House of Commons portcullis
House of Commons
Session 2006 - 07
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill


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

134

 

(a)   

specify the local justice area in England or Wales in which

the offender resides or will be residing when the order or

the amendment comes into force; and

(b)   

require—

(i)   

the local probation board for that area established

5

under section 4 of the Criminal Justice and Court

Services Act 2000, or

(ii)   

a youth offending team established under section

39 of the Crime and Disorder Act 1998 by a local

authority for the area in which the offender resides

10

or will be residing when the order or amendment

comes into force,

   

to appoint or assign an officer of the board or, as the case

may be, a member of the team who will discharge in

respect of the order the functions in respect of youth

15

rehabilitation orders conferred on responsible officers by

Part 1 of the Criminal Justice and Immigration Act 2007.”

22    (1)  

Paragraph 9 (general provision) is amended as follows.

      (2)  

In sub-paragraph (3)—

(a)   

in paragraph (a)—

20

(i)   

for “a community service order” substitute “an adult

community service order”;

(ii)   

omit “under section 177 of the Criminal Justice Act 2003”;

(iii)   

for “of that Act” substitute “of the Criminal Justice Act 2003”,

and

25

(b)   

before “and” at the end of that paragraph insert—

“(aa)   

a youth community service order made or

amended in the circumstances specified in

paragraph 7 above shall be treated as if it were a

youth rehabilitation order made in England and

30

Wales and the provisions of Part 1 of the Criminal

Justice and Immigration Act 2007 shall apply

accordingly;”.

      (3)  

In sub-paragraph (4)(a)—

(a)   

after “community orders” insert “or youth rehabilitation orders”,

35

and

(b)   

omit “(within the meaning of Part 12 of the Criminal Justice Act

2003)”.

      (4)  

In sub-paragraph (5)—

(a)   

after “community order” insert “or youth rehabilitation order”, and

40

(b)   

omit “(within the meaning of Part 12 of the Criminal Justice Act

2003)”.

      (5)  

In sub-paragraph (6)—

(a)   

after “community orders” insert “or youth rehabilitation orders”,

(b)   

omit “(within the meaning of Part 12 of the Criminal Justice Act

45

2003)”, and

(c)   

in paragraph (b)(i), after “2003” insert “or, as the case may be, 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

135

 

23         

After that paragraph insert—

“Community service orders relating to persons residing in England and Wales:

interpretation

10         

In paragraphs 7 and 9 above—

“adult community service order” means a community service

5

order made in respect of an offender who was aged at least

18 when convicted of the offence in respect of which the

order is made;

“community order” means an order made under section 177

of the Criminal Justice Act 2003;

10

“youth community service order” means a community

service order made in respect of an offender who was aged

under 18 when convicted of the offence in respect of which

the order is made;

“youth rehabilitation order” means an order made under

15

section 1 of the Criminal Justice and Immigration Act

2007.”

Mental Health Act 1983 (c. 20)

24         

In section 37(8) of the Mental Health Act 1983 (powers of courts to order

hospital admission or guardianship)—

20

(a)   

in paragraph (a), after “Criminal Justice Act 2003)” insert “or a youth

rehabilitation order (within the meaning of Part 1 of the Criminal

Justice and Immigration Act 2007)”, and

(b)   

in paragraph (c), omit the words “a supervision order (within the

meaning of that Act) or”.

25

Child Abduction Act 1984 (c. 37)

25         

In paragraph 2(1) of the Schedule to the Child Abduction Act 1984

(modifications of section 1 for children in certain cases)—

(a)   

in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of

Criminal Courts (Sentencing) Act 2000” substitute “paragraph 21(2)

30

of Schedule 2 to the Criminal Justice and Immigration Act 2007”, and

(b)   

in paragraph (b), after “1969” insert “or paragraph 21 of Schedule 2

to the Criminal Justice and Immigration Act 2007”.

Prosecution of Offences Act 1985 (c. 23)

26    (1)  

Section 19 of the Prosecution of Offences Act 1985 (provision for orders as to

35

costs in other circumstances) is amended as follows.

      (2)  

In subsection (3B)(b)(i), for the words from “in a community order” to “that

Act” substitute “a mental health treatment requirement in a community

order or youth rehabilitation order”.

      (3)  

After subsection (3B) insert—

40

“(3C)   

For the purposes of subsection (3B)(b)(i)—

“community order” has the same meaning as in Part 12 of the

Criminal Justice Act 2003;

 

 

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

136

 

“mental health treatment requirement” means—

(a)   

in relation to a community order, a mental health

treatment requirement under section 207 of the

Criminal Justice Act 2003, and

(b)   

in relation to a youth rehabilitation order, a mental

5

health treatment requirement under paragraph 20 of

Schedule 1 to the Criminal Justice and Immigration

Act 2007;

“youth rehabilitation order” has the same meaning as in Part 1

of the Criminal Justice and Immigration Act 2007.”

10

Children Act 1989 (c. 41)

27         

The Children Act 1989 has effect subject to the following amendments.

28    (1)  

Section 21 (provision of accommodation for children in police protection or

detention or on remand, etc.) is amended as follows.

      (2)  

In subsection (2)(c)—

15

(a)   

in sub-paragraph (i), omit “paragraph 7(5) of Schedule 7 to the

Powers of Criminal Courts (Sentencing) Act 2000 or” and “or” at the

end of that sub-paragraph, and

(b)   

for sub-paragraph (ii), substitute—

“(ii)   

remanded to accommodation provided by or

20

on behalf of a local authority by virtue of

paragraph 21 of Schedule 2 to the Criminal

Justice and Immigration Act 2007 (breach etc.

of youth rehabilitation orders); or

(iii)   

the subject of a youth rehabilitation order

25

imposing a local authority residence

requirement or a youth rehabilitation order

with fostering,”.

      (3)  

After subsection (2) insert—

“(2A)   

In subsection (2)(c)(iii), the following terms have the same meanings

30

as in Part 1 of the Criminal Justice and Immigration Act 2007(see

section 7 of that Act)—

   

“local authority residence requirement”;

   

“youth rehabilitation order”;

   

“youth rehabilitation order with fostering”.”

35

29         

In section 31(7)(b) (care and supervision orders), for sub-paragraph (ii)

substitute—

“(ii)   

a youth rehabilitation order within the meaning of

Part 1 of the Criminal Justice and Immigration Act

2007; or”.

40

30         

In section 105(6) (interpretation)—

(a)   

in paragraph (b), omit from the words “or an” to the end of the

paragraph, and

(b)   

after that paragraph insert—

“(ba)   

in accordance with the requirements of a youth

45

rehabilitation order under Part 1 of the Criminal

Justice and Immigration Act 2007; or”.

 

 

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

137

 

31    (1)  

Part 3 of Schedule 3 (education supervision orders) is amended as follows.

      (2)  

In paragraph 13(2), for paragraph (c) substitute—

“(c)   

a youth rehabilitation order made under Part 1 of the

Criminal Justice and Immigration Act 2007 with respect to

the child, while the education supervision order is in force,

5

may not include an education requirement (within the

meaning of that Part);”.

      (3)  

In paragraph 14—

(a)   

in sub-paragraph (1), for “order under section 63(1) of the Powers of

Criminal Courts (Sentencing) Act 2000” substitute “youth

10

rehabilitation order (within the meaning of Part 1 of the Criminal

Justice and Immigration Act 2007)”, and

(b)   

in sub-paragraph (2), after “direction” (in the second place it occurs)

insert “or instruction”.

Criminal Justice Act 1991 (c. 53)

15

32         

Part 3 of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation

orders from Northern Ireland to England and Wales) has effect subject to the

following amendments.

33    (1)  

Paragraph 10 is amended as follows.

      (2)  

In sub-paragraph (2)(b), for the words from “the local probation board” to

20

the end substitute “—

(i)   

the local probation board for the area which

contains the local justice area in which he resides or

will reside, or

(ii)   

a youth offending team established by a local

25

authority for the area in which he resides or will

reside,”, and

      (3)  

In sub-paragraph (3)(a), for the words from “an officer of a local probation

board” to the end substitute “—

(i)   

an officer of a local probation board assigned to the

30

local justice area in England and Wales in which

the offender resides or will be residing when the

order or amendment comes into force, or

(ii)   

a member of a youth offending team established by

a local authority for the area in England and Wales

35

in which the offender resides or will then be

residing;”.

34    (1)  

Paragraph 11 is amended as follows.

      (2)  

In sub-paragraph (2)—

(a)   

for “a probation order” substitute “an adult probation order”,

40

(b)   

in paragraph (a), omit “under section 177 of the Criminal Justice Act

2003”, and

(c)   

in paragraph (b), for “of that Act” substitute “of the Criminal Justice

Act 2003”.

 

 

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

138

 

      (3)  

After that sub-paragraph insert—

   “(2A)  

Where a youth probation order is made or amended in any of the

circumstances specified in paragraph 10 above then, subject to the

following provisions of this paragraph—

(a)   

the order shall be treated as if it were a youth rehabilitation

5

order made in England and Wales, and

(b)   

the provisions of Part 1 of the Criminal Justice and

Immigration Act 2007 shall apply accordingly.”

      (4)  

In sub-paragraph (3)—

(a)   

for paragraph (a) substitute—

10

“(a)   

the requirements of the legislation relating to

community orders or, as the case may be, youth

rehabilitation orders;”;

(b)   

in paragraph (b), for “Schedule 8 to that Act” substitute “that

legislation”.

15

      (5)  

In sub-paragraph (4)—

(a)   

after “a community order” insert “or, as the case may be, a youth

rehabilitation order”,

(b)   

omit “under section 177 of the Criminal Justice Act 2003”, and

(c)   

for “to that Act” substitute “to the Criminal Justice Act 2003 or by

20

paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and

Immigration Act 2007”.

      (6)  

In sub-paragraph (5)—

(a)   

after “2003” insert “or, as the case may be, Part 1 of the Criminal

Justice and Immigration Act 2007”, and

25

(b)   

in paragraph (b), after “local probation board” insert “or, as the case

may be, member of a youth offending team”.

      (7)  

In sub-paragraph (8)—

(a)   

after “In this paragraph” insert—

““adult probation order” means a probation order

30

made in respect of an offender who was aged at

least 18 when convicted of the offence in respect of

which the order is made;

“community order” means an order made under

section 177 of the Criminal Justice Act 2003;”;

35

(b)   

at the end insert—

““youth probation order” means a probation order

made in respect of an offender who was aged

under 18 when convicted of the offence in respect

of which the order is made;

40

“youth rehabilitation order” means an order made

under section 1 of the Criminal Justice and

Immigration Act 2007.”

Criminal Justice and Public Order Act 1994 (c. 33)

35         

In section 136 of the Criminal Justice and Public Order Act 1994 (cross-

45

border enforcement: execution of warrants), in subsection (7A), after “youth

 

 

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

139

 

offender panel)” insert “or under Schedule 2 to the Criminal Justice and

Immigration Act 2007 (youth rehabilitation orders: breach etc.)”.

Education Act 1996 (c. 56)

36         

In section 562(2)(b) of the Education Act 1996 (Act not to apply to persons

detained under order of a court), for “community order under section 177 of

5

the Criminal Justice Act 2003” substitute “youth rehabilitation order under

section 1 of the Criminal Justice and Immigration Act 2007”.

Crime and Disorder Act 1998 (c. 37)

37         

The Crime and Disorder Act 1998 has effect subject to the following

amendments.

10

38         

In section 38(4) (local provision of youth justice services)—

(a)   

in paragraph (f), for “, reparation orders and action plan orders”

substitute “and reparation orders”,

(b)   

after paragraph (f) insert—

“(fa)   

the provision of persons to act as responsible officers

15

in relation to youth rehabilitation orders (within the

meaning of Part 1 of the Criminal Justice and

Immigration Act 2007);

(fb)   

the supervision of children and young persons

sentenced to a youth rehabilitation order under that

20

Part which includes a supervision requirement

(within the meaning of that Part);”,

(c)   

omit paragraph (g), and

(d)   

in paragraph (h), omit “or a supervision order”.

39         

In Schedule 8 (minor and consequential amendments), in paragraph 13(2),

25

for “that section” substitute “section 10 of that Act”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

40         

The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the

following amendments.

41         

In section 19(4)(a) (making of referral orders: effect on court’s other

30

sentencing powers), for “community sentence” substitute “sentence which

consists of or includes a youth rehabilitation order”.

42         

In section 73 (reparation orders)—

(a)   

for subsection (4)(b) substitute—

“(b)   

to make in respect of him a youth rehabilitation order

35

or a referral order.”

(b)   

after subsection (4) insert—

“(4A)   

The court shall not make a reparation order in respect of the

offender at a time when a youth rehabilitation order is in

force in respect of him unless when it makes the reparation

40

order it revokes the youth rehabilitation order.

(4B)   

Where a youth rehabilitation order is revoked under

subsection (4A), paragraph 24 of Schedule 2 to the Criminal

Justice and Immigration Act 2007 (breach, revocation or

 

 

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

140

 

amendment of youth rehabilitation order) applies to the

revocation.”

43         

In section 74(3)(a) (requirements and provisions of reparation order, and

obligations of person subject to it), omit “or with the requirements of any

community order or any youth community order to which he may be

5

subject”.

44         

In section 75 (breach, revocation and amendment of reparation orders) omit

“action plan orders and” and “so far as relating to reparation orders”.

45         

In section 91(3) (offenders under 18 convicted of certain serious offences:

power to detain for specified period), for “a community sentence” substitute

10

“a youth rehabilitation order”.

46         

In section 137(2) (power to order parent or guardian to pay fine, costs,

compensation or surcharge)—

(a)   

after “under—” insert—

“(za)   

paragraph 6(2)(a) or 8(2)(a) of Schedule 2 to the

15

Criminal Justice and Immigration Act 2007 (breach of

youth rehabilitation order),”, and

(b)   

omit paragraphs (a) to (c), and

(c)   

in paragraph (d) omit “action plan order or”.

47         

In section 150(2) (binding over of parent or guardian), for “a community

20

sentence on the offender” substitute “on the offender a sentence which

consists of or includes a youth rehabilitation order”.

48         

In section 159 (execution of process between England and Wales and

Scotland)—

(a)   

after “Schedule 1 to this Act,” insert “or”,

25

(b)   

omit “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”,

(c)   

omit “paragraph 1(1) of Schedule 5 to this Act”, and

(d)   

omit “paragraph 7(2) of Schedule 7 to this Act, or”.

49    (1)  

Section 160 (rules and orders) is amended as follows.

      (2)  

Omit subsection (2).

30

      (3)  

In subsection (3)(a)—

(a)   

omit “40(2)(a),” and

(b)   

for “103(2) or paragraph 1(1A) of Schedule 3,” substitute “or 103(2).”

      (4)  

Omit subsection (5).

50         

In section 163 (general definitions)—

35

(a)   

omit the definitions of “action plan order”, “affected person”,

“attendance centre”, “attendance centre order”, “community

sentence”, “curfew order”, “exclusion order”, “supervision order”,

“supervisor” and “youth community order”,

(b)   

in the definition of “responsible officer”, omit paragraphs (a), (aa)

40

and (f), and

(c)   

at the end add—

““youth rehabilitation order” has the meaning given by

section 1(1) of the Criminal Justice and Immigration

Act 2007.”

45

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2007
Revised 26 June 2007