 | |
| Supervision orders. |
71. - (1) In subsection (3) of section 12A of the 1969 Act (young offenders), after paragraph (a) there shall be inserted the following paragraph-
|
| |
 |
"(aa) to make reparation specified in the order to a person or persons so specified or to the community at large;". |
|
| |
(2) In subsection (5) of that section, for the words "subsection (3)(a) or (b)" there shall be substituted the words "subsection (3)(a), (aa) or (b)".
|
| |
(3) In subsection (7) of that section, after paragraph (a) there shall be inserted the following paragraph-
|
| |
|
"(aa) any requirement to make reparation to any person unless that person- |
| |
(i) is identified by the court as a victim of the offence or a person otherwise affected by it; and
|
| |
(ii) consents to the inclusion of the requirement; or".
|
|
| |
(4) In subsection (6) of section 12AA of the 1969 Act (requirement for young offender to live in local authority accommodation), for paragraphs (b) to (d) there shall be substituted the following paragraphs-
|
| |
|
|
| |
(i) a requirement under section 12, 12A or 12C of this Act; or
|
| |
(ii) a residence requirement;
|
| |
(c) he fails to comply with that requirement, or is found guilty of an offence committed while that order was in force; and |
| |
(d) the court is satisfied that- |
| |
(i) the failure to comply with the requirement, or the behaviour which constituted the offence, was due to a significant extent to the circumstances in which he was living; and
|
| |
(ii) the imposition of a residence requirement will assist in his rehabilitation;";
|
|
| |
and for the words "the condition in paragraph (d)" there shall be substituted the words "sub-paragraph (i) of paragraph (d)". |
| |
(5) In section 13 of the 1969 Act (selection of supervisor), subsection (2) shall cease to have effect.
|
| Breach of requirements in supervision orders. |
72. - (1) In subsection (3) of section 15 of the 1969 Act (variation and discharge of supervision orders), for paragraphs (a) and (b) there shall be substituted the following paragraphs-
|
| |
|
"(a) whether or not it also makes an order under subsection (1) above, may order him to pay a fine of an amount not exceeding £1,000, or make in respect of him an order under section 12 of the Criminal Justice Act 1991 (curfew orders) or, subject to section 16A(1) of this Act, an order under section 17 of the Criminal Justice Act 1982 (attendance centre orders); |
| |
(b) if the supervision order was made by a relevant court, may discharge the order and deal with him, for the offence in respect of which the order was made, in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made; or |
| |
(c) if the order was made by the Crown Court, may commit him in custody or release him on bail until he can be brought or appear before the Crown Court." |
|
| |
(2) For subsections (4) to (6) of that section there shall be substituted the following subsections-
|
| |
|
"(4) Where a court deals with a supervised person under subsection (3)(c) above, it shall send to the Crown Court a certificate signed by a justice of the peace giving-
|
| |
(a) particulars of the supervised person's failure to comply with the requirement in question; and |
| |
(b) such other particulars of the case as may be desirable; |
| |
and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.
|
| |
(5) Where-
|
| |
(a) by virtue of subsection (3)(c) above the supervised person is brought or appears before the Crown Court; and |
| |
(b) it is proved to the satisfaction of the court that he has failed to comply with the requirement in question, |
| |
that court may deal with him, for the offence in respect of which the order was made, in any manner in which it could have dealt with him for that offence if it had not made the order.
|
| |
(6) Where the Crown Court deals with a supervised person under subsection (5) above, it shall discharge the supervision order if it is still in force."
|
|
| |
(3) In subsections (7) and (8) of that section, for the words "or (4)" there shall be substituted the words "or (5)".
|
| |
Young offenders: detention and training orders |
| Detention and training orders. |
73. - (1) Subject to section 53 of the 1933 Act, section 8 of the Criminal Justice Act 1982 ("the 1982 Act") and subsection (2) below, where-
|
| |
(a) a child or young person ("the offender") is convicted of an offence which is punishable with imprisonment in the case of a person aged 21 or over; and |
| |
(b) the court is of the opinion that either or both of paragraphs (a) or (b) of subsection (2) of section 1 of the 1991 Act apply or the case falls within subsection (3) of that section, |
| |
the sentence that the court is to pass is a detention and training order.
|
| |
(2) A court shall not make a detention and training order-
|
| |
(a) in the case of an offender under the age of 15 at the time of the conviction, unless it is of the opinion that he is a persistent offender; |
| |
(b) in the case of an offender under the age of 12 at that time, unless- |
| |
(i) it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by him; and
|
| |
(ii) the offence was committed on or after such date as the Secretary of State may by order appoint.
|
| |
(3) A detention and training order is an order that the offender in respect of whom it is made shall be subject, for the term specified in the order, to a period of detention and training followed by a period of supervision.
|
| |
(4) A detention and training order shall be a custodial sentence for the purposes of Part I of the 1991 Act; and the provisions of sections 1 to 4 of that Act shall apply accordingly.
|
| |
(5) Subject to subsection (6) below, the term of a detention and training order shall be 4, 6, 8, 10, 12, 18 or 24 months.
|
| |
(6) The term of a detention and training order may not exceed the maximum term of imprisonment that the Crown Court could (in the case of an offender aged 21 or over) impose for the offence.
|
| |
(7) The following provisions, namely-
|
| |
(a) section 1B of the 1982 Act (detention in young offender institutions: special provision for offenders under 18); and |
| |
(b) sections 1 to 4 of the 1994 Act (secure training orders), |
| |
which are superseded by this section and sections 74 to 78 below, shall cease to have effect.
|
| Duties and powers of court. |
74. - (1) On making a detention and training order in a case where subsection (2) of section 73 above applies, it shall be the duty of the court (in addition to the duty imposed by section 1(4) of the 1991 Act) to state in open court that it is of the opinion mentioned in paragraph (a) or, as the case may be, paragraphs (a) and (b)(i) of that subsection.
|
| |
(2) Subject to subsection (3) below, where-
|
| |
(a) an offender is convicted of more than one offence for which he is liable to a detention and training order; or |
| |
(b) an offender who is subject to a detention and training order is convicted of one or more further offences for which he is liable to such an order, |
| |
the court shall have the same power to pass consecutive detention and training orders as if they were sentences of imprisonment.
|
| |
(3) A court shall not make in respect of an offender a detention and training order the effect of which would be that he would be subject to detention and training orders for a term which exceeds 24 months.
|
| |
(4) Where the term of the detention and training orders to which an offender would otherwise be subject exceeds 24 months, the excess shall be treated as remitted.
|
| |
(5) Where an offender who-
|
| |
(a) is subject to a detention and training order; and |
| |
|
| |
is convicted of one or more further offences for which he is liable to a sentence of detention in a young offender institution, the court shall have the power to pass one or more sentences of detention in a young offender institution to run consecutively to the detention and training order.
|
| |
(6) In determining the term of a detention and training order for an offence, the court shall take account of any period for which the offender has been remanded in custody in connection with the offence, or any other offence the charge for which was founded on the same facts or evidence.
|
| |
(7) The reference in subsection (6) above to an offender being remanded in custody is a reference to his being-
|
| |
(a) held in police detention; |
| |
(b) remanded in or committed to custody by an order of a court; |
| |
(c) remanded or committed to local authority accommodation under section 23 of the 1969 Act and placed and kept in secure accommodation; or |
| |
(d) remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983. |
| |
(8) A person is in police detention for the purposes of subsection (7) above-
|
| |
(a) at any time when he is in police detention for the purposes of the 1984 Act; and |
| |
(b) at any time when he is detained under section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989; |
| |
and in that subsection "secure accommodation" has the same meaning as in section 23 of the 1969 Act.
|
| |
(9) For the purpose of any reference in this section or sections 75 to 78 below to the term of a detention and training order, consecutive terms of such orders and terms of such orders which are wholly or partly concurrent shall be treated as a single term if-
|
| |
(a) the orders were made on the same occasion; or |
| |
(b) where they were made on different occasions, the offender has not been released (by virtue of subsection (2), (3), (4) or (5) of section 75 below) at any time during the period beginning with the first and ending with the last of those occasions. |
| The period of detention and training. |
75. - (1) An offender shall serve the period of detention and training under a detention and training order in such secure accommodation as may be determined by the Secretary of State or by such other person as may be authorised by him for that purpose.
|
| |
(2) Subject to subsections (3) to (5) below, the period of detention and training under a detention and training order shall be one-half of the term of the order.
|
| |
(3) The Secretary of State may at any time release the offender if he is satisfied that exceptional circumstances exist which justify the offender's release on compassionate grounds.
|
| |
(4) The Secretary of State may release the offender-
|
| |
(a) in the case of an order for a term of 8 months or more but less than 18 months, one month before the half-way point of the term of the order; and |
| |
(b) in the case of an order for a term of 18 months or more, one month or two months before that point. |
| |
(5) If the youth court so orders on an application made by the Secretary of State for the purpose, the Secretary of State shall release the offender-
|
| |
(a) in the case of an order for a term of 8 months or more but less than 18 months, one month after the half-way point of the term of the order; and |
| |
(b) in the case of an order for a term of 18 months or more, one month or two months after that point. |
| |
(6) An offender detained in pursuance of a detention and training order shall be deemed to be in legal custody.
|
| |
(7) In this section and sections 77 and 78 below "secure accommodation" means-
|
| |
(a) a secure training centre; |
| |
(b) a young offender institution; |
| |
(c) accommodation provided by a local authority for the purpose of restricting the liberty of children and young persons; |
| |
(d) accommodation provided for that purpose under subsection (5) of section 82 of the 1989 Act (financial support by the Secretary of State); or |
| |
(e) such other accommodation provided for the purpose of restricting liberty as the Secretary of State may direct. |
