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Criminal Justice Bill


Criminal Justice Bill
Schedule 22 — Jury service

    267

 

              “(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,

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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”.

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  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—

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                    (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

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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.

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              (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—

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              “(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—

 

 

Criminal Justice Bill
Schedule 22 — Jury service

    268

 

                    (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

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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

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                    (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

 

 

Criminal Justice Bill
Schedule 22 — Jury service

    269

 

                      (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

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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;

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                      (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,

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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.”

 

 

Criminal Justice Bill
Schedule 23 — Parenting orders and referral orders

    270

 

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

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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—

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                    (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

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(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—

 

 

Criminal Justice Bill
Schedule 23 — Parenting orders and referral orders

    271

 

                    (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

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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);

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                      (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

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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

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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

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the parent’s arrest.

 

 

Criminal Justice Bill
Schedule 23 — Parenting orders and referral orders

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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

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                      (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.

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                           (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

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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.

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              (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

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          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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Revised 21 November 2002