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“(2A) Without prejudice to subsection (2) above, the appropriate officer | |
shall excuse a full-time serving member of Her Majesty’s naval, | |
military or air forces from attending in pursuance of a summons if— | |
(a) that member’s commanding officer certifies to the | |
appropriate officer that it would be prejudicial to the | 5 |
efficiency of the service if that member were to be required to | |
be absent from duty, and | |
(b) subsection (2A) or (2B) of section 9A of this Act applies. | |
(2B) Subsection (2A) above does not affect the application of subsection | |
(2) above to a full-time serving member of Her Majesty’s naval, | 10 |
military or air forces in a case where he is not entitled to be excused | |
under subsection (2A).” | |
6 In section 9(3) (discretionary excusal) after “above” there is inserted “or any | |
failure by the appropriate officer to excuse him as required by subsection | |
(2A) above”. | 15 |
7 In section 9A(1) (discretionary deferral) after “may” there is inserted “, | |
subject to subsection (2) below,”. | |
8 After section 9A(1) (discretionary deferral) there is inserted— | |
“(1A) Without prejudice to subsection (1) above and subject to subsection | |
(2) below, the appropriate officer— | 20 |
(a) shall defer the attendance of a full-time serving member of | |
Her Majesty’s naval, military or air forces in pursuance of a | |
summons if subsection (1B) below applies, and | |
(b) for this purpose, shall vary the dates upon which that | |
member is summoned to attend and the summons shall have | 25 |
effect accordingly. | |
(1B) This subsection applies if that member’s commanding officer | |
certifies to the appropriate officer that it would be prejudicial to the | |
efficiency of the service if that member were to be required to be | |
absent from duty. | 30 |
(1C) Nothing in subsection (1A) or (1B) above shall affect the application | |
of subsection (1) above to a full-time serving member of Her | |
Majesty’s naval, military or air forces in a case where subsection (1B) | |
does not apply.” | |
9 For section 9A(2) (discretionary deferral) there is substituted— | 35 |
“(2) The attendance of a person in pursuance of a summons shall not be | |
deferred under subsection (1) or (1A) above if subsection (2A) or (2B) | |
below applies.” | |
10 After section 9A(2) (discretionary deferral) there is inserted— | |
“(2A) This subsection applies where a deferral of the attendance of the | 40 |
person in pursuance of the summons has previously been made or | |
refused under subsection (1) above or has previously been made | |
under subsection (1A) above. | |
(2B) This subsection applies where— | |
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(a) the person is a full-time serving member of Her Majesty’s | |
naval, military or air forces, and | |
(b) in addition to certifying to the appropriate officer that it | |
would be prejudicial to the efficiency of the service if that | |
member were to be required to be absent from duty, that | 5 |
member’s commanding officer certifies that this position is | |
likely to remain for any period specified for the purpose of | |
this subsection in guidance issued under section 9AA of this | |
Act.” | |
11 In section 9A(3) (discretionary deferral) after “above” there is inserted “or | 10 |
any failure by the appropriate officer to defer his attendance as required by | |
subsection (1A) above”. | |
12 After section 9A (discretionary deferral) there is inserted— | |
“9AA Requirement to issue guidance | |
(1) The Lord Chancellor shall issue guidance as to the manner in which | 15 |
the functions of the appropriate officer under sections 9 and 9A of | |
this Act are to be exercised. | |
(2) The Lord Chancellor shall— | |
(a) lay before each House of Parliament the guidance, and any | |
revised guidance, issued under this section, and | 20 |
(b) arrange for the guidance, or revised guidance, to be | |
published in a manner which he considers appropriate.” | |
13 In section 19 (payment for jury service), after subsection (1) there is | |
inserted— | |
“(1A) The reference in subsection (1) above to payments by way of | 25 |
allowance for subsistence includes a reference to vouchers and other | |
benefits which may be used to pay for subsistence, whether or not | |
their use is subject to any limitations.” | |
14 In section 20 (offences), for subsection (5)(d) there is substituted— | |
“(d) knowing that he is disqualified under Part 2 of Schedule 1 to | 30 |
this Act, serves on a jury;” | |
15 For Schedule 1 (ineligibility and disqualification for and excusal from jury | |
service) there is substituted— | |
“Schedule 1 | |
Mentally disordered persons and persons disqualified for jury service | 35 |
Part 1 | |
Mentally disordered persons | |
A person who suffers or has suffered from mental illness, | |
psychopathic disorder, mental handicap or severe mental | |
handicap and on account of that condition either— | 40 |
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(a) is resident in a hospital or similar institution; or | |
(b) regularly attends for treatment by a medical practitioner. | |
A person for the time being under guardianship under section 7 of | |
the Mental Health Act 1983. | |
A person who, under Part 7 of that Act, has been determined by a | 5 |
judge to be incapable, by reason of mental disorder, of managing | |
and administering his property and affairs. | |
(In this Part— | |
(a) “mental handicap” means a state of arrested or incomplete | |
development of mind (not amounting to severe mental | 10 |
handicap) which includes significant impairment of | |
intelligence and social functioning; | |
(b) “severe mental handicap” means a state of arrested or | |
incomplete development of mind which includes severe | |
impairment of intelligence and social functioning; | 15 |
(c) other expressions are to be construed in accordance with | |
the Mental Health Act 1983.) | |
Part 2 | |
Persons disqualified | |
A person who has at any time been sentenced in the United | 20 |
Kingdom, the Channel Islands or the Isle of Man— | |
(a) to imprisonment for life, custody for life, detention for life, | |
imprisonment for public protection, detention for public | |
protection, an extended sentence under section 207 of the | |
Criminal Justice Act 2003 or to a term of imprisonment, | 25 |
youth custody or detention of five years or more; or | |
(b) to be detained during Her Majesty’s pleasure, during the | |
pleasure of the Secretary of State or during the pleasure of | |
the Governor of Northern Ireland. | |
A person who at any time in the last ten years has, in the United | 30 |
Kingdom or the Channel Islands or the Isle of Man— | |
(a) served any part of a sentence of imprisonment, youth | |
custody or detention; or | |
(b) been detained in a young offender institution; or | |
(c) had passed on him or (as the case may be) made in respect | 35 |
of him a suspended sentence of imprisonment or order for | |
detention; or | |
(d) had made in respect of him a community service order, a | |
community punishment order or a community order as | |
defined in section 160 of the Criminal Justice Act 2003. | 40 |
A person who at any time in the last five years has, in the United | |
Kingdom, the Channel Islands or the Isle of Man, had made in | |
respect of him a probation order or a community rehabilitation | |
order.” | |
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Schedule 23 | |
Section 261 | |
Parenting orders and referral orders | |
Crime and Disorder Act 1998 (c. 37) | |
1 In section 8 of the Crime and Disorder Act 1998 (parenting orders), in | |
subsection (2) the words from “and to section 19(5)” to “2000” shall cease to | 5 |
have effect. | |
2 (1) Section 9 of that Act (parenting orders: supplemental) is amended as | |
follows. | |
(2) For subsection (1A) there is substituted— | |
“(1A) The requirements of subsection (1) do not apply where the court | 10 |
makes a referral order in respect of the offence.” | |
(3) After subsection (2) there is inserted— | |
“(2A) In a case where a court proposes to make both a referral order in | |
respect of a child or young person convicted of an offence and a | |
parenting order, before making the parenting order the court shall | 15 |
obtain and consider a report by an appropriate officer— | |
(a) indicating the requirements proposed by that officer to be | |
included in the parenting order; | |
(b) indicating the reasons why he considers those requirements | |
would be desirable in the interests of preventing the | 20 |
commission of any further offence by the child or young | |
person; and | |
(c) if the child or young person is aged under 16, containing the | |
information required by subsection (2) above. | |
(2B) In subsection (2A) above “an appropriate officer” means— | 25 |
(a) an officer of a local probation board; | |
(b) a social worker of a local authority social services | |
department; or | |
(c) a member of a youth offending team.” | |
(4) After subsection (7) there is inserted— | 30 |
“(7A) In this section “referral order” means an order under section 16(2) or | |
(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (referral | |
of offender to youth offender panel).” | |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | |
3 In section 19(5) of the Powers of Criminal Courts (Sentencing) Act 2000 | 35 |
(orders that cannot be made with referral orders)— | |
(a) at the end of paragraph (a) there is inserted “or”, and | |
(b) paragraph (c) (parenting orders) and the word “or” immediately | |
preceding it shall cease to have effect. | |
4 In section 22 of that Act (referral orders: attendance at panel meetings), after | 40 |
subsection (2) there is inserted— | |
“(2A) If— | |
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(a) a parent or guardian of the offender fails to comply with an | |
order under section 20 above (requirement to attend the | |
meetings of the panel), and | |
(b) the offender is aged under 18 at the time of the failure, | |
the panel may refer that parent or guardian to a youth court acting | 5 |
for the petty sessions area in which it appears to the panel that the | |
offender resides or will reside.” | |
5 (1) Section 28 of that Act (which introduces Schedule 1) is amended as follows. | |
(2) In the sidenote, for “Offender referred back to court or” there is substituted | |
“Offender or parent referred back to court: offender”. | 10 |
(3) After paragraph (a) there is inserted— | |
“(aa) in Part 1A makes provision for what is to happen when a | |
youth offender panel refers a parent or guardian to the court | |
under section 22(2A) above, and”. | |
6 In Schedule 1 to that Act (youth offender panels: further court proceedings), | 15 |
after Part 1 there is inserted— | |
“Part 1a | |
referral of parent or guardian for breach of section 20 order | |
Introductory | |
9A (1) This Part of this Schedule applies where, under section 22(2A) of | 20 |
this Act, a youth offender panel refers an offender’s parent or | |
guardian to a youth court. | |
(2) In this Part of this Schedule— | |
(a) “the offender” means the offender whose parent or | |
guardian is referred under section 22(2A); | 25 |
(b) “the parent” means the parent or guardian so referred; and | |
(c) “the youth court” means a youth court as mentioned in | |
section 22(2A). | |
Mode of referral to court | |
9B The panel shall make the referral by sending a report to the youth | 30 |
court explaining why the parent is being referred to it. | |
Bringing the parent before the court | |
9C (1) Where the youth court receives such a report it shall cause the | |
parent to appear before it. | |
(2) For the purpose of securing the attendance of the parent before the | 35 |
court, a justice acting for the petty sessions area for which the court | |
acts may— | |
(a) issue a summons requiring the parent to appear at the | |
place and time specified in it; or | |
(b) if the report is substantiated on oath, issue a warrant for | 40 |
the parent’s arrest. | |
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(3) Any summons or warrant issued under sub-paragraph (2) above | |
shall direct the parent to appear or be brought before the youth | |
court. | |
Power of court to make parenting order: application of supplemental provisions | |
9D (1) Where the parent appears or is brought before the youth court | 5 |
under paragraph 9C above, the court may make a parenting order | |
in respect of the parent if— | |
(a) it is proved to the satisfaction of the court that the parent | |
has failed without reasonable excuse to comply with the | |
order under section 20 of this Act; and | 10 |
(b) the court is satisfied that the parenting order would be | |
desirable in the interests of preventing the commission of | |
any further offence by the offender. | |
(2) In this Part of this Schedule “parenting order” has the meaning | |
given by section 8(4) of the Crime and Disorder Act 1998. | 15 |
(3) The requirements that may be specified under section 8(4)(a) of | |
that Act as applied by sub-paragraph (2) above are those which | |
the court considers desirable in the interests of preventing the | |
commission of any further offence by the offender. | |
(4) Before making a parenting order under this paragraph where the | 20 |
offender is aged under 16, the court shall obtain and consider | |
information about his family circumstances and the likely effect of | |
the order on those circumstances. | |
(5) Sections 8(3), (5) and (8), 9(3) to (7) and 18(3) and (4) of the Crime | |
and Disorder Act 1998 apply in relation to a parenting order made | 25 |
under this paragraph as they apply in relation to any other | |
parenting order. | |
Appeal | |
9E (1) An appeal shall lie to the Crown Court against the making of a | |
parenting order under paragraph 9D above. | 30 |
(2) Subsections (2) and (3) of section 10 of the Crime and Disorder | |
Act 1998 (appeals against parenting orders) apply in relation to an | |
appeal under this paragraph as they apply in relation to an appeal | |
under subsection (1)(b) of that section. | |
Effect on section 20 order | 35 |
9F (1) The making of a parenting order under paragraph 9D above is | |
without prejudice to the continuance of the order under section 20 | |
of this Act. | |
(2) Section 63(1) to (4) of the Magistrates’ Courts Act 1980 (power of | |
magistrates’ court to deal with person for breach of order, etc) | 40 |
apply (as well as section 22(2A) of this Act and this Part of this | |
Schedule) in relation to an order under section 20 of this Act.” | |
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