Regulations may provide that prescribed advice and assistance is to be available under this Part to an individual described in subsection (2) if—
prescribed conditions are met, and
the Director has determined that the individual qualifies for such advice and assistance in accordance with the regulations (and has not withdrawn the determination).
Those individuals are—
individuals who are involved in investigations which may lead to criminal proceedings (other than individuals arrested and held in custody at a police station or other premises),
individuals who are before a court, tribunal or other person in criminal proceedings, and
individuals who have been the subject of criminal proceedings.
When making the regulations, the Lord Chancellor must have regard, in particular, to the interests of justice.
The regulations must require the Director to make determinations under the regulations having regard, in particular, to the interests of justice.
The regulations may require the Director to make such determinations in accordance with—
section 21 (financial resources) and regulations under that section, and
criteria set out in the regulations.
The regulations may make provision about the making and withdrawal of determinations under the regulations.
The regulations may, in particular, include—
provision about the form and content of determinations and applications for determinations,
provision permitting or requiring applications and determinations to be made and withdrawn in writing, by telephone or by other prescribed means,
provision setting time limits for applications and determinations,
provision for a determination to be disregarded for the purposes of this Part if made in response to an application that is made otherwise than in accordance with the regulations,
provision about conditions which must be satisfied by an applicant before a determination is made,
provision about the circumstances in which a determination may or must be withdrawn,
provision requiring information and documents to be provided, and
provision requiring individuals who are the subject of a determination to be informed of the reasons for making or withdrawing the determination.
The circumstances prescribed under subsection (7)(f) may, in particular, relate to whether the individual who is the subject of the determination has complied with requirements imposed by or under this Part.
The regulations may provide for the review of, or appeals to a court, tribunal or other person against, a decision by the Director—
that the interests of justice do not require advice or assistance to be made available to an individual under the regulations, or
that criteria prescribed under subsection (5)(b) are not met.
In this section “assistance” includes, in particular, assistance in the form of advocacy.
Representation for the purposes of criminal proceedings is to be available under this Part to an individual if—
the individual is a specified individual in relation to the proceedings, and
the relevant authority has determined (provisionally or otherwise) that the individual qualifies for such representation in accordance with this Part (and has not withdrawn the determination).
Representation for the purposes of criminal proceedings is to be available under this Part to an individual if—
the proceedings involve the individual resisting an appeal to the Crown Court otherwise than in an official capacity, and
the relevant authority has determined (provisionally or otherwise) that the individual qualifies for such representation in accordance with this Part (and has not withdrawn the determination).
Where an individual qualifies under this Part for representation for the purposes of criminal proceedings (“the principal proceedings”), representation is also to be available to the individual for the purposes of—
any related bail proceedings, and
any preliminary or incidental proceedings.
Regulations may—
make provision specifying whether proceedings are or are not to be regarded as preliminary or incidental for the purposes of subsection (3), and
make provision for exceptions from subsection (3).
Regulations under subsection (4)(b) may, in particular, make exceptions for proceedings taking place more than a prescribed period of time before or after the principal proceedings.
In this section—
the Common Council of the City of London;
In this Schedule “motor vehicle order” means— A clamping order is an order— A vehicle sale order is an order that— MVO regulations may make provision in connection with— In this Schedule—
MVO regulations must provide that a clamping order must not be made except in relation to a motor vehicle which is owned by the individual liable to pay the relevant overdue amount. For this purpose a motor vehicle is owned by an individual if the individual has an interest in the motor vehicle.
Civil legal services are to be available to a legal person under this Part only if the Director— (and has not withdrawn either determination). Sections 11 and 12(1) apply in relation to a determination under sub-paragraph (1)(b) as they apply in relation to a determination under section 10(2)(b). Subsections (2) to (6) of section 12 apply in relation to a determination under this paragraph as they apply in relation to a determination under section 10. In sections 11 and 12 as applied by this paragraph, references to an individual include a legal person.
Section 21 applies for the purposes of a determination under paragraph 3(1)(b) or 5(2)(b), or under regulations under paragraph 4 or 5(9), as if the references to an individual included a legal person.
In sections 34, 35 and 41(2), references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule or who is seeking the provision of such services.
The Domestic Violence, Crime and Victims Act 2004 is amended as follows. Omit section 31 and Schedule 6 (intermittent custody). In Schedule 11 (repeals), omit the entries relating to the Criminal Justice Act 2003.
Omit section 71(10) of the Policing and Crime Act 2009.
The Child Abduction Act 1984 is amended as follows.
The Children Act 1989 is amended as follows.
The Criminal Justice and Public Order Act 1994 is amended as follows.
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
In the Criminal Justice and Police Act 2001, omit sections 130, 132 and 133(1).
The Criminal Justice Act 2003 is amended as follows.
In Schedule 26 to the Criminal Justice and Immigration Act 2008 (minor and consequential amendments), omit paragraph 5.
In paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 (detention order for breach of injunction: meaning of youth detention accommodation) for paragraph (c) substitute—
In section 64A of the Police and Criminal Evidence Act 1984 (photographing of suspects etc) in subsection (1B)(d) omit “in uniform” in the first place those words appear.
In section 1(8) (offence of child abduction: modifications in relation to children remanded to local authority accommodation etc), for “to a local authority accommodation” substitute “otherwise than on bail”.
In section 21(2)(c) (duty to receive and provide accommodation for certain kinds of children) omit sub-paragraph (i) (children on remand under section 23(1) of the Children and Young Persons Act 1969).
Omit sections 19(1) and (3), 21 and 23.
In section 101 (taking account of remands in relation to a detention and training order)—
in subsection (11), for paragraph (c) and the “or” at the end of that paragraph substitute—, and
in subsection (12) omit the words from “and in that subsection” to the end of the subsection.
In section 242 (interpretation of provisions about crediting periods of remand in custody)—
in subsection (2)(b), for the words from “or committed” to “that section” substitute “to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”, and
omit subsection (3).
The Police Reform Act 2002 is amended as follows. In section 43(7) (railway safety accreditation schemes: Secretary of State power to give an accredited person the powers of a constable in uniform, or an authorised constable, to issue fixed penalty notices) omit “in uniform and of an authorised constable”. In paragraph 1 of Schedule 4 (community support officers’ powers to issue fixed penalty notices) in sub-paragraph (2)(a) omit “in uniform and of an authorised constable”. In paragraph 1 of Schedule 5 (accredited persons’ powers to issue fixed penalty notices) in sub-paragraph (2)(aa) omit “in uniform”. In paragraph 1 of Schedule 5A (accredited inspectors’ powers to issue fixed penalty notices) in sub-paragraph (2) omit “in uniform”.
In paragraph 2 of the Schedule (modifications of section 1 in case of children in places of safety etc)—
in sub-paragraph (1), in paragraph (b) omit “section 23 of the Children and Young Persons Act 1969,”,
in that sub-paragraph, at the end of paragraph (ba) insert ; or, and
in sub-paragraph (2)(a), after “place of safety” insert “, local authority accommodation or youth detention accommodation”.
In Schedule 12 (minor amendments), omit paragraph 28(b).
In Schedule 9 (minor amendments) omit paragraph 38.
In Schedule 9 (consequential amendments), omit paragraphs 93 and 126.
In Schedule 32 (amendments relating to sentencing), omit paragraph 15.
In consequence of the amendments made by paragraphs 3 and 5 of this Schedule, omit section 87 of the Anti-social Behaviour Act 2003.
this Act or an Act passed before or in the same Session as this Act, or
In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of disqualification where custodial sentence also imposed)—
in subsection (8), after “section” insert “243A(3)(a),”;
in subsection (9)(a), after “in respect of section” insert “243A(3)(a) or”.
In section 2(4)(b)(i) of the Repatriation of Prisoners Act 1984 (power to provide for prisoner to be treated as having been released) for “section 244 or 246” substitute “Chapter 6 of Part 12”.
a London borough council;
In Article 64ZC(6)(a) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (persons to be treated as having been convicted of an offence for the purposes of paragraph (1))—
for “or” at the end of paragraph (i) substitute “and”, and
omit paragraph (ii) and the “and” at the end of that paragraph.
The relevant authority must determine whether an individual qualifies under this Part for representation for the purposes of criminal proceedings (whether provisionally or otherwise) in accordance with—
section 21 (financial resources) and regulations under that section, and
the interests of justice.
In deciding what the interests of justice consist of for the purposes of such a determination, the following factors must be taken into account—
whether, if any matter arising in the proceedings is decided against the individual, the individual would be likely to lose his or her liberty or livelihood or to suffer serious damage to his or her reputation,
whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law,
whether the individual may be unable to understand the proceedings or to state his or her own case,
whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual, and
whether it is in the interests of another person that the individual be represented.
The Lord Chancellor may by order amend subsection (2) by adding or varying a factor.
Regulations may prescribe circumstances in which making representation available to an individual for the purposes of criminal proceedings is to be taken to be in the interests of justice for the purposes of a determination under section 16.
In this section “the relevant authority”, in relation to an individual and criminal proceedings, means the person who is authorised by or under section 18, 19 or 20 to determine (provisionally or otherwise) whether the individual qualifies under this Part for representation for the purposes of the proceedings.
The Director is authorised to determine whether an individual qualifies under this Part for representation for the purposes of criminal proceedings, except in circumstances in which a court is authorised to make the determination under regulations under section 19.
A determination by the Director under section 16 must specify the criminal proceedings.
Regulations may make provision about the making and withdrawal of determinations by the Director under that section.
Regulations under subsection (3) may, in particular, include—
provision about the form and content of determinations and applications for determinations,
provision permitting or requiring applications and determinations to be made and withdrawn in writing, by telephone or by other prescribed means,
provision setting time limits for applications and determinations,
provision for a determination to be disregarded for the purposes of this Part if made in response to an application that is made otherwise than in accordance with the regulations,
provision about conditions which must be satisfied by an applicant before a determination is made,
provision about the circumstances in which a determination may or must be withdrawn,
provision requiring information and documents to be provided,
provision requiring individuals who are the subject of a determination to be informed of the reasons for making or withdrawing the determination, and
provision for the review of a decision by the Director that the interests of justice do not require representation to be made available, or to continue to be made available, to an individual under this Part for the purposes of criminal proceedings.
The circumstances prescribed under subsection (4)(f) may, in particular, relate to whether the individual who is the subject of the determination has complied with requirements imposed by or under this Part.
An appeal lies to such court, tribunal or other person as may be prescribed against a decision by the Director that the interests of justice do not require representation to be made available, or to continue to be made available, to an individual under this Part for the purposes of criminal proceedings, subject to subsection (7).
Regulations may provide for exceptions from subsection (6).
This section does not authorise the Director to make a provisional determination and accordingly—
references in this section to a determination do not include a provisional determination, and
references in this section to a decision do not include a decision made as part of such a determination.
Regulations may—
provide that a court before which criminal proceedings take place, or are to take place, is authorised to determine whether an individual qualifies under this Part for representation for the purposes of criminal proceedings of a prescribed description, and
make provision about the making and withdrawal of such determinations by a court.
The regulations may, in particular, include—
provision about the form and content of determinations and applications for determinations,
provision permitting or requiring applications and determinations to be made and withdrawn in writing, by telephone or by other prescribed means,
provision setting time limits for applications and determinations,
provision enabling a court to determine that an individual qualifies under this Part for representation for the purposes of criminal proceedings before another court,
provision for the powers of a magistrates' court of any area under the regulations to be exercised by a single justice of the peace for the area, and
provision about the circumstances in which a determination may or must be withdrawn.
The circumstances prescribed under subsection (2)(f) may, in particular, relate to whether the individual who is the subject of the determination has complied with requirements imposed by or under this Part.
The regulations must provide that, subject to prescribed exceptions, an appeal lies to such court, tribunal or other person as may be prescribed against a decision by a court that the interests of justice do not require representation to be made available, or to continue to be made available, to an individual under this Part for the purposes of criminal proceedings.
The regulations may include consequential provision modifying an Act or instrument.
Regulations under this section may not authorise a court to make a provisional determination and accordingly—
references in this section to a determination do not include a provisional determination, and
references in this section to a decision do not include a decision made as part of such a determination.
Regulations may provide that the Director or a court may make a provisional determination that an individual qualifies under this Part for representation for the purposes of criminal proceedings where—
the individual is involved in an investigation which may result in criminal proceedings,
the determination is made for the purposes of criminal proceedings that may result from the investigation, and
any prescribed conditions are met.
The regulations may, in particular, include—
provision about the stage in an investigation at which a provisional determination may be made,
provision about the making and withdrawal of provisional determinations, including provision equivalent to that described in section 18(4)(a) to (i) and (5),
provision about the circumstances in which a provisional determination is to cease to be provisional, and
provision about the circumstances in which a provisional determination is to be treated as if it were a determination made by the Director or a court in reliance on section 18 or 19.
In this Part, as it applies in connection with a provisional determination made under regulations under this section as to whether an individual qualifies for representation for the purposes of criminal proceedings, references to proceedings include criminal proceedings that may result from the investigation concerned.
A person may not make a relevant determination that an individual qualifies under this Part for services unless the person has determined that the individual's financial resources are such that the individual is eligible for the services (and has not withdrawn the determination).
Regulations may—
make provision about when an individual's financial resources are such that the individual is eligible under this Part for services, and
make provision for exceptions from subsection (1).
Regulations may provide that an individual is to be treated, for the purposes of regulations under subsection (2), as having or not having financial resources of a prescribed description.
Regulations under subsection (3) may, in particular, provide that the individual is to be treated as having prescribed financial resources of a person of a prescribed description.
Regulations may make provision about the making and withdrawal of determinations under this section.
Regulations under subsection (5) may, in particular, include—
provision about the form and content of determinations,
provision permitting or requiring determinations to be made and withdrawn in writing, by telephone or by other prescribed means,
provision setting time limits for determinations,
provision about conditions which must be satisfied before a determination is made,
provision about the circumstances in which a determination may or must be withdrawn,
provision requiring information and documents to be provided,
provision requiring individuals who are the subject of a determination to be informed of the reasons for making or withdrawing the determination, and
provision for the review of a determination in respect of an individual's financial resources.
The circumstances prescribed under subsection (6)(e) may, in particular, relate to whether the individual who is the subject of the determination has complied with requirements imposed by or under this Part.
In this section “relevant determination” means a determination that is required to be carried out in accordance with this section by—
section 11 or 17, or
regulations under section 15 or paragraph 4 of Schedule 3.
The relevant authority may make an information request to—
the Secretary of State,
a relevant Northern Ireland Department, or
the Commissioners for Her Majesty's Revenue and Customs (“the Commissioners”).
An information request may be made only for the purposes of facilitating a determination about an individual's financial resources for the purposes of this Part.
An information request made to the Secretary of State or a relevant Northern Ireland Department under this section may request the disclosure of some or all of the following information—
a relevant individual's full name and any previous names;
a relevant individual's address and any previous addresses;
a relevant individual's date of birth;
a relevant individual's national insurance number;
a relevant individual's benefit status at a time specified in the request;
information of a prescribed description.
An information request made to the Commissioners under this section may request the disclosure of some or all of the following information—
whether or not a relevant individual is employed or was employed at a time specified in the request;
the name and address of the employer;
whether or not a relevant individual is carrying on a business, trade or profession or was doing so at a time specified in the request;
the name under which it is or was carried on;
the address of any premises used for the purposes of carrying it on;
a relevant individual's national insurance number;
a relevant individual's benefit status at a time specified in the request;
information of a prescribed description.
The information that may be prescribed under subsections (3)(f) and (4)(h) includes, in particular, information relating to—
prescribed income of a relevant individual for a prescribed period, and
prescribed capital of a relevant individual.
Information may not be prescribed under subsection (4)(h) without the Commissioners' consent.
The Secretary of State, the relevant Northern Ireland Departments and the Commissioners may disclose to the relevant authority information specified in an information request made under this section.
In this section—
a sentence of imprisonment for public protection or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one imposed as a result of section 219 of the Armed Forces Act 2006);
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) omit “The Legal Services Commission.”
In section 82(4) of the Housing Act 1988 (charges to recover costs of assistance in legal proceedings)—
for “section 10(7) of the Access to Justice Act 1999” substitute “section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”, and
for “Legal Services Commission” substitute “Lord Chancellor”.
In section 53(3) of the Criminal Justice Act 1991 (effect of notices transferring certain cases involving children) for “paragraph 2 of Schedule 3 to the Access to Justice Act 1999” substitute “regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
The Family Law Act 1996 is amended as follows.
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
In Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 (extension of disclosure powers)—
omit paragraph 47, and
after paragraph 53D insert—
The Extradition Act 2003 is amended as follows.
In section 29(3) of the Equality Act 2006 (costs of Equality and Human Rights Commission in providing legal assistance) for “section 11(4)(f) of the Access to Justice Act 1999 (c. 22) (recovery of costs in funded cases)” substitute “section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (statutory charge in connection with civil legal aid)”.
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities) omit “The Legal Services Commission.”
Section 16 (defence costs) is amended as follows. After subsection (6) insert— Omit subsections (7) and (9).
Section 19 (provision for orders as to costs in other circumstances) is amended as follows. After subsection (3) insert— After subsection (3C) insert— After subsection (4) insert—
Section 29 (regulations) is amended as follows. For subsection (1) substitute— In subsection (2) for “Any such regulations” substitute “Regulations under this Act”.
Part 2 of the Court Martial Appeals Act 1968 (appeals from Court Martial) is amended as follows.
Section 33 (witnesses’ expenses) is amended as follows. In subsection (1) at the end insert “, subject to subsection (3) and regulations under section 33B (1)(d)”. At the end insert—
After section 33B insert—
Before section 47 insert—
After section 47A insert—
In section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), omit—
subsection (2A)(d);
subsection (2B);
in subsection (6), “, (2B)”.
In the Football Spectators Act 1989, omit—
section 14E(7) (banning orders);
section 18(5) (information).
Schedule 1 to the Crime (Sentences) Act 1997 (transfers of prisoners within the British Islands) is amended as follows. In paragraph 6(4), omit the definitions of “custody plus order” and “intermittent custody order”. In paragraph 8, in sub-paragraphs (2) and (4)— In paragraph 9, in sub-paragraphs (2) and (4)—
The Criminal Justice Act 2003 is amended as follows.
Omit section 20(2) and (3) of the Criminal Justice and Immigration Act 2008.
In section 25 of the Criminal Justice and Public Order Act 1994 (no bail for defendants charged with or convicted of homicide or rape after previous conviction for such offences) in subsection (1) for “is satisfied” substitute “is of the opinion”.
Legal Aid, Sentencing and Punishment of Offenders Act 2012 Section 92 Functions in relation to a child remanded to local authority accommodation.
In Schedule 4 to the Care Standards Act 2000 (minor and consequential amendments), omit paragraphs 3 and 17.
In Schedule 8 to the Courts Act 2003 (minor and consequential amendments), omit paragraph 135.
“terrorist prisoner eligible for discretionary release” means a prisoner to whom section 247A (3) to (5) of the Criminal Justice Act 2003 applies (or would apply but for the prisoner‘s release on licence).
Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule. In this paragraph—
A person to whom information is disclosed under paragraph 1 of this Schedule or this sub-paragraph may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating a determination described in paragraph 1(2). A person to whom such information is disclosed must not— Sub-paragraph (2) does not prevent— A person who discloses or uses information in contravention of this paragraph is guilty of an offence and liable— It is a defence for a person charged with an offence under this paragraph to prove that the person reasonably believed that the disclosure or use was lawful. In this paragraph “enactment” includes— In relation to an offence under this paragraph committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in sub-paragraph (4)(b)(i) to 12 months has effect as if it were a reference to 6 months.
The Extradition Act 2003 is amended as follows.
The Extradition Act 2003 is amended as follows.
Omit paragraph 33 of Schedule 13 to the Police and Justice Act 2006.
Article 3 of the Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008 (S.I. 2008/1466) is revoked.
In article 6(1) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (sentences excluded from rehabilitation under the Order), in sub-paragraph (g)(iii), after “section” insert “226A, 226B,”.
In section 59 (return of person to serve remainder of sentence), in subsection (11)—
omit paragraph (a);
in paragraph (b), for “section 244” substitute “Chapter 6 of Part 12”.
In section 132 (return of person to serve remainder of sentence), in subsection (11)—
omit paragraph (a);
in paragraph (b), for “section 244” substitute “Chapter 6 of Part 12”.
In section 153B (return of person in pursuance of undertaking), in subsection (10)(a)—
omit sub-paragraph (i);
in sub-paragraph (ii), for “section 244” substitute “Chapter 6 of Part 12”.
Section 8 (attendance at information meetings) is amended as follows. In subsection (9)(h) for “services funded by the Legal Services Commission as part of the Community Legal Service” substitute “civil legal services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”. In subsection (12) for “funded for him by the Legal Services Commission as part of the Community Legal Service” substitute “provided for the person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”. In subsection (13), after “section” insert—.
Section 83(3) (exception to restriction on imposition of custodial sentence on persons not legally represented) is amended as follows. In paragraph (a)— In paragraph (aa) for “to be granted a right to it” substitute “for such representation”.
In section 45(7) (consent to extradition) for paragraph (a) substitute—.
In section 195 (interpretation of Chapter 3), omit the definitions of “custodial period”, “licence period” and “the number of custodial days”.
Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Section 23 (provision of marriage counselling) is amended as follows. In subsection (3) for “funded for them by the Legal Services Commission as part of the Community Legal Service” substitute “provided for them under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”. Omit subsection (8) (powers of Legal Services Commission).
In section 155(8) (alteration of Crown Court sentence) for “under section 17(2) of the Access to Justice Act 1999” substitute “relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
In section 127(8) (consent to extradition: general) for paragraph (a) substitute—.
Section 196 (meaning of “relevant order” in Chapter 4) is amended as follows. In subsection (1)— Omit subsection (2).
In section 197(1)(a)(i) (meaning of “responsible officer), omit “182(1) or”.
In section 202(4)(b) (circumstances in which court must not include programme requirement), omit “(or, where the relevant order is a custody plus order or an intermittent custody order, will be)”.
Omit section 204(4) and (5) (restrictions on imposing curfew requirement).
In section 213(3) (definition of “relevant period” for supervision requirement), omit paragraphs (b) and (c).
Omit section 216(2) (requirement to specify area in which offender will reside).
In section 241 (effect of direction under section 240 or 240A)—
in subsection (1), omit “or Chapter 3 (prison sentences of less than twelve months)”;
omit subsection (2).
Section 244 (duty to release prisoners) is amended as follows. Omit subsection (2). In subsection (3)—
Omit section 245 (restrictions on duty to release intermittent custody prisoners).
Section 246 (power to release prisoners on licence early) is amended as follows. In subsection (1)— Omit subsection (3). In subsection (4)(i), omit from “or, where the sentence is one of intermittent custody” to the end. In subsection (5)— In subsection (6)—
In section 249 (duration of licence)—
in subsection (1), for “subsections (2) and (3)” substitute “subsection (3)”;
omit subsection (2);
in subsection (3), omit the words from “and subsection (2)” to the end;
omit subsection (4).
In section 250 (licence conditions)—
omit subsections (2), (2A), (3) and (6);
in subsection (7), for the words from “section 264(3)” to the end substitute “and section 264(3) (consecutive terms)”.
Omit section 251 (licence conditions on re-release of those serving less than 12 months).
In section 252(2) (duty to comply with licence conditions: overseas)—
at the end of paragraph (a) insert “and”;
omit paragraph (b).
Omit section 253(4) (curfew conditions for those subject to intermittent custody order).
In section 260(7) (early removal of persons liable to removal from UK: definition of “requisite custodial period”), omit “, (b)”.
In section 261(6) (re-entry to UK of offender removed early: definitions), in the definition of “requisite custodial period”, omit “, (b)”.
Omit section 263(3) (concurrent terms: requirements of licence).
Section 264 (consecutive terms) is amended as follows. Omit subsection (1)(c) and the “and” preceding it. In subsection (6) omit—
Omit section 264A (consecutive terms: intermittent custody).
Omit section 265(1B) (restriction on consecutive sentences: intermittent custody).
In section 268 (interpretation of Chapter 6), omit the definitions of “intermittent custody prisoner”, “release” and “relevant court order”.
In section 302 (execution of process between England and Wales and Scotland), omit “paragraph 8(1) of Schedule 10”.
In section 305(1) (interpretation of Part 12)—
omit the definition of “custody plus order”;
omit the definition of “intermittent custody order”;
omit the words “custody plus order, intermittent custody order” (wherever they appear);
in the definition of “responsible officer”, omit the words “a custody plus order, an intermittent custody order”.
Schedule 12 (breach or amendment of suspended sentence order etc) is amended as follows. In paragraph 8(2) (powers of court on breach of community requirement or conviction of further offence)— In paragraph 9(1) (further provision as to order that suspended sentence is to take effect)—
In Schedule 32 (amendments relating to sentencing), omit paragraphs 12(2), (3) and (6), 29, 57, 58 and 68(2).
“terrorism offence” means an offence specified in Part 3 of Schedule 18 to the Sentencing Code;
Section 61 (costs where discharge ordered) is amended as follows. After subsection (5) insert—
Section 31 (costs of successful appellant) is amended as follows. In subsection (1) omit “other than an appeal against sentence”. In subsection (2) at the end insert “, subject to subsection (3), section 31A and regulations under section 33B(1)(d).” After subsection (2) insert—
Section 33A (appellant’s expenses) is amended as follows. Number the existing provision subsection (1). After that subsection insert—
In consequence of the amendment made by paragraph 2(2), omit paragraph 1(6) of Schedule 2 to the Armed Forces Act 1971.
In section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission), in subsection (1A), after paragraph (b) insert—.
In Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from jury service), in paragraph 6(d), after “2003” insert “(including such a sentence imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006)”.
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
In section 237 of the Criminal Justice Act 2003 (meaning of fixed term prisoner etc), in subsection (1B), after paragraph (b) insert—.
Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.
In section 327B(9) of the Criminal Justice Act 2003 (meaning of “cautioned” for the purposes of that section) omit paragraph (b) and the “or” preceding that paragraph.
The Rehabilitation of Offenders Act 1974 is amended as follows.
In section 13A(1) of the Road Traffic Act 1988 (disapplication of sections 1 to 3 for authorised motoring events) after “sections 1,” insert “1A,”.
In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (“Schedule 2 offences”)—
after “section 1,” insert “1A,”;
after “causing death by dangerous driving,” insert “causing serious injury by dangerous driving,”.
“remuneration” includes disbursements;
Civil legal services provided in relation to abuse of an individual that took place at a time when the individual was a child or vulnerable adult, but only where—
Section 27 applies in relation to the provision of services to a legal person in accordance with this Schedule or regulations under this Schedule as it applies in relation to the provision of services to an individual under this Part. In that section as applied by this paragraph— In sections 28, 29 and 30, references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule.
The transfer of property, rights, powers, duties or liabilities by any of paragraphs 1, 6 and 7 or a scheme under paragraph 4 does not affect the validity of anything done by or in relation to the LSC before that paragraph or scheme has effect.
In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), in subsection (3) for “under section 17 of the Access to Justice Act 1999” substitute “relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
The Solicitors Act 1974 is amended as follows.
In section 131 of the Sexual Offences Act 2003 (young offenders: application), in paragraph (l), before “222” insert “221A or”.
In section 62 (supplementary provision about costs where discharge ordered) omit subsections (1) and (2).
In section 99 (conversion of sentence of detention to sentence of imprisonment), in subsection (6)—
after “226” insert “, 226B”, and
after “221” insert “, 221A”.
In paragraph 14F(3) (persons to be treated as having been convicted of an offence for the purposes of paragraphs 14B to 14E) omit paragraph (b) and the “or” preceding that paragraph.
In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “Scotland”.
After section 62 insert—
In section 106A(1) (interaction with sentence of detention), in the definition of “sentence of detention”—
before “228”, in the second place it appears, insert “226B or”, and
before “222” insert “221A or”.
In paragraph 20F(3) (persons to be treated as having been convicted of an offence for the purposes of paragraphs 20B to 20E) omit “, or has been warned or reprimanded,”.
In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “Scotland”.
In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “Scotland”.
Section 7 (limitations on rehabilitation under the Act) is amended as follows. In subsection (2)(a) for “Great Britain” substitute “Scotland”. In subsection (3) for “Great Britain” substitute “Scotland”.
Section 9 (unauthorised disclosure of spent convictions) is amended as follows. In subsection (3) for “defendant (or, in Scotland, the accused person)” substitute “accused person”. Omit subsection (8).
An individual to whom services are made available under this Part is not to be required to make a payment in connection with the provision of the services, except where regulations provide otherwise.
The regulations may, in particular, provide that in prescribed circumstances an individual must do one or more of the following—
pay the cost of the services;
pay a contribution in respect of the cost of the services of a prescribed amount;
pay a prescribed amount in respect of administration costs.
The regulations may, in particular, provide that where— the individual must pay a prescribed amount which may exceed the cost of the civil legal services provided.
civil legal services are provided to an individual under this Part in relation to a dispute, and
prescribed conditions are met,
The regulations may, in particular, make provision about the determination of the cost of services for the purposes of the regulations.
The regulations may, in particular—
provide for an individual's liability under the regulations to make a payment to change or cease in prescribed circumstances,
provide for an individual's liability under the regulations to arise on a determination by a prescribed person,
provide for such a determination to be varied or withdrawn by a prescribed person, and
provide for the review of such a determination in respect of an individual's liability to make a payment.
The regulations may, in particular, provide that an individual is to be treated, for the purposes of the regulations, as having or not having financial resources of a prescribed description.
Regulations under subsection (6) may, in particular, provide that the individual is to be treated as having prescribed financial resources of a person of a prescribed description.
The regulations may, in particular, include provision for an amount to be payable entirely or partly—
by periodical payments;
by one or more lump sums;
out of income;
out of capital.
The regulations may, in particular, include—
provision requiring information and documents to be provided,
provision about the time and manner in which payments must be made,
provision about the person to whom payments must be made, and
provision about what that person must do with the payments.
The regulations may, in particular, make provision for the payment by an individual of interest, on such terms as may be prescribed, in respect of—
a loan made to the individual under this Part,
a payment in connection with the provision of services which is not required by the regulations to be made by the individual until after the time when the services are provided, and
so much of a payment as remains unpaid after the time when it is required by the regulations to be made by the individual.
The regulations—
must make provision for the repayment to an individual of any amount in excess of the individual's liability under the regulations or under section 24, and
may make provision for the payment of interest on the excess.
In this section—
a prescribed person, or
Section 134 (costs where discharge ordered) is amended as follows. After subsection (5) insert—
In Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 2(1)(d), for “sections 240” substitute “sections 240ZA”.
The Criminal Justice Act 2003 is amended as follows.
In the Criminal Justice and Immigration Act 2008, omit—
sections 20(4)(b), 26 to 28, 32 and 33(1), (3), (5) and (6);
paragraph 29(2) to (5) of Schedule 26;
paragraphs 8 and 9 of Schedule 27.
In section 135 (supplementary provision about costs where discharge ordered) omit subsections (1) and (2).
In section 240A(1)(a) (crediting of periods of remand on bail), omit the words “committed on or after 4th April 2005”.
After section 135 insert—
The repeal by section 25 of the Criminal Justice and Immigration Act 2008 of provisions in section 247 of the Criminal Justice Act 2003 comes fully into force. Accordingly, in paragraph 2 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (Commencement No.2 and Transitional and Savings Provisions) Order 2008 (S.I. 2008/1586), omit “and 25”.
Omit section 262 and Schedule 20 (prisoners liable to removal from United Kingdom).
Omit section 265(1A) (restriction on consecutive sentences for released prisoners).
Regulations may make provision about the enforcement of an obligation to make a payment imposed under section 23.
The regulations may, in particular, make provision for costs incurred in connection with the enforcement of an individual's obligation to make a payment to be recovered from the individual.
Regulations under this section may, in particular—
provide that overdue amounts are recoverable summarily as a civil debt;
provide that overdue amounts are recoverable as if they were payable under an order of the High Court or the county court, if the court in question so orders on the application of the person to whom the amounts are due.
Regulations under this section may include provision requiring information and documents to be provided.
Schedule 2 (criminal legal aid: motor vehicle orders) has effect.
Where civil legal services are made available to an individual under this Part, the amounts described in subsection (2) are to constitute a first charge on—
any property recovered or preserved by the individual in proceedings, or in any compromise or settlement of a dispute, in connection with which the services were provided (whether the property is recovered or preserved for the individual or another person), and
any costs payable to the individual by another person in connection with such proceedings or such a dispute.
Those amounts are—
amounts expended by the Lord Chancellor in securing the provision of the services (except to the extent that they are recovered by other means), and
other amounts payable by the individual in connection with the services under section 23 or 24.
Regulations may make provision for exceptions from subsection (1).
Regulations may make provision about the charge under subsection (1) including, in particular—
provision as to whether the charge is in favour of the Lord Chancellor or a person by whom the services were made available,
provision modifying the charge for the purposes of its application in prescribed cases or circumstances, and
provision about the enforcement of the charge.
Regulations under subsection (4)(c) may, in particular, include—
provision requiring amounts recovered by the individual in proceedings or as part of a compromise or settlement of a dispute, and costs payable to the individual, to be paid to the Lord Chancellor or a person by whom the services were made available,
provision about the time and manner in which the amounts must be paid,
provision about what the Lord Chancellor or the person by whom the services were made available must do with the amounts,
provision for the payment of interest on all or part of the amounts,
provision for the payment to the individual concerned of any amount in excess of the amounts described in subsection (2), and
provision for the enforcement of requirements described in paragraph (a).
Regulations under this section may include provision requiring information and documents to be provided.
Costs ordered against an individual in relevant civil proceedings must not exceed the amount (if any) which it is reasonable for the individual to pay having regard to all the circumstances, including—
the financial resources of all of the parties to the proceedings, and
their conduct in connection with the dispute to which the proceedings relate.
In subsection (1) “relevant civil proceedings”, in relation to an individual, means—
proceedings for the purposes of which civil legal services are made available to the individual under this Part, or
if such services are made available to the individual under this Part for the purposes of only part of proceedings, that part of the proceedings.
Regulations may make provision for exceptions from subsection (1).
In assessing for the purposes of subsection (1) the financial resources of an individual to whom civil legal services are made available, the following must not be taken into account, except so far as prescribed—
the individual's clothes and household furniture, and
the implements of the individual's trade.
Subject to subsections (1) to (4), regulations may make provision about costs in relation to proceedings for the purposes of which civil legal services are made available under this Part.
Regulations under subsection (5) may, in particular, make provision—
specifying the principles to be applied in determining the amount of any costs which may be awarded against a party to whom civil legal services are made available under this Part,
limiting the circumstances in which, or the extent to which, an order for costs may be enforced against such a party,
as to the cases in which, and the extent to which, such a party may be required to give security for costs and the manner in which it is to be given,
requiring the payment by the Lord Chancellor of the whole or part of any costs incurred by a party to whom civil legal services are not made available under this Part,
specifying the principles to be applied in determining the amount of costs which may be awarded to a party to whom civil legal services are made available under this Part,
as to the court, tribunal or other person by whom the amount of any costs is to be determined, and
as to the extent to which any determination of that amount is to be final.
Regulations may provide that an individual is to be treated, for the purposes of subsection (1) or regulations under subsection (3) or (5), as having or not having financial resources of a prescribed description (but such regulations have effect subject to subsection (4)).
Regulations under subsection (7) may, in particular, provide that the individual is to be treated as having prescribed financial resources of a person of a prescribed description.
Regulations under this section may include provision requiring information and documents to be provided.
The Lord Chancellor's duty under section 1(1) does not include a duty to secure that, where services are made available to an individual under this Part, they are made available by the means selected by the individual.
The Lord Chancellor may discharge that duty, in particular, by arranging for the services to be provided by telephone or by other electronic means.
The Lord Chancellor's duty under section 1(1) does not include a duty to secure that, where services are made available to an individual under this Part, they are made available by a person selected by the individual, subject to subsections (4) to (10).
An individual who qualifies under this Part for representation for the purposes of criminal proceedings by virtue of a determination under section 16 may select any representative or representatives willing to act for the individual, subject to regulations under subsection (6).
Where an individual exercises that right, representation by the selected representative or representatives is to be available under this Part for the purposes of the proceedings.
Regulations may provide that in prescribed circumstances—
the right conferred by subsection (4) is not to apply in cases of prescribed descriptions,
an individual who has been provided with advice or assistance in accordance with section 13 or regulations under section 15 by a person selected by the individual is to be taken to have selected that person under subsection (4),
the right conferred by subsection (4) is not to include a right to select a representative of a prescribed description,
that right is to select only a representative located in a prescribed area or of a prescribed description,
that right is to select not more than a prescribed number of representatives to act at any one time, and
that right is not to include a right to select a representative in place of a representative previously selected.
Regulations under subsection (6)(b) may prescribe circumstances in which an individual is to be taken to have selected a person to provide advice or assistance.
Regulations may provide that in prescribed circumstances the Lord Chancellor is not required to make available representation for an individual by a prescribed representative.
Provision made under subsection (8) does not prejudice any right of the individual to select another representative.
The circumstances which may be prescribed under this section include that a determination has been made by a prescribed person.
The fact that services provided for an individual are or could be provided under arrangements made for the purposes of this Part does not affect— except to the extent that regulations provide otherwise.
the relationship between the individual and the person by whom the services are provided,
any privilege arising out of that relationship, or
any right which the individual may have to be indemnified by another person in respect of expenses incurred by the individual,
A person who provides services under arrangements made for the purposes of this Part must not take any payment in respect of the services apart from—
payment made in accordance with the arrangements, and
payment authorised by the Lord Chancellor to be taken.
Regulations may provide that the withdrawal of a determination that an individual qualifies for prescribed services under this Part does not affect the right of any person who has provided such services to the individual under arrangements made for the purposes of this Part to remuneration for work done before the date of the withdrawal.
The Lord Chancellor must publish a code of conduct to be observed by the following persons when providing services to an individual under arrangements made for the purposes of this Part—
civil servants, and
employees of a body established and maintained by the Lord Chancellor.
The code must include—
duties to avoid discrimination,
duties to protect the interests of the individuals for whom services are provided,
duties to courts and tribunals,
duties to avoid conflicts of interest,
duties of confidentiality, and
duties on persons who are members of a professional body to comply with the rules of the body.
The Lord Chancellor must lay the code, and any revision of the code, before Parliament.
The persons described in subsection (1)(a) and (b) are not subject to the direction of the Lord Chancellor when providing services to an individual under arrangements made for the purposes of this Part.
Except as expressly provided by regulations, any rights conferred by or under this Part on an individual for whom services are provided under this Part for the purposes of proceedings do not affect—
the rights or liabilities of other parties to the proceedings, or
the principles on which the discretion of a court or tribunal is normally exercised.
Regulations may make provision about the procedure of a court or tribunal in relation to services made available under this Part.
Regulations under subsection (2) may, in particular, authorise the exercise of the functions of a court or tribunal by—
a member or officer of that court or tribunal, or
another court or tribunal.
Schedule 3 (legal aid for legal persons) has effect.
The civil legal services described in Part 1 of Schedule 1 do not include services relating to any law other than the law of England and Wales, except—
where express provision to the contrary is made by or under Part 1 of Schedule 1;
where such law is relevant for determining any issue relating to the law of England and Wales;
in other circumstances specified by the Lord Chancellor by order.
A determination by the Director or a court under section 13, 15 or 16 that an individual qualifies for advice, assistance or representation under this Part does not impose a duty on the Lord Chancellor to secure that services relating to any law other than the law of England and Wales are made available, except—
where such law is relevant for determining any issue relating to the law of England and Wales;
in other circumstances specified by the Lord Chancellor by order.
The Lord Chancellor may not make an order under subsection (1) or (2) unless the Lord Chancellor considers—
that it is necessary to make the order because failure to do so would result in a breach of—
an individual's Convention rights (within the meaning of the Human Rights Act 1998), or
any rights of an individual to the provision of legal services that are assimilated enforceable rights, or
that it is appropriate to make the order having regard to any risk that failure to do so would result in such a breach.
A person to whom information is disclosed under section 22 or this subsection may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating a determination in respect of an individual's financial resources that is required under section 21.
A person to whom such information is disclosed must not—
disclose the information other than in accordance with subsection (1), or
use the information other than for the purpose of facilitating a determination described in subsection (1).
Subsection (2) does not prevent—
the disclosure of information in accordance with an enactment or an order of a court,
the disclosure of information for the purposes of the investigation or prosecution of an offence (or suspected offence) under the law of England and Wales or Northern Ireland or any other jurisdiction, except where regulations otherwise provide,
the disclosure of information for the purposes of instituting, or otherwise for the purposes of, proceedings before a court, or
the disclosure of information which has previously been lawfully disclosed to the public.
A person who discloses or uses information in contravention of this section is guilty of an offence and liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both);
on summary conviction—
in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine not exceeding the statutory maximum (or both), and
in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).
It is a defence for a person charged with an offence under this section to prove that the person reasonably believed that the disclosure or use was lawful.
In this section “enactment” includes—
an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation.
In relation to an offence under this section committed before 2 May 2022, the reference in subsection (4)(b)(i) to the general limit in a magistrates’ court has effect as if it were a reference to 6 months.
This section applies to information that is provided—
to the Lord Chancellor, the Director, a court, a tribunal or any other person on whom functions are imposed or conferred by or under this Part, and
in connection with the case of an individual seeking or receiving services provided under arrangements made for the purposes of this Part.
Such information must not be disclosed, subject to the exceptions in section 35.
A person who discloses information in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
It is a defence for a person charged with an offence under this section to prove that the person reasonably believed that the disclosure was lawful.
Proceedings for an offence under this section may not be brought without the consent of the Director of Public Prosecutions.
Nothing in this section applies to information if—
it is provided to a person providing services under arrangements made for the purposes of this Part, and
it is provided by or on behalf of an individual seeking or receiving the services.
Nothing in this section applies to information to which section 33 applies.
Section 34(2) does not prevent the disclosure of information—
for the purpose of enabling or assisting the Lord Chancellor or the Secretary of State for Justice to carry out their functions (whether conferred or imposed by an Act or otherwise),
for the purpose of enabling or assisting the Director to carry out functions imposed or conferred on the Director by or under this Part, or
for the purpose of enabling or assisting a court, tribunal or other person on whom functions are imposed or conferred by or under this Part to carry out those functions.
Section 34(2) does not prevent—
the disclosure of information in accordance with the law of England and Wales or an order of a court,
the disclosure of information for the purposes of the investigation or prosecution of an offence (or suspected offence) under the law of England and Wales or any other jurisdiction, except where regulations otherwise provide,
the disclosure of information for the purposes of instituting, or otherwise for the purposes of, proceedings before a court,
the disclosure of information which has previously been lawfully disclosed to the public, or
the disclosure of information for the purpose of facilitating the proper performance by a tribunal of disciplinary functions.
Section 34(2) does not prevent the disclosure of—
information in the form of a summary or collection of information that is framed so that information relating to an individual cannot be ascertained from it, or
information about the amount of any grant, loan or other payment made to a person by the Lord Chancellor under arrangements made for the purposes of this Part.
Section 34(2) does not prevent the disclosure of information for any purpose—
with the consent of the individual in connection with whose case it was provided, and
if the information was provided other than by that individual, with the consent of the person who provided the information.
Section 34(2) does not prevent the disclosure of information after the end of the restricted period if—
the disclosure is by a person who is a public authority for the purposes of the Freedom of Information Act 2000 or who is acting on behalf of such a person, and
the information is not held by the public authority on behalf of another person.
The restricted period is the period of 100 years beginning with the end of the calendar year in which a record containing the information was first created by a person to whom the information was provided in connection with a case described in section 34(1)(b).
This section applies where a person—
intentionally fails to comply with a requirement imposed by or under this Part to provide documents or information, or
in providing documents or information in accordance with such a requirement, makes a statement or representation knowing or believing it to be false.
The person is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Proceedings in respect of an offence under this section may (despite anything in the Magistrates' Courts Act 1980) be brought at any time within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify a prosecution comes to the prosecutor's knowledge.
Subsection (3) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.
The county court is to have jurisdiction to hear and determine an action brought by the Lord Chancellor to recover loss sustained by reason of—
the failure by a person to comply with a requirement imposed by or under this Part to provide documents or information, or
a false statement or false representation made by a person in providing documents or information in accordance with such a requirement.
The Director is to carry out the functions of the office on behalf of the Crown.
Service as the Director is service in the civil service of the State.
The Lord Chancellor is to be treated as a corporation sole—
for all purposes relating to the acquisition, holding, management and disposal of property and interests in property under this Part, and
for all other purposes relating to the Lord Chancellor's functions in connection with legal aid and other functions under this Part.
An instrument in connection with the acquisition, holding, management or disposal by the Lord Chancellor of property or an interest in property under this Part or for a purpose mentioned in subsection (3)(b) may be executed on the Lord Chancellor's behalf by a person authorised by the Lord Chancellor for that purpose.
Any such instrument purporting to have been executed by the Lord Chancellor or on the Lord Chancellor's behalf is to be received in evidence and, unless the contrary is proved, to be treated as having been so executed.
The Legal Services Commission ceases to exist.
Schedule 4 (transfer of employees and property etc of Legal Services Commission) has effect.
The Lord Chancellor must, as soon as practicable after subsection (1) comes into force—
prepare a report on how the Legal Services Commission has carried out its functions in the final period,
lay a copy of the report before Parliament, and
once it has been laid, publish the report.
The Lord Chancellor must, as soon as practicable after subsection (1) comes into force—
prepare a statement of accounts for the Legal Services Commission for the final period, and
send a copy of the statement to the Comptroller and Auditor General.
The Comptroller and Auditor General must—
examine, certify and report on the statement, and
arrange for a copy of the statement and the report to be laid before Parliament.
In this section—
“regulations” means regulations made by the Lord Chancellor (except in Schedule 6);
In Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 omit paragraph 2(2) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of the repeal of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000).
The Bail Act 1976 is amended as follows.
In section 38(2A) of the Police and Criminal Evidence Act 1984 (considerations applicable to paragraph 2 of Part 1 of Schedule 1 to the 1976 Act to be taken into account by custody officer when making decision about bail after charge) for “paragraph 2(2)” substitute “paragraphs 1A and 2(2)”.
Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (on the spot penalties for disorderly behaviour) is amended as follows.
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
In section 133(1) of the Sexual Offences Act 2003 (interpretation of Part 2), in the definition of “cautioned” omit paragraph (b) and the “or” preceding that paragraph.
The Criminal Justice and Immigration Act 2008 is amended as follows.
Section 37(1A) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship) is amended as follows. Before paragraph (a) insert—. After paragraph (a) insert—.
The Criminal Justice Act 2003 is amended as follows.
In section 2(2) (definitions)—
insert the following definitions at the appropriate places—; ; ; ; , and
in the definition of “young person” for “seventeen” substitute “eighteen”.
In section 200 of the Extradition Act 2003 (amendments to section 1 of the Bail (Amendment) Act 1993) omit subsections (4)(a) and (7)(a).
In section 1 (offences leading to penalties on the spot) omit subsections (4) and (5) (provision about orders under subsections (2) and (3) of that section).
In section 12(2) (which makes the provision for conditional discharge in that section subject to section 66(4) of the Crime and Disorder Act 1998)—
for “66(4)” substitute “66ZB(6)”, and
for “reprimands and warnings” substitute “youth cautions”.
In section 48(1) (which introduces Schedule 9 to that Act) omit paragraph (b) and the “and” preceding that paragraph.
Section 142(2)(c) (purposes of sentencing: offenders aged 18 or over) is amended as follows. After “falls to be imposed” insert “under section 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for offence of threatening with offensive weapon in public),”. After “firearms offences),” insert “under section 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for offence of threatening with article with blade or point or offensive weapon),”.
Section 3 (general provisions) is amended as follows. In subsection (6ZAA), for “person),” substitute “person granted bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b)), section 3AAA (in the case of a child or young person granted bail in connection with extradition proceedings),”. In subsection (7)—
Section 2 (penalty notices) is amended as follows In subsection (1) for “10” substitute “18”. After subsection (1) insert— Omit subsection (2) (requirement that constable giving a penalty notice other than at a police station be in uniform). Omit subsection (3) (requirement that constable giving a penalty notice at a police station be an authorised constable). In subsection (4)— After subsection (4) insert— Omit subsection (5) (definition of “authorised constable”). Omit subsections (6) to (9) (Secretary of State order making power and associated provision).
In Schedule 9 (consequential amendments) omit paragraph 198.
In Schedule 9 (alternatives to prosecution for persons under 18) omit paragraph 2.
Section 142A(4)(b) (purposes of sentencing: offenders under 18) is amended as follows. Before sub-paragraph (i) insert—. After sub-paragraph (i) insert—.
Section 3AA (conditions for the imposition of electronic monitoring requirements: children and young persons) is amended as follows. In the heading after “young persons” insert “released on bail other than in extradition proceedings”. In subsection (1) (conditions for the imposition of electronic monitoring conditions: children and young persons) after “young person” insert “released on bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b)”.
After section 2 (penalty notices) insert—
Section 144 (reduction in sentences for early guilty pleas) is amended as follows. In subsection (2)— After that subsection insert—
After section 3AA insert—
Section 3 (amount of penalty and form of penalty notice) is amended as follows. Omit subsection (1A) (Secretary of State may specify different penalties for persons of different ages). After subsection (3) insert— Omit subsections (5) and (6) (provision relating to orders under that section).
Section 150 (community sentence not available where sentence fixed by law etc) is amended as follows. After paragraph (a) insert—. After paragraph (b) insert—.
Section 3AB (conditions for the imposition of electronic monitoring requirements: other persons) is amended as follows. In subsection (1) for “seventeen” substitute “eighteen”. Omit subsection (4).
Section 4 (effect of penalty notice) is amended as follows. In subsection (5) for “If” substitute “In the case of a penalty notice that is not a penalty notice with an education option, if”. After subsection (5) insert—
In section 152(1)(b) (general restrictions on imposing discretionary custodial sentences) for “under section 51A(2) of the Firearms Act 1968 (c. 27),” substitute “under section 1A(5) of the Prevention of Crime Act 1953, under section 51A(2) of the Firearms Act 1968, under section 139AA(7) of the Criminal Justice Act 1988,”.
In section 3AC (electronic monitoring: general provisions) in each of subsections (7) and (8) after “3AA” insert “, 3AAA”.
Section 5 (general restriction on proceedings) is amended as follows. In subsection (1) for “until the end of” substitute “during”. After subsection (2) insert—
In section 153(2) (length of discretionary custodial sentences: general provision) for “section 51A(2) of the Firearms Act 1968 (c. 27),” substitute “section 1A(5) of the Prevention of Crime Act 1953, section 51A(2) of the Firearms Act 1968, section 139AA(7) of the Criminal Justice Act 1988,”.
Section 7 (liability to arrest for absconding or breaking conditions of bail) is amended as follows. In subsection (5) for “subsection (6)” substitute “subsections (5A) and (6)”. After subsection (5) insert— In subsection (6) for “the person so brought before the justice” substitute “a person brought before a justice under subsection (4) or (4B)”.
In section 6 (Secretary of State’s guidance) after paragraph (b) insert—.
Section 305(4) (interpretation of Part 12) is amended as follows. Before paragraph (a) insert—. After paragraph (a) insert—.
Section 9A (bail decisions relating to persons aged under 18 who are accused of offences mentioned in Schedule 2 to the Magistrates’ Courts Act 1980) is amended as follows. In the heading for “persons aged under 18” substitute “children or young persons”. In subsection (1)(a) for “person aged under 18” substitute “child or young person”. In subsections (2) and (3)(b) after “accused” insert “child or young”.
In section 8(4) (registration certificates) after “section 4(5)” insert “or (6)”.
Part 1 of Schedule 1 (bail for defendants accused or convicted of certain imprisonable offences) is amended in accordance with paragraphs 11 to 21.
Section 10 (enforcement of fines) is amended as follows. In subsection (6) for “If” substitute “Subject to any regulations made under subsection (7), if”. After subsection (6) insert—
For the heading immediately before paragraph 1 (defendants to whom Part 1 applies) substitute “Application of Part 1”.
After section 10 insert—
In paragraph 1 (defendants to whom Part 1 applies) in sub-paragraph (1) after “sub-paragraph (2)” insert “and paragraph 1A”.
Section 11 (interpretation of Chapter 1) is amended as follows. Before the definition of “chief officer of police” insert—. After the definition of “defaulter” insert—. After the definition of “penalty notice” insert—.
After paragraph 1 insert—
Where the defendant falls within paragraph 6B, this paragraph does not apply unless—
After paragraph 2 insert—
For paragraph 2A (refusal of bail where defendant appears to have committed offence while on bail) substitute—
For paragraph 6 (refusal of bail where defendant fails to surrender to custody or has been arrested under section 7) substitute—
In paragraph 6A (certain drug users to be refused bail unless no significant risk of offending while on bail) for “is satisfied” substitute “is of the opinion”.
In paragraph 9 (considerations to which the court must have regard)—
for “2A(1), 6(1) or 6A” substitute “2ZA(1)”, and
after “paragraph 6ZA” insert “or 6A”.
In paragraph 9AA (court to give particular weight to the fact that an under 18 defendant was on bail when the offence was committed) in sub-paragraph (1)(a) for “under the age of 18” substitute “a child or young person”.
In paragraph 9AB (factors to be given particular weight by the court when making a decision for the purposes of section 2(1)(a), in the case of an under 18 defendant who has failed to surrender) in sub-paragraph (1)(a) for “under the age of 18” substitute “a child or young person”.
Part 1A of Schedule 1 (bail for defendants accused or convicted of imprisonable offences to which Part 1 of that Schedule does not apply) is amended in accordance with paragraphs 23 to 26.
For the heading immediately before paragraph 1 (defendants to whom Part 1A applies) substitute “Application of Part 1A”.
In paragraph 1 (defendants to whom Part 1A applies) for “The” substitute “Subject to paragraph 1A, the”.
After paragraph 1 insert—
Paragraph 4 (refusal of bail to defendants who are likely to cause injury or fear of injury) is amended as follows. The existing words become sub-paragraph (1). In paragraphs (a) and (b) of that sub-paragraph for “any person other than the defendant”, in both places those words appear, substitute “an associated person”. In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.
Part 2 of Schedule 1 (bail for defendants accused or convicted of non-imprisonable offences) is amended in accordance with paragraphs 28 to 30.
In paragraph 2 (refusal of bail for failure to surrender to custody) after “bail if—” insert—.
In paragraph 5 (refusal of bail in certain circumstances when arrested under section 7) after “bail if—” insert—.
After paragraph 5 insert—
Paragraph 2 of Part 3 of Schedule 1 (references to previous grants of bail) is amended as follows. In paragraph (b) for “section 14(1) of the Criminal Justice Act 2003” substitute “paragraph 16 of Schedule 11 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012”. In paragraph (c) for “section 15(1) of the Criminal Justice Act 2003” substitute “paragraph 17 of Schedule 11 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012”. After paragraph (f) insert ;
Schedule 5 (legal aid: consequential amendments) has effect.
Where the Lord Chancellor considers it appropriate as part of the arrangements for effecting the transition from the operation of Part 1 of the Access to Justice Act 1999 to the operation of this Part of this Act, the Lord Chancellor may by regulations make provision requiring or enabling prescribed 1999 Act services to be made available to individuals or other persons under this Part for a period specified or described in the regulations.
In subsection (2) “1999 Act services” means services which, immediately before the day on which the first regulations under that subsection come into force, may be funded under Part 1 of the Access to Justice Act 1999.
Where the Lord Chancellor considers it appropriate for the Legal Services Commission to cease to exist before this Part is brought fully into force, the Lord Chancellor may by regulations make provision for the purpose of requiring or enabling the Lord Chancellor and the Director, or persons authorised by the Lord Chancellor or the Director, to carry out LSC functions for a period specified or described in the regulations.
In subsection (4) “LSC functions” means functions conferred or imposed on the Legal Services Commission by or under Part 1 of the Access to Justice Act 1999.
Regulations under subsection (4) may not include provision requiring or enabling the Lord Chancellor—
to take decisions about whether services should be funded in individual cases, or
to give directions or guidance about the carrying out of functions under Part 1 of the Access to Justice Act 1999 in relation to individual cases.
Regulations under this section—
may amend, repeal, revoke or otherwise modify Part 1 of the Access to Justice Act 1999, this Part of this Act, any other Act and any instrument made under an Act;
may describe a period, in particular, by reference to the coming into force of a provision of this Part of this Act or the repeal of a provision of Part 1 of the Access to Justice Act 1999.
The requirement for regulations under this section to specify or describe a period does not prevent the making of further regulations under this section.
The powers to make regulations under this section are without prejudice to the generality of the powers to make regulations under the other provisions of this Part and under section 149.
In this section “Act” includes an Act or Measure of the National Assembly for Wales.
Schedule 6 (Northern Ireland: information about financial resources) has effect.
Orders, regulations and directions under this Part—
may make different provision for different cases, circumstances or areas,
may make provision generally or only for specified cases, circumstances or areas, and
may make provision having effect for a period specified or described in the order, regulations or direction.
They may, in particular, make provision by reference to—
services provided for the purposes of proceedings before a particular court, tribunal or other person,
services provided for a particular class of individual, or
services provided for individuals selected by reference to particular criteria or on a sampling basis.
Orders and regulations under this Part—
may provide for a person to exercise a discretion in dealing with any matter,
may make provision by reference to a document produced by any person, and
may make consequential, supplementary, incidental, transitional or saving provision.
Orders and regulations under this Part are to be made by statutory instrument.
A statutory instrument containing an order or regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament, unless it is an instrument described in subsection (6) or (9).
A statutory instrument containing an order or regulations listed in subsection (7) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Those orders and regulations are—
orders under section 9;
regulations under section 11(1)(b), other than regulations in respect of which the Lord Chancellor has made an urgency statement;
regulations under section 13(8);
orders under section 17(3);
regulations under section 18(7);
regulations under section 19;
regulations under section 20;
regulations under section 22;
regulations under section 26(3) or (6)(b) or (d);
regulations under section 27(6)(a) or (8);
regulations under section 39 that amend or repeal a provision of an Act (as defined in that section), other than regulations revoking such regulations or inserting or repealing provision previously repealed or inserted by such regulations;
regulations under paragraph 5(9) of Schedule 3;
regulations under paragraph 11 of Schedule 4 that amend or repeal a provision of an Act (as defined in that Schedule).
An urgency statement is a statement that the Lord Chancellor considers that it is desirable for the regulations to come into force without delay for the reasons given in the statement.
Where a statutory instrument contains regulations under section 11(1)(b) in respect of which the Lord Chancellor has made an urgency statement—
the regulations may not come into force before the instrument and the statement are laid before Parliament, and
the regulations cease to have effect at the end of the period of 120 days beginning with the day on which the instrument is made unless the instrument is approved by a resolution of each House of Parliament before the end of that period.
In reckoning the period of 120 days no account is to be taken of any time—
during which Parliament is dissolved or prorogued, or
during which both Houses are adjourned for more than 4 days.
Where regulations cease to have effect under subsection (9) that does not affect—
anything previously done in reliance on the regulations, or
the making of further regulations.
In this Part—
After section 47 insert—
The Criminal Justice Act 1991 is amended as follows.
The Criminal Justice Act 2003 is amended as follows.
The Criminal Justice and Court Services Act 2000 is amended as follows.
Omit section 60(1).
In section 142 (purposes of sentencing: offenders aged 18 and over), in subsection (2)(c)—
after “weapon)” insert “, under section 224A of this Act (life sentence for second listed offence for certain dangerous offenders)”, and
for “(dangerous offenders)” substitute “(imprisonment or detention for life for certain dangerous offenders)”.
In section 62 (release on licence etc: conditions as to monitoring), in subsection (5)(f), after “226” insert “, 226B”.
In section 60(3) (applications under section 25 of the Children Act 1989 in case of child remanded or committed to local authority accommodation)—
omit “or committed”, and
after “local authority accommodation” insert “under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
In section 150 (community sentence not available where sentence fixed by law etc), at the end of paragraph (ca) (but before the “or”) insert—.
In section 64 (release on licence: drug testing requirements), in subsection (5)(f), after “226” insert “, 226B”.
Omit section 61 (provision by local authorities of secure accommodation).
In section 152 (general restrictions on imposing discretionary custodial sentence), in subsection (1)(b), before “225(2)” insert “224A,”.
Omit section 61A (cost of secure accommodation).
In section 153 (length of discretionary custodial sentences: general provision), in subsection (1), before “225” insert “224A,”.
In section 92(3) (application of prisoner escort provisions to persons remanded etc under section 23 of the Children and Young Persons Act 1969)—
in paragraph (a), for the words from “or committed” to “1969 Act” substitute “to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”, and
in paragraph (b) for “such accommodation” substitute “accommodation in which a person is or is to be accommodated pursuant to such a remand”.
In section 156 (pre-sentence reports and other requirements), after subsection (8) insert—
In section 163 (general power of Crown Court to fine offender convicted on indictment) before “225(2)” insert “224A,”.
Before section 224 insert—.
In section 224 (meaning of “specified offence” etc), in subsection (2)(b), for “225” substitute “224A”.
After section 224 (and before section 224A) insert—.
After section 226 insert—.
Before section 231 insert—.
Section 231 (appeals where convictions set aside) is amended as follows. Before subsection (1) insert— In subsection (1), for “This section” substitute “Subsection (2) also”. After subsection (2) insert—
After section 232 insert—
In section 305(4) (interpretation of Part 12), after paragraph (ba) insert—.
In this Part references to proceedings are to be interpreted in accordance with section 20(3).
This Part binds the Crown.
In section 58 of the Courts and Legal Services Act 1990 (conditional fee agreements), in subsection (2)—
omit “and” after paragraph (a), and
after paragraph (b) insertand
After subsection (4) of that section insert—
In section 58A of that Act (conditional fee agreements: supplementary), in subsection (5) after “section 58(4)” insert “ , (4A) or (4B) ”.
For subsection (6) of that section substitute—
In section 120(4) of that Act (regulations and orders subject to parliamentary approval) after “58(4),” insert “ (4A) or (4B), ”.
The amendment made by subsection (4) does not prevent a costs order including provision in relation to a success fee payable by a person (“P”) under a conditional fee agreement entered into before the day on which that subsection comes into force (“the commencement day”) if—
the agreement was entered into specifically for the purposes of the provision to P of advocacy or litigation services in connection with the matter that is the subject of the proceedings in which the costs order is made, or
advocacy or litigation services were provided to P under the agreement in connection with that matter before the commencement day.
Section 58AA of the Courts and Legal Services Act 1990 (damages-based agreements) is amended as follows.
In subsection (1) omit “relates to an employment matter and”.
In subsection (2)—
after “But” insert “ (subject to subsection (9)) ”, and
omit “relates to an employment matter and”.
Omit subsection (3)(b).
After subsection (4)(a) insert—.
In subsection (4)(b), at the beginning insert “ if regulations so provide, ”.
In subsection (4)(d) for “has provided prescribed information” substitute “ has complied with such requirements (if any) as may be prescribed as to the provision of information ”.
After subsection (6) insert—
After subsection (7) insert—
After subsection (8) insert—
In the heading of that section omit “relating to employment matters”.
In section 120(4) of that Act (regulations and orders subject to parliamentary approval) for “58AA” substitute “ 58AA(4) ”.
The amendments made by subsections (1) to (11) do not apply in relation to an agreement entered into before this section comes into force.
In the Courts and Legal Services Act 1990, after section 58B insert—
In the Access to Justice Act 1999, omit section 29 (recovery of insurance premiums by way of costs).
The amendments made by this section do not apply in relation to a costs order made in favour of a party to proceedings who took out a costs insurance policy in relation to the proceedings before the day on which this section comes into force.
In the Access to Justice Act 1999, omit section 30 (recovery where body undertakes to meet costs liabilities).
The repeal made by subsection (1) does not apply in relation to a costs order made in favour of a person to whom a body gave an undertaking before the day on which this section comes into force if the undertaking was given specifically in respect of the costs of other parties to proceedings relating to the matter which is the subject of the proceedings in which the costs order is made.
Sections 44 and 46 may not be brought into force in relation to proceedings relating to a claim for damages in respect of diffuse mesothelioma until the Lord Chancellor has—
carried out a review of the likely effect of those sections in relation to such proceedings, and
published a report of the conclusions of the review.
In this section “diffuse mesothelioma” has the same meaning as in the Pneumoconiosis etc (Workers' Compensation) Act 1979.
In section 22 of the Matrimonial Causes Act 1973 (maintenance pending suit)—
number the existing provision subsection (1), and
after that subsection insert—
After that section insert—
After section 22ZA of the Matrimonial Causes Act 1973 insert—
In section 24A(1) of the Matrimonial Causes Act 1973 (orders for sale of property), after “makes” insert “ an order under section 22ZA or makes ”.
Part 8 of Schedule 5 to the Civil Partnership Act 2004 (maintenance pending outcome of dissolution etc proceedings) is amended as follows.
In the heading of that Part after “Maintenance” insert “ and other payments ”.
Before paragraph 38 insert— “ Maintenance orders ”.
In that paragraph—
number the existing provision sub-paragraph (1), and
after that sub-paragraph insert—
After that paragraph insert—
After paragraph 38A of Schedule 5 to the Civil Partnership Act 2004 insert—
Paragraph 10(1)(a) of Schedule 5 to the Civil Partnership Act 2004 (sale of property orders) is amended as follows.
Omit the “or” at the end of sub-paragraph (i).
After sub-paragraph (ii) insert—.
Rules of court may make provision for a court to order a defendant in civil proceedings to pay an additional amount to a claimant in those proceedings where—
the claim is a claim for (and only for) an amount of money,
judgment is given in favour of the claimant,
the judgment in respect of the claim is at least as advantageous as an offer to settle the claim which the claimant made in accordance with rules of court and has not withdrawn in accordance with those rules, and
any prescribed conditions are satisfied.
Rules made under subsection (1) may include provision as to the assessment of whether a judgment is at least as advantageous as an offer to settle.
In subsection (1) “additional amount” means an amount not exceeding a prescribed percentage of the amount awarded to the claimant by the court (excluding any amount awarded in respect of the claimant's costs).
The Lord Chancellor may by order provide that rules of court may make provision for a court to order a defendant in civil proceedings to pay an amount calculated in a prescribed manner to a claimant in those proceedings where—
the claim is or includes a non-monetary claim,
judgment is given in favour of the claimant,
the judgment in respect of the claim is at least as advantageous as an offer to settle the claim which the claimant made in accordance with rules of court and has not withdrawn in accordance with those rules, and
any prescribed conditions are satisfied.
An order under subsection (4) must provide for the amount to be calculated by reference to one or more of the following—
any costs ordered by the court to be paid to the claimant by the defendant in the proceedings;
any amount awarded to the claimant by the court in respect of so much of the claim as is for an amount of money (excluding any amount awarded in respect of the claimant's costs);
the value of any non-monetary benefit awarded to the claimant.
An order under subsection (4)—
must provide that rules made under the order may include provision as to the assessment of whether a judgment is at least as advantageous as an offer to settle, and
may provide that such rules may make provision as to the calculation of the value of a non-monetary benefit awarded to a claimant.
Conditions prescribed under subsection (1)(d) or (4)(d) may, in particular, include conditions relating to—
the nature of the claim;
the amount of money awarded to the claimant;
the value of the non-monetary benefit awarded to the claimant.
Orders under this section are to be made by the Lord Chancellor by statutory instrument.
A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Rules of court and orders made under this section may make different provision in relation to different cases.
In this section—
A regulated person is in breach of this section if—
the regulated person refers prescribed legal business to another person and is paid or has been paid for the referral, or
prescribed legal business is referred to the regulated person, and the regulated person pays or has paid for the referral.
A regulated person is also in breach of this section if in providing legal services in the course of prescribed legal business the regulated person—
arranges for another person to provide services to the client, and
is paid or has been paid for making the arrangement.
Section 59 defines “regulated person”.
“Prescribed legal business” means business that involves the provision of legal services to a client, where—
the legal services relate to a claim or potential claim for damages for personal injury or death,
the legal services relate to any other claim or potential claim for damages arising out of circumstances involving personal injury or death, or
the business is of a description specified in regulations made by the Lord Chancellor.
There is a referral of prescribed legal business if— and “relevant services” means any of the legal services that the business involves.
a person provides information to another,
it is information that a provider of legal services would need to make an offer to the client to provide relevant services, and
the person providing the information is not the client;
“Legal services” means services provided by a person which consist of or include legal activities (within the meaning of the Legal Services Act 2007) carried on by or on behalf of that person; and a provider of legal services is a person authorised to carry on a reserved legal activity within the meaning of that Act.
“Client”—
where subsection (4)(a) applies, means the person who makes or would make the claim;
where subsection (4)(c) applies, has the meaning given by the regulations.
Payment includes any form of consideration whether any benefit is received by the regulated person or by a third party (but does not include the provision of hospitality that is reasonable in the circumstances).
The relevant regulator must ensure that it has appropriate arrangements for monitoring and enforcing the restrictions imposed on regulated persons by section 56.
A regulator may make rules for the purposes of subsection (1).
The rules may in particular provide for the relevant regulator to exercise in relation to anything done in breach of that section any powers (subject to subsections (5) and (6)) that the regulator would have in relation to anything done by the regulated person in breach of another restriction.
Where the relevant regulator is the Financial Conduct Authority, section 58 applies instead of subsections (1) to (3) (and (7) to (9)).
A breach of section 56—
does not make a person guilty of an offence, and
does not give rise to a right of action for breach of statutory duty.
A breach of section 56 does not make anything void or unenforceable, but a contract to make or pay for a referral or arrangement in breach of that section is unenforceable.
Subsection (8) applies in a case where— and it appears to the regulator that a payment made to or by the regulated person may be a payment for the referral or for making the arrangement (a “referral fee”).
a referral of prescribed legal business has been made by or to a regulated person, or
a regulated person has made an arrangement as mentioned in section 56(2)(a),
Rules under subsection (2) may provide for the payment to be treated as a referral fee unless the regulated person shows that the payment was made— and not as a referral fee.
as consideration for the provision of services, or
for another reason,
For the purposes of provision made by virtue of subsection (8) a payment that would otherwise be regarded as consideration for the provision of services of any description may be treated as a referral fee if it exceeds the amount specified in relation to services of that description in regulations made by the Lord Chancellor.
The Treasury may make regulations to enable the Financial Conduct Authority, where it is the relevant regulator, to take action for monitoring and enforcing compliance with the restrictions imposed on regulated persons by section 56.
The regulations may apply, or make provision corresponding to, any of the provisions of the Financial Services and Markets Act 2000 with or without modification.
Those provisions include in particular—
provisions as to investigations, including powers of entry and search and criminal offences;
provisions for the grant of an injunction in relation to a contravention or anticipated contravention;
provisions giving Ministers or the Financial Conduct Authority powers to make subordinate legislation;
provisions for the Financial Conduct Authority to charge fees.
The regulations may make provision corresponding to the provision that may be made by virtue of section 57(7) to (9) (but as if the reference to the Lord Chancellor were a reference to the Treasury).
The power to make regulations under this section is subject to section 57(5) and (6).
In relation to a referral of business within section 56(4)(a)— 1. Regulator 2. Regulated person the Financial Conduct Authority an authorised person (within the meaning of the Financial Services and Markets Act 2000) of a description specified in regulations made by the Treasury . . . . . . the General Council of the Bar a person authorised by the Council to carry on a reserved legal activity within the meaning of the Legal Services Act 2007 the Law Society a person authorised by the Society to carry on a reserved legal activity within the meaning of the Legal Services Act 2007 a regulatory body specified for the purposes of this subsection in regulations made by the Lord Chancellor a person of a description specified in the regulations in relation to the body
a regulator is any person listed in column 1 below;
a regulated person is any person listed in column 2;
a regulator in column 1 is the relevant regulator in relation to the corresponding person in column 2.
In relation to a referral of prescribed legal business of any other kind— 1. Regulator 2. Regulated person the Financial Conduct Authority an authorised person (within the meaning of the Financial Services and Markets Act 2000) of a description specified in regulations made by the Treasury . . . . . . an approved regulator for the purposes of Part 3 of the Legal Services Act 2007 (approved legal activities); a person who is authorised by the regulator to carry on a reserved legal activity and is of a description specified in regulations made by the Lord Chancellor a licensing authority for the purposes of Part 5 of that Act (alternative business structures) a person who is licensed by the authority to carry on a reserved legal activity and is of a description specified in regulations made by the Lord Chancellor
a regulator is any person listed in column 1 below and specified in relation to business of that kind in regulations made by the Lord Chancellor;
a regulated person is any person specified in accordance with column 2 in relation to business of that kind;
a person specified under paragraph (a) in relation to business of that kind is the relevant regulator in relation to a person specified in accordance with the corresponding entry in column 2 in relation to business of that kind.
This section applies to any regulations under sections 56 to 59.
The regulations are to be made by statutory instrument.
The power to make the regulations includes power to make consequential, supplementary, incidental, transitional, transitory or saving provision.
A statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
“civil court” means— “relevant civil appeal” means an appeal to the Supreme Court—
This section applies in relation to appeals to the Supreme Court only where the decision, order or judgment that is the subject of the appeal is made or given on or after the day on which this section comes into force.
Schedule 7 (costs in criminal cases) has effect.
Schedule 8 (costs in criminal cases: service courts) has effect.
In section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders against convicted persons), after subsection (2) insert—
In section 175 of the Armed Forces Act 2006 (service compensation orders), after subsection (7) insert—
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for subsection (1) substitute—, and
in subsection (2) for “In stating its reasons” substitute “In complying with the duty under section 174(2) to state its reasons for deciding on the order made,”.
In the Armed Forces Act 2006—
in section 252 (duty to give reasons and explain sentence), omit subsection (2);
in section 253 (duties in complying with section 252), omit subsections (1)(a), (c) and (d) and (2)(b) and (d) to (h).
In consequence of the amendments made by this section omit—
paragraph 9(6) of Schedule 1 to the Violent Crime Reduction Act 2006;
paragraph 80 of Schedule 4 to the Criminal Justice and Immigration Act 2008;
paragraph 24 of Schedule 25 to that Act;
paragraph 84 of Schedule 21 to the Coroners and Justice Act 2009.
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after sub-paragraph (i) omit “or”;
at the end insert—.
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after sub-paragraph (i) omit “or”;
at the end insert , or
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Section 241 of the Armed Forces Act 2006 (increase in sentence for aggravation related to disability or sexual orientation) is amended as follows.
In the heading, for “or sexual orientation” substitute “ , sexual orientation or transgender identity ”.
In subsection (2)(a)—
after sub-paragraph (i) omit “or”;
at the end insert—.
In subsection (2)(b)—
after sub-paragraph (i) omit “or”;
at the end insert, or
After subsection (5) insert—
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In section 177 of the Criminal Justice Act 2003 (general provisions about community orders), in subsection (5) (requirement for order to specify date on which requirements must have been complied with)—
after the first “date” insert “(“the end date”)”, and
omit the words from “; and” to the end of the subsection.
After that subsection insert—
In Schedule 8 to that Act (breach, revocation or amendment of community order), in paragraph 9 (powers of magistrates’ court in case of breach)—
in sub-paragraph (3), for the words from “but may” to the end of the sub-paragraph substitute “but may only amend the order to substitute a later date for that specified under section 177(5) in accordance with sub-paragraphs (3ZA) and (3ZB)”, and
A date substituted under sub-paragraph (3)— The power under sub-paragraph (3) to substitute a date may not be exercised in relation to an order if that power or the power in paragraph 10(3) to substitute a date has previously been exercised in relation to that order. A date substituted under sub-paragraph (3) is to be treated as having been specified in relation to the order under section 177(5).
In that Schedule, in paragraph 10 (powers of Crown Court in case of breach)—
in sub-paragraph (3), for the words from “but may” to the end of the sub-paragraph substitute “but may only amend the order to substitute a later date for that specified under section 177(5) in accordance with sub-paragraphs (3ZA) and (3ZB)”, and
A date substituted under sub-paragraph (3)— The power under sub-paragraph (3) to substitute a date may not be exercised in relation to an order if that power or the power under paragraph 9(3) to substitute a date has previously been exercised in relation to that order. A date substituted under sub-paragraph (3) is to be treated as having been specified in relation to the order under section section 177(5).
In that Schedule, after paragraph 19 insert—
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Schedule 8 to the Criminal Justice Act 2003 (breach, revocation or amendment of community order) is amended as follows.
In paragraph 9 (powers of magistrates’ court in case of breach), in sub-paragraph (1)—
in the opening words, for “must” substitute “may”, and
after paragraph (a) insert—.
A fine imposed under sub-paragraph (1)(aa) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
In sub-paragraph (6) of that paragraph, for the words from “be required to” to “or (c),” substitute “have the power to deal with the offender under sub-paragraph (1)(a), (aa), (b) or (c),”.
In paragraph 10 (powers of Crown Court in case of breach), in sub-paragraph (1)—
in the opening words, for “must” substitute “may”, and
after paragraph (a) insert—.
A fine imposed under sub-paragraph (1)(aa) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
After paragraph 11 insert—
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Schedule 9 (changes to powers to make suspended sentence orders: consequential and transitory provision) has effect.
The amendments and modifications made by this section and that Schedule apply in relation to offences committed before or after the coming into force of any provision of this section or that Schedule.
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Schedule 12 to the Criminal Justice Act 2003 (breach or amendment of suspended sentence order, and effect of further conviction) is amended as follows.
In paragraph 8 (powers of court in case of breach or conviction)—
in sub-paragraph (2), after paragraph (b) insert—,
A fine imposed under sub-paragraph (2)(ba) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
in sub-paragraph (6), after “(b)” insert “, (ba)”.
After paragraph 12 insert—
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In section 177(2) of the Criminal Justice Act 2003 (community orders: restrictions relating to particular requirements) omit paragraph (c) (which refers to section 202(4) and (5) of that Act).
In section 190(2) of that Act (suspended sentence orders: restrictions relating to particular requirements) omit paragraph (c) (which refers to section 202(4) and (5) of that Act).
Section 202 of that Act (orders imposing programme requirements) is amended as follows.
In subsection (1) (meaning of “programme requirement”)—
after “participate” insert “in accordance with this section”, and
for the words from “specified in the order” to the end of the subsection substitute “on the number of days specified in the order.”
Omit subsections (4) and (5) (requirements to be met before court includes a programme requirement in a relevant order).
In subsection (6) (effect of programme requirement)—
in the opening words, for “requirement to attend an accredited programme” substitute “programme requirement”, and
in paragraph (a), for “at the place specified in the order” substitute “that is from time to time specified by the responsible officer at the place that is so specified”.
In subsection (7) (requirement for place providing programme requirement to be approved) for “in an order” substitute “by a responsible officer”.
In consequence of subsection (5), omit paragraph 86 of Schedule 4 to the Criminal Justice and Immigration Act 2008.
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Section 204 of the Criminal Justice Act 2003 (orders imposing curfew requirements) is amended as follows.
In subsection (2) (order may not specify curfew period of more than twelve hours) for “twelve” substitute “sixteen”.
In subsection (3) (order may not specify curfew periods outside period of six months from making of order) for “six” substitute “twelve”.
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In section 177 of the Criminal Justice Act 2003 (community orders), in subsection (1), after paragraph (g) insert—.
In subsection (4) of that section (power to impose electronic monitoring requirement), after “a residence requirement,” insert “a foreign travel prohibition requirement,”.
In section 190 of that Act (imposition of requirements by suspended sentence order), in subsection (1), after paragraph (g) insert—.
In subsection (4) of that section (power to impose electronic monitoring requirement), after “a residence requirement,” insert “a foreign travel prohibition requirement,”.
After section 206 of that Act insert—
In section 305(1) of that Act (interpretation of Part 12), at the appropriate place insert—.
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Section 207 of the Criminal Justice Act 2003 (mental health treatment requirement) is amended as follows.
In subsection (3)(a) (requirement for court to be satisfied as to offender’s mental condition on evidence of registered medical practitioner)—
omit the words from “, on the evidence” to “1983,”, and
in sub-paragraph (ii), for “that Act” substitute “the Mental Health Act 1983”.
Omit subsection (5) (application of section 54(2) and (3) of the Mental Health Act 1983 to proof of offender’s mental condition).
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In section 209 of the Criminal Justice Act 2003 (drug rehabilitation requirements) omit subsection (3) (requirement for treatment and testing period to be at least six months).
In section 211(2) of that Act (powers of court at review hearing)—
at the end of paragraph (a) insert “and”, and
omit paragraph (b) and the “and” at the end of that paragraph.
In section 223(3) of that Act (power to amend specified periods of time), omit paragraph (c).
In section 212 of the Criminal Justice Act 2003 (alcohol treatment requirement) omit subsection (4) (requirement for alcohol treatment requirement to have effect for at least six months).
In section 223(3) of that Act (power to amend specified periods of time), omit paragraph (d).
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After section 212 of the Criminal Justice Act 2003 insert—
In section 177 of that Act (community orders), in subsection (1), after paragraph (j) insert—.
In subsection (2) of that section (limitations on power to impose community order)—
omit the “and” at the end of paragraph (f), and
at the end of paragraph (g) insert , and
In section 190 of that Act (imposition of requirements by suspended sentence order), in subsection (1), after paragraph (j) insert—.
In subsection (2) of that section (limitations on power to impose requirements by suspended sentence order)—
omit the “and” at the end of paragraph (f), and
at the end of paragraph (g) insert , and
In section 215 of that Act (electronic monitoring requirement), after subsection (4) insert—
In section 223(3) of that Act (provisions to which powers to amend periods of time apply), after paragraph (b) insert—.
In section 305(1) of that Act (interpretation of Part 12), at the appropriate place insert—.
In Schedule 9 to that Act (transfer of community orders to Scotland or Northern Ireland)—
in paragraph 1(5), after “require” insert “an alcohol abstinence and monitoring requirement or”, and
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.
In Schedule 13 to that Act (transfer of suspended sentence orders to Scotland or Northern Ireland)—
in paragraph 1(5), after “require” insert “an alcohol abstinence and monitoring requirement or”, and
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.
In the Armed Forces Act 2006—
in section 180 (transfer of service community order to Scotland or Northern Ireland), in subsection (2), after “3(1)” insert “and (4A)”, and
in section 204 (transfer of suspended sentence order to Scotland or Northern Ireland), in subsection (2), for “6(5)” substitute “6(4A) and (5)”.
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The Secretary of State may by order provide for the coming into force of section 76.
The Secretary of State may not make an order under subsection (1) with the effect that section 76 is in force for the whole of England and Wales (a “general commencement order”) without having previously made a piloting order.
Subsection (2) does not prevent an order under subsection (1) from bringing section 76 into force for the purpose only of making orders under section 212A or 223 of the Criminal Justice Act 2003 or rules under section 222 of that Act (and such an order is not a general commencement order for the purposes of this section).
A “piloting order” is an order under subsection (1) with the effect that section 76 is force only— but otherwise for all purposes, or for all purposes other than application by the Armed Forces Act 2006.
in relation to the area or areas specified in the order, and
for the period specified in the order,
If, having made one or more piloting orders, the Secretary of State decides to make a general commencement order, the Secretary of State may by order—
amend section 76 so as to enable the general commencement order to bring it into force with those amendments;
amend or repeal any provision of this Act in consequence of provision made under paragraph (a).
Amendments under subsection (5)(a)—
may confer power on the Secretary of State to make an order or rules;
may not enable a court to provide for an alcohol abstinence and monitoring requirement to be complied with in Scotland or Northern Ireland.
If, having made one or more piloting orders, the Secretary of State decides not to make a general commencement order, the Secretary of State may by order—
repeal section 76;
amend the Criminal Justice Act 2003 so as to reverse the effect of that section on that Act;
make other consequential amendments or repeals.
An order under this section may make transitional, transitory or saving provision (including, in the case of a piloting order, provision relating to section 76 ceasing to be in force at the end of the period specified in the order).
An order under this section is to be made by statutory instrument.
A statutory instrument containing— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
a general commencement order, or
an order under subsection (5) or (7),
Section 182 of the Armed Forces Act 2006 (general provisions about overseas community orders) is amended as follows.
In subsection (1)(a) (requirements that may be imposed by overseas community orders), after “Act)” insert “ (but see subsection (1A) below) ”.
After subsection (1) insert—
In subsection (4) (application of section 177(5) and (6) of the Criminal Justice Act 2003 to overseas community orders), after “(5)” insert “ , (5A), (5B) ”.
In section 322 of that Act (financial penalty enforcement orders), in the definition of “financial penalty” in subsection (4), after “including” insert “ a fine imposed by the Court Martial or the Service Civilian Court under paragraph 10(1)(aa) of Schedule 8 to the 2003 Act by virtue of section 184 and Part 2 of Schedule 5 (breach etc of overseas community order) or ”.
In Part 1 of Schedule 5 to that Act (breach, revocation and amendment of service community orders), in paragraph 1(2) (provisions of Schedule 8 to the Criminal Justice Act 2003 that do not apply to such orders), after “18(4),” insert “ 19A(5), ”.
Part 2 of Schedule 5 to that Act (breach, revocation and amendment of overseas community orders) is amended as follows.
In paragraph 10(2)(b) (provisions of Schedule 8 to the Criminal Justice Act 2003 that do not apply to such orders), after “19,” insert “ 19A(5), ”.
After paragraph 14 insert—
In Schedule 6 to that Act (overseas community orders imposed on young offenders), in paragraph 5 (modification of drug rehabilitation requirement in relation to such offenders), omit sub-paragraph (4) (which disapplies section 209(3) of the Criminal Justice Act 2003).
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in subsection (2) at the end of paragraph (a) insert “and”,
in that subsection omit paragraph (c) and the word “and” immediately before it, and
omit subsections (2A) to (2D).
In consequence of the amendment made by subsection (2)(c) omit paragraph 12(3), (4) and (5) of Schedule 17 to the Coroners and Justice Act 2009.
The amendments made by this section do not apply in relation to any sentence passed in relation to an offence committed before the coming into force of this section.
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In section 213 of the Armed Forces Act 2006 (application of provisions relating to civilian detention and training orders to orders under section 211 of that Act)—
in subsection (2), after “(13)” insert “ , 104B(1) ”, and
after subsection (3) insert—
The amendments made by this section apply in relation to a failure to comply with requirements under section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 that occurs after this section comes into force.
Where a failure is found to have occurred over two or more days, it is to be taken for the purposes of subsection (10) to have occurred on the first of those days.
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Paragraph 14 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order: curfew requirement) is amended as follows.
In sub-paragraph (2) (order may not specify curfew period of more than 12 hours) for “12” substitute “16”.
In sub-paragraph (3) (order may not specify curfew periods outside period of 6 months from making of order) for “6” substitute “12”.
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Paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order: mental health treatment requirement) is amended as follows.
In sub-paragraph (3)(a) (requirement for court to be satisfied as to offender’s mental condition on evidence of registered medical practitioner)—
omit the words from “, on the evidence” to “1983 (c. 20),”, and
in sub-paragraph (ii), for “that Act” substitute “the Mental Health Act 1983”.
Omit sub-paragraph (5) (application of section 54(2) and (3) of the Mental Health Act 1983 to proof of offender’s mental condition).
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In Schedule 1 to the Criminal Justice and Immigration Act 2008 (further provisions about youth rehabilitation orders), in paragraph 32 (requirement for order to specify date by which requirements must have been complied with)—
in sub-paragraph (1), after the first “date” insert “(“the end date”)”,
If a youth rehabilitation order imposes two or more different requirements falling within Part 2 of this Schedule, the order may also specify a date by which each of those requirements must have been complied with; and the last of those dates must be the same as the end date.
Subject to paragraph 10(7) (duration of youth rehabilitation order imposing unpaid work requirement), a youth rehabilitation order ceases to be in force on the end date.
In Schedule 2 to that Act (breach, revocation or amendment of youth rehabilitation order), in paragraph 6 (powers of magistrates’ court in case of breach of order)—
in sub-paragraph (6), at the beginning insert “Subject to sub-paragraph (6A),”, and
When imposing a requirement under sub-paragraph (2)(b), the court may amend the order to substitute a later date for that specified under paragraph 32(1) of Schedule 1. A date substituted under sub-paragraph (6A)— The power under sub-paragraph (6A) may not be exercised in relation to an order if that power or the power in paragraph 8(6A) has previously been exercised in relation to that order. A date substituted under sub-paragraph (6A) is to be treated as having been specified in relation to the order under paragraph 32(1) of Schedule 1.
In that Schedule, in paragraph 8 (powers of Crown Court in case of breach of order)—
in sub-paragraph (6), at the beginning insert “Subject to sub-paragraph (6A),”, and
When imposing a requirement under sub-paragraph (2)(b), the Crown Court may amend the order to substitute a later date for that specified under paragraph 32(1) of Schedule 1. A date substituted under sub-paragraph (6A)— The power under sub-paragraph (6A) may not be exercised in relation to an order if that power or the power in paragraph 6(6A) has previously been exercised in relation to that order. A date substituted under sub-paragraph (6A) is to be treated as having been specified in relation to the order under paragraph 32(1) of Schedule 1.
In that Schedule, in paragraph 16(1) (exercise of powers to amend order: further provision), at the beginning insert “Subject to paragraph 16A,”.
After that paragraph insert—
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Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach of requirement of youth rehabilitation order) is amended as follows.
In paragraph 6 (powers of magistrates’ court in case of breach), in sub-paragraph (2)(a), for sub-paragraphs (i) and (ii) substitute “£2,500”.
In paragraph 8 (powers of Crown Court in case of breach), in sub-paragraph (2)(a), for sub-paragraphs (i) and (ii) substitute “£2,500”.
In paragraph 10 (power to amend amounts of fine)—
in sub-paragraph (1) omit “(i) or (ii)” in both places, and
in sub-paragraph (3)—
in paragraph (a) omit “(i) or (ii)” in both places, and
in paragraph (b), for “this Act was passed” substitute “section 84 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into force”.
Where, on the commencement day, a relevant offence would, apart from this subsection, be punishable on summary conviction by a fine or maximum fine of £5,000 or more (however expressed), the offence is punishable on summary conviction on or after that day by a fine of any amount.
Where, on the commencement day, a relevant power could, apart from this subsection, be exercised to create an offence punishable on summary conviction by a fine or maximum fine of £5,000 or more (however expressed), the power may be exercised on or after that day to create an offence punishable on summary conviction by a fine of any amount.
For the purposes of this section—
an offence is relevant if, immediately before the commencement day, it is a common law offence or it is contained in an Act or an instrument made under an Act (whether or not the offence is in force at that time), and
a power is relevant if, immediately before the commencement day, it is contained in an Act or an instrument made under an Act (whether or not the power is in force at that time).
Nothing in subsection (1) affects— and provision made in exercise of a relevant power in reliance on subsection (2) does not affect such fines or the operation of such restrictions.
fines for offences committed before the commencement day,
the operation of restrictions on fines that may be imposed on a person aged under 18, or
fines that may be imposed on a person convicted by a magistrates' court who is to be sentenced as if convicted on indictment,
The Secretary of State may by regulations make provision disapplying subsection (1) or (2).
The Secretary of State may by regulations make provision—
for an offence in relation to which subsection (1) is disapplied to be punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations, and
for a power in relation to which subsection (2) is disapplied to be exercisable to create an offence punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations.
Subsection (8) applies in relation to—
a relevant offence that, immediately before the commencement day, is punishable on summary conviction by a fine or maximum fine expressed as a proportion of an amount of £5,000 or more (however that amount is expressed), and
a relevant power which, immediately before the commencement day, can be exercised to create an offence punishable on summary conviction by such a fine or maximum fine.
The Secretary of State may by regulations make provision—
for the offence to be punishable on summary conviction by a fine or maximum fine of that proportion of an amount specified or described in the regulations, and
for the power to be exercisable to create an offence punishable on summary conviction by such a fine or maximum fine.
Regulations under this section may not include provision affecting— and provision made in exercise of a relevant power in reliance on regulations under this section may not include such provision.
fines for offences committed before the regulations come into force,
the operation of restrictions on fines that may be imposed on a person aged under 18, or
fines that may be imposed on a person convicted by a magistrates' court who is to be sentenced as if convicted on indictment,
Regulations under this section—
may make different provision for different cases or circumstances,
may make provision generally or only for specified cases or circumstances, and
may make consequential, incidental, supplementary, transitional, transitory or saving provision.
Regulations under this section, and regulations under section 149 making provision in relation to this section, may amend, repeal, revoke or otherwise modify any provision which, immediately before the commencement day, is contained in an Act or an instrument made under an Act (whether or not the provision is in force at that time).
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
If, immediately before the commencement day, the sum specified as level 5 on the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard scale of fines for summary offences) is greater than £5,000, the references in this section to £5,000 have effect as if they were references to that sum.
Powers under this section—
may be exercised from time to time, and
are without prejudice to other powers to modify fines for relevant offences or fines that may be specified or described when exercising a relevant power.
For the purposes of this section, an offence is relevant whether it is a summary offence or an offence triable either way.
In this section— and references to an offence, power or provision contained in an Act or instrument include an offence, power or provision applied by, or extending to England and Wales by virtue of, an Act or instrument.
In this paragraph—
Advocacy in proceedings in the First-tier Tribunal under—
the Mental Health Act 1983, or
paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984.
Part 2 of the Prosecution of Offences Act 1985 (costs in criminal cases) is amended as follows.
In section 170(5) of the Housing Act 1985 (charges to recover costs of assistance in legal proceedings)—
for “section 10(7) of the Access to Justice Act 1999” substitute “section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”, and
for “Legal Services Commission” substitute “Lord Chancellor”.
In section 25(6) of the Children Act 1989 (child without legal representation not to be placed in secure accommodation without having been informed of right to apply for legal aid), for the words from “representation” to “Criminal Defence Service” substitute “the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
Section 108(7) of the Social Security Administration Act 1992 is amended as follows. For “Legal Services Commission”, in the first place, substitute “Lord Chancellor”. In paragraph (a)— In paragraph (b) after sub-paragraph (iii) insert or.
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) omit “The Legal Services Commission.”
The Proceeds of Crime Act 2002 is amended as follows.
Omit paragraph 46 of Schedule 10 to the Domestic Violence, Crime and Victims Act 2004.
In the Coroners and Justice Act 2009, omit—
section 145;
paragraph 43 of Schedule 22.
In section 36 of the Criminal Justice Act 1988 (reviews of sentencing), in subsection (2)(b)(iii), after “section” insert “224A,”.
In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (1A)—
before “227” insert “226A or”, and
after “219” insert “, 219A”.
Advocacy in proceedings in the Mental Health Review Tribunal for Wales.
In section 19(2)(b) (matters of which account to be taken when making order as to costs) for “any grant of a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “of whether, for the purposes of the proceedings, representation has been provided under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
In section 245C(6)(b) (exclusion from property freezing order or prohibition on dealing with property to which order applies) for “funded by the Legal Services Commission or” substitute “made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded by”.
Advocacy in proceedings in the First-tier Tribunal under—
Schedule 2 to the Immigration Act 1971, or
Part 5 of the Nationality, Immigration and Asylum Act 2002.
In section 20(2) (regulations) for “by the Legal Services Commission or out of central funds” substitute “by the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or out of central funds in accordance with a costs order”.
In section 252(4A)(b) (exclusion from restriction on dealing with property) for “funded by the Legal Services Commission or” substitute “made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 or funded by”.
Advocacy in proceedings in the First-tier Tribunal under— but only to the extent that the proceedings concern contravention of the Equality Act 2010.
section 40A of the British Nationality Act 1981, or
regulation 26 of the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003),
Section 21 (interpretation) is amended as follows. In subsection (1), in the definition of “legally assisted person” for the words from “to whom” to the end of the definition substitute “for whom advice, assistance or representation is provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”. In subsection (4A)(a) for the words from “not” to “Service” substitute “not to include the cost of advice, assistance or representation provided to the person under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”. In subsection (4A)(b) for the words from “the cost” to the end substitute “the cost of such advice, assistance or representation”.
Advocacy in the First-tier Tribunal that falls within the description of civil legal services in paragraph 28, 29 or 32(1) of Part 1 of this Schedule.
Advocacy in proceedings in the First-tier Tribunal under—
section 4 or 4A of the Protection of Children Act 1999 (appeals and applications relating to list of barred from regulated activities with children or vulnerable adults),
section 86 or 87 of the Care Standards Act 2000 (appeals and applications relating to list of persons unsuitable to work with vulnerable adults),
section 32 of the Criminal Justice and Court Services Act 2000 (applications relating to disqualification orders), or
section 144 of the Education Act 2002 (appeals and reviews relating to direction prohibiting person from teaching etc).
Advocacy in proceedings in the Upper Tribunal arising out of proceedings within any of paragraphs 9 to 14 of this Part of this Schedule.
Advocacy in proceedings in the Upper Tribunal under section 4 of the Safeguarding Vulnerable Groups Act 2006.
Advocacy in proceedings in the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 (appeals on a point of law) from decisions made by the First-tier Tribunal or the Special Educational Needs Tribunal for Wales in proceedings under—
Part 4 of the Education Act 1996 (special educational needs), or
the Equality Act 2010.
Advocacy in proceedings which are brought before the Upper Tribunal (wholly or primarily) to exercise its judicial review jurisdiction under section 15 of the Tribunals, Courts and Enforcement Act 2007.
Advocacy where judicial review applications are transferred to the Upper Tribunal from the High Court under section 31A of the Senior Courts Act 1981.
Advocacy in proceedings in the Employment Appeal Tribunal, but only to the extent that the proceedings concern contravention of the Equality Act 2010.
Subsection (2) applies in relation to a relevant offence which, immediately before the commencement day, is punishable on summary conviction by a fine or maximum fine of a fixed amount of less than £5,000.
The Secretary of State may by regulations make provision for the offence to be punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations.
Subsection (4) applies in relation to a relevant power which, immediately before the commencement day, can be exercised to create an offence punishable on summary conviction by a fine or maximum fine of a fixed amount of less than £5,000 but not to create an offence so punishable by a fine or maximum fine of a fixed amount of £5,000 or more.
The Secretary of State may by regulations make provision for the power to be exercisable to create an offence punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations.
Regulations under this section may not specify or describe an amount exceeding whichever is the greater of—
£5,000, or
the sum specified for the time being as level 4 on the standard scale.
Regulations under this section may not include provision affecting— and provision made in exercise of a relevant power in reliance on regulations under subsection (4) may not include such provision.
fines for offences committed before the regulations come into force,
the operation of restrictions on fines that may be imposed on a person aged under 18, or
fines that may be imposed on a person convicted by a magistrates' court who is to be sentenced as if convicted on indictment,
Regulations under this section—
may make different provision for different cases or circumstances,
may make provision generally or only for specified cases or circumstances, and
may make consequential, incidental, supplementary, transitional, transitory or saving provision.
Regulations under this section may amend, repeal, revoke or otherwise modify any provision which, immediately before the commencement day, is contained in an Act or an instrument made under an Act (whether or not the provision is in force at that time).
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
If, immediately before the commencement day, the sum specified as level 5 on the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard scale of fines for summary offences) is greater than £5,000, the references in this section to £5,000 have effect as if they were references to that sum.
Powers under this section—
may be exercised from time to time, and
are without prejudice to other powers to modify fines for relevant offences or fines that may be specified or described when exercising a relevant power.
In this section “Act”, “the commencement day”, “relevant offence” and “relevant power”, and references to a provision contained in an Act or instrument, have the same meaning as in section 85.
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In section 143 of the Magistrates' Courts Act 1980 (power to alter sums including standard scale of fines for summary offences), in subsection (3)(b), after “subsection (1) above” insert “ or section 87 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
In section 37 of the Criminal Justice Act 1982 (standard scale of fines for summary offences), in subsection (3), at the end insert “ or section 87 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
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Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.
In paragraph 7(1) (Part 3 of Schedule does not apply on an appeal against a further steps notice) for “or 37(9)” substitute “ , 37(9) or 37A(4) ”.
In paragraph 37(7) (further steps notice must specify steps that fines officer intends to take) for “intends” substitute “ wishes to be able ”.
After paragraph 37 insert—
In paragraph 38(1) (list of steps referred to)—
after “37(6)(b)” insert “ , 37A(3)(a) ”, and
in paragraph (a) (steps include issuing warrants that authorise taking control, and sale, of goods) for “levying” substitute “ recovering ”.
In paragraph 39 (powers of court on referrals and appeals)—
in sub-paragraph (1)(c)—
after “37(9)” insert “ or 37A(4) ”, and
after “further steps notice” insert “ or replacement notice ”, and
in sub-paragraph (4) after “further steps notice” insert “ or replacement notice ”.
In paragraph 40 (implementation of notice)—
after “further steps notice”, in both places, insert “ or replacement notice ”, and
after “may be taken” insert “ and retaken ”.
After paragraph 40 insert—
In the Criminal Justice Act 2003, omit the following provisions (custody plus and intermittent custody)—
sections 181 to 188;
Schedules 10 and 11.
Schedule 10 (amendments consequential on subsection (1)) has effect.
Schedule 11 (amendment of enactments relating to bail) has effect.
This section applies where—
a court deals with a child charged with or convicted of one or more offences by remanding the child, and
the child is not released on bail.
This section also applies where—
a court remands a child in connection with extradition proceedings, and
the child is not released on bail.
Subject to subsection (4), the court must remand the child to local authority accommodation in accordance with section 92.
The court may instead remand the child to youth detention accommodation in accordance with section 102 where—
in the case of a child remanded under subsection (1), the first or second set of conditions for such a remand (see sections 98 and 99) is met in relation to the child, or
in the case of a child remanded under subsection (2), the first or second set of conditions for such a remand in an extradition case (see sections 100 and 101) is met in relation to the child.
This section is subject to section 128(7) of the Magistrates' Courts Act 1980 (remands to police detention for periods of not more than 3 days); but that provision has effect in relation to a child as if for the reference to 3 clear days there were substituted a reference to 24 hours.
Before deciding whether to remand a child to youth detention accommodation in accordance with section 102 the court must consider the interests and welfare of the child.
In this Chapter, “child” means a person under the age of 18.
References in this Chapter (other than in relation to extradition proceedings) to the remand of a child include a reference to— and related expressions are to be construed accordingly.
the sending of a child for trial, and
the committal of a child for sentence,
Before the insertion of section 51A of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons) by Schedule 3 to the Criminal Justice Act 2003 is fully in force, subsection (7) has effect as if it also referred to the committal of a child for trial.
Subsection (7) also applies to any provision of an Act other than this Act that refers (directly or indirectly) to the remand of a child under this section.
A remand to local authority accommodation is a remand to accommodation provided by or on behalf of a local authority.
A court that remands a child to local authority accommodation must designate the local authority that is to receive the child.
That authority must be—
in the case of a child who is being looked after by a local authority, that authority, and
in any other case, the local authority in whose area it appears to the court that the child habitually resides or the offence or one of the offences was committed.
The designated authority must—
receive the child, and
provide or arrange for the provision of accommodation for the child whilst the child is remanded to local authority accommodation.
Where a child is remanded to local authority accommodation, it is lawful for any person acting on behalf of the designated authority to detain the child.
A court remanding a child to local authority accommodation may require the child to comply with any conditions that could be imposed under section 3(6) of the Bail Act 1976 if the child were then being granted bail.
The court may also require the child to comply with any conditions imposed for the purpose of securing the electronic monitoring of the child's compliance with the conditions imposed under subsection (1) if—
in the case of a child remanded under section 91(1) (proceedings other than extradition proceedings), the requirements in section 94 are met, or
in the case of a child remanded under section 91(2) (extradition proceedings), the requirements in section 95 are met.
A court remanding a child to local authority accommodation may impose on the designated authority—
requirements for securing compliance with any conditions imposed on the child under subsection (1) or (2), or
requirements stipulating that the child must not be placed with a named person.
A court may only impose a condition under subsection (1) or (2), or a requirement under subsection (3), after consultation with the designated authority.
Where a child has been remanded to local authority accommodation, a relevant court—
may, on the application of the designated authority, impose on that child any conditions that could be imposed under subsection (1) or (2) if the court were then remanding the child to local authority accommodation, and
where it does so, may impose on the authority requirements for securing compliance with the conditions imposed under paragraph (a).
Where a child has been remanded to local authority accommodation, a relevant court may, on the application of the designated authority or that child, vary or revoke any conditions or requirements imposed under this section (including as previously varied under this subsection).
A court that imposes conditions on a child under this section or varies conditions so imposed—
must explain to the child in open court and in ordinary language why it is imposing or varying those conditions, and
if the court is a magistrates' court, must cause a reason given under paragraph (a) to be specified in the warrant of commitment and entered in the register.
In this section “relevant court”—
in relation to a child remanded to local authority accommodation by virtue of section 91(1) (proceedings other than extradition proceedings), means—
the court by which the child was so remanded, or
any magistrates' court that has jurisdiction in the place where the child is for the time being;
in relation to a child remanded to local authority accommodation by virtue of section 91(2) (extradition proceedings), means the court by which the child was so remanded.
References in this section to consultation are to such consultation (if any) as is reasonably practicable in all the circumstances of the case.
The requirements referred to in section 93(2)(a) (requirements for imposing electronic monitoring condition: non-extradition cases) are those set out in subsections (2) to (6).
The first requirement is that the child has reached the age of twelve.
The second requirement is that the offence mentioned in section 91(1), or one or more of those offences, is an imprisonable offence.
The third requirement is that—
the offence mentioned in section 91(1), or one or more of those offences, is a violent , sexual or terrorism offence or an offence punishable in the case of an adult with imprisonment for a term of 14 years or more, or
the offence or offences mentioned in section 91(1), together with any other imprisonable offences of which the child has been convicted in any proceedings, amount or would, if the child were convicted of that offence or those offences, amount to a recent history of committing imprisonable offences while on bail or subject to a custodial remand.
The fourth requirement is that the court is satisfied that the necessary provision for electronic monitoring can be made under arrangements currently available in each local justice area which is a relevant area.
The fifth requirement is that a youth offending team has informed the court that, in its opinion, the imposition of an electronic monitoring condition will be suitable in the child's case.
For the purposes of this section, a local justice area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.
In this Chapter—
an instrument made under an Act before the provision comes into force.
After section 16 insert—
Section 20 (regulations) is amended as follows. In subsection (1) omit the words from “and the regulations” to the end. After that subsection insert— In subsection (3)—
In the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 omit—
article 2(2) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of the repeal of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000), and
article 3(2)(a) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of section 61 of the Criminal Justice and Court Services Act 2000).
In section 43(1) of the Prison Act 1952 (power of Secretary of State to provide young offender institutions, secure training centres etc), at the end of paragraph (d) insert “and in which children who have been remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 may be detained”.
The Bail Act 1976 is amended as follows.
In section 22(11) of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of criminal proceedings: interpretation), in the definition of “custody” for the words from “to which” to “Act 1969” substitute “or youth detention accommodation to which a person is remanded under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
In section 1(10) of the Bail (Amendment) Act 1993 (prosecution right of appeal against grant of bail: application to children and young persons)—
for the words from “child” to “Act 1969)” substitute “person under the age of 18”, and
in paragraph (b) for the words from “section 23” to “accommodation)” substitute “Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail)”.
In section 5 of the Rehabilitation of Offenders Act 1974 (sentences excluded from rehabilitation under that Act), in subsection (1)(f), before “227” insert “226A, 226B,”.
In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands), in paragraph 9(2)(a), after “244,” insert “246A,”.
“life sentence” has the same meaning as in section 34 of the Crime (Sentences) Act 1997;
The property, rights, powers, duties and liabilities of the LSC are by virtue of this sub-paragraph transferred to the Lord Chancellor on the transfer day. Sub-paragraph (1) does not apply to— Anything done (or having effect as if done) before the transfer day— is to have effect, so far as is necessary for continuing its effect on and after that day, as if done by or in relation to the Lord Chancellor. Anything which is in the process of being done immediately before the transfer day— may be continued by or in relation to the Lord Chancellor. A reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of sub-paragraph (1) is to have effect, so far as is necessary for giving effect to that sub-paragraph, as a reference to the Lord Chancellor.
The Department of Justice in Northern Ireland may by regulations make consequential, supplementary, incidental or transitional provision in relation to this Schedule extending to Northern Ireland. The regulations may, in particular—
Section 36 of the Criminal Justice Act 1972 (reference of point of law following acquittal on indictment) is amended as follows. In subsection (5) omit “to his costs, that is to say”. Omit subsection (5A). After that subsection insert—
Section 27 of the Criminal Justice Act 1948 (remand of persons aged 17 to 20) is amended as follows.
The repeal by section 303(a) of the Criminal Justice Act 2003 of sections 33 to 51 of the Criminal Justice Act 1991 has effect in relation to any sentence of imprisonment which— and paragraph 14 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Savings Provisions) Order 2005 (S.I. 2005/950) is accordingly revoked.
is of less than 12 months (whether or not such a sentence is imposed to run concurrently or consecutively with another such sentence), and
is imposed in respect of an offence committed on or after 4 April 2005,
In the heading, for “17” substitute “18”.
In subsection (1) for “seventeen” substitute “eighteen”.
Section 3AA (conditions for the imposition of electronic monitoring requirements: children and young persons) is amended as follows. In subsection (3)(b), for “to local authority accommodation” substitute “subject to a custodial remand”. For subsection (11) substitute—
In section 7(6) (arrest for absconding or breaking conditions of bail: powers of justice), for the words from “section 23” to the end of the subsection substitute “section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail)”.
In Part 3 of Schedule 1 (supplementary provisions about persons entitled to bail: interpretation), in paragraph 3, for the words from “the care of” to the end of the paragraph substitute “accommodation pursuant to a remand under section 91(3) or (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation or youth detention accommodation).”
a district council for an area for which there is no county council;
References in this Chapter to a child being subject to a custodial remand are to the child being—
remanded to local authority accommodation or youth detention accommodation, or
subject to a form of custodial detention in a country or territory outside England and Wales while awaiting trial or sentence in that country or territory or during a trial in that country or territory.
The reference in subsection (9) to a child being remanded to local authority accommodation or youth detention accommodation includes—
a child being remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969, and
a child being remanded to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948.
The requirements referred to in section 93(2)(b) (requirements for imposing electronic monitoring condition: extradition cases) are those set out in subsections (2) to (6).
The first requirement is that the child has reached the age of twelve.
The second requirement is that the offence to which the extradition proceedings relate, or one or more of those offences, is an imprisonable offence.
The third requirement is that—
the conduct constituting the offence to which the extradition proceedings relate, or one or more of those offences, would, if committed in England and Wales, constitute a violent , sexual or terrorism offence or an offence punishable in the case of an adult with imprisonment for a term of 14 years or more, or
the offence or offences to which the extradition proceedings relate, together with any other imprisonable offences of which the child has been convicted, amount or would, if the child were convicted of that offence or those offences, amount to a recent history of committing imprisonable offences while on bail or subject to a custodial remand.
The fourth requirement is that the court is satisfied that the necessary provision for electronic monitoring can be made under arrangements currently available in each local justice area which is a relevant area.
The fifth requirement is that a youth offending team has informed the court that, in its opinion, the imposition of an electronic monitoring condition will be suitable in the child's case.
For the purposes of this section, a local justice area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.
Where a court imposes an electronic monitoring condition, the condition must include provision making a person responsible for the monitoring.
A person who is made responsible by virtue of subsection (1) must be of a description specified in an order made by the Secretary of State.
The Secretary of State may make rules for regulating—
the electronic monitoring of compliance with conditions imposed under section 93(1) or (5), and
in particular, the functions of persons made responsible by virtue of subsection (1) of this section.
Rules under this section may make different provision for different cases.
Any power of the Secretary of State to make an order or rules under this section is exercisable by statutory instrument.
A statutory instrument containing rules under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
A child may be arrested without warrant by a constable if—
the child has been remanded to local authority accommodation,
conditions under section 93 have been imposed in respect of the child, and
the constable has reasonable grounds for suspecting that the child has broken any of those conditions.
Subject to subsection (3), a child arrested under subsection (1) must be brought before a justice of the peace—
as soon as practicable, and
in any event within the period of 24 hours beginning with the child's arrest.
If the child was arrested during the period of 24 hours ending with the time appointed for the child to appear before the court in pursuance of the remand, the child must be brought before the court before which the child was to have appeared.
In reckoning a period of 24 hours for the purposes of subsection (2) or (3), no account is to be taken of Christmas Day, Good Friday or any Sunday.
If a justice of the peace before whom a child is brought under subsection (2) is of the opinion that the child has broken any condition imposed in respect of the child under section 93, the justice of the peace must remand the child.
Section 91 applies to a child in relation to whom subsection (5) applies as if—
except in a case within paragraph (b), the child was then charged with or convicted of the offence for which the child had been remanded, or
in the case of a child remanded in connection with extradition proceedings, the child was then appearing before the justice of the peace in connection with those proceedings.
If a justice of the peace before whom a child is brought under subsection (2) is not of the opinion mentioned in subsection (5), the justice of the peace must remand the child to the place to which the child had been remanded at the time of the child's arrest subject to the same conditions as those which had been imposed on the child at that time.
For the purposes of section 91(4)(a), the first set of conditions for a remand to youth detention accommodation is met in relation to a child if each of the following is met in relation to the child—
the age condition (see subsection (2)),
the offence condition (see subsection (3)),
the sentencing condition (see subsection (2A)),
the necessity condition (see subsection (4)), and
the first or second legal representation condition (see subsections (5) and (6)).
The age condition is that the child has reached the age of twelve.
The offence condition is that the offence mentioned in section 91(1), or one or more of those offences—
is a violent , sexual or terrorism offence, or
is an offence punishable in the case of an adult with imprisonment for a term of 14 years or more.
The sentencing condition is that it appears to the court that it is very likely that the child will be sentenced to a custodial sentence for the offence mentioned in section 91(1) or one or more of those offences.
The necessity condition is that the court is of the opinion, after considering all the options for the remand of the child, that only remanding the child to youth detention accommodation would be adequate— and that the risks posed by the child cannot be managed safely in the community.
to protect the public from death or serious personal injury (whether physical or psychological) occasioned by further offences committed by the child, or
to prevent the commission by the child of imprisonable offences ,
The first legal representation condition is that the child is legally represented before the court.
The second legal representation condition is that the child is not legally represented before the court and—
representation was provided to the child under Part 1 of this Act for the purposes of the proceedings, but was withdrawn—
because of the child's conduct, or
because it appeared that the child's financial resources were such that the child was not eligible for such representation,
the child applied for such representation and the application was refused because it appeared that the child's financial resources were such that the child was not eligible for such representation, or
having been informed of the right to apply for such representation and having had the opportunity to do so, the child refused or failed to apply.
For the purposes of section 91(4)(a), the second set of conditions for a remand to youth detention accommodation is met in relation to a child if each of the following is met in relation to the child—
the age condition (see subsection (2)),
the sentencing condition (see subsection (3)),
the offence condition (see subsection (4)),
the first or second history condition or both (see subsections (5) and (6)),
the necessity condition (see subsection (7)), and
the first or second legal representation condition (see subsections (8) and (9)).
The age condition is that the child has reached the age of twelve.
The sentencing condition is that it appears to the court that it is very likely that the child will be sentenced to a custodial sentence for the offence mentioned in section 91(1) or one or more of those offences.
The offence condition is that the offence mentioned in section 91(1), or one or more of those offences, is an imprisonable offence.
The first history condition is that—
the child has a recent and significant history of absconding while subject to a custodial remand , and it appears to the court that the history is relevant in all the circumstances of the case, and
the offence mentioned in section 91(1), or one or more of those offences, is alleged to be or has been found to have been committed while the child was remanded to local authority accommodation or youth detention accommodation.
The second history condition is that the offence or offences mentioned in section 91(1), together with any other imprisonable offences of which the child has been convicted in any proceedings, amount or would, if the child were convicted of that offence or those offences, amount to a recent and significant history of committing imprisonable offences while on bail or subject to a custodial remand , and this appears to the court relevant in all the circumstances of the case.
The necessity condition is that the court is of the opinion, after considering all the options for the remand of the child, that only remanding the child to youth detention accommodation would be adequate— and that the risks posed by the child cannot be managed safely in the community.
to protect the public from death or serious personal injury (whether physical or psychological) occasioned by further offences committed by the child, or
to prevent the commission by the child of imprisonable offences ,
The first legal representation condition is that the child is legally represented before the court.
The second legal representation condition is that the child is not legally represented before the court and—
representation was provided to the child under Part 1 of this Act for the purposes of the proceedings, but was withdrawn—
because of the child's conduct, or
because it appeared that the child's financial resources were such that the child was not eligible for such representation,
the child applied for such representation and the application was refused because it appeared that the child's financial resources were such that the child was not eligible for such representation, or
having been informed of the right to apply for such representation and having had the opportunity to do so, the child refused or failed to apply.
In this Chapter “custodial sentence” means a sentence or order mentioned in section 222(1) of the Sentencing Code.
The reference in subsection (5)(b) to a child being remanded to local authority accommodation or youth detention accommodation includes—
a child being remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969, and
a child being remanded to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948.
For the purposes of section 91(4)(b), the first set of conditions for a remand to youth detention accommodation in an extradition case is met in relation to a child if each of the following is met in relation to the child—
the age condition (see subsection (2)),
the offence condition (see subsection (3)),
the sentencing condition (see subsection (2A)),
the necessity condition (see subsection (4)), and
the first or second legal representation condition (see subsections (5) and (6)).
The age condition is that the child has reached the age of twelve.
The offence condition is that the conduct constituting the offence to which the extradition proceedings relate, or one or more of those offences, would, if committed in England and Wales, constitute—
a violent , sexual or terrorism offence, or
an offence punishable in the case of an adult with imprisonment for a term of 14 years or more.
The sentencing condition is that it appears to the court that, if the child were convicted in England and Wales of an offence equivalent to the offence to which the extradition proceedings relate or one or more of those offences, it is very likely that the child would be sentenced to a custodial sentence for that offence or those offences.
The necessity condition is that the court is of the opinion, after considering all the options for the remand of the child, that only remanding the child to youth detention accommodation would be adequate— and that the risks posed by the child cannot be managed safely in the community.
to protect the public from death or serious personal injury (whether physical or psychological) occasioned by further offences committed by the child, or
to prevent the commission by the child of imprisonable offences ,
The first legal representation condition is that the child is legally represented before the court.
The second legal representation condition is that the child is not legally represented before the court and—
representation was provided to the child under Part 1 of this Act for the purposes of the proceedings, but was withdrawn—
because of the child's conduct, or
because it appeared that the child's financial resources were such that the child was not eligible for such representation,
the child applied for such representation and the application was refused because it appeared that the child's financial resources were such that the child was not eligible for such representation, or
having been informed of the right to apply for such representation and having had the opportunity to do so, the child refused or failed to apply.
Before deciding whether to remand a child to youth detention accommodation in accordance with section 102 the court must consider the interests and welfare of the child.
For the purposes of section 91(4)(b), the second set of conditions for a remand to youth detention accommodation in an extradition case is met in relation to a child if each of the following is met in relation to the child—
the age condition (see subsection (2)),
the sentencing condition (see subsection (3)),
the offence condition (see subsection (4)),
the first or second history condition or both (see subsections (5) and (6)),
the necessity condition (see subsection (7)), and
the first or second legal representation condition (see subsections (8) and (9)).
The age condition is that the child has reached the age of twelve.
The sentencing condition is that it appears to the court that, if the child were convicted in England and Wales of an offence equivalent to the offence to which the extradition proceedings relate or one or more of those offences, it is very likely that the child would be sentenced to a custodial sentence for that offence or those offences.
The offence condition is that the offence to which the extradition proceedings relate, or one or more of those offences, is an imprisonable offence.
The first history condition is that—
the child has a recent and significant history of absconding while subject to a custodial remand, and it appears to the court that the history is relevant in all the circumstances of the case, and
the offence to which the extradition proceedings relate, or one or more of those offences, is alleged to be or has been found to have been committed while the child was subject to a custodial remand.
The second history condition is that the offence or offences to which the extradition proceedings relate, together with any other imprisonable offences of which the child has been convicted, amount or would, if the child were convicted of that offence or those offences, amount to a recent and significant history of committing imprisonable offences while on bail or subject to a custodial remand , and this appears to the court relevant in all the circumstances of the case.
The necessity condition is that the court is of the opinion, after considering all the options for the remand of the child, that only remanding the child to youth detention accommodation would be adequate— and that the risks posed by the child cannot be managed safely in the community.
to protect the public from death or serious personal injury (whether physical or psychological) occasioned by further offences committed by the child, or
to prevent the commission by the child of imprisonable offences ,
The first legal representation condition is that the child is legally represented before the court.
The second legal representation condition is that the child is not legally represented before the court and—
representation was provided to the child under Part 1 of this Act for the purposes of the proceedings, but was withdrawn—
because of the child's conduct, or
because it appeared that the child's financial resources were such that the child was not eligible for such representation,
the child applied for such representation and the application was refused because it appeared that the child's financial resources were such that the child was not eligible for such representation, or
having been informed of the right to apply for such representation and having had the opportunity to do so, the child refused or failed to apply.
A remand to youth detention accommodation is a remand to such accommodation of a kind listed in subsection (2) as the Secretary of State directs in the child's case.
Those kinds of accommodation are—
a secure children's home,
a secure training centre,
a secure college,
a young offender institution, and
accommodation, or accommodation of a description, for the time being specified by regulations under section 248(1)(f) of the Sentencing Code (youth detention accommodation for purposes of detention and training order provisions).
A child's detention in one of those kinds of accommodation pursuant to a remand to youth detention accommodation is lawful.
Where a court remands a child to youth detention accommodation, the court must—
state in open court that it is of the opinion mentioned in section 98(4), 99(7), 100(4) or 101(7) (as the case may be), and
state in open court that it has considered subsections (3) and (4A) of section 91,
explain to the child in open court and in ordinary language why it is of that opinion.
A magistrates' court must ensure a reason that it gives under subsection (4)(b)—
is specified in the warrant of commitment, and
is given in writing to—
the child,
any legal representative of the child, and
any youth offending team which appears to the court to have functions in relation to the child,
is entered in the register.
Where a court remands a child to youth detention accommodation, the court must designate a local authority as the designated authority for the child for the purposes of—
subsection (8),
regulations under section 103 (arrangements for remands), and
section 104 (looked after child status).
That authority must be—
in the case of a child who is being looked after by a local authority otherwise than by virtue of section 104(1), that authority, and
in any other case but subject to subsection (7B), a local authority in whose area it appears to the court that the child habitually resides or the offence or one of the offences was committed.
Before giving a direction under subsection (1), the Secretary of State must consult the designated authority.
In a case to which subsection (7)(b) applies, the court is to designate a local authority in whose area it appears to the court that the child habitually resides (a “home authority”) except where the court—
considers as respects the home authority, or each home authority, that it is inappropriate to designate that authority, or
is unable to identify any place in England and Wales where the child habitually resides.
A function of the Secretary of State under this section (other than the function of making regulations) is exercisable by the Youth Justice Board for England and Wales concurrently with the Secretary of State.
If in a case to which subsection (7)(b) applies— the court is to designate a local authority which it considers appropriate in the circumstances of the case.
the court is not required by subsection (7A) to designate a home authority, but
it appears to the court that the offence was not, or none of the offences was, committed in England and Wales,
The Secretary of State may by regulations provide that subsection (9) is not to apply, either generally or in relation to a particular description of case.
Where a child has been remanded to youth detention accommodation, the court— may designate a local authority (“B”) as the designated authority for the child in substitution for the authority previously designated (whether that previous designation was made when the child was remanded or under this subsection).
which remanded the child, or
to which the child was remanded,
In this Chapter “secure children’s home” means—
accommodation which is provided in a children’s home in England, within the meaning of the Care Standards Act 2000—
which provides accommodation for the purposes of restricting liberty, and
in respect of which a person is registered under Part 2 of that Act;
accommodation in Wales in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) to provide a secure accommodation service within the meaning of Part 1 of that Act.
Where a child has at any one time been subject to two or more remands to youth detention accommodation, a court which has jurisdiction to make a replacement designation under subsection (7C) in connection with one or some of the remands also has jurisdiction to make such a replacement designation in connection with each of the other remands.
Before the coming into force in relation to England of section 107(2) of the Health and Social Care (Community Health and Standards) Act 2003, subsection (11) has effect as if it defined “secure children's home” in relation to England as accommodation which—
is provided in a children's home, within the meaning of the Care Standards Act 2000, in respect of which a person is registered under Part 2 of that Act, and
is approved by the Secretary of State for the purpose of restricting the liberty of children.
Where a replacement designation is made under subsection (7C) after the end of the period of remand concerned, the substitution of B for the previously-designated authority has effect only for the purposes of regulations under section 103.
Where a replacement designation is made under subsection (7C) during the period of remand concerned, the substitution of B for the previously-designated authority—
has effect, as respects the part of that period ending with the making of the replacement designation, only for the purposes of regulations under section 103, and
has effect, as respects the remainder of that period, for all of the purposes listed in subsection (6).
A court may make a replacement designation under subsection (7C) only if it considers that, had everything it knows been known by the court which made the previous designation, that court would have designated B instead.
Where a replacement designation is made under subsection (7C) in relation to a remand, the previously-designated authority is to be repaid any sums it paid in respect of the remand pursuant to regulations under section 103.
A court which has jurisdiction to make a replacement direction under subsection (7C) may exercise that jurisdiction on an application by a local authority or of its own motion.
The Secretary of State may make arrangements for or in connection with the provision of accommodation of a kind listed in section 102(2) for children remanded to youth detention accommodation.
The Secretary of State may by regulations make provision about the recovery from the designated authority by a person mentioned in subsection (3) of the costs of—
a child being subject to a remand to youth detention accommodation;
the exercise of functions of the kind mentioned in— in relation to a child subject to such a remand.
section 80(1)(a) to (e) of the Criminal Justice Act 1991 (escort functions) read with section 92(3) of that Act, or
paragraph 1(1)(a) to (d) of Schedule 1 to the Criminal Justice and Public Order Act 1994 (escort functions),
Those persons are—
the Secretary of State;
a person other than the Secretary of State by whom the accommodation pursuant to the remand to youth detention accommodation is provided or the functions are exercised (as the case may be).
The Secretary of State may make payments to a local authority for the purpose of enabling the authority—
to exercise functions under section 92(4) (duty to receive and accommodate child remanded to local authority accommodation);
to make payments pursuant to regulations under this section.
A function of the Secretary of State under this section (other than the function of making regulations) is exercisable by the Youth Justice Board for England and Wales concurrently with the Secretary of State.
The power to make regulations under subsection (2) includes power to make provision about the recovery of costs by the Youth Justice Board for England and Wales.
The Secretary of State may by regulations provide that subsection (5), or provision made by virtue of subsection (6), is not to apply, either generally or in relation to a particular description of case.
A child who is remanded to youth detention accommodation is to be treated as a child who is looked after by the designated authority.
The Secretary of State may by regulations provide for any Act or instrument made under an Act that applies to a child looked after by a local authority to apply with modifications, or not to apply, in relation to a child who is to be treated as looked after by a designated authority by virtue of this Chapter.
In this section “Act” includes an Act or Measure of the National Assembly for Wales.
Schedule 12 (remands of children otherwise than on bail: minor and consequential amendments) has effect.
Regulations under this Chapter are to be made by statutory instrument.
Regulations under this Chapter may—
make different provision for different cases;
include supplementary, incidental, transitional, transitory or saving provision.
A statutory instrument containing regulations under this Chapter is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (4).
A statutory instrument containing regulations under section 102(10) or 103(7) (whether alone or with any other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this Chapter—
In this Chapter, references to the remand of a child, and related expressions, are to be construed in accordance with section 91(7) and (8).
In this Chapter, references to a remand to local authority accommodation, and related expressions, are to be construed in accordance with section 92(1).
In this Chapter, references to a child being subject to a custodial remand are to be construed in accordance with section 94(9).
In this Chapter, references to a remand to youth detention accommodation, and related expressions, are to be construed in accordance with section 102(1).
In this Chapter, references to a child who is looked after by a local authority are to be construed—
in relation to a local authority in England, in accordance with section 22 of the Children Act 1989;
in relation to a local authority in Wales, in accordance with section 74 of the Social Services and Well-being (Wales) Act 2014
Subsections (3) and (5) are subject to sections 94(10) and 99(11) (references to remand to local authority accommodation or youth detention accommodation to include such a remand under section 23 of the Children and Young Persons Act 1969 or a remand to prison).
Omit section 240 of the Criminal Justice Act 2003 (court to direct that remand time be credited towards time served).
Before section 240A of that Act insert—
Section 240A of the Criminal Justice Act 2003 (crediting periods of remand on bail: terms of imprisonment and detention) is amended as follows.
In subsection (2), for “subsection (4)” substitute “ subsections (3A) and (3B) ”.
For subsections (3) to (7) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
omit “or (5)”;
for paragraph (b) substitute—
Omit subsections (9) and (10).
In subsection (11)—
for “Subsections (7) to (10) of section 240” substitute “ Subsections (7) to (9) and (11) of section 240ZA ”;
in paragraph (b), for “in subsection (8) the reference to subsection (3) of section 240 is” substitute “ in subsection (9) the references to subsections (3) and (5) of section 240ZA are ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
before the definition of “electronic monitoring condition” insert—;
omit the definition of “related offence” and the “and” preceding it.
In the heading of the section, for “Crediting periods of remand on bail” substitute “ Time remanded on bail to count towards time served ”.
The Criminal Justice Act 2003 is amended as follows.
In section 237(1C) (meaning of “fixed-term prisoner”)—
for “section 240” substitute “ section 240ZA ”;
after “Armed Forces Act 2006)” insert “ or section 240A ”.
Section 241 (effect of direction under section 240 or 240A) is amended as follows.
In subsection (1)—
for “to whom a direction under section 240 or 240A relates” substitute “ to whom section 240ZA applies or a direction under section 240A relates ”;
for “specified in the direction” substitute “ specified in section 240ZA or in the direction under section 240A ”.
In subsection (1A), for “a direction under section 240 or 240A includes a direction under” substitute “ section 240ZA includes ”.
In the heading, for “direction under section 240 or 240A” substitute “ section 240ZA or direction under section 240A ”.
In section 242 (interpretation of sections 240 to 241), in subsections (1) and (2) and in the heading, for “sections 240” substitute “ sections 240ZA ”.
For section 243(2) (persons extradited to the United Kingdom) substitute—
In section 246 (power to release prisoners early)—
in subsection (4)(i), for “to whom a direction under section 240 or 240A relates” substitute “ to whom section 240ZA applies or a direction under section 240A relates ”;
in subsection (4A)(b), for “a direction under section 240 includes a direction under” substitute “ section 240ZA includes ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (3)(b), for the words from “any direction which it would have given” to “certain types of condition)” substitute “section 240ZA (crediting periods of remand in custody) or of any direction which it would have given under section 240A (crediting periods of remand on certain types of bail)”;
after that subsection insert—
In section 305(1A) (modification of reference to want of sufficient distress), inserted by paragraph 155 of Schedule 13 to the Tribunals, Courts and Enforcement Act 2007, for “In the definition of “sentence of imprisonment” in subsection (1) the reference” substitute “ In this Part any reference ”.
In section 330(5) (rules to be subject to affirmative resolution)—
after paragraph (b) insert “ or ”, and
omit paragraph (d) and the “or” preceding it.
Schedule 13 (crediting of time in custody) has effect.
In consequence of the amendments made by this section, in the Criminal Justice and Immigration Act 2008 omit—
section 21(2), (5) and (7);
section 22(2) and (3);
section 23 and Schedule 6.
After section 243 of the Criminal Justice Act 2003 insert—
Schedule 14 (amendments consequential on subsection (1)) has effect.
In section 246 of the Criminal Justice Act 2003 (power to release prisoners on licence), subsection (4) is amended as follows.
After paragraph (a) insert—.
In paragraph (g)—
for “during the currency of the sentence” substitute “ at any time ”, and
at the end insert “ (and the revocation has not been cancelled under section 255(3)) ”.
Omit the “or” at the end of paragraph (h) and after that paragraph insert—.
After subsection (4) of that section insert—
“ “term of imprisonment” includes a determinate sentence of detention under section 91 or 96 of the Sentencing Act or under section 227 or 228 of this Act.”
After section 254(2) of the Criminal Justice Act 2003 (representations by person recalled) insert—
In section 255(3) of that Act (cancellation of revocation under section 255), for “subsection (2)(b)” substitute “ subsection (2)(a) ”.
For sections 255A to 255D of the Criminal Justice Act 2003 (further release after recall) substitute—
After section 244(1) of that Act (duty to release certain prisoners on licence at half-way point) insert—
In the heading of section 253 of that Act (curfew conditions) after “section 246” insert “ , 255B or 255C ”.
In section 256(1) of that Act (review by the Board), for “section 255B(4), 255C(4) or 255D(1)” substitute “ section 255B(4) or 255C(4) ”.
In consequence of the amendments made by this section, omit section 29(2) and (3) of the Criminal Justice and Immigration Act 2008.
After section 256A of the Criminal Justice Act 2003 insert—
The Criminal Justice Act 2003 is amended as follows.
Omit section 248(2) (Secretary of State to consult Board before releasing extended sentence prisoner on compassionate grounds).
In section 256(1) (review by the Board)—
for “recommend” substitute “ direct ”;
for “recommendation” substitute “ direction ”.
In section 256A (further review)—
in subsection (4)(a), for “recommending” substitute “ directing ”;
in subsection (4)(c), for “recommendation” substitute “ direction ”;
in subsection (5), for “recommendation” (in both places) substitute “ direction ”.
In section 260(5) (duties and powers remaining exercisable in relation to persons removed from prison), after “244” insert “ , 247 ”.
In section 261(5) (re-entry to UK of offender removed early: re-release), after “sentence expiry date,” insert— .
In section 261(6) (re-entry to UK of offender removed early: definitions), in the definition of “requisite custodial period”, after the words “requisite custodial period” insert— .
In section 263(2)(b) (concurrent terms: authority to release), for “section 244” substitute “ section 246 ”.
In section 263(2)(c) (concurrent terms: licence period), for the words “for so long, and subject to such conditions, as is” substitute— .
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release on licence) is amended as follows.
In section 237(1)(b) (“fixed-term prisoner” includes those serving sentence of detention)—
after “91” insert “ or 96 ”;
before “228” insert “ 227 or ”.
At the end of that section insert—
In section 244(3)(a) (duty to release prisoners: requisite custodial period), after “91” insert “ or 96 ”.
In section 250(4) (licence conditions)—
after “91” insert “ or 96 ”;
before “228” insert “ 227 or ”.
In section 258 (early release of fine defaulters and contemnors), after subsection (3) insert—
In section 263(4) (concurrent terms)—
after “91” insert “ or 96 ”;
before “228” insert “ 227 or ”.
In section 264(7) (consecutive terms)—
after “91” insert “ or 96 ”;
before “228” insert “ 227 or ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after “91” insert “or 96”;
before “228” insert “227 or”.
In Part 2 of the Crime (Sentences) Act 1997 (life sentences: release on licence)—
in section 31A(5) (termination of licences), in the definition of “preventive sentence”, after “a sentence of imprisonment” insert “ or detention in a young offender institution ”;
in section 34(2)(d) (interpretation), after “a sentence of imprisonment” insert “ or detention in a young offender institution ”.
In the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), article 3(7), (10), (11), (12), (13), (14), (15) and (17)(a) and (b) (transitory provision replaced by this section) are revoked.
This section repeals certain provisions which have not been commenced.
Omit section 266 of the Criminal Justice Act 2003 (which amends section 64 of the Criminal Justice and Court Services Act 2000 in relation to drug testing requirements).
Omit section 34 of the Police and Justice Act 2006 (which makes amendments of Part 12 of the Criminal Justice Act 2003 relating to imprisonment for bail offences).
Omit the following provisions of the Criminal Justice and Immigration Act 2008 (which relate to the early release of persons with a settled intention of residing permanently outside the UK)—
section 33(2), (4), (7) and (8) (amendments of the Criminal Justice Act 1991);
section 34(2), (4)(b), (7) and (10) (amendments of the Criminal Justice Act 2003).
In Schedule 8 to the Crime and Disorder Act 1998 (minor and consequential amendments) omit—
paragraph 86 (amendments of section 41 of the Criminal Justice Act 1991);
paragraph 90 (amendment of section 47 of that Act).
After section 32 of the Crime (Sentences) Act 1997 insert—
Schedule 15 (application of sections 108 to 119 and transitional and transitory provision) has effect.
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (“the 2003 Act”) is to apply to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed).
Section 258 of the 2003 Act (release of fine defaulters and contemnors) is to apply to any person who was, before 4 April 2005, committed to prison or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000—
in default of payment of a sum adjudged to be paid by a conviction, or
for contempt of court or any kindred offence.
In accordance with subsections (1) and (2)—
the repeal of Part 2 of the Criminal Justice Act 1991 which is made by section 303(a) of the 2003 Act has effect in relation to any person mentioned in those subsections;
paragraphs 15 to 18, 19(a), (c) and (d), 20, 22 to 28 and 30 to 34 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008 (S.I. 2005/950) (which relate to the coming into force of provisions of Chapter 6 of Part 12 of the 2003 Act) are revoked.
Section 86 of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of periods in custody and on licence in the case of certain sexual offences) is repealed.
Schedule 16 (transitional and other provision consequential on this section) has effect.
Schedule 17 (amendments to the 2003 Act restating the effect of certain transitional and other provision relating to the release and recall of prisoners) has effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 19 (life sentence for second listed offence: consequential and transitory provision) has effect.
In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous offenders) omit—
section 225(3) to (4) (imprisonment for public protection for serious offences),
section 226(3) to (4) (detention for public protection for serious offences),
section 227 (extended sentence for certain violent or sexual offences: persons 18 or over), and
section 228 (extended sentence for certain violent or sexual offences: persons under 18).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and recall) is amended as follows.
In section 244(1) (duty to release prisoners on licence) (as amended by Schedule 14 to this Act) after “243A” insert “ , 246A ”.
After section 246 insert—
Schedule 20 (release of new extended sentence prisoners: consequential amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003) has effect.
Schedule 21 (abolition of certain sentences for dangerous offenders and new extended sentences: consequential and transitory provision) has effect.
Schedule 22 (dangerous offenders subject to service law etc) has effect.
The Secretary of State may by order provide that, following a referral by the Secretary of State of the case of a discretionary release prisoner, the Parole Board—
must direct the prisoner's release if it is satisfied that conditions specified in the order are met, or
must do so unless it is satisfied that conditions specified in the order are met.
“Discretionary release prisoner” means—
an IPP prisoner,
an extended sentence prisoner,
a person , other than a terrorist prisoner, eligible for discretionary release to whom paragraph 4, 15, 24 or 27 of Schedule 20B to the Criminal Justice Act 2003 (determinate sentence prisoners subject to transitional provisions) applies.
a prisoner whose case has been referred to the Parole Board under section 244ZB of the Criminal Justice Act 2003 (power to refer to Parole Board in place of automatic release),
a section 236A prisoner,
a terrorist prisoner, eligible for discretionary release or
An order under this section may—
amend section 28 of the Crime (Sentences) Act 1997 (duty to release IPP prisoners and others),
amend section 246A of the Criminal Justice Act 2003 (release on licence of extended sentence prisoners),
amend section 28ZA of the Crime (Sentences) Act 1997 (public protection decisions), as that section applies for the purposes of section 28 or 32 of that Act,
amend paragraph 6, 15, 25 or 28 of Schedule 20B to the Criminal Justice Act 2003 (release on licence of determinate sentence prisoners subject to transitional provisions),
amend section 32 of the Crime (Sentences) Act 1997 (recall of IPP prisoners and others while on licence and further release),
make provision in relation to any person whose case is disposed of by the Parole Board on or after the day on which the regulations come into force (even if the Secretary of State referred that person's case to the Board before that day),
amend section 237A of the Criminal Justice Act 2003 (public protection decisions), as that section applies for the purposes of a provision of that Act mentioned in any of paragraphs (aaa) to (c) below,
make different provision in relation to each of the categories of discretionary release prisoner mentioned in subsection (2), and
amend section 244ZC of the Criminal Justice Act 2003 (proceedings following reference under section 244ZB of that Act),
include consequential provision.
amend section 244A of the Criminal Justice Act 2003 (release on licence of section 236A prisoners),
amend section 247A of the Criminal Justice Act 2003 (restricted eligibility for release on licence of terrorist prisoners);
An order under this section is to be made by statutory instrument.
A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
“violent offence” has the meaning given by section 94(8);
The Crime and Disorder Act 1998 is amended as follows.
The Rehabilitation of Offenders Act 1974 is amended as follows.
In section 38(4)(d) (definition of “youth justice services”: placements pursuant to remands to local authority accommodation), for the words from “or committed” to “1969 Act”)” substitute “to such accommodation under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “England and Wales”.
In section 41(5) (functions of the Youth Justice Board for England and Wales) omit—
paragraph (i)(iii) (agreements for the provision of accommodation for detention under section 23(4)(c) of the Children and Young Persons Act 1969 as modified by section 98 of the Crime and Disorder Act 1998), and
paragraph (k) (assistance to local authorities in discharging duty under section 61 of the Criminal Justice Act 1991).
In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “England and Wales”.
In section 57A(3) (use of live link for accused’s attendance at preliminary or sentencing hearing: interpretation), in paragraph (a) of the definition of “custody”, for the words from “to which” to “Act 1969” substitute “or youth detention accommodation to which a person is remanded under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
Omit section 3 (special provision with respect to certain disposals by children’s hearings under the Social Work (Scotland) Act 1968).
Omit sections 97 and 98.
In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “England and Wales”.
Section 7 (limitations on rehabilitation under the Act) is amended as follows. In subsection (2)(a) for “Great Britain” substitute “England and Wales”. In subsection (3) for “Great Britain” substitute “England and Wales”.
Omit section 8(8) (defamation actions: application of section to Scotland).
In section 8A(2)(d) (definition of “caution”) after “Wales” insert “and which is not an alternative to prosecution (within the meaning of section 8AA)”.
Section 9 (unauthorised disclosure of spent convictions) is amended as follows. In subsection (3) omit “(or, in Scotland, the accused person)”. In subsection (8) omit “, in England and Wales,”.
After section 10(1) (orders) insert—
Omit Schedule 1 (service disciplinary convictions referred to in section 6(6)(bb) of that Act).
In section 47 of the Prison Act 1952 (power of Secretary of State to make rules for the regulation and management of prisons etc), in subsection (1) omit “employment,”.
After that subsection insert—
In that section, after subsection (5) insert—
After that section insert—
In section 66(4) of the Criminal Justice Act 1967 (procedure applying to rules under section 47 of the Prison Act 1952), for “of the said Act of 1952” substitute “ or section 47A of the Prison Act 1952 ”.
In section 127(6) of the Criminal Justice and Public Order Act 1994 (inducements to prison officers to contravene prison rules: meaning of “prison rules”), after “section 47” insert “ or 47A ”.
In section 4 of the Prisoners' Earnings Act 1996 (interpretation)—
omit subsection (2) (application of the Act to England and Wales), and
in subsection (3) (application of the Act to Scotland), for “In the application of this Act to Scotland” substitute “ In this Act ”.
In section 5 of that Act (short title, commencement and extent), for subsection (3) substitute—
In section 45(2) of the National Minimum Wage Act 1998 (exclusion for prisoners doing work in pursuance of prison rules: interpretation), in paragraph (a) of the definition of “prison rules”, after “section 47” insert “ or 47A ”.
Before the coming into force of section 59 of the Criminal Justice and Court Services Act 2000 (abolition of power to provide remand centres), section 47(1A) of the Prison Act 1952 has effect as if it referred also to persons required to be detained in remand centres.
Before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution, custody for life etc)—
section 47(1A) of the Prison Act 1952 has effect as if the references to persons required to be detained in young offender institutions were to persons aged under 18 required to be so detained, and
section 47A of that Act has effect as if—
“prison” included a young offender institution, and
“prisoner” included a person aged 18 or over who is required to be detained in a young offender institution.
The Secretary of State may make such payments to such persons as the Secretary of State considers appropriate in connection with measures that appear to the Secretary of State to be intended to—
rehabilitate offenders,
prevent re-offending, or
limit the impact of crime.
In making payments under subsection (12), the Secretary of State must have regard to the sums that have been made available to, or received by, the Secretary of State by virtue of rules under section 47A of the Prison Act 1952 (reductions, deductions and levies in respect of payments to prisoners etc.).
In the Repatriation of Prisoners Act 1984, after section 3 insert—
In the Repatriation of Prisoners Act 1984, after section 6 insert—
In section 9 of the Repatriation of Prisoners Act 1984 (short title, commencement and extent)—
at the beginning of subsection (3) insert “ Subject to subsection (3A), ”, and
after that subsection insert—
Schedule 23 (penalty notices for disorderly behaviour) has effect.
The Criminal Justice Act 2003 is amended as follows.
In section 22(3A) (conditions that may be attached to a conditional caution) for “by a relevant prosecutor” substitute “ in the condition ”.
In section 23(2) (relevant prosecutor must decide there is sufficient evidence to prosecute and that a conditional caution should be given) after “a relevant prosecutor” insert “ or the authorised person ”.
In section 23A(5) (relevant prosecutor must specify amount of financial penalty and how it is to be paid etc) for “a relevant prosecutor must also” substitute “ the condition must ”.
In section 23B (variation of conditions by relevant prosecutor) after “A relevant prosecutor” insert “ or an authorised person ”.
In section 25 (code of practice) in subsection (2)(ga) (Secretary of State's code of practice may include provision about what a relevant prosecutor may provide under section 23A(5)(b)) for “by a relevant prosecutor” substitute “ in a condition ”.
In section 22 of the Criminal Justice Act 2003 (conditional cautions)—
in subsection (3) (both as originally enacted and as substituted by section 17 of the Police and Justice Act 2006) (conditions attached to conditional cautions to have certain objects) for “ such a caution ” substitute “any conditional caution”, and
after subsection (3C) insert—
Omit sections 65 (reprimands and warning) and 66 (effect of reprimands and warnings) of the Crime and Disorder Act 1998.
Before section 66A of that Act insert—
Schedule 24 (youth cautions: consequential amendments) has effect.
The amendments made by this section and that Schedule do not apply in relation to an offence committed before they come into force.
A reprimand or warning of a person under section 65 of the Crime and Disorder Act 1998, or any caution treated as such by virtue of paragraph 5 of Schedule 9 to that Act, is to be treated for the purposes of any enactment or instrument (whenever passed or made) as a youth caution given to that person under section 66ZA(1) of that Act.
A referral of a person to a youth offending team under section 66(1) of the Crime and Disorder Act 1998 is to be treated for the purposes of section 66ZB of that Act as a referral under that section.
A rehabilitation programme provided under section 66 of the Crime and Disorder Act 1998 is to be treated for the purposes of any enactment or instrument (whenever passed or made) as provided under section 66ZB of that Act.
In section 66A(1) of the Crime and Disorder Act 1998 (requirements to be met before youth conditional caution may be given) omit paragraph (a) and the “and” at the end of that paragraph (requirement of no previous convictions).
In section 66A of the Crime and Disorder Act 1998 (youth conditional cautions) after subsection (6) insert—
The Crime and Disorder Act 1998 is amended as follows.
In section 66A(4) (conditions that may be attached to a youth conditional caution) for “by a relevant prosecutor” substitute “ in the condition ”.
In section 66B(2) (relevant prosecutor must decide that there is sufficient evidence to prosecute and that a conditional caution should be given) after “a relevant prosecutor” insert “ or the authorised person ”.
In section 66C(5) (relevant prosecutor must specify amount of financial penalty and how it must be paid etc) for “a relevant prosecutor must also” substitute “ the condition must ”.
In section 66D (variation of conditions by relevant prosecutor) after “A relevant prosecutor” insert “ or an authorised person ”.
In section 66G (code of practice) in subsection (2)(h) (Secretary of State's code of practice may include provision about what a relevant prosecutor may provide under section 66C(5)(b)) for “by a relevant prosecutor” substitute “ in a condition ”.
The Rehabilitation of Offenders Act 1974 is amended as follows.
In section 5(1)(b) and (d) (sentences excluded from rehabilitation) for “thirty months” substitute “ forty eight months ”.
In the opening words of section 5(1A) (references to provisions of the Armed Forces Act 2006) for “subsection (1)(d)” substitute “ this section ”.
For section 5(2) to (11) (rehabilitation periods) substitute—
In section 6 (subsequent convictions to extend the rehabilitation period applicable to a conviction)—
in subsection (5) (exception to rule for certain orders imposing disqualifications etc) for “in accordance with section 5(8) above” substitute “ by virtue of paragraph (g) of the definition of “relevant order” in section 5(8) above ”, and
omit subsection (6) (other exceptions to the rule).
After section 8A (protection afforded to spent cautions) insert—
In paragraph 1 of Schedule 2 (protection for spent cautions)—
in sub-paragraph (1)(a) (when conditional cautions to be regarded as spent cautions) for “, at the end of the relevant period for the caution;” substitute— , and
omit sub-paragraphs (2) and (3) (meaning of “the relevant period for the caution”).
Before section 57 of the UK Borders Act 2007 (and after the italic cross-heading before that section) insert—
Section 139 applies in relation to convictions or (as the case may be) cautions before the commencement date (as well as in relation to convictions or cautions on or after that date).
The Rehabilitation of Offenders Act 1974 (“the 1974 Act”) applies in relation to convictions or cautions before the commencement date as if the amendments and repeals made by section 139 had always had effect.
Where by virtue of subsection (2)— the person or conviction concerned is (subject to any order made by virtue of section 4(4) or 7(4) of that Act) to be so treated on and after that date.
a person would, before the commencement date, have been treated for the purposes of the 1974 Act as a rehabilitated person in respect of a conviction, or
a conviction would, before that date, have been treated for the purposes of that Act as spent,
Where by virtue of subsection (2)— the person or caution concerned is (subject to any order made by virtue of paragraph 4 or 6(1) and (4) of that Schedule to that Act) to be so treated on and after that date.
a person would, before the commencement date, have been treated as mentioned in paragraph 3(1) of Schedule 2 to the 1974 Act in respect of a caution, or
a caution would, before that date, have been treated for the purposes of that Act as spent,
But— is to cease to be so treated merely because of section 139.
no person who, immediately before the commencement date—
is treated as a rehabilitated person for the purposes of the 1974 Act in respect of a conviction, or
is treated as mentioned in paragraph 3(1) of Schedule 2 to that Act in respect of a caution, and
no conviction or caution which, immediately before the commencement date, is treated for the purposes of that Act as spent,
Section 139 does not apply in relation to alternatives to prosecution given before the commencement date.
Section 140 applies in relation to convictions before the commencement date (as well as in relation to convictions on or after that date).
Section 140 applies as mentioned in subsection (7) above whether or not, immediately before the commencement date—
the person concerned is treated as a rehabilitated person for the purposes of the 1974 Act in respect of the conviction, or
the conviction is treated for the purposes of that Act as spent.
But section 140 does not affect—
any proceedings begun, but not completed, before the commencement date,
any applications for immigration or nationality decisions made, but not finally determined, before the commencement date, or
the validity of any proceedings, or any relevant immigration or nationality decision (within the meaning of section 56A of the UK Borders Act 2007) which is made, before the commencement date.
Schedule 25 (consequential provision) has effect.
Any reference in this section to section 139 is to be read as including a reference to Schedule 25.
In this section “the commencement date” means such day as may be specified by order of the Secretary of State made by statutory instrument; and different days may be specified for different purposes.
In the Prevention of Crime Act 1953, after section 1 (prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse) insert—
In the Criminal Justice Act 1988 after section 139A (offence of having article with blade or point or offensive weapon on school premises) insert—
Schedule 26 (knives and offensive weapons: minor and consequential amendments) has effect.
The Road Traffic Act 1988 is amended as follows.
After section 1 insert—
In section 2A (meaning of dangerous driving) in subsections (1) and (2) after “sections 1” insert “ , 1A ”.
Section 1A inserted by subsection (2) has effect only in relation to driving occurring after that subsection comes into force.
RTA section 1A Causing serious injury by dangerous driving. (a) Summarily. (a) 12 months or the statutory maximum or both. Obligatory. Obligatory. 3-11.” (b) On indictment. (b) 5 years or a fine or both.
In the entry inserted by subsection (5), in relation to an offence committed before 2 May 2022 “the general limit in a magistrates’ court” is to be read as “6 months (in England and Wales) or 12 months (in Scotland)”.
Schedule 27 (causing serious injury by dangerous driving: minor and consequential amendments) has effect.
A person commits an offence if—
the person is in a residential building as a trespasser having entered it as a trespasser,
the person knows or ought to know that he or she is a trespasser, and
the person is living in the building or intends to live there for any period.
The offence is not committed by a person holding over after the end of a lease or licence (even if the person leaves and re-enters the building).
For the purposes of this section—
“building” includes any structure or part of a structure (including a temporary or moveable structure), and
a building is “residential” if it is designed or adapted, before the time of entry, for use as a place to live.
For the purposes of this section the fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser.
A person convicted of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 5 on the standard scale (or both).
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months.
For the purposes of subsection (1)(a) it is irrelevant whether the person entered the building as a trespasser before or after the commencement of this section.
In section 17 of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc)—
in subsection (1)(c), after sub-paragraph (v) insert—;
in subsection (3), for “or (iv)” substitute “ , (iv) or (vi) ”.
In Schedule 10 to the Criminal Justice and Public Order Act 1994 (consequential amendments), omit paragraph 53(b).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Scrap Metal Dealers Act 1964 is amended as follows.
For the following words (which have effect as references to a fine not exceeding level 3 on the standard scale) substitute in each case “a fine not exceeding level 5 on the standard scale”—
in section 1(7) (dealer failing to register) the words from “a fine” to the end;
in section 2(6) (dealer failing to record dealings) the words from “a fine” to the end;
in section 3(4) (itinerant collector failing to keep receipts) the words from “a fine” to the end;
in section 4(4) (convicted dealer failing to meet additional requirements) the same words before “and the court”.
For the following words (which have effect as references to a fine not exceeding level 1 on the standard scale) substitute in each case “a fine not exceeding level 3 on the standard scale”—
in section 1(8) (dealer failing to give notice of cessation of business) the words from “a fine” to the end;
in section 5(1) (dealer acquiring metal from a person under 16) the same words before the proviso;
in section 5(2) (selling metal to a dealer under a false name or address) the words from “a fine” to the end;
in section 6(5) (obstructing entry and inspection) the words from “a fine” to the end.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Scrap Metal Dealers Act 1964 is amended as follows.
After section 3 insert—
Section 2 (records of dealings) is amended as follows.
After subsection (2)(d) insert—.
In subsection (2)(e) for “the last preceding paragraph” substitute “paragraph (d)”.
After subsection (4) insert—
In subsection (5), after “this section and” insert “the book and anything required by subsection (4A)(a) to be kept with it”.
Section 3 (special provisions as to records in certain cases) is amended as follows.
In subsection (5)(d), for “subsection (4)” substitute “subsections (4) and (4D)(a)”.
In subsection (6)(a)—
after “books” insert “, and the obligation imposed by subsection (4A)(a) of that section to keep anything with a book,”;
after “the like particulars” insert “, and to keeping the same things,”;
for “and (3)” substitute “, (3) and (4A) to (4D)”.
In subsection (6)(c), for “subsection (4)” substitute “subsections (4) and (4D)(a)”.
In section 4(1) (power for court to impose additional requirements on convicted dealers)—
omit “or” at the end of paragraph (a), and
after that paragraph insert—.
Section 6 (rights of entry and inspection) is amended as follows.
After subsection (3) insert—
In subsection (4) for “the last preceding subsection” substitute “subsection (3) or (3A)”.
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Before the end of 5 years beginning with the day on which section 146(2) comes into force, the Secretary of State must—
carry out a review of the offence created by that subsection, and
publish a report of the conclusions of the review.
The report must in particular—
set out the objectives intended to be achieved by creating the offence,
assess the extent to which those objectives have been achieved, and
assess whether it is appropriate to retain the offence to achieve those objectives.
Section 76 of the Criminal Justice and Immigration Act 2008 (reasonable force for the purposes of self-defence etc) is amended as follows.
In subsection (2) after paragraph (a) omit “and” and insert—.
After subsection (6) insert—
In subsection (8) for “Subsection (7) is” substitute “ Subsections (6A) and (7) are ”.
In subsection (10)(a) after sub-paragraph (i) omit “or” and insert—.
Paragraph 27 of Schedule 27 to the Criminal Justice and Immigration Act 2008 (which provides for section 76 of that Act to apply whenever the alleged offence took place, but not in relation to certain proceedings if they began, or the arraignment took place, before that section comes into force) applies to any amendment made by this section to section 76 of that Act as it applies to that section, but as if references to the date on which that section comes into force were references to the date on which the amendment comes into force.
The Lord Chancellor or the Secretary of State may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in relation to any provision of this Act.
The regulations may, in particular amend, repeal, revoke or otherwise modify legislation.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (5).
A statutory instrument containing regulations under this section that amend or repeal an Act (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
The services described in sub-paragraph (1) do not include services provided in relation to— Sub-paragraph (3) does not exclude services provided in relation to determinations and declarations by a court under the Mental Capacity Act 2005 as to the validity, meaning, effect or applicability of—
Advocacy in proceedings in the Supreme Court.
Regulations under section 24 may authorise a court to make motor vehicle orders in respect of an individual for the purpose of enabling a relevant overdue amount required to be paid by the individual to be recovered by the person to whom the amount is due. Regulations that make such provision are referred to in this Schedule as “MVO regulations”. In this Schedule “court” means the High Court, a county court or a magistrates’ court.
MVO regulations must provide that, before a court makes a clamping order in respect of an individual, it must be satisfied— In this paragraph “the estimated recoverable amount” means the aggregate of—
MVO regulations must provide that, where a motor vehicle has been clamped under a clamping order, no vehicle sale order may be made in respect of the motor vehicle before the end of a prescribed period.
The relevant authority may make an information request to— An information request may be made under this paragraph only for the purposes of facilitating a determination about an individual’s financial resources for the purposes of — An information request made to the Secretary of State or a relevant Northern Ireland Department under this paragraph may request the disclosure of some or all of the following information— An information request made to the Commissioners under this paragraph may request the disclosure of some or all of the following information— The information that may be prescribed under sub-paragraphs (3)(f) and (4)(h) includes, in particular, information relating to— Information may not be prescribed under sub-paragraph (4)(h) without the Commissioners’ consent. The Secretary of State, the relevant Northern Ireland Departments and the Commissioners may disclose to the relevant authority information specified in an information request made under this paragraph. In this paragraph—
In this Schedule “prescribed” means prescribed by regulations made by the Department of Justice in Northern Ireland. The powers under this Schedule to make regulations are exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). Regulations under this Schedule are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954, subject to sub-paragraph (4). The following regulations may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly— Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment (as defined in that Act). Subsections (1) to (3) of section 41 of this Act apply in relation to regulations made under paragraph 1 or 2 of this Schedule as they apply in relation to regulations made by the Lord Chancellor under this Part.
Omit section 49(4A) of the Prison Act 1952 (persons unlawfully at large).
Omit section 131(2A) of the Magistrates’ Courts Act 1980 (remand of accused already in custody).
Omit section 1(1A) of the Prisoners (Return to Custody) Act 1995 (remaining at large after temporary release).
In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of disqualification where custodial sentence also imposed), omit subsection (4)(c) and (d).
Section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal where bail is granted) is amended as follows. After subsection (1A) insert— In subsection (2) for “Subsection (1) above applies” substitute “Subsections (1) and (1B) above apply”. In subsections (3), (4) and (8) for “or (1A)” substitute “, (1A) or (1B)”. In subsection (10)(a)—
In Schedule 4 to the Access to Justice Act 1999 (amendments consequential on Part 1), omit paragraphs 4, 6 and 7.
Schedule 7 to the Criminal Justice and Court Services Act 2000 (minor and consequential amendments) is amended as follows. In paragraph 4(2), in the entry for the Children and Young Persons Act 1969, omit the words from “section 23(4)” to “15 and 16 year old boys)),”. Omit paragraph 39.
In the Extradition Act 2003, omit section 201.
In the Violent Crime Reduction Act 2006, omit section 61.
In Schedule 1 to the Offender Management Act 2007 (Consequential Amendments) Order 2008 (amendments of Acts), omit paragraph 13(6).
In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed), in subsection (6)—
omit “a direction under”;
in paragraph (a), for “section 240” substitute “section 240ZA”;
in paragraph (b), before “section 240A” insert “a direction under”.
In Schedule 12 to the Criminal Justice Act 1991, omit paragraphs 8 to 13 (transitional provisions relating to the coming into force of Part 2 of that Act).
In section 131 of the Sexual Offences Act 2003 (young offenders: application), in paragraph (l), before “228” insert “226B or”.
In section 45(1)(a) of the Counter-Terrorism Act 2008 (sentences or orders triggering notification requirements under Part 4 of that Act), after sub-paragraph (vi) (but before the “or” at the end of that sub-paragraph), insert—.
The Criminal Justice and Court Services Act 2000 is amended as follows.
The Armed Forces Act 2006 is amended as follows.
The Police and Criminal Evidence Act 1984 is amended as follows.
The Crime and Disorder Act 1998 is amended as follows.
The Armed Forces Act 2006 is amended as follows.
The Road Traffic Offenders Act 1988 is amended as follows.
Advocacy in proceedings in the Court of Appeal.
In section 62 (release on licence etc: conditions as to monitoring), in subsection (5)(f), after “221” insert “, 221A”.
Section 188 (consecutive custodial sentences) is amended as follows. In subsection (2), in paragraph (c)— In subsection (4), in paragraph (c)—
In section 34(5)(b) (requirement to release without bail unless proceedings may be taken or person may be reprimanded or warned), for the words from “reprimanded” to “65” substitute “given a youth caution under section 66ZA”.
In section 38(4) (meaning of “youth justice services”)—
for paragraph (aa) substitute—, and
in paragraph (b) for “66(2)” substitute “66ZB(2) or (3)”.
After section 227 (firearms offences) insert—
In section 23(1A) (alternative verdicts in Scotland) after paragraph (a) insert—.
Advocacy in proceedings in the High Court.
In section 64 (release on licence etc: drug testing requirements), in subsection (5)(f), after “221” insert “, 221A”.
In section 209 (offenders aged under 18 convicted of certain serious offences: power to detain for specified period), in subsection (7)—
for “section 226(2)” substitute “sections 224A and 226(2)”, and
for “section 221(2)” substitute “sections 218A and 221(2)”.
In section 37B(9)(b) (consultation with Director of Public Prosecutions: meaning of “caution”), for “warning or reprimand under section 65” substitute “youth caution under section 66ZA”.
In section 66H (interpretation)—
in paragraph (a) (definition of “appropriate adult”) for “65(7)” substitute “66ZA(7)”, and
after paragraph (e) insert—.
In section 237(3) (duty to have regard to purposes of sentencing etc) after paragraph (b) insert ;
Section 24 (alternative verdicts: general) is amended as follows. In subsection (A2) after paragraph (a) insert—. Section 1A (causing serious injury by dangerous driving) Section 2 (dangerous driving) Section 3 (careless, and inconsiderate, driving)
Advocacy in proceedings in the Court of Protection to the extent that they concern—
a person’s right to life,
a person’s liberty or physical safety,
a person’s medical treatment (within the meaning of the Mental Health Act 1983),
a person’s capacity to marry, to enter into a civil partnership or to enter into sexual relations, or
a person’s right to family life.
In section 211 (offenders aged under 18: detention and training orders), in subsection (4)—
after “218,” insert “218A,”, and
for “222” substitute “221A”.
Section 61 (fingerprinting) is amended as follows. In subsection (6) (power to fingerprint without consent in case of conviction etc for recordable offence)— In subsection (6ZA)(a) (conditions for application of subsection (6)), for “, cautioned or warned or reprimanded” substitute “or cautioned”.
In section 121(6) (provisions extending to Scotland) omit paragraph (c).
In section 239 (reduction in sentences for guilty pleas) at the end insert—
In section 34(4) (disqualification for certain offences) after paragraph (a)(ii) and the “or” after it insert—.
Advocacy in proceedings in a county court.
In section 221(3) (dangerous offenders aged under 18), after “as applied” insert “by”.
Section 63 (non-intimate samples) is amended as follows. In subsection (3B) (power to take non-intimate sample without consent in case of conviction etc for recordable offence)— In subsection (3BA)(a) (conditions for application of subsection (3B)), for “, cautioned or warned or reprimanded” substitute “or cautioned”.
In section 260(1)(b) (discretionary custodial sentences: general restrictions) for “227” substitute “227A”.
In section 36(2)(b) (disqualification until test is passed) after “(causing death by dangerous driving)” insert “, section 1A (causing serious injury by dangerous driving)”.
Advocacy in the following proceedings in the Crown Court—
proceedings for the variation or discharge of an order under section 5 or 5A of the Protection from Harassment Act 1997, and
proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule.
In section 223 (the “required opinion” for the purposes of sections 219 to 222), in subsection (1)—
for “220(1)” substitute “219A(1)”, and
for “222(1)” substitute “221A(1)”.
In section 64ZC(6)(a) (destruction of data relating to a person subject to a control order: persons to be treated as having been convicted of an offence)—
for “or” at the end of sub-paragraph (i) substitute “and”, and
omit sub-paragraph (ii) and the “and” at the end of that sub-paragraph.
In section 261(3) (length of discretionary custodial sentences: general provision) for “and 227” substitute “, 227 and 227A”.
In section 45(6) (effect of endorsement of counterparts) (until its repeal by the Road Safety Act 2006 comes into force)—
after “section 1” insert “, 1A”;
after “causing death by dangerous driving” insert “, causing serious injury by dangerous driving”.
Advocacy in a magistrates’ court that falls within the description of civil legal services in any of paragraphs 1, 11 to 13 and 15 to 18 of Part 1 of this Schedule.
In the heading of that section for “222” substitute “221A”.
In section 64ZI(3) (persons to be treated as having been convicted of an offence for the purposes of sections 64ZB and 64ZD to 64ZH) omit paragraph (b) and the “or” preceding that paragraph.
In section 273(6)(b) (review of unduly lenient sentence by Court Martial Appeal Court) for “or 227” substitute “, 227 or 227A”.
In section 45A(4) (effect of endorsement of driving records) as substituted by the Road Safety Act 2006—
after “section 1” insert “, 1A”;
after “causing death by dangerous driving” insert “, causing serious injury by dangerous driving”.
Advocacy in the following proceedings in a magistrates’ court—
proceedings under section 47 of the National Assistance Act 1948,
proceedings in relation to—
bail under Schedule 2 to the Immigration Act 1971, or
arrest under Schedule 2 or 3 to that Act,
proceedings for the variation or discharge of an order under section 5 or 5A of the Protection from Harassment Act 1997, and
proceedings under the Proceeds of Crime Act 2002 in relation to matters listed in paragraph 40 of Part 1 of this Schedule.
For section 224 (place of detention under certain sentences) substitute—
Schedule 2A (fingerprinting and samples: power to require attendance at police station) is amended as follows. In paragraph 3 (attendance for fingerprinting: persons convicted etc of an offence in England and Wales)— In paragraph 11 (attendance for taking of non-intimate sample: persons convicted etc of an offence in England and Wales)—
Paragraph 12 of Schedule 2 (“Schedule 2 offences”) is amended as follows. After sub-paragraph (r) insert—. In sub-paragraph (ai)—
RTA section 1A Causing serious injury by dangerous driving. Sections 11 and 12(1) of this Act.
Section 228 (appeals where previous convictions set aside) is amended as follows. For subsection (1) substitute— In subsection (2)— After subsection (3) insert— In subsection (4), for “Subsection (3) has” substitute “Subsections (3) and (3B) have”.
In section 237 (duty to have regard to the purposes of sentencing etc), in subsection (3)(b)—
after “sections” insert “218A,”, and
before “225(2)” insert “224A,”.
In section 246 (crediting of time in service custody: terms of imprisonment and detention), in subsection (6)(b)—
before “228” insert “226B or”, and
before “222” insert “221A or”.
Section 256 (pre-sentence reports) is amended as follows. In subsection (1)(c)— After subsection (9) insert—
Section 260 (discretionary custodial sentences: general restrictions) is amended as follows. In subsection (1)(b)— After subsection (4) insert—
Section 261 (length of discretionary custodial sentences: general provision) is amended as follows. In subsection (1)— In subsection (3), for “220, 222” substitute “219A, 221A”.
In section 273 (review of unduly lenient sentence by Court Martial Appeal Court), in subsection (6)(b)—
before “225(2)” insert “224A,”, and
before “219(2)” insert “218A,”.
a sentence of detention under section 226B of that Act passed as a result of section 221A of this Act;
“Act” includes an Act or Measure of the National Assembly for Wales;
There is to be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown by virtue of this Act, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
The provisions of this Act come into force on such day as the Lord Chancellor or the Secretary of State may appoint by order, subject to subsections (2) and (3).
The following provisions come into force on the day on which this Act is passed—
section 77,
section 119, and
this Part.
This section does not apply to section 76 (but see section 77).
An order under this section is to be made by statutory instrument.
An order under this section may—
appoint different days for different purposes, and
make transitional, transitory or saving provision.
An order under this section bringing into force section 133, 134, 136, 137 or 138 may appoint different days for different areas.
Parts 1 to 3 of this Act extend to England and Wales only, subject to subsections (2) to (8).
Sections 130 and 131(1) extend to England and Wales and Scotland.
The following provisions extend to England and Wales and Northern Ireland—
section 22,
section 33,
section 40 and Schedule 6, and
sections 41 to 43.
Section 77 extends to England and Wales, Scotland and Northern Ireland, subject to subsection (11).
In Chapter 8 of Part 3—
section 139 extends to England and Wales only,
sections 140 and 141 extend to England and Wales, Scotland and Northern Ireland,
paragraphs 1 to 11 of Schedule 25 extend to England and Wales only,
paragraphs 12 to 17 of that Schedule extend to Scotland only, and
Part 2 of that Schedule extends to England and Wales only.
An amendment, repeal or revocation made by this Act has the same extent as the relevant part of the Act or instrument amended, repealed or revoked (ignoring extent by virtue of an Order in Council), subject to subsections (2), (5), (7) and (8).
Subsection (6) applies to section 148(1) to (5) only so far as the provisions amended extend to England and Wales or apply in relation to service offences.
Subsection (6) does not apply to paragraphs 15 and 18 of Schedule 7, which extend to England and Wales only.
The following have the same extent as the amendments, modifications, enactments, instruments or provisions to which they relate—
section 68(7),
section 80(10) and (11),
section 135(4), (5) and (7),
section 148(6),
Part 4 of Schedule 7 and Part 3 of Schedule 8, and
Schedule 15.
Sections 149, 150, 151, this section and section 154 extend to England and Wales, Scotland and Northern Ireland.
But, in so far as sections 77, 149 and 151 confer power to make provision modifying or otherwise relating to a provision of, or made under or applied by, the Armed Forces Act 2006, they have the same extent as that Act (ignoring extent by virtue of an Order in Council).
The power conferred by section 9(4) of the Repatriation of Prisoners Act 1984 (power to extend to Channel Islands, Isle of Man and British overseas territories) is exercisable in relation to any amendment of that Act that is made by or under this Act.
The powers conferred by sections 177, 178 and 222 of the Extradition Act 2003 (powers to apply provisions to extradition to or from British overseas territories and to extend to Channel Islands and Isle of Man) are exercisable in relation to any amendment of that Act that is made by or under this Act.
The power conferred by section 338 of the Criminal Justice Act 2003 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.
In section 384 of the Armed Forces Act 2006 (extent to Channel Islands, Isle of Man and British overseas territories) references to that Act include that Act as amended by or under this Act.
This Act may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Section 9
“legislation”, in relation to regulations made in relation to a provision of this Act, means—
Civil legal services provided in relation to— Civil legal services provided in relation to an order under an enactment made— Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule. In this paragraph “children” means persons under the age of 18.
Civil legal services provided in relation to community care services. Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. In this paragraph—
Civil legal services provided in relation to the inherent jurisdiction of the High Court in relation to children and vulnerable adults. Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. In this paragraph—
Civil legal services provided to an adult (“A”) in relation to a matter arising out of a family relationship between A and another individual (“B”) where—
Civil legal services provided to a child in relation to family proceedings—
Civil legal services provided in relation to an application under the following for the recognition or enforcement in England and Wales of a maintenance order— Civil legal services provided in relation to an application under Article 56 of the EU Maintenance Regulation (applications relating to maintenance decisions). Civil legal services provided to an individual in relation to proceedings in England and Wales relating to the recognition, enforceability or enforcement of a maintenance decision in circumstances in which the individual falls within Article 47(2) or (3) of the EU Maintenance Regulation (parties who benefited from free legal aid etc in Member State of origin). Sub-paragraphs (1) to (3) are subject to— In this paragraph—
Civil legal services provided in relation to abuse by a public authority of its position or powers.
Civil legal services provided in relation to proceedings before the Special Immigration Appeals Commission. Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Civil legal services provided in relation to restrictions imposed under— Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Civil legal services provided in relation to rights to enter, and to remain in, the United Kingdom arising from— Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. The services described in sub-paragraph (1) do not include attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on a claim in respect of the rights mentioned in that sub-paragraph, except where regulations provide otherwise. In this paragraph—
Civil legal services provided to an individual in relation to— Civil legal services provided to an individual in relation to a bankruptcy order against the individual under Part 9 of the Insolvency Act 1986 where— including services provided in relation to a statutory demand under that Part of that Act.
Civil legal services provided to an individual in relation to— Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Civil legal services provided in relation to a sexual offence, but only where—
Civil legal services provided in relation to injunctions in respect of nuisance arising from prescribed types of pollution of the environment. Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Civil legal services provided to an individual in relation to a TPIM notice relating to the individual. Civil legal services provided to an individual in relation to control order proceedings relating to the individual.
An individual who is an employee of the Legal Services Commission (“the LSC”) immediately before the transfer day becomes employed in the civil service of the State on that day. The terms and conditions of the individual’s contract of employment immediately before the transfer day have effect, on and after that day, as if they were terms and conditions of the individual’s employment in the civil service of the State, subject to paragraph 4(1) and (2). All of the rights, powers, duties and liabilities of the LSC in connection with the individual’s employment are transferred to the Crown on the transfer day, subject to paragraph 4(1) and (2). Anything done (or having effect as if done) before the transfer day— is to have effect, so far as necessary for continuing its effect on and after that day, as if done by or in relation to the Crown. Anything which is in the process of being done immediately before the transfer day— may be continued by or in relation to the Crown. A reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of sub-paragraphs (1) to (3) is to have effect, so far as is necessary for giving effect to those sub-paragraphs, as a reference to the Crown.
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) omit “The Legal Services Commission.”
In section 11 of the Child Abduction and Custody Act 1985 (cost of applications for child custody or access), for paragraph (a) (but not the “or” following it) substitute—.
The Criminal Justice Act 1987 is amended as follows.
Section 31B of the Courts and Legal Services Act 1990 (advocates and litigators employed by Legal Services Commission) is amended as follows. In the heading of the section for “Legal Services Commission” substitute “Lord Chancellor”. In subsection (1) for paragraph (b) substitute—
In section 37(9) of the Criminal Procedure and Investigations Act 1996 (matters to which reporting restrictions do not apply) for paragraph (g) substitute—
In section 71(8) of the Criminal Justice Act 2003 (matters to which reporting restrictions do not apply) for paragraph (g) substitute—
In section 194(6) of the Legal Services Act 2007 (payments in respect of pro bono representation) for paragraph (b) substitute—
In section 23(1)(d) (general power to disclose information) omit “the Legal Services Commission,”.
The Prosecution of Offences Act 1985 is amended as follows.
Section 17 (prosecution costs) is amended as follows. In subsection (1) for “subsection (2)” substitute “subsections (2) and (2A)”. After subsection (2) insert— Omit subsections (3) and (4).
Section 21 (interpretation) is amended as follows. In subsection (4) after “16” insert “, 16A”. In subsection (4A)(a) after “16” insert “, 16A”.
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
In Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from jury service) in paragraph 6(d), before “227” insert “226A, 226B,”.
Section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence imposed as well as driving disqualification) is amended as follows. In subsection (4)(e)— In subsection (4)(f)— In subsection (8), omit “or 247(2)”. In subsection (9), omit paragraph (b).
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
The Criminal Justice Act 2003 is amended as follows.
Section 126 of the Coroners and Justice Act 2009 (determination of tariffs etc) is amended as follows. In subsection (1)— In subsection (2)— In subsection (4), for the words from “has” to the end substitute “means a sentence mentioned in subsection (2) of section 34 of the Crime (Sentences) Act 1997 other than a sentence mentioned in paragraph (d) or (e) of that subsection”.
In Schedule 6 to the Counter-Terrorism Act 2008 (notification requirements: application to service offences), in paragraph 5(1)(a), after sub-paragraph (vi) (but before the “or” at the end of that sub-paragraph) insert—.
The Rehabilitation of Offenders Act 1974 is amended as follows.
In section 20D(6) of the Jobseekers Act 1995 (meaning of “cautioned” for the purposes of section 20C) omit paragraph (b) and the “or” preceding that paragraph.
In section 56 of the Criminal Justice and Court Services Act 2000 (young offenders: reprimands and warnings) omit subsection (1).
In section 75(6) of the Childcare Act 2006 (disqualification from registration: interpretation) omit the definition of “caution”.
In Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (fingerprints and samples), in paragraph 10(1)(a) (circumstances when an individual is to be treated as having been convicted of an offence)—
at the end of sub-paragraph (ii) insert “or”, and
omit sub-paragraph (iv) and the “or” preceding that sub-paragraph.
In section 4(1) (notices of transfer to Crown Court) for “paragraph 2 of Schedule 3 to the Access to Justice Act 1999” substitute “regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
In section 12 (absolute and conditional discharge), in subsection (1), before “225(2)” insert “224A,”.
In section 3A (committal for sentence of dangerous adult offenders), in subsection (2), for “225(3) or 227(2)” substitute “226A”.
In section 153 (length of discretionary custodial sentences: general provision), in subsection (2), for “227(2) and 228(2)” substitute “226A(4) and 226B(2)”.
In section 8A(2) (meaning of “caution”)—
omit paragraph (c), and
in paragraph (d)—
omit “, reprimand or warning”, and
for “paragraphs (a) to (c)” substitute “paragraph (a) or (b)”.
In section 11(12) (matters to which reporting restrictions do not apply) for paragraph (h) substitute—
In section 130 (compensation orders against convicted persons), in subsection (2), before “225(2)” insert “224A,”.
In section 3C (committal for sentence of dangerous young offenders), in subsection (2), for “226(3) or 228(2)” substitute “226B”.
Section 156 (pre-sentence reports and other requirements) is amended as follows. In subsection (3)(a), for “section 227(1)(b) or section 228(1)(b)(i)” substitute “section 226A(1)(b) or section 226B(1)(b)”. After subsection (9) (inserted by paragraph 13 of Schedule 19) insert—
In Schedule 2 (protection for spent cautions) in paragraph 2(1)(e) (meaning of “ancillary circumstances”: things done in connection with a rehabilitation programme)—
for “warning under section 65” substitute “youth caution given under section 66ZA”, and
for “66(2)” substitute “66ZB(2) or (3)”.
In section 146 (driving disqualification for any offence), in subsection (2), before “225(2)” insert “224A,”.
In section 76 (meaning of “custodial sentence”), in subsection (1)(bc), after “section” insert “226B or”.
In the heading of section 225 (life sentence or imprisonment for public protection for serious offences) omit “or imprisonment for public protection”.
In section 164 (interpretation), in subsection (3)(c), after “section” insert “224A,”.
Section 82A (determination of tariffs of life prisoners) is amended as follows. Omit subsection (4A). In subsection (7), for the definition of “life sentence” substitute—
In the heading of section 226 (detention for life or detention for public protection for serious offences by those aged under 18) omit “or detention for public protection”.
Section 99 (conversion of sentence of detention to sentence of imprisonment) is amended as follows. In subsection (3), omit the words from “; and” to the end. After that subsection insert— In subsection (5)(c), after “section” insert “226B or”.
In section 231 (appeals where convictions set aside), in subsection (1)—
in paragraph (a), after “225(3)” insert “, 226A”,
in paragraph (b)—
before “227(2A)” insert “226A(2) or”, and
before “227(2B)” insert “226A(3) or”, and
in paragraph (c), after “may be)” insert “226A(2) or”.
In section 100 (offenders under 18: detention and training orders), in subsection (1), for “228” substitute “226B”.
Omit section 232 (certificates of convictions for the purposes of sections 225 and 227).
Section 106A (interaction of detention and training orders with sentences of detention) is amended as follows. In subsection (1), in paragraph (b) of the definition of “sentence of detention”, after “section” insert “226B or”. In subsection (6)—
In section 235 (detention under sections 226 and 228) after “226” insert “, 226B”.
Section 147A (extension of driving disqualification where custodial sentence also imposed) is amended as follows. In subsection (4)(e)— In subsection (4)(f)— In subsection (8), omit “or 247(2)”. In subsection (9), omit paragraph (b).
In the heading of that section after “226” insert “, 226B”.
In section 327 (arrangements for assessing etc risks posed by certain offenders: interpretation), in subsection (3)(b)(vi), after “section” insert “226B or”.
In section 330 (orders and rules), in subsection (5)(a), omit—
“227(6),”, and
“228(7)”.
Omit Schedule 15A (offences specified for the purposes of sections 225(3A) and 227(2A)).
Civil legal services provided in relation to— Civil legal services provided in relation to an order under an enactment made— Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of this Schedule. In this paragraph “children” means persons under the age of 18.
Sub-paragraph (1) is subject to—
Civil legal services provided in relation to— Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Civil legal services provided in relation to matters arising under—
“violent offence” means murder or an offence specified in Part 1 of Schedule 18 to the Sentencing Code;
Advocacy in proceedings in the Special Immigration Appeals Commission.
A transfer under paragraph 1 does not break the continuity of the individual’s employment and accordingly—
the individual is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (redundancy) as having been dismissed by reason of that transfer, and
the individual’s period of employment with the LSC counts as a period of employment in the civil service of the State for the purposes of that Act.
In section 1(3)(c) of the Attachment of Earnings Act 1971 (cases in which magistrates’ court may make attachment of earnings order) for the words from “paid by” to the end substitute “paid under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
The Senior Courts Act 1981 is amended as follows.
Part 3 of the Administration of Justice Act 1985 (legal aid) is amended as follows.
In section 119(7)(a) of the Communications Act 2003 (charges to recover costs of assistance in proceedings)—
for “section 10(7) of the Access to Justice Act 1999 (c.22)” substitute “section 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”, and
for “Legal Services Commission” substitute “Lord Chancellor”.
In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004 (authorities within remit of Commissioner for Victims and Witnesses) omit paragraph 21 (Legal Services Commission).
In paragraph 19(2) of Schedule 1 to the Criminal Justice and Immigration Act 2008 (preconditions to imposing local authority residence requirement or fostering requirement) for paragraph (a) (but not the “or” following it) substitute—.
In section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines: duty of court) after paragraph (d) insert—.
The Armed Forces Act 2006 is amended as follows.
In section 2(3) of the Prevention of Crime Act 1953 (extent) for “shall not extend to Northern Ireland” substitute “extends to England and Wales only”.
The Criminal Justice Act 1988 is amended as follows.
Section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines: duty of court) is amended as follows. After paragraph (e) insert—. After paragraph (f) insert—.
Advocacy in proceedings in the Proscribed Organisations Appeal Commission.
In section 28(4) (appeals from Crown Court and inferior courts) for “an order under section 17 of the Access to Justice Act 1999” substitute “a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
In section 40(1) (legal aid complaints) for the words from “funded by” to “Criminal Defence Service” substitute “under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
After section 218 and the italic heading “Required or discretionary sentences for particular offences” insert—
Section 36(2)(b) (reviews of sentencing) is amended as follows. Before sub-paragraph (i) insert—. After sub-paragraph (i) insert—.
Advocacy in legal proceedings before any person to whom a case is referred (in whole or in part) in any proceedings within any other paragraph of this Part of this Schedule.
In section 29(6) (mandatory, prohibiting and quashing orders) for “orders under section 17 of the Access to Justice Act 1999” substitute “requirements to make payments under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
In section 41(2) (reduction of fees payable where legal aid complaint made)—
for “Legal Services Commission” substitute “Lord Chancellor”, and
for “by him as part of the Community Legal Service or Criminal Defence Service” substitute “by the barrister under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
Section 219 (dangerous offenders aged 18 or over) is amended as follows. For subsection (2) substitute— In subsection (3), omit “and (3A)”.
Section 139B (power of entry to search for articles with a blade or point and offensive weapons) is amended as follows. In subsection (1) after “139A” insert “or 139AA”. In subsection (4)—
Advocacy in bail proceedings before any court which are related to proceedings within any other paragraph of this Part of this Schedule.
Section 42 (exclusion of barristers from legal aid work) is amended as follows. In subsections (1) and (3) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “criminal legal aid work”. At the end insert—
In the heading of that section for “Dangerous” substitute “Life sentence for certain dangerous”.
section 139; section 139A; section 139B;
Advocacy in proceedings before any person for the enforcement of a decision in proceedings within any other paragraph of this Part of this Schedule.
In section 43(3) (reduction of costs payable where legal aid complaint made)—
for “Legal Services Commission” substitute “Lord Chancellor”, and
for “as part of the Community Legal Service or Criminal Defence Service” substitute “under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
After that section insert—
In paragraph 20(1) of Schedule 2 (powers of Tribunal in respect of legal aid complaints) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “criminal legal aid work (as defined in that section)”.
Omit section 220 (certain violent or sexual offenders aged 18 or over).
In section 221 (dangerous offenders aged under 18) for subsection (2) substitute—
In the heading of that section for “Dangerous” substitute “Life sentence for certain dangerous”.
After that section insert—
Omit section 222 (offenders aged under 18: certain violent or sexual offences).
Civil legal services provided in relation to an appeal on a point of law to the Upper Tribunal, the Court of Appeal or the Supreme Court relating to a benefit, allowance, payment, credit or pension under— Sub-paragraph (1) is subject to— In this paragraph “social security enactment” means—
Civil legal services provided in relation to home rights, occupation orders and non-molestation orders under Part 4 of the Family Law Act 1996. Civil legal services provided in relation to the following in circumstances arising out of a family relationship—
The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence. The services described in sub-paragraph (1) do not include services provided in relation to a matter arising under a family enactment.
In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (1)(a), before “227” insert “226A or”.
In section 51A of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons), in subsection (3)(d), for “226(3) or 228(2)” substitute “226B”.
In section 18A(4) of the Counter-Terrorism Act 2008 (persons to be treated as having been convicted of an offence for the purposes of section 18(3B) and (3C)), omit paragraph (b) and the “or” preceding that paragraph.
Mediation provided in relation to family disputes. Civil legal services provided in connection with the mediation of family disputes.
Civil legal services provided in relation to—
Civil legal services provided in relation to a writ of habeas corpus ad subjiciendum. Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Civil legal services provided in relation to a claim for damages in respect of clinical negligence which caused a neurological injury to an individual (“V”) as a result of which V is severely disabled, but only where the first and second conditions are met. The first condition is that the clinical negligence occurred— The second condition is that— Sub-paragraph (1) is subject to— In this paragraph—
Civil legal services provided in relation to temporary admission to the United Kingdom under— Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Civil legal services provided to an individual (“V”) in relation to a residence card application where V— Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. The services described in sub-paragraph (1) do not include attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on an application. In this paragraph—
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— 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— 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—
Civil legal services provided to an individual in relation to the removal or reduction of a serious risk of harm to the health or safety of the individual or a relevant member of the individual’s family where—
Civil legal services provided in relation to injunctions under Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related violence). Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Civil legal services provided to an individual in relation to an inquest under the Coroners Act 1988 into the death of a member of the individual’s family. Sub-paragraph (1) is subject to— For the purposes of this paragraph an individual is a member of another individual’s family if—
Civil legal services provided in relation to proceedings in circumstances in which the services are required to be provided under Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes. Sub-paragraph (1) is not subject to the exclusions in Parts 2 and 3 of this Schedule.
The LSC’s interests in land are by virtue of this sub-paragraph transferred to the Secretary of State for Communities and Local Government on the transfer day. Anything done (or having effect as if done) before the transfer day— is to have effect, so far as is necessary for continuing its effect on and after that day, as if done by or in relation to the Secretary of State for Communities and Local Government. Anything which is in the process of being done immediately before the transfer day— may be continued by or in relation to the Secretary of State for Communities and Local Government. A reference to the LSC in a document, including an enactment, constituting or relating to anything transferred by virtue of sub-paragraph (1) is to have effect, so far as is necessary for giving effect to that sub-paragraph, as a reference to the Secretary of State for Communities and Local Government. In this paragraph—
A certificate issued by the Lord Chancellor stating that anything specified in the certificate has vested in a person specified in the certificate by virtue of any of paragraphs 1, 6 and 7 or a scheme under paragraph 4 is conclusive evidence of that fact for all purposes.
In this Schedule— The Lord Chancellor may by regulations amend or otherwise modify the definition of “the transfer day” in sub-paragraph (1).
section 62B(3) section 135B(3)
The Children and Young Persons Act 1969 is amended as follows.
In section 17(1)(ca) of the Police and Criminal Evidence Act 1984 (powers of entry and search of premises for purpose of arresting child or young person remanded to local authority accommodation), for the words from “or committed” to “that Act” substitute “to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
In section 4(2) of the Criminal Defence Service Act 2006 (provisions to which certain consequential amendments apply), omit paragraphs (a) and (b).
In Schedule 1 to the Children and Young Persons Act 2008 (children looked after by local authorities: supplementary and consequential provision), omit paragraph 8.
In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands), in paragraphs 8(2)(a) and 9(2)(a), after “sections 241,” insert “243A,”.
The Criminal Justice Act 2003 is amended as follows.
In section 1(8A) of the Police and Criminal Evidence Act 1984 (power of constable to stop and search persons, vehicles etc) after “139” insert “or 139AA”.
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (application of duty to give notice to foreign authorities of driving disqualification of a non-UK resident) after sub-paragraph (a) insert—.
Omit section 23 (remands and committals to local authority accommodation).
Section 244 (duty to release prisoners on licence) is amended as follows. In subsection (1)— In subsection (3)—
In section 12(1) (absolute and conditional discharge) for “section 51A(2) of the Firearms Act 1968” substitute “section 1A(5) of the Prevention of Crime Act 1953, section 51A(2) of the Firearms Act 1968, section 139AA(7) of the Criminal Justice Act 1988”.
Omit section 23AA (electronic monitoring of conditions of remand).
In section 246(6) (power to release prisoners early: definitions), in the definition of “the requisite custodial period”, after “has the meaning given by” insert “paragraph (a) or (b) of section 243A(3) or (as the case may be)”.
In section 100 (offenders under 18: detention and training orders) after subsection (1) insert—
Omit section 23A (liability to arrest for breaking conditions of remand).
Section 249 (duration of licence) is amended as follows. In subsection (1), after “a fixed-term prisoner” insert “, other than one to whom section 243A applies,”. After subsection (1) insert— In subsection (3)—
In section 130(2) (compensation orders against convicted persons) for “section 51A(2) of the Firearms Act 1968” substitute “section 1A(5) of the Prevention of Crime Act 1953, section 51A(2) of the Firearms Act 1968, section 139AA(7) of the Criminal Justice Act 1988”.
Section 23B (report by local authority in certain cases where person remanded on bail) is amended as follows. In subsection (2), at the end insert “under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.” In subsection (3), for “section 23(2) of this Act” substitute “section 92(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”. In subsection (6)— In subsection (7), in the definition of “serious offence”, after “means” insert “(subject to subsection (8))”. After subsection (7) insert—
In section 250(4) (licence conditions) omit “for a term of twelve months or more” and “such” in the first place it appears.
In section 146(2) (driving disqualification for any offence) for “section 51A(2) of the Firearms Act 1968” substitute “section 1A(5) of the Prevention of Crime Act 1953, section 51A(2) of the Firearms Act 1968, section 139AA(7) of the Criminal Justice Act 1988”.
Section 32 (detention of absentees) is amended as follows. In subsection (1A)— In subsection (1B), for the “or” at the end of paragraph (b) substitute—. In subsection (1C), for paragraph (d) and the “or” preceding that paragraph substitute—
In section 253(3) (period for which curfew condition to remain in force), after “fall to be released” insert “unconditionally under section 243A or”.
Section 164(3) (further interpretative provisions) is amended as follows. After paragraph (a) insert—. After paragraph (b) insert—.
In section 34(1) (transitional modifications of Part 1 for persons of specified ages)—
in paragraph (c) omit “, 23(1)”, and
omit paragraph (e).
In section 260 (early removal of prisoners liable to removal from UK)—
in subsection (5), after “section” in the second place it appears insert “243A,”;
in subsection (7), after “has the meaning given by” insert “paragraph (a) or (b) of section 243A(3) or (as the case may be)”.
In section 69 (orders and regulations etc) omit subsection (4A).
Section 261 (re-entry to UK of offender removed early) is amended as follows. In subsection (5), for “section 244” substitute “section 243A or 244 (as the case may be)”. In subsection (6)—
In section 263(2) (concurrent terms)—
after paragraph (a) insert—;
in paragraph (b), after “each of the others” insert “to which that section applies”;
in paragraph (c), after “release under this Chapter” insert “(unless that release is unconditional)”.
In section 264 (consecutive terms)—
in subsection (2), omit “on licence”;
in subsection (3), for “any of the terms of imprisonment is a term of twelve months or more” substitute “the aggregate length of the terms of imprisonment is 12 months or more”;
after subsection (3) insert—;
omit subsections (4) and (5);
in subsection (6)(a)(ii)—
for “a term of twelve months or more” substitute “any other sentence”;
for “the term” substitute “the sentence”;
in subsection (7), omit “of 12 months or more”.
In section 267 (alteration by order of proportion of sentence), after “any reference in” insert “section 243A(3)(a),”.
The heading of Chapter 6 of Part 12 becomes “Release, licences and recall”.
(1) Civil legal services provided in relation to special guardianship orders as defined in section 14A of the Children Act 1989. Exclusions Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Civil legal services provided in relation to— Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Civil legal services provided in relation to— Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. In this paragraph “barred list” means a list maintained under—
Civil legal services provided in relation to grants under Part 1 of the Housing Grants, Construction and Regeneration Act 1996 for the provision of facilities for disabled persons. Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. In this paragraph “disabled person” has the meaning given in section 100 of the Housing Grants, Construction and Regeneration Act 1996.
Civil legal services provided to an individual in relation to the following orders and requirements where the individual is seeking to prevent the unlawful removal of a related child from the United Kingdom or to secure the return of a related child who has been unlawfully removed from the United Kingdom— 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—
Civil legal services provided to an adult (“A”) in relation to the following orders and procedures where the child who is or would be the subject of the order is at risk of abuse from an individual other than A— Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. In this paragraph—
Civil legal services provided in relation to forced marriage protection orders under Part 4A of the Family Law Act 1996. Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Civil legal services provided in relation to judicial review of an enactment, decision, act or omission.
Civil legal services provided in relation to— in respect of an act or omission by a public authority that involves a significant breach of Convention rights by the authority. Sub-paragraph (1) is subject to— The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence. In this paragraph—
Civil legal services provided in relation to— Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Civil legal services provided to an individual (“V”) in relation to an application by V for indefinite leave to remain in the United Kingdom on the grounds that—
Civil legal services provided in relation to the Secretary of State’s powers to provide, or arrange for the provision of, accommodation under— Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Civil legal services provided to an individual who is homeless, or threatened with homelessness, in relation to the provision of accommodation and assistance for the individual under— Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. In this paragraph “homeless” and “threatened with homelessness” have the same meaning as in section 175 of the Housing Act 1996.
Civil legal services provided in relation to— Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.
Civil legal services provided in relation to—
Civil legal services provided in relation to contravention of the Equality Act 2010 or a previous discrimination enactment.
Prescribed civil legal services provided, in prescribed circumstances, in connection with the provision of services described in a preceding paragraph of this Part of this Schedule. Sub-paragraph (1) is subject to—
In this Schedule “legal person” means a person other than an individual.
Regulations may provide that prescribed advice and assistance is to be available under this Part to a legal person described in sub-paragraph (2) if— Those legal persons are— Subsections (3) to (9) of section 15 apply in relation to regulations under this paragraph (and decisions made under such regulations) as they apply in relation to regulations under that section (and decisions made under such regulations). In those subsections as applied by this paragraph, references to an individual include a legal person. In this paragraph “assistance” includes, in particular, assistance in the form of advocacy.
In sections 23, 24, 25 and 26 and Schedule 2, references to an individual include a legal person to whom services are made available under this Part in accordance with this Schedule or regulations under this Schedule.
In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 1 of the Table at the end of paragraph 3, in the second column omit “Legal Services Commission.”
Section 23(5A) of the Children and Young Persons Act 1969 (restrictions on imposing security requirement on child or young person who is not legally represented) is amended as follows. In paragraph (a)— In paragraph (aa) for “to be granted a right to it” substitute “for such representation”.
After section 31 insert—
After section 33A insert—
Section 47 (costs) is amended as follows. In subsections (1) and (2) omit “the Appeal Court or” (in each place). After subsection (2) insert— In subsection (3), at the end insert subject to— After subsection (3) insert— In subsection (4) for “the foregoing provisions of” substitute “sections 46A, 46B and”.
In Schedule 2, references to criminal legal aid include advice, assistance and representation required to be made available under paragraph 4 or 5 of this Schedule.
In section 23 of that Act as it has effect pursuant to section 98 of the Crime and Disorder Act 1998 (restrictions on remand of boy who is not legally represented), subsection (4A) is amended as follows. In paragraph (a)— In paragraph (aa) for “to be granted a right to it” substitute “for such representation”.
Accordingly, in the heading of section 47, at the end insert “: application to Supreme Court”.
Civil legal services provided in relation to abuse of an individual that took place at a time when the individual was a child or vulnerable adult, but only where—
Civil legal services provided in relation to— Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. In this paragraph “barred list” means a list maintained under—
Civil legal services provided in relation to matters arising under—
Civil legal services provided in relation to community care services. Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. In this paragraph—
Civil legal services provided in relation to grants under Part 1 of the Housing Grants, Construction and Regeneration Act 1996 for the provision of facilities for disabled persons. Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. In this paragraph “disabled person” has the meaning given in section 100 of the Housing Grants, Construction and Regeneration Act 1996.
Civil legal services provided in relation to an appeal on a point of law to the Upper Tribunal, the Court of Appeal or the Supreme Court relating to a benefit, allowance, payment, credit or pension under— Sub-paragraph (1) is subject to— In this paragraph “social security enactment” means—
Civil legal services provided in relation to an appeal on a point of law to the High Court, the Court of Appeal or the Supreme Court relating to a council tax reduction scheme. Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule. The services described in sub-paragraph (1) do not include advocacy in proceedings in the High Court. In this paragraph “ council tax reduction scheme ” has the same meaning as in Part 1 of the Local Government Finance Act 1992 (council tax: England and Wales) (see section 13A(9) of that Act).
The services described in Part 1 of this Schedule do not include the services listed in this Part of this Schedule, except to the extent that Part 1 of this Schedule provides otherwise.
Civil legal services provided in relation to personal injury or death.
Civil legal services provided in relation to a claim in tort in respect of negligence.
Civil legal services provided in relation to a claim in tort in respect of assault, battery or false imprisonment.
Civil legal services provided in relation to a claim in tort in respect of trespass to goods.
Civil legal services provided in relation to a claim in tort in respect of trespass to land.
Civil legal services provided in relation to damage to property.
Civil legal services provided in relation to defamation or malicious falsehood.
Civil legal services provided in relation to a claim in tort in respect of breach of statutory duty.
Civil legal services provided in relation to conveyancing.
Civil legal services provided in relation to the making of wills.
Civil legal services provided in relation to matters of trust law.
Civil legal services provided in relation to a claim for damages in respect of a breach of Convention rights by a public authority to the extent that the claim is made in reliance on section 7 of the Human Rights Act 1998. In this paragraph—
Civil legal services provided in relation to matters of company or partnership law.
Civil legal services provided to an individual in relation to matters arising out of or in connection with—
a proposal by that individual to establish a business,
the carrying on of a business by that individual (whether or not the business is being carried on at the time the services are provided), or
the termination or transfer of a business that was being carried on by that individual.
Civil legal services provided in relation to a benefit, allowance, payment, credit or pension under— In this paragraph “social security enactment” means—
Civil legal services provided in relation to compensation under the Criminal Injuries Compensation Scheme.
Civil legal services provided in relation to changing an individual’s name.
The services described in Part 1 of this Schedule do not include advocacy, except as follows—
those services include the types of advocacy listed in this Part of this Schedule, except to the extent that Part 1 of this Schedule provides otherwise;
those services include other types of advocacy to the extent that Part 1 of this Schedule so provides.
For the purposes of this Part of this Act, civil legal services are described in Part 1 of this Schedule if they are described in one of the paragraphs of that Part (other than in an exclusion), even if they are (expressly or impliedly) excluded from another paragraph of that Part.
References in this Schedule to an Act or instrument, or a provision of an Act or instrument—
are references to the Act, instrument or provision as amended from time to time, and
include the Act, instrument or provision as applied by another Act or instrument (with or without modifications).
References in this Schedule to services provided in relation to an act, omission or other matter of a particular description (however expressed) include services provided in relation to an act, omission or other matter alleged to be of that description.
References in this Schedule to services provided in relation to proceedings, orders and other matters include services provided when such proceedings, orders and matters are contemplated.
Where a paragraph of Part 1 or 2 of this Schedule describes services that consist of or include services provided in relation to proceedings, the description is to be treated as including, in particular— Where a paragraph of Part 3 of this Schedule describes advocacy provided in relation to particular proceedings in or before a court, tribunal or other person, the description is to be treated as including services provided in relation to preliminary or incidental proceedings in or before the same court, tribunal or other person. Regulations may make provision specifying whether proceedings are or are not to be regarded as preliminary or incidental for the purposes of this paragraph.
For the purposes of this Schedule, regulations may make provision about—
when services are provided in relation to a matter;
when matters arise under a particular enactment;
when proceedings are proceedings under a particular enactment;
when proceedings are related to other proceedings.
In this Schedule “enactment” includes—
an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales.
Section 24
Section 31
Section 38
This paragraph has effect where, before the transfer day, an individual who is an employee of the LSC informs the LSC or the Lord Chancellor that the individual objects to becoming employed in the civil service of the State by virtue of paragraph 1(1). Where this paragraph has effect—
The Magistrates’ Courts Act 1980 is amended as follows.
The Crime and Disorder Act 1998 is amended as follows.
Schedule 3 to the Criminal Justice Act 1988 (reference of sentence of Crown Court appearing to be unduly lenient) is amended as follows. In paragraph 11 (recovery of costs of representation)— In paragraph 12 (application to Northern Ireland)—
In section 23 of the Criminal Justice Act 1961 (prison rules)—
in subsection (3), for “Subject to subsection (3A), the days” substitute “The days”;
omit subsection (3A).
In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed), omit subsection (4)(c) and (d).
In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995 (qualifications for standard licence), in paragraph 3(2)(a), for the words from “of 12 months or more” to the end substitute “exceeding 3 months”.
The Extradition Act 2003 is amended as follows. In the following provisions, omit “(other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003)”— In section 216 (interpretation), omit subsection (6A).
The Armed Forces Act 2006 is amended as follows. In section 196 (term of sentence etc), omit— Omit sections 197 to 199 (imprisonment with or without custody plus order). In section 207 (definitions), omit the definition of “custody plus order”. In Schedule 7 (suspended sentence: further conviction or breach of requirement), omit paragraph 9(1)(a) (modification of paragraph 9(1)(a) of Schedule 12 to the Criminal Justice Act 2003). In Schedule 16 (minor and consequential amendments), omit paragraphs 222 and 223.
Article 2(4) of the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 is revoked.
In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed)—
in subsection (8), after “section” insert “243A(3)(a),”;
in subsection (9)(a), after “in respect of section” insert “243A(3)(a) or”.
In Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 3(1), for “sections 244” substitute “sections 243A”.
Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.
Section 28 of the Offender Management Act 2007 (application of polygraph conditions for certain offenders released on licence) is amended as follows. In subsection (3)(a), after “section” insert “226A or”. In subsection (3)(f), after “226” insert “, 226B”.
In consequence of amendments made by section 123, 124 or 125 or this Schedule—
in the Criminal Justice Act 2003, omit paragraph 4 of Schedule 18, and
in the Criminal Justice and Immigration Act 2008 omit—
sections 13, 14, 15, 16 and 18(2);
Schedule 5;
in Schedule 26, paragraph 76.
Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (relevant offences for the purposes of section 17: witnesses eligible for assistance on grounds of fear or distress about testifying) is amended as follows. After paragraph 9 insert— After paragraph 26 insert—
In section 8(4) (matters which may be contained in report of committal proceedings without an order) for paragraph (i) substitute—
Section 50 (early administrative hearings) is amended as follows. In subsection (2)— Omit subsection (2A).
In paragraph 8 (transfers to Scotland)—
in sub-paragraph (2)(a), after “246 to 264A” insert “, 267A and 267B”;
in sub-paragraph (4)(a), for “and 249 to 264A” substitute “, 249 to 264A, 267A and 267B”.
In section 8A(5) (power to make ruling at pre-trial hearing)—
in paragraph (a) for the words from “to be granted” to “Criminal Defence Service” substitute “to be provided with representation for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”, and
in paragraph (b) for “the Legal Services Commission must decide whether or not to grant him that right” substitute “the necessary arrangements must be made for him to apply for it and, where appropriate, obtain it”.
In section 51B(6)(b) (effect of notice given under section 51B in serious or complex fraud cases) for “paragraph 2 of Schedule 3 to the Access to Justice Act 1999” substitute “regulations under section 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
In paragraph 9(2)(a) and (4)(a) (transfers to Northern Ireland), for “and 254 to 264A” substitute “, 254 to 264A, 267A and 267B”.
In section 8C(7) (matters to which reporting restrictions do not apply) for paragraph (g) substitute—
In section 52A(7) (matters to which reporting restrictions do not apply) for paragraph (h) substitute—
In section 92(1)(b) (exception to restriction on power to impose imprisonment for default) for the words from “under section 17(2)” to “criminal case” substitute “made by a court under regulations under section 23 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (payment by individual in respect of legal aid)”.
In paragraph 3(8) of Schedule 3 (matters to which reporting restrictions do not apply) for paragraph (g) substitute—
In section 130(3) (powers of alternate court on transfer of remand hearing) for the words from “all the powers” to end substitute all of the following powers which that court would have had but for the order—
In section 145A(4) (rules about costs orders against legal representatives) for “the Legal Services Commission” substitute “the Lord Chancellor under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
The Lord Chancellor may make a scheme providing for the merger of LSC occupational pension schemes. A scheme under this paragraph may in particular— A scheme under this paragraph may in particular amend or otherwise modify— A scheme under this paragraph must ensure that the merger of the LSC occupational pension schemes does not, to any extent, deprive members of the LSC occupational pension schemes, or other beneficiaries under those schemes, of rights that accrue to them under those schemes before the merger takes effect. Subject to sub-paragraph (4), a scheme under this paragraph has effect in spite of any provision (of any nature) which would otherwise prevent the merger of the LSC occupational pension schemes. In this paragraph—
Paragraphs 1, 6 and 7 and schemes under paragraph 4 have effect in relation to property, rights, powers, duties and liabilities in spite of any provision (of any nature) which would otherwise prevent or restrict their transfer.
The Lord Chancellor may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in connection with— The regulations may, in particular, include provision modifying an enactment (whenever passed or made), including this Schedule.
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit “Legal Services Commission.”
In the Access to Justice Act 1999 omit—
sections 1 to 26 and Schedules 1 to 3A (legal aid), and
Part 2 of Schedule 14 (transitional provision: Legal Services Commission).
In section 6(2)(c) of the International Criminal Court Act 2001 (supplementary provisions as to proceedings before competent court) for “Access to Justice Act 1999 (c.22) (advice, assistance and representation)” substitute “Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
Part 3 of the Court Martial Appeals Act 1968 (appeals from Court Martial Appeal Court) is amended as follows.
The Criminal Justice Act 2003 is amended as follows.
In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other provisions applicable on order for retrial), in paragraph 2(4), for “Sections 240” substitute “Sections 240ZA”.
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
For the heading of Chapter 3 of Part 12 substitute “Suspended sentence orders”.
In section 82A (determination of tariffs), in subsection (3)(b), for “section 240” substitute “section 240ZA”.
In section 190(2) (limits on power to impose requirements by suspended sentence order), for “189(1)(a)” substitute “189(1A)”.
In section 101 (term of detention and training order), in subsection (12A), for “the reference in subsection (2) of that section to section 240” substitute “the reference in subsection (2A) of that section to section 240ZA”.
In section 191(1) (power to provide for review of suspended sentence order), after “suspended sentence order” insert “that imposes one or more community requirements”.
In section 147A (extension of disqualification where custodial sentence also imposed), in subsection (6)—
omit “a direction under”;
in paragraph (a), for “section 240” substitute “section 240ZA”;
in paragraph (b), before “section 240A” insert “a direction under”.
Section 195 (interpretation of Chapter 3) is amended as follows. For the definition of “operational period” and “supervision period” substitute—. After the definition of “sentence of imprisonment” insert—
Section 196 (meaning of “relevant order”) is amended as follows. In the heading, after ““relevant order”” insert “etc”. After subsection (1) insert—
In section 200(4) (supervision period and operational period where unpaid work requirement imposed by suspended sentence order)—
for “189(1)(a)” substitute “189(1A)”, and
for “189(1)(b)(ii)” substitute “189(1)(a)”.
In section 213(3)(d) (supervision requirement: meaning of “relevant period”) for “189(1)(a)” substitute “189(1A)”.
Paragraph 8 of Schedule 12 (powers of court in case of breach of community requirement or conviction of further offence) is amended as follows. In sub-paragraph (2), at the beginning of paragraph (c) insert “in the case of a suspended sentence order that imposes one or more community requirements,”. After that paragraph insert— In sub-paragraph (4)(a), for “the community requirements” substitute “any community requirements”. In sub-paragraph (8), for “the community” substitute “any community”.
In Part 3 of Schedule 12 (amendment of suspended sentence order), before paragraph 13 (and before the italic heading before that paragraph) insert—
Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland) is amended as follows. In paragraph 1(1) (suspended sentence order in respect of an offender residing in Scotland)— In paragraph 6(1) (suspended sentence order in respect of an offender residing in Northern Ireland)—
Section 39
Section 47 (jurisdiction and powers of Tribunal) is amended as follows. In subsections (2)(d), (2B) and (2D) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “criminal legal aid work”. In subsection (2A)— After subsection (3B) insert—
In section 49(3) (appeals from Tribunal) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “criminal legal aid work (as defined in that section)”.
Short title and chapter Extent of repeal Legal Aid Act 1988 (c. 34) In Schedule 5, paragraph 13. Access to Justice Act 1999 (c. 22) In Schedule 4— paragraph 1; paragraph 8; paragraphs 10 to 12; paragraphs 15 to 19; paragraphs 29 and 30(2) and (3)(a); paragraph 33; paragraph 35; paragraphs 38 to 40; paragraph 45; paragraph 47; paragraph 49; paragraphs 51(3) and 52; paragraph 55. Terrorism Act 2000 (c. 11) In Schedule 15, paragraph 19. Child Support, Pensions and Social Security Act 2000 (c. 19) In Schedule 8, paragraph 15. Criminal Defence Service (Advice and Assistance) Act 2001 (c. 4) The whole Act. Anti-terrorism, Crime and Security Act 2001 (c. 24) Section 2(1) to (3). Proceeds of Crime Act 2002 (c. 29) In Schedule 11, paragraph 36. Adoption and Children Act 2002 (c. 38) In Schedule 3, paragraph 102. Nationality, Immigration and Asylum Act 2002 (c. 41) Section 116. Extradition Act 2003 (c. 41) Section 182. Criminal Justice Act 2003 (c. 44) In Schedule 26, paragraph 51. Civil Partnership Act 2004 (c. 33) In Schedule 27, paragraph 156. Constitutional Reform Act 2005 (c. 4) In Schedule 9, paragraph 68(3). Mental Capacity Act 2005 (c. 9) In Schedule 6, paragraph 44. Criminal Defence Service Act 2006 (c. 9) Sections 1 to 3. Section 4(1). Serious Crime Act 2007 (c. 27) In Schedule 8, paragraph 159. Legal Services Act 2007 (c. 29) In Schedule 16, paragraphs 51(4) and 108(c). In Schedule 21, paragraph 128. Criminal Justice and Immigration Act 2008 (c. 4) Sections 56 to 58. Human Fertilisation and Embryology Act 2008 (c. 22) Schedule 6, paragraph 38. Coroners and Justice Act 2009 (c. 25) Section 51. Sections 149 to 153. Schedule 18. Policing and Crime Act 2009 (c. 26) In Schedule 7, paragraphs 65 and 98.
Section 40
Section 62
In consequence of the amendments made by paragraph 9, omit paragraph 8 of Schedule 1 to the Prosecution of Offences Act 1985.
The amendments made by paragraphs 2 to 5 do not have effect in relation to costs orders made by a court in proceedings which commenced before the relevant day.
The amendments made by paragraphs 9 to 11 do not have effect in relation to a person’s entitlement to costs in connection with a reference made before the relevant day.
The amendments made by paragraphs 12 to 19 do not have effect in relation to orders made by a judge or court in proceedings which commenced before the relevant day.
In paragraphs 20 to 22 “the relevant day”, in relation to an amendment, means the day on which the amendment comes into force.
For the purposes of paragraphs 20 and 22—
proceedings commence in a magistrates’ court when a warrant, requisition or summons relating to the proceedings is issued;
proceedings commence on an appeal to the Crown Court when a notice of appeal is served;
other proceedings commence in the Crown Court when they are committed, transferred or sent to that court;
proceedings commence in the High Court when an application for leave to appeal by way of case stated is made or (in the absence of such an application) when notice of appeal is given;
proceedings commence in the Court of Appeal when an application for leave to appeal is made or (in the absence of such an application) when notice of appeal is given;
proceedings commence in the Supreme Court when an application for leave to appeal is made.
Section 62
The amendments made by this Schedule do not have effect in relation to directions and orders made by a court in proceedings commenced before the relevant day.
For the purposes of paragraph 15—
“the relevant day”, in relation to an amendment, means the day on which the amendment comes into force;
proceedings commence in the Court Martial Appeal Court when an application for leave to appeal is made or (in the absence of such an application) when notice of appeal is given;
proceedings commence in the Supreme Court when an application for leave to appeal is made.
Section 68
In relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution, custody for life etc), section 189 of the Criminal Justice Act 2003 has effect with the following modifications—
in subsection (1), after the first “imprisonment” insert “or, in the case of a person aged at least 18 but under 21, a sentence of detention in a young offender institution”,
in that subsection, after the second “imprisonment” insert “or detention in a young offender institution”, and
in subsection (1B), after “imprisonment” insert “or detention in a young offender institution”.
Section 89
Section 90
Section 105
Section 110
The Armed Forces Act 2006 is amended as follows.
Section 246 (crediting of time in service custody: terms of imprisonment and detention) is amended as follows. For subsections (2) to (5) substitute— In subsection (6)—
Section 247 (crediting of time in service custody: supplementary) is amended as follows. In subsection (2)— After subsection (2) insert— In subsection (4) for “the reference in section 246(2)” substitute “the references in section 246(2) and (2B)”.
In section 373(3) (orders, regulations and rules) in paragraph (g) omit “or 246”.
In Schedule 16 (minor and consequential amendments), omit paragraph 228.
Section 111
Section 120
In this Schedule—
“the commencement date”, in relation to any of sections 108 to 118, means the day appointed under section 151 for the coming into force of that section;
“Chapter 6” means Chapter 6 of Part 12 of the 2003 Act, as amended by those sections;
“the 2003 Act” means the Criminal Justice Act 2003.
The following provisions apply in relation to any person who falls to be released under Chapter 6 on or after the commencement date— Section 117 applies in relation to any person who falls to be released under Chapter 6, or (as the case may be) under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, on or after the commencement date. Where a court, before the commencement date, has given a direction under section 240(3) of the 2003 Act or section 246(2) of the Armed Forces Act 2006— In sub-paragraph (3) “the new provisions” means—
The following provisions apply in relation to any person sentenced on or after the commencement date—
section 109;
in section 110—
subsections (1) to (7), (9) and (12) so far as they relate to section 240A of the 2003 Act, and
subsection (8).
The amendments made by section 112 do not affect the release under Chapter 6 of any prisoner before the commencement date.
Section 113 applies in relation to any person recalled under section 254 of the 2003 Act before the commencement date (as well as in relation to any person recalled under that section on or after that date).
Section 114 applies in relation to any person recalled under that section on or after the commencement date.
Section 119 applies in relation to any person who, on the day on which this Act is passed, has served the relevant part of the sentence (as well as in relation to any person who, on that date, has not served that part).
Section 121
The Criminal Justice Act 2003 is amended as follows.
After section 267 insert—
After Schedule 20 insert—
Section 121
The Criminal Justice Act 2003 is amended as follows.
In section 244 (duty to release prisoners on licence), after subsection (3) insert—
In section 247 (release on licence of prisoner serving extended sentence), after subsection (7) insert—
In section 249 (duration of licence), at the end insert—
Section 258 (early release of fine defaulters and contemnors) is amended as follows. After subsection (2) insert— In subsection (3) after “in this section” insert “or in paragraph 35 of Schedule 20B”.
In section 260 (early removal of prisoners liable to removal from UK), after subsection (7) insert—
In section 263 (concurrent terms), after subsection (4) insert—
In section 264 (consecutive terms), after subsection (7) insert—
After section 267A (inserted by Schedule 16) insert—
After Schedule 20A (inserted by Schedule 16) insert—
Section 122 In the Criminal Justice Act 2003, after Schedule 15A insert—
Section 122
In relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution, custody for life etc), Part 12 of the Criminal Justice Act 2003 (sentencing) has effect with the following modifications. In section 224A (life sentence for second listed offence)— In section 305(4) (interpretation of Part 12), in paragraph (bb) (inserted by paragraph 22 of this Schedule), after “imprisonment for life” insert “or, if the person is aged at least 18 but under 21, custody for life”.
Section 125
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and recall) (as amended by Chapter 4 of Part 3 of this Act) is amended as follows.
Section 237 (meaning of “fixed-term prisoner” etc) is amended as follows. In subsection (1)(b), before “227” insert “226A, 226B,”. In subsection (3), before “227” insert “226A or”.
In section 238 (power of court to recommend licence conditions), in subsection (4), for “228” substitute “226B”.
In section 240ZA (time remanded in custody to count as time served), in subsection (11), before “227” insert “226A, 226B,”.
Section 246 (power to release prisoners on licence) is amended as follows. In subsection (4)(a), after “section” insert “226A,”. In subsection (6), in the definition of “term of imprisonment”, before “227” insert “226A, 226B,”.
Section 250 (licence conditions) is amended as follows. In subsection (4)— After subsection (5) insert—
In section 255A (further release after recall), in subsection (7)(a) (meaning of “extended sentence prisoner”), after “section” insert “226A, 226B,”.
In section 258 (early release of fine defaulters and contemnors), in subsection (3A), before “227” insert “226A, 226B,”.
Section 260 (early removal of prisoners liable to removal from UK) is amended as follows. After subsection (2) insert— In subsection (5), after “244” (but before “, 247”) insert “, 246A”. In subsection (7), before paragraph (a) insert—.
Section 261 (re-entry to UK of offender removed early) is amended as follows. In subsection (5)(b), for “or 244” substitute “, 244 or 246A”. In subsection (6), in the definition of “requisite custodial period”, before paragraph (a) insert—.
In section 263 (concurrent terms), in subsection (4), before “227” insert “226A, 226B,”.
Section 264 (consecutive terms) is amended as follows. In subsection (6)(a) (definition of “custodial period”), before sub-paragraph (i) insert—. In subsection (7), before “227” insert “226A, 226B,”.
In section 265 (restriction on consecutive sentences for released prisoners), in subsection (2), before “227” insert “226A, 226B,”.
Section 126
In relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution, custody for life etc), Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous offenders) has effect with the modifications in sub-paragraphs (2) and (3). In section 226A (extended sentence for certain violent or sexual offences: persons 18 or over), at the end insert— In section 226B (extended sentence for certain violent or sexual offences: persons under 18), in subsection (7), for “18” substitute “21”.
In relation to any time before the repeal of section 30 of the Criminal Justice and Court Services Act 2000 (protection of children: supplemental) by Schedule 10 to the Safeguarding Vulnerable Groups Act 2006, that section has effect with the modification in sub-paragraph (2). In subsection (1), in paragraph (dd) of the definition of “qualifying sentence”, after “226” insert “, 226B”.
Section 127
In relation to any time before the repeal of section 30 of the Criminal Justice and Court Services Act 2000 (protection of children: supplemental) by Schedule 10 to the Safeguarding Vulnerable Groups Act 2006, that section has effect with the modification in sub-paragraph (2). In subsection (1), in paragraph (dd) of the definition of “qualifying sentence”, after “2003” insert “(including such a sentence imposed as a result of section 221, 221A or 222 of the Armed Forces Act 2006)”.
Section 132
Section 135
Section 141
Short title Extent of repeal Armed Forces Act 1976 (c. 52) In Schedule 9, paragraph 21. Criminal Law Act 1977 (c. 45) In section 63(2), the words “Rehabilitation of Offenders Act 1974;”. In Schedule 12, the entry relating to the Rehabilitation of Offenders Act 1974. Magistrates’ Courts Act 1980 (c. 43) In Schedule 7, paragraph 134. Armed Forces Act 1981 (c. 55) In Schedule 4, paragraph 2(2). Criminal Justice Act 1982 (c. 48) In Schedule 14, paragraph 37. Mental Health (Amendment) Act 1982 (c. 51) In Schedule 3, paragraph 49. Mental Health Act 1983 (c. 20) In Schedule 4, paragraph 39. Criminal Justice Act 1988 (c. 33) In Schedule 8, paragraph 9(b). Children Act 1989 (c. 41) In Schedule 14, paragraph 36(7). Criminal Justice Act 1991 (c. 53) In section 68, paragraph (c) (but not the word “and” at the end of the paragraph). In Schedule 8, paragraph 5. In Schedule 12, paragraph 22(2). Criminal Justice and Public Order Act 1994 (c. 33) In Schedule 9, paragraph 11. In Schedule 10, paragraph 30. Armed Forces Act 1996 (c. 46) Section 13(3) and (4). Schedule 4. Crime and Disorder Act 1998 (c. 37) In Schedule 8, paragraph 35. Youth Justice and Criminal Evidence Act 1999 (c. 23) In Schedule 4, paragraph 6. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) In Schedule 9, paragraph 48(3) to (10). In Schedule 11, paragraph 13. Criminal Justice and Court Services Act 2000 (c. 43) In Schedule 7, paragraph 49. Criminal Justice Act 2003 (c. 44) In Part 1 of Schedule 32, paragraph 18(3). Armed Forces Act 2006 (c. 52) In Schedule 16, paragraphs 65(4) to (8) and 66. Criminal Justice and Immigration Act 2008 (c. 4) In Part 1 of Schedule 4, paragraph 21. In Schedule 10, paragraphs 2 and 5. Policing and Crime Act 2009 (c. 26) Section 18(2).
Section 142
Section 143