|
| |
|
51 (1) | Schedule 8 (breach, revocation and amendment of action plan orders and |
| |
reparation orders) is amended as follows. |
| |
(2) | In the heading to the Schedule omit “action plan orders and”. |
| |
(3) | In the cross-heading before paragraph 2, omit “action plan order or”. |
| |
| 5 |
(a) | in sub-paragraph (1), for “an action plan order or” substitute “a”, |
| |
(b) | in sub-paragraph (2)— |
| |
(i) | in paragraph (a), omit sub-paragraphs (ii) and (iii), and |
| |
(ii) | in each of paragraphs (b) and (c), omit “action plan order or”. |
| |
(c) | in each of sub-paragraphs (5) and (7), omit “action plan order or”, |
| 10 |
| |
(d) | in sub-paragraph (8), omit “or action plan order” in both places |
| |
| |
(5) | Omit paragraphs 3 and 4. |
| |
(6) | In the cross-heading before paragraph 5, omit “action plan order or”. |
| 15 |
| |
(a) | in sub-paragraph (1), for “an action plan order or” substitute “a” and, |
| |
in paragraph (a), omit “action plan order or”, and |
| |
(b) | in sub-paragraph (3), for “an action plan order or” substitute “a”. |
| |
(8) | In paragraph 6(9), in each of paragraphs (a), (b) and (c), omit “action plan |
| 20 |
| |
(9) | In paragraph 7(b), for “an action plan order or” substitute “a”. |
| |
52 | In Schedule 10 (transitory modifications), omit paragraphs 4 to 6 and 12 to |
| |
| |
53 | In Schedule 11 (transitional provisions)— |
| 25 |
(a) | in paragraph 4, omit— |
| |
(i) | paragraph (a) of sub-paragraph (1), |
| |
(ii) | sub-paragraph (2), and |
| |
(iii) | sub-paragraph (3), and |
| |
| 30 |
Criminal Justice and Court Services Act 2000 (c. 43) |
| |
54 | The Criminal Justice and Court Services Act 2000 has effect subject to the |
| |
| |
55 | In section 1(2)(a) (purposes of Chapter), after “2003)” insert “, youth |
| |
rehabilitation orders (as defined by section 1 of the Criminal Justice and |
| 35 |
| |
56 | Section 70(5) (interpretation, etc.) is omitted. |
| |
Criminal Justice Act 2003 (c. 44) |
| |
57 | Part 12 of the Criminal Justice Act 2003 (sentencing) has effect subject to the |
| |
| 40 |
|
| |
|
| |
|
58 (1) | Section 147 (meaning of “community sentence” etc.) is amended as follows. |
| |
| |
(a) | omit paragraph (b), and |
| |
(b) | after that paragraph insert— |
| |
“(c) | a youth rehabilitation order.” |
| 5 |
| |
59 (1) | Section 148 (restrictions on imposing community sentences) is amended as |
| |
| |
| |
(a) | omit “which consists of or includes a community order”, and |
| 10 |
(b) | in paragraph (a), after “community order” insert “, or, as the case |
| |
may be, youth rehabilitation order, comprised in the sentence”. |
| |
(3) | After that subsection insert— |
| |
“(2A) | Subsection (2) is subject to paragraph 3(4) of Schedule 1 to the |
| |
Criminal Justice and Immigration Act 2007 (youth rehabilitation |
| 15 |
order with intensive supervision and surveillance).” |
| |
| |
60 | In section 149(1) (passing of community sentence on offender remanded in |
| |
custody) for “youth community order” substitute “youth rehabilitation |
| |
| 20 |
61 | In section 150 (community sentence not available where sentence fixed by |
| |
law etc.) for “youth community order” substitute “youth rehabilitation |
| |
| |
62 (1) | Section 151 (community order for persistent offender previously fined) is |
| |
| 25 |
(2) | In the title, after “community order” insert “or youth rehabilitation order”. |
| |
(3) | For subsection (2) substitute— |
| |
| |
(a) | where the offender is aged under 18 at the time of conviction, |
| |
make a youth rehabilitation order in respect of the current |
| 30 |
offence instead of imposing a fine, or |
| |
(b) | where the offender is aged 18 or over at the time of |
| |
conviction, make a community order in respect of the current |
| |
offence instead of imposing a fine, |
| |
| if the court considers that, having regard to all the circumstances |
| 35 |
including the matters mentioned in subsection (3), it would be in the |
| |
interests of justice to do so.” |
| |
63 (1) | Section 156 (pre-sentence reports and other requirements) is amended as |
| |
| |
| 40 |
(a) | for “, (2)(b) or (3)(b)” substitute “or (2)(b),”, and |
| |
|
| |
|
| |
|
(b) | after “153(2),” insert “or in section 1(4)(b) or (c) of the Criminal Justice |
| |
and Immigration Act 2007 (youth rehabilitation orders with |
| |
intensive supervision and surveillance or fostering),”. |
| |
(3) | In subsection (2) omit “or (3)(a)”. |
| |
(4) | In subsection (3)(b)— |
| 5 |
(a) | for “, (2)(b) or (3)(b)” substitute “or (2)(b), or in section 1(4)(b) or (c) |
| |
of the Criminal Justice and Immigration Act 2007,”, and |
| |
(b) | after “community order” insert “or youth rehabilitation order”. |
| |
64 (1) | Section 166 (savings for powers to mitigate sentences and deal appropriately |
| |
with mentally disordered offenders) is amended as follows. |
| 10 |
(2) | In subsection (1), after paragraph (d) add— |
| |
“(e) | paragraph 3 of Schedule 1 to the Criminal Justice and |
| |
Immigration Act 2007 (youth rehabilitation order with |
| |
intensive supervision and surveillance), or |
| |
(f) | paragraph 4 of Schedule 1 to that Act (youth rehabilitation |
| 15 |
| |
(3) | In subsections (3) and (5), for “(d)” substitute “(f)”. |
| |
65 | In section 174(2) (duty to give reasons for, and explain effect of, sentence)— |
| |
(a) | in paragraph (b), after “that section” insert “or any other statutory |
| |
| 20 |
(b) | in paragraph (c), after “community sentence” insert “, other than one |
| |
consisting of or including a youth rehabilitation order with intensive |
| |
supervision and surveillance or fostering,”, and |
| |
(c) | after paragraph (c) insert— |
| |
“(ca) | where the sentence consists of or includes a youth |
| 25 |
rehabilitation order with intensive supervision and |
| |
surveillance and the case does not fall within |
| |
paragraph 5(2) of Schedule 1 to the Criminal Justice |
| |
and Immigration Act 2007, state that it is of the |
| |
opinion that section 1(4)(a) to (c) of that Act and |
| 30 |
section 148(1) of this Act apply and why it is of that |
| |
| |
(cb) | where the sentence consists of or includes a youth |
| |
rehabilitation order with fostering, state that it is of |
| |
the opinion that section 1(4)(a) to (c) of the Criminal |
| 35 |
Justice and Immigration Act 2007 and section 148(1) |
| |
of this Act apply and why it is of that opinion,”. |
| |
66 | In section 176 (interpretation of Chapter 1)— |
| |
(a) | omit the definition of “youth community order”, and |
| |
| 40 |
““youth rehabilitation order” has the meaning given by |
| |
section 1(1) of the Criminal Justice and Immigration |
| |
| |
“youth rehabilitation order with fostering” has the |
| |
meaning given by paragraph 4 of Schedule 1 to that |
| 45 |
| |
|
| |
|
| |
|
“youth rehabilitation order with intensive supervision |
| |
and surveillance has the meaning given by paragraph |
| |
3 of Schedule 1 to that Act.” |
| |
67 | In section 177(1) (community orders) for “16” substitute “18”. |
| |
68 | In section 197(1)(b) (meaning of “the responsible officer”), omit “the offender |
| 5 |
| |
69 | In section 199 (unpaid work requirement)— |
| |
(a) | in subsection (3), for “appropriate officer” substitute “officer of a |
| |
local probation board”, and |
| |
| 10 |
70 | In section 201 (activity requirement), in subsection (3)(a), for sub-paragraphs |
| |
(i) and (ii) (but not “and” immediately following sub-paragraph (ii)) |
| |
substitute “an officer of a local probation board”. |
| |
71 | In section 202 (programme requirement), in subsection (4)(a), for sub- |
| |
paragraphs (i) and (ii) (but not “and” immediately following sub-paragraph |
| 15 |
(ii)) substitute “by an officer of a local probation board”. |
| |
72 | In section 203(2), for paragraphs (a) and (b) substitute “an officer of a local |
| |
| |
73 | In section 209(2)(c) (drug rehabilitation requirement), for sub-paragraphs (i) |
| |
and (ii) substitute “by an officer of a local probation board, and”. |
| 20 |
74 | In section 211 (periodic review of drug rehabilitation requirement), omit |
| |
| |
75 | In section 214 (attendance centre requirement), after subsection (6) add— |
| |
“(7) | A requirement to attend at an attendance centre for any period on |
| |
any occasion operates as a requirement, during that period, to |
| 25 |
engage in occupation, or receive instruction, under the supervision |
| |
of and in accordance with instructions given by, or under the |
| |
authority of, the officer in charge of the centre, whether at the centre |
| |
| |
76 | In section 217(1)(b) (requirement to avoid conflict with religious beliefs etc.), |
| 30 |
for “school or any other” substitute “any”. |
| |
77 | In section 221(2) (provision of attendance centres)— |
| |
(a) | omit “or” at the end of paragraph (a), |
| |
(b) | after that paragraph insert— |
| |
“(aa) | attendance centre requirements of youth |
| 35 |
rehabilitation orders, within the meaning of Part 1 of |
| |
the Criminal Justice and Immigration Act 2007,”, and |
| |
| |
78 | In section 222(1)(e) (rules), after “attendance centre requirements” insert “, or |
| |
to attendance centre requirements imposed by youth rehabilitation orders |
| 40 |
under Part 1 of the Criminal Justice and Immigration Act 2007,”. |
| |
79 | Section 279 (drug treatment and testing requirement in action plan order or |
| |
supervision order) ceases to have effect. |
| |
|
| |
|
| |
|
80 | In Schedule 8 (breach, revocation or amendment of community order), omit |
| |
paragraphs 12, 15 and 17(5) (powers of magistrates’ court in case of offender |
| |
| |
81 | Schedule 24 (drug treatment and testing requirement in action plan order or |
| |
supervision order) ceases to have effect. |
| 5 |
Violent Crime Reduction Act 2006 (c. 38) |
| |
82 | In section 47 of the Violent Crime Reduction Act 2006 (power to search |
| |
persons in attendance centres for weapons), in the definition of “relevant |
| |
person” in subsection (11), for paragraph (b) substitute— |
| |
“(b) | a youth rehabilitation order under Part 1 of the |
| 10 |
Criminal Justice and Immigration Act 2007;”. |
| |
Offender Management Act 2007 |
| |
83 | In section 1(4) of the Offender Management Act 2007 (meaning of “the |
| |
probation purposes”), in the definition of “community order”— |
| |
(a) | after paragraph (a) insert— |
| 15 |
“(aa) | a youth rehabilitation order within the |
| |
meaning of Part 1 of the Criminal Justice and |
| |
Immigration Act 2007 (see section 1 of that |
| |
| |
(b) | after paragraph (b) insert— |
| 20 |
“(c) | a youth community order within the meaning |
| |
of that Act (as it applies to offences committed |
| |
before section 1 of the Criminal Justice and |
| |
Immigration Act 2007 comes into force)”. |
| |
| 25 |
| |
Children and Young Persons Act 1933 (c. 12) |
| |
84 | In section 49 of the Children and Young Persons Act 1933 (restrictions on |
| |
reports of proceedings in which children or young persons are concerned), |
| |
in subsection (13)(g)(ii), for “the Powers of Criminal Courts (Sentencing) Act |
| 30 |
2000” substitute “Part 1 or 2 of Schedule 15 to the Criminal Justice Act 2003”. |
| |
Children and Young Persons Act 1969 (c. 54) |
| |
85 (1) | Section 32 of the Children and Young Persons Act 1969 (detention of |
| |
absentees) is amended as follows. |
| |
| 35 |
(a) | in paragraph (a), after “under” insert “paragraph 4(1)(a) of Schedule |
| |
1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts |
| |
(Sentencing) Act 2000 or”, |
| |
(b) | in paragraph (b)(ii), after “under” insert “paragraph 4 of Schedule 1 |
| |
or paragraph 6 of Schedule 8 to the Powers of Criminal Courts |
| 40 |
(Sentencing) Act 2000 or”. |
| |
(3) | In subsection (1C) (as substituted by paragraph 12(3) of this Schedule)— |
| |
|
| |
|
| |
|
(a) | in paragraph (a), after “under” insert “paragraph 4(1)(a) of Schedule |
| |
1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts |
| |
(Sentencing) Act 2000 or”, and |
| |
(b) | in paragraph (c), after “under” insert “paragraph 4(6) of Schedule 1 |
| |
or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts |
| 5 |
(Sentencing) Act 2000 or”. |
| |
| |
86 | In section 4(3) of the Bail Act 1976 (general right to bail of accused persons |
| |
and others), before paragraph (a) (as substituted by paragraph 17(b) of this |
| |
| 10 |
“(za) | Schedule 1 to the Powers of Criminal Courts (Sentencing) Act |
| |
2000 (referral orders: referral back to appropriate court), |
| |
(zb) | Schedule 8 to that Act (breach of reparation order),”. |
| |
Magistrates’ Courts Act 1980 (c. 43) |
| |
87 | In Schedule 6A to the Magistrates’ Courts Act 1980 (fines that may be altered |
| 15 |
under section 143), at the end insert— |
| |
| “In Schedule 8, paragraph 2(2)(a)(i) |
| | | | | (failure to comply with reparation order) |
| | | |
|
Child Abduction Act 1984 (c. 37) |
| |
88 | In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 |
| 20 |
(modifications of section 1 for children in certain cases)— |
| |
(a) | in paragraph (a), after “under” insert “paragraph 4(1)(a) of Schedule |
| |
1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts |
| |
(Sentencing) Act 2000 or”, and |
| |
(b) | in paragraph (b), before “or” (as inserted by paragraph 25(b) of this |
| 25 |
Schedule) insert “, paragraph 4 of Schedule 1 or paragraph 6 of |
| |
Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000”. |
| |
Children Act 1989 (c. 41) |
| |
89 | In section 21(2)(c) of the Children Act 1989 (provision of accommodation for |
| |
children in police protection or detention or on remand, etc.), after sub- |
| 30 |
| |
“(ia) | remanded to accommodation provided by or on |
| |
behalf of a local authority by virtue of paragraph 4 |
| |
of Schedule 1 or paragraph 6 of Schedule 8 to the |
| |
Powers of Criminal Courts (Sentencing) Act 2000 |
| 35 |
(breach etc. of referral orders and reparation |
| |
| |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
| |
90 | The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the |
| |
| 40 |
91 | In Schedule 1 (youth offender panels: further court proceedings), after |
| |
|
| |
|
| |
|
| |
“Power to adjourn hearing and remand offender |
| |
9ZA (3) | This paragraph applies to any hearing relating to an offender held |
| |
by a youth court or other magistrates’ court in proceedings under |
| |
this Part of this Schedule. |
| 5 |
(4) | The court may adjourn the hearing, and, where it does so, may— |
| |
(a) | direct that the offender be released forthwith, or |
| |
| |
(5) | Where the court remands the offender under sub-paragraph (4)— |
| |
(a) | it must fix the time and place at which the hearing is to be |
| 10 |
| |
(b) | that time and place must be the time and place at which the |
| |
offender is required to appear or be brought before the |
| |
court by virtue of the remand. |
| |
(6) | Where the court adjourns the hearing under sub-paragraph (4) but |
| 15 |
does not remand the offender— |
| |
(a) | it may fix the time and place at which the hearing is to be |
| |
| |
(b) | if it does not do so, must not resume the hearing unless it |
| |
is satisfied that the persons mentioned in sub-paragraph |
| 20 |
(7) have had adequate notice of the time and place for the |
| |
| |
(7) | The persons referred to in sub-paragraph (6)(b) are— |
| |
| |
(b) | if the offender is aged under 14, a parent or guardian of the |
| 25 |
| |
(c) | a member of the youth offending team specified under |
| |
section 18(1)(a) as responsible for implementing the order. |
| |
(8) | The powers of a magistrates’ court under this paragraph may be |
| |
exercised by a single justice of the peace, notwithstanding |
| 30 |
anything in the Magistrates’ Courts Act 1980 (c. 43). |
| |
| |
(a) | applies to any hearing in proceedings under this Part of |
| |
this Schedule in place of section 10 of the Magistrates’ |
| |
Courts Act 1980 (adjournment of trial) where that section |
| 35 |
would otherwise apply, but |
| |
(b) | is not to be taken to affect the application of that section to |
| |
hearings of any other description.” |
| |
92 (1) | Schedule 8 (breach, revocation and amendment of action plan orders and |
| |
reparation orders) is amended as follows. |
| 40 |
(2) | Omit paragraph 1 and the heading before that paragraph. |
| |
(3) | In paragraph 2(1), for “the appropriate court,” substitute— |
| |
“(a) | a youth court acting in the local justice area in which the |
| |
| |
|
| |
|