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 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 2 — Provisions relating to an order made or amended under Part 1
127

      (7)
Paragraph 35 of that Schedule has effect as if it required the Crown Court,
where it makes a direction under that paragraph, to specify the youth court
or other magistrates’ court in England and Wales which is to be the relevant
court in England or Wales for the purposes of Part 2 of this Schedule.
      (8)
Any reference to the responsible officer has effect as a reference to the person
5
who is to be responsible for the offender’s supervision under the order.
Meaning of “supervision”
6
In this Part of this Schedule “supervision”, in relation to a youth
rehabilitation order which a court is considering making or amending in
accordance with paragraph 1 or 2, means the performance of supervisory,
10
enforcement and other related functions conferred by the legislation which
has effect in Northern Ireland relating to corresponding orders of the kind
which the court proposes to specify under paragraph 3(b).
Part 2
Provisions relating to an order made or amended under Part 1
15
Application of this Part
7
This Part of this Schedule applies where a youth rehabilitation order is made
or amended in accordance with Part 1 of this Schedule.
Interpretation
8
In this Part of this Schedule, in relation to the youth rehabilitation order—
20
“corresponding order” means the order specified under paragraph
3(b);
“home court” means—
(a)
the court of summary jurisdiction acting for the petty
sessions district in Northern Ireland in which the offender
25
resides or proposes to reside, or
(b)
where the youth rehabilitation order was made or amended
by the Crown Court and the Crown Court in Northern
Ireland has not made a direction under paragraph 11, the
Crown Court in Northern Ireland;
30
“supervision” means the performance of supervisory, enforcement and
other related functions conferred by the legislation which has effect
in Northern Ireland relating to the corresponding order;
“the relevant court in England or Wales” means—
(a)
the court in England and Wales which made or which last
35
amended the order, or
(b)
if the order was made by the Crown Court and includes a
direction under paragraph 35 of Schedule 1, such youth court
or other magistrates’ court as may be specified in the order;
“the relevant officer” means the person responsible for the offender’s
40
supervision under the order.

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 2 — Provisions relating to an order made or amended under Part 1
128

Effect of the youth rehabilitation order in Northern Ireland
9     (1)
The youth rehabilitation order is to be treated in Northern Ireland as if it
were a corresponding order and the legislation which has effect in Northern
Ireland in relation to such orders applies accordingly.
      (2)
Sub-paragraph (1) is subject to paragraphs 12 to 16.
5
Duty of offender to keep in touch with relevant officer
10
In section 5(5) (duty of offender to keep in touch with responsible officer),
references to the responsible officer are to be read as references to the
relevant officer.
Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before
10
a court of summary jurisdiction
11
Where the youth rehabilitation order was made or amended by the Crown
Court, the Crown Court in Northern Ireland may direct that any
proceedings in Northern Ireland in relation to the order be before the court
of summary jurisdiction acting for the petty sessions district in which the
15
offender resides or proposes to reside.
Powers of the home court in respect of the youth rehabilitation order
12
The home court may exercise in relation to the youth rehabilitation order
any power which it could exercise in relation to a corresponding order made
by a court in Northern Ireland, by virtue of the legislation relating to such
20
orders which has effect there, except the following—
(a)
any power to discharge or revoke the order (other than a power to
revoke the order where the offender has been convicted of a further
offence and the court has imposed a custodial sentence),
(b)
any power to deal with the offender for the offence in respect of
25
which the order was made, and
(c)
in the case of a youth rehabilitation order imposing a curfew
requirement, any power to vary the order by substituting for the
period specified in it any longer period than the court which made
the order could have specified.
30
13    (1)
The home court may require the offender to appear before the relevant court
in England or Wales if sub-paragraph (2) or (3) applies.
      (2)
This sub-paragraph applies where it appears to the home court upon a
complaint being made to a lay magistrate acting for the petty sessions
district for the time being specified in the order that the offender has failed
35
to comply with one or more requirements of the order.
      (3)
This sub-paragraph applies where it appears to the home court, on the
application of the offender or the relevant officer, that it would be in the
interests of justice for a power conferred by any of paragraphs 11 to 14 of
Schedule 2 to be exercised.
40
14
Where an offender is required by virtue of paragraph 13 to appear before the
relevant court in England or Wales—
(a)
the home court must send to that court a certificate certifying that the
offender has failed to comply with such of the requirements of the

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
129

order as may be specified in the certificate, together with such other
particulars of the case as may be desirable, and
(b)
a certificate purporting to be signed by the clerk of the home court
(or, if the home court is the Crown Court in Northern Ireland, by the
chief clerk) is admissible as evidence of the failure before the relevant
5
court in England or Wales.
Powers of court in England or Wales before which the offender is required to appear
15
Where an offender is required by virtue of paragraph 13 to appear before the
relevant court in England or Wales, that court may—
(a)
issue a warrant for the offender’s arrest, and
10
(b)
exercise any power which it could exercise in respect of the youth
rehabilitation order if the offender resided in England or Wales,

and any enactment relating to the exercise of such powers has effect
accordingly, and with any reference to the responsible officer being read as
a reference to the relevant officer.
15
16    (1)
Paragraph 15(b) does not enable the relevant court in England or Wales to
amend the youth rehabilitation order unless it appears to the court that the
conditions in paragraph 2(2)(a) and (b) are satisfied in relation to any
requirement to be imposed.
      (2)
The preceding paragraphs of this Schedule have effect in relation to the
20
amendment of the youth rehabilitation order by virtue of paragraph 15(b) as
they have effect in relation to the amendment of such an order by virtue of
paragraph 2(2).
Power to amend provisions of Schedule in consequence of changes to the law in Northern
Ireland
25
17    (1)
This paragraph applies where a change is made to the law in Northern
Ireland adding further descriptions of orders to the kinds of orders which a
court in that jurisdiction may impose in dealing with an offender aged under
18 at the time of conviction.
      (2)
The Secretary of State may by order make such amendments to any of the
30
preceding provisions of this Schedule as appear expedient in consequence of
the change.
Schedule 4
Section 6

Youth rehabilitation orders: consequential and related amendments
Part 1
35
Consequential amendments
Children and Young Persons Act 1933 (c. 12)
1
The Children and Young Persons Act 1933 has effect subject to the following
amendments.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
130

2     (1)
Section 34 (attendance at court of parent of child or young person charged
with an offence, etc.) is amended as follows.
      (2)
In subsection (7), omit “section 163 of the Powers of Criminal Courts
(Sentencing) Act 2000 or”.
      (3)
After subsection (7A) insert—
5
“(7B)
If it appears that at the time of his arrest a youth rehabilitation order,
as defined in Part 1 of the Criminal Justice and Immigration Act 2007,
is in force in respect of him, the responsible officer, as defined in
section 4 of that Act, shall also be informed as described in subsection
(3) above as soon as it is reasonably practicable to do so.”
10
3     (1)
Section 49 (restrictions on reports of proceedings in which children or young
persons are concerned) is amended as follows.
      (2)
In subsection (2), for paragraphs (c) and (d) substitute—
“(c)
proceedings in a magistrates’ court under Schedule 2 to the
Criminal Justice and Immigration Act 2007 (proceedings for
15
breach, revocation or amendment of youth rehabilitation
orders);
(d)
proceedings on appeal from a magistrates’ court arising out
of any proceedings mentioned in paragraph (c) (including
proceedings by way of case stated).”
20
      (3)
In subsection (4A), omit paragraph (d) (but not the word “or” immediately
following it).
      (4)
In subsection (10), for the words from “Schedule 7” to “supervision orders)”
substitute the words “Schedule 2 to the Criminal Justice and Immigration
Act 2007 (proceedings for breach, revocation or amendment of youth
25
rehabilitation orders)”.
      (5)
In subsection (13), omit paragraph (c)(i).
Criminal Appeal Act 1968 (c. 19)
4
In section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in
other cases dealt with at assizes or quarter sessions), for paragraph (b)
30
substitute—
“(b)
having been given a suspended sentence or made the subject
of—
(i)
an order for conditional discharge,
(ii)
a youth rehabilitation order within the meaning of
35
Part 1 of the Criminal Justice and Immigration Act
2007, or
(iii)
a community order within the meaning of Part 12 of
the Criminal Justice Act 2003,

appears or is brought before the Crown Court to be further
40
dealt with for the offence.”
Firearms Act 1968 (c. 27)
5
The Firearms Act 1968 has effect subject to the following amendments.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
131

6
In section 21(3ZA)(a) (possession of firearms by persons previously
convicted of crime), after “2003”, insert “, or a youth rehabilitation order
within the meaning of Part 1 of the Criminal Justice and Immigration Act
2007,”.
7
In section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of
5
certificate by convicting court), after “2003”, insert “, or a youth
rehabilitation order within the meaning of Part 1 of the Criminal Justice and
Immigration Act 2007,”.
Health Services and Public Health Act 1968 (c. 46)
8
The Health Services and Public Health Act 1968 has effect subject to the following
10
amendments.
9
In section 64(3)(a) (financial assistance by the Secretary of State to certain
voluntary organisations)—
(a)
in paragraph (xxi) of the definition of “the relevant enactments”, for
“sections 63 to 66 and 92 of, and Schedules 6 and 7 to,” substitute “section
15
92 of”, and
(b)
after that paragraph, insert—
“(xxii)
Part 1 of the Criminal Justice and Immigration Act 2007;”.
10
In section 65(3)(b) (financial and other assistance by local authorities to certain
voluntary organisations), for paragraph (xxii) of the definition of “relevant
20
enactments” substitute—
“(xxii)
Part 1 of the Criminal Justice and Immigration Act 2007;”.
Children and Young Persons Act 1969 (c. 54)
11
The Children and Young Persons Act 1969 has effect subject to the following
amendments.
25
12    (1)
Section 32 (detention of absentees) is amended as follows.
      (2)
In subsection (1A)—
(a)
in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of
Criminal Courts (Sentencing) Act 2000” substitute “paragraph 21(2)
of Schedule 2 to the Criminal Justice and Immigration Act 2007”,
30
(b)
in paragraph (b)(i), for “under paragraph 5 of Schedule 6 to that Act”
substitute “by virtue of a youth rehabilitation order imposing a local
authority residence requirement (within the meaning of Part 1 of the
Criminal Justice and Immigration Act 2007)”, and
(c)
in paragraph (b)(ii), for “paragraph 7(5) of Schedule 7 to that Act”
35
substitute “paragraph 21 of Schedule 2 to that Act”.
      (3)
For subsection (1C) substitute—
“(1C)
In this section “the responsible person” means, as the case may be—
(a)
the person who made the arrangements under paragraph
21(2) of Schedule 2 to the Criminal Justice and Immigration
40
Act 2007;
(b)
the authority specified under paragraph 17(5) of Schedule 1
to the Criminal Justice and Immigration Act 2007;
(c)
the authority designated under paragraph 21(10) of Schedule
2 to the Criminal Justice and Immigration Act 2007; or
45

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
132

(d)
the authority designated under section 23 of this Act.”
      (4)
After subsection (1C) insert—
“(1D)
If a child or young person—
(a)
is required to reside with a local authority foster parent by
virtue of a youth rehabilitation order with fostering, and
5
(b)
is absent, without the consent of the responsible officer
(within the meaning of Part 1 of the Criminal Justice and
Immigration Act 2007), from the place in which he is required
to reside,

he may be arrested by a constable anywhere in the United Kingdom
10
without a warrant.
(1E)
A person so arrested shall be conducted to—
(a)
the place where he is required to reside, or
(b)
such other place as the local authority specified under
paragraph 18(3) of Schedule 1 to the Criminal Justice and
15
Immigration Act 2007 may direct,

at that local authority’s expense.”
      (5)
In subsection (2), for “or (1A)” substitute “, (1A) or (1D)”.
      (6)
In subsection (2A), for “or (1A)(a) or (b)(i) or (ii)” substitute “, (1A)(a) or (b)(i)
or (ii) or (1D)”.
20
      (7)
In subsection (2B)—
(a)
after “subsection (1A)” insert “or (1D)”, and
(b)
at the end insert “or the responsible officer, as the case may be.”
      (8)
In subsection (3), for “or (1A)” substitute “, (1A) or (1D)”.
      (9)
In subsection (4), after “(1A)” insert “, (1D)”.
25
13
In section 70(1) (interpretation)—
(a)
omit the definition of “supervision order”, and
(b)
after the definition of “youth offending team” insert—
““youth rehabilitation order” and “youth rehabilitation
order with fostering” have the same meanings as in
30
Part 1 of the Criminal Justice and Immigration Act
2007 (see section 1 of that Act);”.
Rehabilitation of Offenders Act 1974 (c. 53)
14
The Rehabilitation of Offenders Act 1974 has effect subject to the following
amendments.
35
15
In section 5(5) (rehabilitation periods for particular sentences) after
paragraph (d) insert—
“(da)
a youth rehabilitation order under Part 1 of the Criminal
Justice and Immigration Act 2007;”.
16
In section 7(2)(d) (limitations on rehabilitation under this Act, etc.), for
40
“supervision order under the Powers of Criminal Courts (Sentencing) Act
2000” substitute “youth rehabilitation order under Part 1 of the Criminal
Justice and Immigration Act 2007”.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
133

Bail Act 1976 (c. 63)
17
In section 4(3) of the Bail Act 1976 (general right to bail of accused persons
and others)—
(a)
omit the words “to be dealt with”, and
(b)
for paragraph (a), substitute—
5
“(a)
Schedule 2 to the Criminal Justice and Immigration
Act 2007 (breach, revocation or amendment of youth
rehabilitation orders), or”.
Magistrates’ Courts Act 1980 (c. 43)
18
In Schedule 6A to the Magistrates’ Courts Act 1980 (fines that may be altered
10
under section 143), omit the entries relating to Schedules 3, 5 and 7 to the
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
Contempt of Court Act 1981 (c. 49)
19
In section 14 of the Contempt of Court Act 1981 (proceedings in England and
Wales), omit the subsection (2A) inserted by the Criminal Justice Act 1982
15
(c. 48).
Criminal Justice Act 1982
20
Part 3 of Schedule 13 to the Criminal Justice Act 1982 (reciprocal
arrangements for transfer of community service orders from Northern
Ireland) has effect subject to the following amendments.
20
21    (1)
Paragraph 7 (transfer to England and Wales) is amended as follows.
      (2)
In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such
orders” substitute “an unpaid work requirement of a community order
under section 177 of the Criminal Justice Act 2003 or youth rehabilitation
order under section 1 of the Criminal Justice and Immigration Act 2007”.
25
      (3)
In sub-paragraph (2)(b)—
(a)
after “a community order” insert “or a youth rehabilitation order”,
and
(b)
omit “(within the meaning of Part 12 of the Criminal Justice Act
2003)”.
30
      (4)
In sub-paragraph (3)—
(a)
for “A community service order” substitute “An adult community
service order”, and
(b)
in paragraph (b)—
(i)
omit “within the meaning of Part 12 of the Criminal Justice
35
Act 2003”, and
(ii)
for “by that Part of that Act” substitute “by Part 12 of the
Criminal Justice Act 2003”.
      (5)
After sub-paragraph (3) insert—
    “(4)
A youth community service order made or amended in
40
accordance with this paragraph shall—