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Jury service | |
265 Jury service | |
Schedule 25 (jury service) shall have effect. | |
Individual support orders | |
266 Individual support orders | 5 |
After section 1A of the Crime and Disorder Act 1998 (c. 37) there is inserted— | |
“1AA Individual support orders | |
(1) Where a court makes an anti-social behaviour order in respect of a | |
defendant who is a child or young person when that order is made, it | |
must consider whether the individual support conditions are fulfilled. | 10 |
(2) If it is satisfied that those conditions are fulfilled, the court must make | |
an order under this section (“an individual support order”) which— | |
(a) requires the defendant to comply, for a period not exceeding six | |
months, with such requirements as are specified in the order; | |
and | 15 |
(b) requires the defendant to comply with any directions given by | |
the responsible officer with a view to the implementation of the | |
requirements under paragraph (a) above. | |
(3) The individual support conditions are— | |
(a) that an individual support order would be desirable in the | 20 |
interests of preventing any repetition of the kind of behaviour | |
which led to the making of the anti-social behaviour order; | |
(b) that the defendant is not already subject to an individual | |
support order; and | |
(c) that the court has been notified by the Secretary of State that | 25 |
arrangements for implementing individual support orders are | |
available in the area in which it appears to it that the defendant | |
resides or will reside and the notice has not been withdrawn. | |
(4) If the court is not satisfied that the individual support conditions are | |
fulfilled, it shall state in open court that it is not so satisfied and why it | 30 |
is not. | |
(5) The requirements that may be specified under subsection (2)(a) above | |
are those that the court considers desirable in the interests of | |
preventing any repetition of the kind of behaviour which led to the | |
making of the anti-social behaviour order. | 35 |
(6) Requirements included in an individual support order, or directions | |
given under such an order by a responsible officer, may require the | |
defendant to do all or any of the following things— | |
(a) to participate in activities specified in the requirements or | |
directions at a time or times so specified; | 40 |
(b) to present himself to a person or persons so specified at a place | |
or places and at a time or times so specified; | |
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(c) to comply with any arrangements for his education so specified. | |
(7) But requirements included in, or directions given under, such an order | |
may not require the defendant to attend (whether at the same place or | |
at different places) on more than two days in any week; and “week” | |
here means a period of seven days beginning with a Sunday. | 5 |
(8) Requirements included in, and directions given under, an individual | |
support order shall, as far as practicable, be such as to avoid— | |
(a) any conflict with the defendant’s religious beliefs; and | |
(b) any interference with the times, if any, at which he normally | |
works or attends school or any other educational establishment. | 10 |
(9) Before making an individual support order, the court shall obtain from | |
a social worker of a local authority social services department or a | |
member of a youth offending team any information which it considers | |
necessary in order— | |
(a) to determine whether the individual support conditions are | 15 |
fulfilled, or | |
(b) to determine what requirements should be imposed by an | |
individual support order if made, | |
and shall consider that information. | |
(10) In this section and section 1AB below “responsible officer”, in relation | 20 |
to an individual support order, means one of the following who is | |
specified in the order, namely— | |
(a) a social worker of a local authority social services department; | |
(b) a person nominated by a person appointed as chief education | |
officer under section 532 of the Education Act 1996 (c. 56); | 25 |
(c) a member of a youth offending team. | |
1AB Individual support orders: explanation, breach, amendment etc | |
(1) Before making an individual support order, the court shall explain to | |
the defendant in ordinary language— | |
(a) the effect of the order and of the requirements proposed to be | 30 |
included in it; | |
(b) the consequences which may follow (under subsection (3) | |
below) if he fails to comply with any of those requirements; and | |
(c) that the court has power (under subsection (6) below) to review | |
the order on the application either of the defendant or of the | 35 |
responsible officer. | |
(2) The power of the Secretary of State under section 158(4) of the Criminal | |
Justice Act 2003 includes power by order to— | |
(a) prescribe cases in which subsection (1) above does not apply; | |
and | 40 |
(b) prescribe cases in which the explanation referred to in that | |
subsection may be made in the absence of the defendant, or may | |
be provided in written form. | |
(3) If the person in respect of whom an individual support order is made | |
fails without reasonable excuse to comply with any requirement | 45 |
included in the order, he is guilty of an offence and liable on summary | |
conviction to a fine not exceeding— | |
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(a) if he is aged 14 or over at the date of his conviction, £1,000; | |
(b) if he is aged under 14 then, £250. | |
(4) No referral order under section 16(2) or (3) of the Powers of Criminal | |
Courts (Sentencing) Act 2000 (referral of young offenders to youth | |
offender panels) may be made in respect of an offence under subsection | 5 |
(3) above. | |
(5) If the anti-social behaviour order as a result of which an individual | |
support order was made ceases to have effect, the individual support | |
order (if it has not previously ceased to have effect) ceases to have effect | |
when the anti-social behaviour order does. | 10 |
(6) On an application made by complaint by— | |
(a) the person subject to an individual support order, or | |
(b) the responsible officer, | |
the court which made the individual support order may vary or | |
discharge it by a further order. | 15 |
(7) If the anti-social behaviour order as a result of which an individual | |
support order was made is varied, the court varying the anti-social | |
behaviour order may by a further order vary or discharge the | |
individual support order.” | |
267 Individual support orders: consequential amendments | 20 |
(1) The Crime and Disorder Act 1998 (c. 37) is amended as mentioned in | |
subsections (2) to (5). | |
(2) In section 4 of that Act (appeals against orders)— | |
(a) in subsection (1) after “an anti-social behaviour order” there is inserted | |
“, an individual support order”, and | 25 |
(b) in subsection (3) after “1(8)” there is inserted “, 1AB(6)”. | |
(3) In section 18(1) of that Act (interpretation of Chapter 1)— | |
(a) after the definition of “curfew notice” there is inserted— | |
““individual support order” has the meaning given by section | |
1AA(2) above;”, and | 30 |
(b) in the definition of “responsible officer”, before paragraph (a) there is | |
inserted— | |
“(za) in relation to an individual support order, has the | |
meaning given by section 1AA(10) above;”. | |
(4) In section 18(4) of that Act (cases where social worker or member of a youth | 35 |
offending team to give supervision or directions)— | |
(a) after “directions under” there is inserted “an individual support order | |
or”, and | |
(b) for “the child or, as the case may be, the parent” there is substituted “the | |
child, defendant or parent, as the case may be,”. | 40 |
(5) In section 38 of that Act (local provision of youth justice services), in subsection | |
(4)(f) after “in relation to” there is inserted “individual support orders,”. | |
(6) In section 143(2) (provisions in which sums may be altered) of the Magistrates’ | |
Courts Act 1980 (c. 43), after paragraph (d) there is inserted— | |
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“(da) section 1AB(3) of the Crime and Disorder Act 1998 (failure to | |
comply with individual support order);”. | |
Parenting orders and referral orders | |
268 Parenting orders and referral orders | |
Schedule 26 (parenting orders and referral orders) shall have effect. | 5 |
Assessing etc. risks posed by sexual or violent offenders | |
269 Arrangements for assessing etc risks posed by certain offenders | |
(1) In this section— | |
“relevant sexual or violent offender” has the meaning given by section | |
271; | 10 |
“responsible authority”, in relation to any area, means the chief officer of | |
police, the local probation board for that area and the Minister of the | |
Crown exercising functions in relation to prisons, acting jointly. | |
(2) The responsible authority for each area must establish arrangements for the | |
purpose of assessing and managing the risks posed in that area by— | 15 |
(a) relevant sexual and violent offenders, and | |
(b) other persons who, by reason of offences committed by them (wherever | |
committed), are considered by the responsible authority to be persons | |
who may cause serious harm to the public. | |
(3) In establishing those arrangements, the responsible authority must act in co- | 20 |
operation with the persons specified in subsection (6); and it is the duty of | |
those persons to co-operate in the establishment by the responsible authority | |
of those arrangements, to the extent that such co-operation is compatible with | |
the exercise by those persons of their functions under any other enactment. | |
(4) Co-operation under subsection (3) may include the exchange of information. | 25 |
(5) The responsible authority for each area (“the relevant area”) and the persons | |
specified in subsection (6) must together draw up a memorandum setting out | |
the ways in which they are to co-operate. | |
(6) The persons referred to in subsections (3) and (5) are— | |
(a) every youth offending team established for an area any part of which | 30 |
falls within the relevant area, | |
(b) the Ministers of the Crown exercising functions in relation to social | |
security, child support, war pensions, employment and training, | |
(c) every local housing authority or social services authority any part of | |
whose area falls within the relevant area, | 35 |
(d) every registered social landlord which provides or manages residential | |
accommodation in the relevant area in which persons falling within | |
subsection (2)(a) or (b) reside or may reside, | |
(e) every Health Authority or Strategic Health Authority any part of | |
whose area falls within the relevant area, | 40 |
(f) every Primary Care Trust or Local Health Board any part of whose area | |
falls within the relevant area, | |
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(g) every NHS trust any part of whose area falls within the relevant area, | |
and | |
(h) every person who is designated by the Secretary of State by order for | |
the purposes of this paragraph as a provider of electronic monitoring | |
services. | 5 |
(7) The Secretary of State may by order amend subsection (6) by adding or | |
removing any person or description of person. | |
(8) The Secretary of State may issue guidance to responsible authorities on the | |
discharge of the functions conferred by this section and section 270. | |
(9) In this section— | 10 |
“local housing authority” has the same meaning as in the Housing Act | |
1985 (c. 68); | |
“Minister of the Crown” has the same meaning as in the Ministers of the | |
Crown Act 1975 (c. 26); | |
“NHS trust” has the same meaning as in the National Health Service Act | 15 |
1977 (c. 49); | |
“prison” has the same meaning as in the Prison Act 1952 (c. 52); | |
“registered social landlord” has the same meaning as in Part 1 of the | |
Housing Act 1996 (c. 52); | |
“social services authority” means a local authority for the purposes of the | 20 |
Local Authority Social Services Act 1970 (c. 42). | |
270 Review of arrangements | |
(1) The responsible authority for each area must keep the arrangements | |
established by it under section 269 under review with a view to monitoring | |
their effectiveness and making any changes to them that appear necessary or | 25 |
expedient. | |
(2) The responsible authority for any area must exercise their functions under | |
subsection (1) in consultation with persons appointed by the Secretary of State | |
as lay advisers in relation to that authority. | |
(3) The Secretary of State must appoint two lay advisers under subsection (2) in | 30 |
relation to each responsible authority. | |
(4) The responsible authority must pay to or in respect of the persons so appointed | |
such allowances as the Secretary of State may determine. | |
(5) As soon as practicable after the end of each period of 12 months beginning with | |
1 April, the responsible authority for each area must— | 35 |
(a) prepare a report on the discharge by it during that period of the | |
functions conferred by section 269 and this section, and | |
(b) publish the report in that area. | |
(6) The report must include— | |
(a) details of the arrangements established by the responsible authority, | 40 |
and | |
(b) information of such descriptions as the Secretary of State has notified to | |
the responsible authority that he wishes to be included in the report. | |
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