Legal Aid, Sentencing and Punishment of Offenders Act 2012
Official Summary
To make provision about legal aid; to make further provision about funding legal services; to make provision about costs and other amounts awarded in civil and criminal proceedings; to make provision about sentencing offenders, including provision about release on licence or otherwise; to make provision about bail and about remand otherwise than on bail; to make provision about the employment, payment and transfer of persons detained in prisons and other institutions; to make provision about penalty notices for disorderly behaviour and cautions; and to create new offences of threatening with a weapon in public or on school premises.
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Overview
This bill, the Legal Aid, Sentencing and Punishment of Offenders Bill, focuses on amending access to legal aid, particularly for victims of domestic violence and those with industrial respiratory illnesses. Disagreements between the House of Lords and the House of Commons center around funding and the application of time limits to evidence.
Description
Access to Legal Services
The core disagreement revolves around the Lord Chancellor's power to determine access to legal services. The Lords sought to guarantee access "that effectively meet their needs," while the Commons prioritized resource management within a budget controlled by Parliament. A compromise remains elusive.
Victims of Domestic Violence
The Lords proposed removing time limits on evidence for domestic violence victims seeking civil legal aid. The Commons disagreed, preferring that such provisions be determined by future regulations. The Lords proposed a detailed list of acceptable evidence for domestic abuse.
Industrial Respiratory Diseases
The Lords sought an exception to certain sections of the bill for cases involving industrial respiratory illnesses, to protect claimants in these often complex and lengthy legal battles. The Commons disagreed, proposing instead a review by the Lord Chancellor before implementing changes in the case of diffuse mesothelioma.
Government Spending
The disagreements largely stem from concerns over the financial implications of expanding legal aid access. No specific figures are provided in the text, but both houses acknowledge the amendments would alter the financial arrangements previously agreed by the Commons.
Groups Affected
- Victims of Domestic Violence: The bill's amendments could significantly affect their access to legal aid, depending on the resolution of the ongoing disagreements regarding evidence and time limits.
- Individuals with Industrial Respiratory Illnesses: The amendments concerning respiratory diseases could significantly impact their ability to pursue legal claims, though the extent of this will be determined by the outcome of the review regarding diffuse mesothelioma.
- Legal Professionals: Changes to legal aid eligibility and funding will impact legal practitioners who provide legal aid services.
- The Lord Chancellor: This individual has the final say on how the legislation will impact access to legal services and will have responsibility for the review of the effects of the legislation.
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