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“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 | |
this Act, a youth offender panel refers an offender’s parent or | 5 |
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); | |
(b) “the parent” means the parent or guardian so referred; and | 10 |
(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 | |
court explaining why the parent is being referred to it. | 15 |
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 | |
court, a justice acting for the petty sessions area for which the court | 20 |
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 | |
the parent’s arrest. | 25 |
(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 | 30 |
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 | 35 |
(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. | 40 |
(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 | |
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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 | |
offender is aged under 16, the court shall obtain and consider | |
information about his family circumstances and the likely effect of | 5 |
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 | |
under this paragraph as they apply in relation to any other | |
parenting order. | 10 |
Appeal | |
9E (1) An appeal shall lie to the Crown Court against the making of a | |
parenting order under paragraph 9D above. | |
(2) Subsections (2) and (3) of section 10 of the Crime and Disorder | |
Act 1998 (appeals against parenting orders) apply in relation to an | 15 |
appeal under this paragraph as they apply in relation to an appeal | |
under subsection (1)(b) of that section. | |
Effect on section 20 order | |
9F (1) The making of a parenting order under paragraph 9D above is | |
without prejudice to the continuance of the order under section 20 | 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) | |
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.” | 25 |
Schedule 27 | |
Section 273 | |
Further minor and consequential amendments | |
Part 1 | |
Bail | |
Bail Act 1976 (c. 63) | 30 |
1 In Part 3 of Schedule 1 to the Bail Act 1976 (interpretation) in paragraph 2— | |
(a) for “2A” there is substituted “9AA”, and | |
(b) at the end there is inserted “or paragraph 5 of Part 2 of this Schedule | |
(as substituted by section 11(5) of the Criminal Justice Act 2003)”. | |
Supreme Court Act 1981 (c. 54) | 35 |
2 (1) Section 81 of the Supreme Court Act 1981 (bail) is amended as follows. | |
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(2) In subsection (1)(g) after “examination)” there is inserted “, section 52(5) of | |
the Crime and Disorder Act 1998 (adjournment of proceedings under section | |
51 etc)”. | |
(3) In subsection (1)(g) the word “or” at the end of sub-paragraph (ii) is omitted | |
and after that sub-paragraph there is inserted— | 5 |
“(iia) section 17C (intention as to plea: adjournment);”. | |
(4) In subsection (1)(g) after sub-paragraph (iii) there is inserted “or | |
(iiia) section 24C (intention as to plea by child or young | |
person: adjournment);”. | |
Part 2 | 10 |
Charging etc | |
Criminal Law Act 1977 (c. 45) | |
3 In section 39 of the Criminal Law Act 1977 (service of summons and citation | |
throughout United Kingdom) for subsection (1) there is substituted— | |
“(1) The following documents, namely— | 15 |
(a) a summons requiring a person charged with an offence to | |
appear before a court in England or Wales, | |
(b) a written charge (within the meaning of section 24 of the | |
Criminal Justice Act 2003) charging a person with an offence, | |
(c) a requisition (within the meaning of that section) requiring a | 20 |
person charged with an offence to appear before a court in | |
England or Wales, and | |
(d) any other document which, by virtue of any enactment, may | |
or must be served on a person with, or at the same time as, a | |
document mentioned in paragraph (a), (b) or (c) above, | 25 |
may, in such manner as may be prescribed by rules of court, be | |
served on him in Scotland or Northern Ireland.” | |
Magistrates’ Courts Act 1980 (c. 43) | |
4 The Magistrates’ Courts Act 1980 is amended as follows. | |
5 (1) Section 1 (issue of summons to accused or warrant for his arrest) is amended | 30 |
as follows. | |
(2) In subsection (3) after “section” there is inserted “upon an information being | |
laid”. | |
(3) In subsection (4) after “summons” there is inserted “, or a written charge and | |
requisition,”. | 35 |
(4) In subsection (6) after “has” there is inserted “, or a written charge and | |
requisition have,”. | |
(5) After subsection (6) there is inserted— | |
“(6A) Where the offence charged is an indictable offence and a written | |
charge and requisition have previously been issued, a warrant may | 40 |
be issued under this section by a justice of the peace upon a copy of | |
the written charge (rather than an information) being laid before the | |
justice by a public prosecutor.” | |
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(6) After subsection (7) there is inserted— | |
“(7A) For the purposes of subsection (6A) above, a copy of a written charge | |
may be laid before, and a warrant under this section may be issued | |
by, a single justice of the peace.” | |
6 In section 150(1) (interpretation of other terms) after the definition of | 5 |
“prescribed” there is inserted— | |
“public prosecutor”, “requisition” and “written charge” have the same | |
meaning as in section 24 of the Criminal Justice Act 2003;”. | |
Prosecution of Offences Act 1985 (c. 23) | |
7 (1) Section 15 of the Prosecution of Offences Act 1985 (interpretation) is | 10 |
amended as follows. | |
(2) In subsection (1) after the definition of “public authority” there is inserted— | |
““public prosecutor”, “requisition” and “written charge” have the | |
same meaning as in section 24 of the Criminal Justice Act 2003;”. | |
(3) In subsection (2), after paragraph (b) there is inserted— | 15 |
“(ba) where a public prosecutor issues a written charge and | |
requisition for the offence, when the written charge and | |
requisition are issued;”. | |
Criminal Justice (International Co-operation) Act 1990 (c. 5) | |
8 In section 2(1) of the Criminal Justice (International Co-operation) Act 1990 | 20 |
(service of United Kingdom process overseas) after paragraph (a) there is | |
inserted— | |
“(aa) a written charge and requisition (within the meaning of | |
section 24 of the Criminal Justice Act 2003) charging a person | |
with an offence and requiring that person to appear before a | 25 |
court in England and Wales; and”. | |
Criminal Justice and Public Order Act 1994 (c. 33) | |
9 (1) Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation, | |
etc, of witnesses, jurors and others) is amended as follows. | |
(2) In subsection (9), for the word “and” at the end of the definition of | 30 |
“potential” there is substituted— | |
““public prosecutor”, “requisition” and “written charge” have | |
the same meaning as in section 24 of the Criminal Justice Act | |
2003;” | |
(3) In subsection (10)(a), after sub-paragraph (i) there is inserted— | 35 |
“(ia) when a public prosecutor issues a written charge and | |
requisition in respect of the offence;”. | |
Drug Trafficking Act 1994 (c. 37) | |
10 (1) Section 60 of the Drug Trafficking Act 1994 (prosecution by order of | |
Commissioners of Customs and Excise) is amended as follows. | 40 |
(2) In subsection (6) for the word “and” at the end of the definition of “officer” | |
there is substituted— | |
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