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 6 — Supplementary
120

(a)
revoking a youth rehabilitation order,
(b)
cancelling, or reducing the duration of, a requirement of a youth
rehabilitation order, or
(c)
substituting a new local justice area or place for one specified in a
youth rehabilitation order.
5
Warrants
21    (1)
Sub-paragraph (2) applies where an offender is arrested in pursuance of a
warrant issued by virtue of this Schedule and cannot be brought
immediately before the court before which the warrant directs the offender
to be brought (“the relevant court”).
10
      (2)
The person in whose custody the offender is—
(a)
may make arrangements for the offender’s detention in a place of
safety for a period of not more than 72 hours from the time of the
arrest, and
(b)
must within that period bring the offender before a magistrates’
15
court.
      (3)
In the case of a warrant issued by the Crown Court, section 81(5) of the
Supreme Court Act 1981 (c. 54) (duty to bring person before magistrates’
court) does not apply.
      (4)
A person who is detained under arrangements made under sub-paragraph
20
(2)(a) is deemed to be in legal custody.
      (5)
In sub-paragraph (2)(a) “place of safety” has the same meaning as in the
Children and Young Persons Act 1933.
      (6)
Sub-paragraphs (7) to (10) apply where, under sub-paragraph (2), the
offender is brought before a court (“the alternative court”) which is not the
25
relevant court.
      (7)
If the relevant court is a magistrates’ court—
(a)
the alternative court may—
(i)
direct that the offender be released forthwith, or
(ii)
remand the offender, and
30
(b)
for the purposes of paragraph (a), section 128 of the Magistrates’
Courts Act 1980 (c. 43) (remand in custody or on bail) has effect as if
the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the
relevant court.
      (8)
If the relevant court is the Crown Court, section 43A of that Act (functions of
35
magistrates’ court where a person in custody is brought before it with a view
to appearance before the Crown Court) applies as if, in subsection (1)—
(a)
the words “issued by the Crown Court” were omitted, and
(b)
the reference to section 81(5) of the Supreme Court Act 1981 were a
reference to sub-paragraph (2)(b).
40
      (9)
Any power to remand the offender in custody which is conferred by section
43A or 128 of the Magistrates’ Courts Act 1980 is to be taken to be a power—
(a)
if the offender is aged under 18, to remand the offender to
accommodation provided by or on behalf of a local authority, and
(b)
in any other case, to remand the offender to a prison.
45

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 6 — Supplementary
121

     (10)
Where the court remands the offender to accommodation provided by or on
behalf of a local authority, the court must designate, as the authority which
is to receive the offender, the local authority for the area in which it appears
to the court that the offender resides.
Adjournment of proceedings
5
22    (1)
This paragraph applies to any hearing relating to an offender held by a
youth court or other magistrates’ court in any proceedings under this
Schedule.
      (2)
The court may adjourn the hearing, and, where it does so, may—
(a)
direct that the offender be released forthwith, or
10
(b)
remand the offender.
      (3)
Where the court remands the offender under sub-paragraph (2)—
(a)
it must fix the time and place at which the hearing is to be resumed,
and
(b)
that time and place must be the time and place at which the offender
15
is required to appear or be brought before the court by virtue of the
remand.
      (4)
Where the court adjourns the hearing under sub-paragraph (2) but does not
remand the offender—
(a)
it may fix the time and place at which the hearing is to be resumed,
20
but
(b)
if it does not do so, must not resume the hearing unless it is satisfied
that the offender, the responsible officer and, if the offender is aged
under 14, a parent or guardian of the offender have had adequate
notice of the time and place of the resumed hearing.
25
      (5)
The powers of a magistrates’ court under this paragraph may be exercised
by a single justice of the peace, notwithstanding anything in the Magistrates’
Courts Act 1980 (c. 43).
      (6)
This paragraph—
(a)
applies to any hearing in any proceedings under this Schedule in
30
place of section 10 of the Magistrates’ Courts Act 1980 (adjournment
of trial) where that section would otherwise apply, but
(b)
is not to be taken to affect the application of that section to hearings
of any other description.
Restrictions on imposition of intensive supervision and surveillance or fostering
35
23
Subsection (4), and the provisions mentioned in subsection (6), of section 1
apply in relation to a power conferred by paragraph 6(2)(b), 8(2)(b), 13(4)(b)
or 14(4)(b) to impose a requirement as they apply in relation to any power
conferred by section 1 or Part 1 of Schedule 1 to make a youth rehabilitation
order which includes such a requirement.
40
Provision of copies of orders etc.
24    (1)
Where a court makes an order under this Schedule revoking or amending a
youth rehabilitation order, the proper officer of the court must forthwith—

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 6 — Supplementary
122

(a)
provide copies of the revoking or amending order to the offender
and, if the offender is aged under 14, to the offender’s parent or
guardian,
(b)
provide a copy of the revoking or amending order to the responsible
officer,
5
(c)
in the case of an amending order which substitutes a new local justice
area, provide copies of the amending order to—
(i)
the local probation board acting for that area, and
(ii)
the magistrates’ court acting in that area,
(d)
in the case of an amending order which imposes or cancels a
10
requirement specified in the first column of the Table in paragraph
33(6) of Schedule 1, provide a copy of so much of the amending order
as relates to that requirement to the person specified in relation to
that requirement in the second column of that Table,
(e)
in the case of an order which revokes a requirement specified in the
15
first column of that Table, provide a copy of the revoking order to the
person specified in relation to that requirement in the second column
of that Table, and
(f)
if the court is a magistrates’ court acting in a local justice area other
than the area specified in the youth rehabilitation order, provide a
20
copy of the revoking or amending order to a magistrates’ court
acting in the local justice area specified in the order.
      (2)
Where under sub-paragraph (1)(c) the proper officer of the court provides a
copy of an amending order to a magistrates’ court acting in a different area,
the officer must also provide to that court such documents and information
25
relating to the case as appear likely to be of assistance to a court acting in that
area in the exercise of its functions in relation to the order.
      (3)
In this paragraph “proper officer” means—
(a)
in relation to a magistrates’ court, the designated officer for the court,
and
30
(b)
in relation to the Crown Court, the appropriate officer.
Power to amend maximum period of fostering requirement
25
The Secretary of State may by order amend paragraph 6(9), 8(9) or 16(2) by
substituting, for—
(a)
the period of 18 months specified in the provision, or
35
(b)
any other period which may be so specified by virtue of a previous
order under this paragraph,

such other period as may be specified in the order.

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland
123

Schedule 3
Section 3

Transfer of youth rehabilitation orders to Northern Ireland
Part 1
Making or amendment of a youth rehabilitation order where offender resides
or proposes to reside in Northern Ireland
5
Making of youth rehabilitation order where offender resides or will reside in Northern Ireland
1     (1)
This paragraph applies where a court considering the making of a youth
rehabilitation order is satisfied that the offender—
(a)
resides in Northern Ireland, or
(b)
will reside there when the order takes effect.
10
      (2)
The court may not make a youth rehabilitation order in respect of the
offender unless it appears to the court that—
(a)
in the case of an order imposing a requirement mentioned in sub-
paragraph (6), the conditions in sub-paragraphs (3), (4) and (5) are
satisfied, or
15
(b)
in any other case, that the conditions in sub-paragraphs (3) and (4)
are satisfied.
      (3)
The condition in this sub-paragraph is satisfied if the number of hours, days
or months in respect of which any requirement of the order is imposed is no
greater than the number of hours, days or months which may be imposed by
20
a court in Northern Ireland in respect of a similar requirement in the order
which the court proposes to specify as the corresponding order under
paragraph 3(b).
      (4)
The condition in this sub-paragraph is satisfied if suitable arrangements for
the offender’s supervision can be made by the Probation Board for Northern
25
Ireland or any other body designated by the Secretary of State by order.
      (5)
The condition in this sub-paragraph is satisfied in relation to an order
imposing a requirement mentioned in sub-paragraph (6) if—
(a)
arrangements exist for persons to comply with such a requirement in
the petty sessions district in Northern Ireland in which the offender
30
resides, or will be residing when the order takes effect, and
(b)
provision can be made for the offender to comply with the
requirement under those arrangements.
      (6)
The requirements referred to in sub-paragraphs (2)(a) and (5) are—
(a)
an activity requirement (including an extended activity
35
requirement);
(b)
an unpaid work requirement;
(c)
a programme requirement;
(d)
an attendance centre requirement;
(e)
a mental health treatment requirement;
40
(f)
a drug treatment requirement;
(g)
a drug testing requirement;
(h)
an education requirement;
(i)
an electronic monitoring requirement.

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland
124

      (7)
The court may not by virtue of this paragraph require a local authority
residence requirement or a fostering requirement to be complied with in
Northern Ireland.
Amendment of youth rehabilitation order where offender resides or proposes to reside in
Northern Ireland
5
2     (1)
This paragraph applies where the appropriate court for the purposes of
paragraph 13(2) of Schedule 2 (amendment by reason of change of
residence) or the Crown Court is satisfied that an offender in respect of
whom a youth rehabilitation order is in force is residing or proposes to
reside in Northern Ireland.
10
      (2)
The power of the court to amend the order under Part 4 of Schedule 2
includes power to amend it by requiring it to be complied with in Northern
Ireland if it appears to the court that—
(a)
in the case of an order which once amended will impose a
requirement mentioned in sub-paragraph (6), that the conditions in
15
sub-paragraphs (3), (4) and (5) are satisfied, or
(b)
in any other case, that the conditions in sub-paragraphs (3) and (4)
are satisfied.
      (3)
The condition in this sub-paragraph is satisfied if the number of hours, days
or months in respect of which any requirement of the order is imposed is no
20
greater than the number of hours, days or months which may be imposed by
a court in Northern Ireland in respect of a similar requirement in the order
which the court proposes to specify as the corresponding order under
paragraph 3(b).
      (4)
The condition in this sub-paragraph is satisfied if suitable arrangements for
25
the offender’s supervision can be made by the Probation Board for Northern
Ireland or any other body designated by the Secretary of State by order.
      (5)
The condition in this sub-paragraph is satisfied in relation to an order that
will impose a requirement mentioned in sub-paragraph (6) if—
(a)
arrangements exist for persons to comply with such a requirement in
30
the petty sessions district in Northern Ireland in which the offender
resides, or will be residing when the amendment to the order takes
effect, and
(b)
provision can be made for the offender to comply with the
requirement under those arrangements.
35
      (6)
The requirements referred to in sub-paragraphs (2)(a) and (5) are—
(a)
an activity requirement (including an extended activity
requirement);
(b)
an unpaid work requirement;
(c)
a programme requirement;
40
(d)
an attendance centre requirement;
(e)
a mental health treatment requirement;
(f)
a drug treatment requirement;
(g)
a drug testing requirement;
(h)
an education requirement;
45
(i)
an electronic monitoring requirement.

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland
125

      (7)
The court may not by virtue of this paragraph require a local authority
residence requirement or a fostering requirement to be complied with in
Northern Ireland.
Further provisions regarding the making or amending of youth rehabilitation orders under
paragraphs 1 or 2
5
3
A youth rehabilitation order made or amended in accordance with
paragraph 1 or 2 must—
(a)
specify the petty sessions district in Northern Ireland in which the
offender resides or will be residing when the order or amendment
takes effect, and
10
(b)
specify as the corresponding order for the purposes of this Schedule
an order that may be made by a court in Northern Ireland,

and paragraph 32 of Schedule 1 (local justice area to be specified in order)
does not apply in relation to an order so made or amended.
4     (1)
Before making or amending a youth rehabilitation order in accordance with
15
paragraph 1 or 2, the court must explain to the offender in ordinary
language—
(a)
the requirements of the legislation in Northern Ireland relating to the
order to be specified under paragraph 3(b),
(b)
the powers of the home court under that legislation, as modified by
20
Part 2 of this Schedule, and
(c)
its own powers under Part 2 of this Schedule.
      (2)
The court which makes or amends the order must—
(a)
provide the persons mentioned in sub-paragraph (3) with a copy of
the order as made or amended, and
25
(b)
provide the home court with such other documents and information
relating to the case as it considers likely to be of assistance to that
court;

and sub-paragraphs (1) to (5) of paragraph 33 of Schedule 1 (provision of
copies of orders) do not apply.
30
      (3)
The persons referred to in sub-paragraph (2)(a) are—
(a)
the offender,
(b)
where the offender is aged under 14—
(i)
the offender’s parent or guardian, or
(ii)
if an authority in Northern Ireland has parental
35
responsibility for, and is looking after, the offender, the
authority, or
(iii)
if a local authority in England or Wales has parental
responsibility for the offender and the offender is in its care
or is provided with accommodation by it in the exercise of
40
any social services functions, the local authority,
(c)
the body which is to make suitable arrangements for the offender’s
supervision under the order, and
(d)
the home court.
      (4)
In sub-paragraph (3)(b)(ii)—
45
(a)
“authority” has the meaning given by Article 2 of the Children
(Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland
126

(b)
references to an offender who is looked after by an authority are to
be construed in accordance with Article 25 of that Order, and
(c)
“parental responsibility” has the same meaning as in that Order.
      (5)
In sub-paragraph (3)(b)(iii)—
(a)
“social services functions”, in relation to a local authority, has the
5
meaning given by section 1A of the Local Authority Social Services
Act 1970 (c. 42), and
(b)
“parental responsibility” has the same meaning as in the Children
Act 1989 (c. 41).
      (6)
In this paragraph, “home court” has the meaning given by paragraph 8.
10
Modifications to Part 1
5     (1)
Where a court is considering the making or amendment of a youth
rehabilitation order by virtue of paragraph 1 or 2, Part 1 of this Act (youth
rehabilitation orders) has effect subject to the following modifications.
      (2)
The following provisions of Schedule 1 are omitted—
15
(a)
in paragraph 8(3)(a) (activity requirement: further provisions), the
words “a member of a youth offending team or”,
(b)
paragraphs 8(3)(c), 10(3)(b) and 12(3)(a) (availability of
arrangements in local area: activity requirement, unpaid work
requirement and attendance centre requirement),
20
(c)
paragraph 16(7) (residence requirement: restriction on requiring
residence at hostel or institution), and
(d)
paragraphs 18(7), 22(4)(a), 23(3)(a) and 25(6) and (7) (availability of
arrangements in local area: fostering requirement, drug treatment
and testing requirements and electronic monitoring requirement).
25
      (3)
In paragraph 12 of Schedule 1 (attendance centre requirement) any reference
to an attendance centre has effect as a reference to an attendance centre as
defined by Article 50(1) of the Criminal Justice (Children) (Northern Ireland)
Order 1998 (S.I. 1998/1504 (N.I. 9)).
      (4)
In paragraph 20 of that Schedule (mental health treatment requirement), for
30
sub-paragraph (2)(a) there is substituted—
“(a)
treatment as a resident patient at such hospital as may be
specified in the order, being a hospital within the meaning
of the Health and Personal Social Services (Northern
Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)), approved by
35
the Department of Health, Social Services and Public
Safety for the purposes of paragraph 4(3) of Schedule 1 to
the Criminal Justice (Northern Ireland) Order 1996 (S.I.
1996/3160 (N.I. 24));”.
      (5)
In paragraphs 24 (education requirement) and 33(6) (additional persons to
40
whom court must give a copy of the order) of that Schedule, any reference
to a local education authority (except in sub-paragraph (6) of paragraph 24)
has effect as a reference to an Education and Library Board established
under Article 3 of the Education and Libraries (Northern Ireland) Order 1986
(S.I. 1986/594 (N.I. 3)).
45
      (6)
In paragraph 25 of that Schedule (electronic monitoring requirements:
common provisions) sub-paragraph (5) is omitted.