Wednesday, 5 December 2012

LASPO 2012 ~ Some materials

Updated 9th March 2013


The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) is gradually being brought into force.  LASPO is one of 18 Public General Acts enacted in 2012.  On top of that, 3001 Statutory Instruments have been added.  The sheer volume of legislation is astounding and the increase seems set to continue despite calls for someone to somehow get a grip - (e.g. article by Dr Ruth Fox - Public Service 28th January 2011 - Getting a grip on legislation).

LASPO - recent commencements:

1st September  - new offence of squatting in a residential building - LASPO s.144 - Earlier post New squatting law in force 1st Sept

1st October - amendment of law relating to "Victim Surcharges"

3rd December -

new youth remand framework and amendments to adult remand provisions.  For adult defendants, the Bail Act 1976 is amended to remove the option of remand in custody in most circumstances where there is no real prospect of the defendant being imprisoned if convicted. These changes apply to adult defendants who have not been convicted. They do not apply to extradition proceedings.  Provision is also made for prosecution appeals to the High Court from a decision of the Crown Court to grant bail.


Youth Justice - new referral order provisions

Dangerous Offender provisions - ss. 122-128 and Schedules 18-22 - Earlier posts -  LASPO Part 3 Chapters 2 to 8 and  From the Party Conferences No. 2 Dangerous Offenders

New offences - s. 142 (threatening with article with blade or point or offensive weapon in public or on school premises); s.143 (causing serious injury by dangerous driving); s.146 (buying scrap metal for cash) - Earlier post - LASPO Part 3 Chapter 9 Criminal Law

Full list of LASPO provisions coming into force on 3rd December


(Added 9th March 2013) - Further commencements:

The following provisions of the Act come into force on 4th March 2013 -
(a) section 38(2) (transfer of employees and property etc of the Legal Services Commission);
(b )section 58 (regulation by Financial Services Authority);
(c) section 60 (referral fees: regulations); and
(d) Schedule 4 (transfer of employees and property etc of Legal Services Commission).

 The following provisions of the Act come into force on 1st April 2013—
(a) Part 1 (legal aid), in so far as it is not already in force, except section 19(4) (appeals against determinations by a court);
(b) section 56 (rules against referral fees);
(c) section 57 (effect of rules against referral fees);
(d) section 59 (regulators and regulated persons);
(e) Schedule 1 (civil legal services);
(f) Schedule 2 (criminal legal aid: motor vehicle orders);
(g) Schedule 3 (legal aid for legal persons);
(h) Schedule 5 (legal aid: consequential amendments); and
(i) Schedule 6 (Northern Ireland: information about financial resources).

The following provisions of the Act come into force on 8th April 2013 -
 (a) section 88 (withdrawal of warrants of control issued by fines officer);
(b) section 132 (penalty notices for disorderly behaviour);
(c) sections 133 and 134 (cautions);
(d) section 135 to 138 (youth cautions);
(e) Schedule 23 (penalty notices for disorderly behaviour); and
(f) Schedule 24 (youth cautions: consequential amendments).




Earlier posts relating to LASPO:

LASPO Part 1 - the detail

LASPO Part 2 - Litigation funding and costs

LASPO Chapter 3 Part 1 - Sentencing

LASPO Part 3 Chapters 2 to 8

LASPO Part 3 Chapter 9 Criminal Law

Earlier post New squatting law in force 1st Sept

From the Party Conferences No. 2 - Dangerous Offenders 

Legislation:

 Here is a link to the Legislation database relating to LASPO

Ministry of Justice Circulars:

Implementation of Sentencing for dangerous offenders in the Legal Aid, Sentencing and Punishment of Offenders Act 2012
Date: 4 December 2012 A circular is about the commencement of sections 122 – 128 to and Schedules 18 – 22 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012

Implementation of criminal offences in the Legal Aid, Sentencing and Punishment of Offenders Act 2012
Date: 3 December 2012 A circular providing summary and background information about sections 142 and 143 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, as well as details of the offence and penalties.

Referral Order provisions in the Legal Aid, Sentencing and Punishment of Offenders Act 2012
Date: 3 December 2012
A circular about the commencement of the new referral order provisions in Section 79 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

New youth remand framework and amendments to adult remand provisions
Date: 29 November 2012
A circular about guidance for criminal justice agencies on the new youth remand framework and amendments to adult remand provisions for commencement on 3 December 2012.

Increase and extension of the Victim Surcharge
Date: 28 September 2012
A circular about the changes to the Victim Surcharge to come into force on offences committed on or after 1 October 2012.

Commencement of offence of squatting in a residential building
Date: 22 August 2012
A circular about guidance for criminal justice agencies on the new offence of squatting in a residential building and sets out the Government's plans for commencement on 1 September 2012.

List of MoJ Circulars

Garden Court North Chambers

Summary of LASPO Part 3

5 comments:

  1. Forgive my ignorance but isn't the Victim Surcharge just a form of tax?

    ReplyDelete
    Replies
    1. Really little more than a tax. The money was said to be for services for victims - (hence victim surcharge though, strictly speaking it is just a surcharge). Some money has been applied in that direction but it is practically impossible to ascertain how much out of the total amount collected. Real victims of crime need far better - including an adequate criminal injuries compensation scheme.

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    2. Surcharge - article in Law Society Gazette - includes a link to a further article pointing out that some £593m was due in unpaid fines.

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    3. Ed (not Bystander)6 December 2012 22:18

      No, it's a FINE. On people convicted of CRIMES.

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    4. Not a FINE - it is just a surcharge introduced by legislation - the latest Statutory Instrument

      Just another way of raising money. Pity though that government cannot demonstrate that every penny has gone to victim services.

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