Amendment text
Lord Ponsonby of Shulbrede gives notice of his intention to oppose the Question that Clause 1 stand part of the Bill.
Proposed amendments
102 amendments across 24 provisions
Clause 1 20
Tabled againstAs brought from the Commons· Clause 1
Amendment text
leave out line 9
Amendment text
leave out line 9
Amendment text
at end insert—
Provision under subsection (1) may only be made if the court is satisfied that it is in the interest of justice to do so.”
Provision under subsection (1) may only be made if the court is satisfied that it is in the interest of justice to do so.”
Amendment text
leave out lines 15 to 18
Amendment text
leave out lines 10 and 11
Amendment text
leave out “or (4)”
Amendment text
leave out lines 15 to 18
Amendment text
leave out lines 24 to 32
Amendment text
leave out “or (4)”
Amendment text
at end insert—
Where the impugned act consists in the making or laying of delegated legislation (“the impugned legislation”), subsections (3) and (4) do not prevent any person charged with an offence under or by virtue of any provision of the impugned legislation raising the validity of the impugned legislation as a defence in criminal proceedings.
Where the impugned act consists in the making or laying of delegated legislation (“the impugned legislation”), subsections (3) and (4) do not prevent any person charged with an offence under or by virtue of any provision of the impugned legislation raising the validity of the impugned legislation as a defence in criminal proceedings.
Amendment text
leave out “must” and insert “may”
Amendment text
leave out lines 14 and 15
Amendment text
at end insert “including, but not limited to, the interests and expectations of a claimant in receiving a timely remedy”
Amendment text
at end insert “, which are to be identified by the defendant”
Amendment text
leave out “or proposed to be taken”
Amendment text
at end insert—
In deciding whether there is a detriment to good administration under subsection (8)(b), the court must have regard to the principle that good administration is administration which is lawful.”
In deciding whether there is a detriment to good administration under subsection (8)(b), the court must have regard to the principle that good administration is administration which is lawful.”
Amendment text
leave out lines 24 to 32
Amendment text
leave out lines 24 to 32 and insert—
Provision may only be made under subsection (1) if and to the extent that the court considers that an order making such provision would, as a matter of substance, offer an effective remedy to the claimant and any other person materially affected by the impugned act in relation to the relevant defect.”
Provision may only be made under subsection (1) if and to the extent that the court considers that an order making such provision would, as a matter of substance, offer an effective remedy to the claimant and any other person materially affected by the impugned act in relation to the relevant defect.”
Amendment text
leave out lines 31 and 32
Clause 2 11
Amendment text
The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.
Amendment text
Leave out Clause 2 and insert the following new Clause—
“Limitation of review of Upper Tribunal’s permission-to-appeal decisions
“Limitation of review of Upper Tribunal’s permission-to-appeal decisions
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Review of Cart Judicial Reviews
“Review of Cart Judicial Reviews
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
Notwithstanding subsection (1), subsections (2) and (3) do not apply where the party refused permission (or leave) to appeal by the Upper Tribunal was the appellant before the First-tier Tribunal and—
Notwithstanding subsection (1), subsections (2) and (3) do not apply where the party refused permission (or leave) to appeal by the Upper Tribunal was the appellant before the First-tier Tribunal and—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
leave out “procedurally defective”
Amendment text
leave out “procedurally defective way as amounts to a fundamental” and insert “way as amounts to a material”
Amendment text
at end insert “or
in reliance on a fundamental error of law”
in reliance on a fundamental error of law”
Amendment text
at end insert—
Subsections (2) and (3) do not apply insofar as the decision is likely to lead to the deportation of the applicant to a country where the applicant is likely to be tortured or subjected to inhuman or degrading treatment.”
Subsections (2) and (3) do not apply insofar as the decision is likely to lead to the deportation of the applicant to a country where the applicant is likely to be tortured or subjected to inhuman or degrading treatment.”
Amendment text
at end insert—
““accelerated procedure” means any procedure for which procedure rules permit or require that less time is provided than is the case for another party before the tribunal bringing an appeal under the same statutory right of appeal, and includes an accelerated detained appeal under section 106A(1) of the Nationality, Immigration and Asylum Act 2002;
““accelerated procedure” means any procedure for which procedure rules permit or require that less time is provided than is the case for another party before the tribunal bringing an appeal under the same statutory right of appeal, and includes an accelerated detained appeal under section 106A(1) of the Nationality, Immigration and Asylum Act 2002;
Amendment text
at end insert—
The Lord Chancellor must carry out and publish a review of the operation of this section not more than two years after the passing of this Act.
The Lord Chancellor must carry out and publish a review of the operation of this section not more than two years after the passing of this Act.
Amendment text
Leave out Clause 2 and insert the following new Clause—
“Limitation of review of Upper Tribunal’s permission-to-appeal decisions
“Limitation of review of Upper Tribunal’s permission-to-appeal decisions
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 3 8
Amendment text
Baroness Chakrabarti gives notice of her intention to oppose the Question that Clause 3 stand part of the Bill.
Amendment text
at end insert “and
it is not a recordable offence, as specified in the Schedule to the National Police Records (Recordable Offences) Regulations 2000 (S.I. 2000/1139).”
it is not a recordable offence, as specified in the Schedule to the National Police Records (Recordable Offences) Regulations 2000 (S.I. 2000/1139).”
Amendment text
at end insert—
Criminal Procedure Rules may make provision about information that should be made available to the media and public in these circumstances.”
Criminal Procedure Rules may make provision about information that should be made available to the media and public in these circumstances.”
Amendment text
at end insert—
Before this section may come into force, the Secretary of State must—
Before this section may come into force, the Secretary of State must—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
If, within a reasonable period of time, a person to whom subsection (3) applies denies making such a notification, the court must not treat the purported notification as effective without determining that it came from them.”
If, within a reasonable period of time, a person to whom subsection (3) applies denies making such a notification, the court must not treat the purported notification as effective without determining that it came from them.”
Amendment text
at end insert—
the prosecutor is satisfied that the accused does not have any vulnerabilities and disabilities that impede the ability of the accused to understand or effectively participate in proceedings, having undertaken a physical and mental health assessment.”
the prosecutor is satisfied that the accused does not have any vulnerabilities and disabilities that impede the ability of the accused to understand or effectively participate in proceedings, having undertaken a physical and mental health assessment.”
Amendment text
at end insert—
the prosecutor is satisfied that the accused has engaged a legal representative.”
the prosecutor is satisfied that the accused has engaged a legal representative.”
Amendment text
at end insert “and
it is not a recordable offence, as specified in the Schedule to the National Police Records (Recordable Offences) Regulations 2000 (S.I. 2000/1139).”
it is not a recordable offence, as specified in the Schedule to the National Police Records (Recordable Offences) Regulations 2000 (S.I. 2000/1139).”
Clause 4 2
Amendment text
leave out “16” and insert “18”
Amendment text
leave out “16” and insert “18”
Clause 5 2
Amendment text
Insert the following new Clause—
“Review of the single justice procedure
“Review of the single justice procedure
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Review of the single justice procedure
“Review of the single justice procedure
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 6 6
Amendment text
at end insert—
“and has received the advice of a legal representative prior to submitting a plea.”
“and has received the advice of a legal representative prior to submitting a plea.”
Amendment text
after “plea” insert “and consequences of pleading guilty”
Amendment text
at end insert—
Criminal Procedure Rules may make provision about information that should be made available to the media and public relating to pleas in writing.”
Criminal Procedure Rules may make provision about information that should be made available to the media and public relating to pleas in writing.”
Amendment text
at end insert—
“and has received the advice of a legal representative prior to submitting a plea.”
“and has received the advice of a legal representative prior to submitting a plea.”
Amendment text
at end insert—
“and the court has been provided with a physical and mental health assessment of the accused confirming that the written procedure will not impede the ability of the accused to understand or effectively participate in proceedings.”
“and the court has been provided with a physical and mental health assessment of the accused confirming that the written procedure will not impede the ability of the accused to understand or effectively participate in proceedings.”
Amendment text
after “plea” insert “and consequences of pleading guilty”
Clause 8 2
Amendment text
Lord Ponsonby of Shulbrede gives notice of his intention to oppose the Question that Clause 8 stand part of the Bill.
Amendment text
Leave out Clause 8
Clause 9 3
Amendment text
leave out subsection (5)
Amendment text
leave out subsection (5)
Amendment text
Insert the following new Clause—
“Expiry of sections 6 to 9
“Expiry of sections 6 to 9
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 13 4
Amendment text
leave out “by section 224(1A)(b)” and insert “in respect of the offence by section 224(1)”
Amendment text
Insert the following new Clause—
“Magistrates’ increased sentencing powers: reporting
“Magistrates’ increased sentencing powers: reporting
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Leave out Clause 13 and insert the following new Clause—
“Commencement of Schedule 22 to the Sentencing Act 2020: repeal
“Commencement of Schedule 22 to the Sentencing Act 2020: repeal
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Commencement of Schedule 22 of the Sentencing Act 2020: reporting
“Commencement of Schedule 22 of the Sentencing Act 2020: reporting
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 14 3
Amendment text
Lord Ponsonby of Shulbrede gives notice of his intention to oppose the Question that Clause 14 stand part of the Bill.
Amendment text
Leave out Clause 14
Amendment text
Insert the following new Clause—
“Judicial inquiry into the treatment of women and girls in criminal proceedings
“Judicial inquiry into the treatment of women and girls in criminal proceedings
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 23 1
Amendment text
Insert the following new Clause—
“Power to make certain provision about dispute-resolution services
“Power to make certain provision about dispute-resolution services
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 28 1
Amendment text
Insert the following new Clause—
“Online procedural assistance
“Online procedural assistance
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 38 2
Amendment text
at end insert—
After subsection (2), insert—
After subsection (2), insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
In section 43(3) of the Coroners and Justice Act 2009 (coroners regulations), after paragraph (a) insert—
In section 43(3) of the Coroners and Justice Act 2009 (coroners regulations), after paragraph (a) insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Clause 39 5
Amendment text
leave out “follows” and insert “set out in subsections (2) and (3)”
Amendment text
at end insert—
In the following provisions of the Births and Deaths Registration Act 1953, for “revealed by post-mortem examination” substitute “becoming clear before inquest”—
In the following provisions of the Births and Deaths Registration Act 1953, for “revealed by post-mortem examination” substitute “becoming clear before inquest”—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
After subsection (2), insert—
After subsection (2), insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
In section 43(3) of the Coroners and Justice Act 2009 (coroners regulations), after paragraph (a) insert—
In section 43(3) of the Coroners and Justice Act 2009 (coroners regulations), after paragraph (a) insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
the coroner has considered the views of any of the interested persons named at section 47(2)(a) or (b) of this Act (“interested person”) who are known to the coroner,
the coroner has considered the views of any of the interested persons named at section 47(2)(a) or (b) of this Act (“interested person”) who are known to the coroner,
Clause 40 4
Amendment text
at end insert—
the coroner has considered the views of any of the interested persons named at section 47(2)(a) or (b) (interested persons) who are known to the coroner, and
the coroner has considered the views of any of the interested persons named at section 47(2)(a) or (b) (interested persons) who are known to the coroner, and
Amendment text
at end insert—
Coroners rules that provide for the conduct of hearings wholly or partly by way of electronic transmission of sounds or images must specify that, other than for any pre-inquest hearing, such a hearing may only be held if—
Coroners rules that provide for the conduct of hearings wholly or partly by way of electronic transmission of sounds or images must specify that, other than for any pre-inquest hearing, such a hearing may only be held if—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
Coroners rules that provide for the conduct of hearings wholly or partly by way of electronic transmission of sounds or images must not allow the conduct of hearings wholly or partly by sound only.”
Coroners rules that provide for the conduct of hearings wholly or partly by way of electronic transmission of sounds or images must not allow the conduct of hearings wholly or partly by sound only.”
Amendment text
at end insert—
Coroners rules that provide for the conduct of hearings wholly or partly by way of electronic transmission of sounds or images must provide for such hearings to comply with, and be subject to, Rule 11 of the Coroners (Inquests) Rules 2013 (Inquest hearings to be held in public).”
Coroners rules that provide for the conduct of hearings wholly or partly by way of electronic transmission of sounds or images must provide for such hearings to comply with, and be subject to, Rule 11 of the Coroners (Inquests) Rules 2013 (Inquest hearings to be held in public).”
Clause 41 1
Amendment text
at end insert—
Coroners rules that provide for the conduct of hearings wholly or partly by way of electronic transmission of sounds or images must specify that, other than for any pre-inquest hearing, such a hearing may only be held if—
Coroners rules that provide for the conduct of hearings wholly or partly by way of electronic transmission of sounds or images must specify that, other than for any pre-inquest hearing, such a hearing may only be held if—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Clause 42 7
Amendment text
Insert the following new Clause—
“Provision of information to registrar when investigation discontinued
“Provision of information to registrar when investigation discontinued
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Publicly funded legal representation for bereaved people at inquests
“Publicly funded legal representation for bereaved people at inquests
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Removal of the means test for legal help prior to inquest hearing
“Removal of the means test for legal help prior to inquest hearing
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Eligibility for bereaved people to access legal aid under existing provisions
“Eligibility for bereaved people to access legal aid under existing provisions
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Right of address
“Right of address
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Determination of suicide: relevant factors
“Determination of suicide: relevant factors
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Requirement to record relevant factors in cases of suicide
“Requirement to record relevant factors in cases of suicide
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 44 4
Amendment text
Insert the following new Clause—
“Publicly funded legal representation for bereaved people at inquests
“Publicly funded legal representation for bereaved people at inquests
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Removal of the means test for legal help prior to inquest hearing
“Removal of the means test for legal help prior to inquest hearing
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Eligibility for bereaved people to access legal aid under existing provisions
“Eligibility for bereaved people to access legal aid under existing provisions
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Permission to record relevant factors in cases of suicide
“Permission to record relevant factors in cases of suicide
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 45 1
Amendment text
Insert the following new Clause—
“Pro Bono Representation: Tribunals
“Pro Bono Representation: Tribunals
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 47 1
Amendment text
Insert the following new Clause—
“Payments in respect of pro bono representation
“Payments in respect of pro bono representation
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 48 3
Amendment text
at end insert “, except section (Provision of information to registrar when investigation discontinued)”
Amendment text
at end insert—
Before section 40 may be commenced, the Lord Chancellor must—
Before section 40 may be commenced, the Lord Chancellor must—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
Before section 43 may be commenced, the Lord Chancellor must—
Before section 43 may be commenced, the Lord Chancellor must—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Clause 49 3
Amendment text
leave out “passed without” and insert “the Bill for which would not require”
Amendment text
leave out “and” and insert “to”
Amendment text
at end insert—
Section (Payments in respect of pro bono representation)(3) extends to England and Wales and Northern Ireland.
Section (Payments in respect of pro bono representation)(3) extends to England and Wales and Northern Ireland.
Clause 50 7
Amendment text
at end insert—
section 11;”
section 11;”
Amendment text
leave out paragraphs (a) and (b) and insert—
section 13(3);”
section 13(3);”
Amendment text
at end insert—
paragraphs 12 to 14 of Schedule 2, and section 18 so far as relating to those paragraphs;”
paragraphs 12 to 14 of Schedule 2, and section 18 so far as relating to those paragraphs;”
Amendment text
at end insert—
If paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 (as it was enacted) has been brought in force in relation to either-way offences before the passing of this Act, the following provisions come into force on the day after the day on which this Act is passed—
If paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 (as it was enacted) has been brought in force in relation to either-way offences before the passing of this Act, the following provisions come into force on the day after the day on which this Act is passed—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
section (Payments in respect of pro bono representation).”
section (Payments in respect of pro bono representation).”
Amendment text
at end insert—
Before section 45 may be commenced, the Lord Chancellor must—
Before section 45 may be commenced, the Lord Chancellor must—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
The coming into force of paragraph 20(b) of Schedule 2 results in the provision it inserts becoming subject to section 417(1) of the Sentencing Act 2020 (power to commence Schedule 22 to that Act).”
The coming into force of paragraph 20(b) of Schedule 2 results in the provision it inserts becoming subject to section 417(1) of the Sentencing Act 2020 (power to commence Schedule 22 to that Act).”
Schedule 2 1
Amendment text
at end insert—
In section 42 of the Gambling Act 2005 (offence of cheating at gambling)—
In section 42 of the Gambling Act 2005 (offence of cheating at gambling)—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.