Criminal Justice and Immigration Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 3 — Revocation of order
113

by that requirement if, in the opinion of the court, the refusal was reasonable
having regard to all the circumstances.
Power to amend amounts of fines
10    (1)
The Secretary of State may by order amend any sum for the time being
specified in paragraph 6(2)(a)(i) or (ii) or 8(2)(a)(i) or (ii).
5
      (2)
The power conferred by sub-paragraph (1) may be exercised only if it
appears to the Secretary of State that there has been a change in the value of
money since the relevant date which justifies the change.
      (3)
In sub-paragraph (2), “the relevant date” means—
(a)
if the sum specified in paragraph 6(2)(a)(i) or (ii) or 8(2)(a)(i) or (ii) (as
10
the case may be) has been substituted by an order under that sub-
paragraph, the date on which the sum was last so substituted;
(b)
otherwise, the date on which this Act was passed.
      (4)
An order under sub-paragraph (2) (a “fine amendment order”) must not
have effect in relation to any youth rehabilitation order made in respect of
15
an offence committed before the fine amendment order comes into force.
Part 3
Revocation of order
Revocation of order with or without re-sentencing: powers of appropriate court
11    (1)
This paragraph applies where—
20
(a)
a youth rehabilitation order is in force in respect of any offender,
(b)
the order—
(i)
was made by a youth court or other magistrates’ court, or
(ii)
was made by the Crown Court and contains a direction
under paragraph 35 of Schedule 1, and
25
(c)
the offender or the responsible officer makes an application to the
appropriate court under this sub-paragraph.
      (2)
If it appears to the appropriate court to be in the interests of justice to do so,
having regard to circumstances which have arisen since the order was made,
the appropriate court may—
30
(a)
revoke the order, or
(b)
both—
(i)
revoke the order, and
(ii)
deal with the offender, for the offence in respect of which the
order was made, in any way in which the appropriate court
35
could have dealt with the offender for that offence (had the
offender been before that court to be dealt with for it).
      (3)
The circumstances in which a youth rehabilitation order may be revoked
under sub-paragraph (2) include the offender’s making good progress or
responding satisfactorily to supervision or treatment (as the case requires).
40
      (4)
In dealing with an offender under sub-paragraph (2)(b), the appropriate
court must take into account the extent to which the offender has complied
with the requirements of the youth rehabilitation order.

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 3 — Revocation of order
114

      (5)
A person sentenced under sub-paragraph (2)(b) for an offence may appeal
to the Crown Court against the sentence.
      (6)
No application may be made by the offender under sub-paragraph (1) while
an appeal against the youth rehabilitation order is pending.
      (7)
If an application under sub-paragraph (1) relating to a youth rehabilitation
5
order is dismissed, then during the period of three months beginning with
the date on which it was dismissed no further such application may be made
in relation to the order by any person except with the consent of the
appropriate court.
      (8)
In this paragraph, “the appropriate court” means—
10
(a)
if the offender is aged under 18 when the application under sub-
paragraph (1) was made, a youth court acting in the local justice area
specified in the youth rehabilitation order, and
(b)
if the offender is aged 18 or over at that time, a magistrates’ court
(other than a youth court) acting in that local justice area.
15
Revocation of order with or without re-sentencing: powers of Crown Court
12    (1)
This paragraph applies where—
(a)
a youth rehabilitation order is in force in respect of an offender,
(b)
the order—
(i)
was made by the Crown Court, and
20
(ii)
does not contain a direction under paragraph 35 of Schedule
1, and
(c)
the offender or the responsible officer makes an application to the
Crown Court under this sub-paragraph.
      (2)
If it appears to the Crown Court to be in the interests of justice to do so,
25
having regard to circumstances which have arisen since the youth
rehabilitation order was made, the Crown Court may—
(a)
revoke the order, or
(b)
both—
(i)
revoke the order, and
30
(ii)
deal with the offender, for the offence in respect of which the
order was made, in any way in which the Crown Court could
have dealt with the offender for that offence.
      (3)
The circumstances in which a youth rehabilitation order may be revoked
under sub-paragraph (2) include the offender’s making good progress or
35
responding satisfactorily to supervision or treatment (as the case requires).
      (4)
In dealing with an offender under sub-paragraph (2)(b), the Crown Court
must take into account the extent to which the offender has complied with
the youth rehabilitation order.
      (5)
No application may be made by the offender under sub-paragraph (1) while
40
an appeal against the youth rehabilitation order is pending.
      (6)
If an application under sub-paragraph (1) relating to a youth rehabilitation
order is dismissed, then during the period of three months beginning with
the date on which it was dismissed no further such application may be made
in relation to the order by any person except with the consent of the Crown
45
Court.

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 4 — Amendment of order
115

Part 4
Amendment of order
Amendment by appropriate court
13    (1)
This paragraph applies where—
(a)
a youth rehabilitation order is in force in respect of an offender,
5
(b)
the order—
(i)
was made by a youth court or other magistrates’ court, or
(ii)
was made by the Crown Court and contains a direction
under paragraph 35 of Schedule 1, and
(c)
an application for the amendment of the order is made to the
10
appropriate court by the offender or the responsible officer.
      (2)
If the appropriate court is satisfied that the offender proposes to reside, or is
residing, in a local justice area (“the new local justice area”) other than the
local justice area for the time being specified in the order, the court—
(a)
must, if the application under sub-paragraph (1)(c) was made by the
15
responsible officer, or
(b)
may, in any other case,

amend the youth rehabilitation order by substituting the new local justice
area for the area specified in the order.
      (3)
Sub-paragraph (2) is subject to paragraph 15.
20
      (4)
The appropriate court may by order amend the youth rehabilitation order—
(a)
by cancelling any of the requirements of the order, or
(b)
by replacing any of those requirements with a requirement of the
same kind which could have been included in the order when it was
made.
25
      (5)
Sub-paragraph (4) is subject to paragraph 16.
      (6)
In this paragraph, “the appropriate court” means—
(a)
if the offender is aged under 18 when the application under sub-
paragraph (1) was made, a youth court acting in the local justice area
specified in the youth rehabilitation order, and
30
(b)
if the offender is aged 18 or over at that time, a magistrates’ court
(other than a youth court) acting in that local justice area.
Amendment by Crown Court
14    (1)
This paragraph applies where—
(a)
a youth rehabilitation order is in force in respect of an offender,
35
(b)
the order—
(i)
was made by the Crown Court, and
(ii)
does not contain a direction under paragraph 35 of Schedule
1, and
(c)
an application for the amendment of the order is made to the Crown
40
Court by the offender or the responsible officer.

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 4 — Amendment of order
116

      (2)
If the Crown Court is satisfied that the offender proposes to reside, or is
residing, in a local justice area (“the new local justice area”) other than the
local justice area for the time being specified in the order, the court—
(a)
must, if the application under sub-paragraph (1)(c) was made by the
responsible officer, or
5
(b)
may, in any other case,

amend the youth rehabilitation order by substituting the new local justice
area for the area specified in the order.
      (3)
Sub-paragraph (2) is subject to paragraph 15.
      (4)
The Crown Court may by order amend the youth rehabilitation order—
10
(a)
by cancelling any of the requirements of the order, or
(b)
by replacing any of those requirements with a requirement of the
same kind which could have been included in the order when it was
made.
      (5)
Sub-paragraph (4) is subject to paragraph 16.
15
Exercise of powers under paragraph 13(2) or 14(2): further provisions
15    (1)
In sub-paragraphs (2) and (3), “specific area requirement”, in relation to a
youth rehabilitation order, means a requirement contained in the order
which, in the opinion of the court, cannot be complied with unless the
offender continues to reside in the local justice area specified in the youth
20
rehabilitation order.
      (2)
A court may not under paragraph 13(2) or 14(2) amend a youth
rehabilitation order which contains specific area requirements unless, in
accordance with paragraph 13(4) or, as the case may be, 14(4), it either—
(a)
cancels those requirements, or
25
(b)
substitutes for those requirements other requirements which can be
complied with if the offender resides in the new local justice area
mentioned in paragraph 13(2) or (as the case may be) 14(2).
      (3)
If—
(a)
the application under paragraph 13(1)(c) or 14(1)(c) was made by the
30
responsible officer, and
(b)
the youth rehabilitation order contains specific area requirements,

the court must, unless it considers it inappropriate to do so, so exercise its
powers under paragraph 13(4) or, as the case may be, 14(4) that it is not
prevented by sub-paragraph (2) from amending the order under paragraph
35
13(2) or, as the case may be, 14(2).
      (4)
The court may not under paragraph 13(2) or, as the case may be, 14(2) amend
a youth rehabilitation order imposing a programme requirement unless the
court is satisfied that a programme which—
(a)
corresponds as nearly as practicable to the programme specified in
40
the order for the purposes of that requirement, and
(b)
is suitable for the offender,

is available in the new local justice area.

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 4 — Amendment of order
117

Exercise of powers under paragraph 13(4) or 14(4): further provisions
16    (1)
Any requirement imposed under paragraph 13(4)(b) or 14(4)(b) must be
capable of being complied with before the date specified under paragraph
31(1) of Schedule 1.
      (2)
Where—
5
(a)
a youth rehabilitation order imposes a fostering requirement (the
“original requirement”), and
(b)
under paragraph 13(4)(b) or 14(4)(b) a court proposes to substitute a
new fostering requirement (“the substitute requirement”) for the
original requirement,
10

paragraph 18(2) of Schedule 1 applies in relation to the substitute
requirement as if the reference to the period of 12 months beginning with the
date on which the original requirement first had effect were a reference to
the period of 18 months beginning with that date.
      (3)
Where the offender is aged 14 or over, the court may not under paragraph
15
13(4) or 14(4) impose—
(a)
a mental health treatment requirement,
(b)
a drug treatment requirement, or
(c)
a drug testing requirement,

unless the offender has expressed willingness to comply with the
20
requirement.
      (4)
If an offender who is aged 14 or over fails to express willingness to comply
with a mental health treatment requirement, a drug treatment requirement
or a drug testing requirement which the court proposes to impose under
paragraph 13(4) or 14(4), the court may—
25
(a)
revoke the youth rehabilitation order, and
(b)
deal with the offender, for the offence in respect of which the order
was made, in any way in which that court could have dealt with the
offender for that offence (had the offender been before that court to
be dealt with for it).
30
      (5)
In dealing with the offender under sub-paragraph (4)(b), the court must take
into account the extent to which the offender has complied with the order.
Extension of unpaid work requirement
17
Where—
(a)
a youth rehabilitation order imposing an unpaid work requirement
35
is in force in respect of an offender, and
(b)
on the application of the offender or the responsible officer, it
appears to the appropriate court that it would be in the interests of
justice to do so having regard to circumstances which have arisen
since the order was made,
40

the court may, in relation to the order, extend the period of 12 months
specified in paragraph 10(6) of Schedule 1.

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 5 — Powers of court in relation to order following subsequent conviction
118

Part 5
Powers of court in relation to order following subsequent conviction
Powers of magistrates’ court following subsequent conviction
18    (1)
This paragraph applies where—
(a)
a youth rehabilitation order is in force in respect of an offender, and
5
(b)
the offender is convicted of an offence (the “further offence”) by a
youth court or other magistrates’ court (“the convicting court”).
      (2)
Sub-paragraphs (3) and (4) apply where—
(a)
the youth rehabilitation order—
(i)
was made by a youth court or other magistrates’ court, or
10
(ii)
was made by the Crown Court and contains a direction
under paragraph 35 of Schedule 1, and
(b)
the convicting court is dealing with the offender for the further
offence.
      (3)
The convicting court may revoke the order.
15
      (4)
Where the convicting court revokes the order under sub-paragraph (3), it
may deal with the offender, for the offence in respect of which the order was
made, in any way in which it could have dealt with the offender for that
offence (had the offender been before that court to be dealt with for the
offence).
20
      (5)
The convicting court may not exercise its powers under sub-paragraph (3) or
(4) unless it considers that it would be in the interests of justice to do so,
having regard to circumstances which have arisen since the youth
rehabilitation order was made.
      (6)
In dealing with an offender under sub-paragraph (4), the sentencing court
25
must take into account the extent to which the offender has complied with
the order.
      (7)
A person sentenced under sub-paragraph (4) for an offence may appeal to
the Crown Court against the sentence.
      (8)
Sub-paragraph (9) applies where—
30
(a)
the youth rehabilitation order was made by the Crown Court and
contains a direction under paragraph 35 of Schedule 1, and
(b)
the convicting court would, but for that sub-paragraph, deal with the
offender for the further offence.
      (9)
The convicting court may, instead of proceeding under sub-paragraph (3)—
35
(a)
commit the offender in custody, or
(b)
release the offender on bail,

until the offender can be brought before the Crown Court.
     (10)
Sub-paragraph (11) applies if the youth rehabilitation order was made by the
Crown court and does not contain a direction under paragraph 35 of
40
Schedule 1.
     (11)
The convicting court may—
(a)
commit the offender in custody, or

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 6 — Supplementary
119

(b)
release the offender on bail,

until the offender can be brought or appear before the Crown Court.
     (12)
Where the convicting court deals with an offender’s case under sub-
paragraph (9) or (11), it must send to the Crown Court such particulars of the
case as may be desirable.
5
Powers of Crown Court following subsequent conviction
19    (1)
This paragraph applies where—
(a)
a youth rehabilitation order is in force in respect of an offender, and
(b)
the offender—
(i)
is convicted by the Crown Court of an offence, or
10
(ii)
is brought or appears before the Crown Court by virtue of
paragraph 18(9) or (11) or having been committed by the
magistrates’ court to the Crown Court for sentence.
      (2)
The Crown Court may revoke the order.
      (3)
Where the Crown Court revokes the order under sub-paragraph (2), the
15
Crown Court may deal with the offender, for the offence in respect of which
the order was made, in any way in which the court which made the order
could have dealt with the offender for that offence.
      (4)
The Crown Court must not exercise its powers under sub-paragraph (2) or
(3) unless it considers that it would be in the interests of justice to do so,
20
having regard to circumstances which have arisen since the youth
rehabilitation order was made.
      (5)
In dealing with an offender under sub-paragraph (3), the Crown Court must
take into account the extent to which the offender has complied with the
order.
25
      (6)
If the offender is brought or appears before the Crown Court by virtue of
paragraph 18(9) or (11), the Crown Court may deal with the offender for the
further offence in any way which the convicting court could have dealt with
the offender for that offence.
      (7)
In sub-paragraph (6), “further offence” and “the convicting court” have the
30
same meanings as in paragraph 18.
Part 6
Supplementary
Appearance of offender before court
20    (1)
Subject to sub-paragraph (2), where, otherwise than on the application of the
35
offender, a court proposes to exercise its powers under Part 3, 4 or 5 of this
Schedule, the court—
(a)
must summon the offender to appear before the court, and
(b)
if the offender does not appear in answer to the summons, may issue
a warrant for the offender’s arrest.
40
      (2)
Sub-paragraph (1) does not apply where a court proposes to make an
order—