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 4 — Youth rehabilitation orders: consequential and related amendments
Part 2 — Related amendments
148

(b)
if it is not known where the offender resides, a youth court
acting in the local justice area for the time being named in the
order in pursuance of section 74(4) of this Act,”.
      (4)
In paragraph 5—
(a)
in sub-paragraphs (1) and (3), for “appropriate court” substitute
5
“relevant court”, and
(b)
at the end insert—
    “(4)
In this paragraph, “the relevant court” means—
(a)
a youth court acting in the local justice area for the
time being named in the order in pursuance of
10
section 74(4) of this Act, or
(b)
in the case of an application made both under this
paragraph and under paragraph 2(1), the court
mentioned in paragraph 2(1).”
      (5)
In paragraph 6—
15
(a)
in sub-paragraph (1), for “the appropriate court” substitute “a court”,
(b)
in sub-paragraph (4), for “the appropriate court” substitute “the
court before which the warrant directs the offender to be brought
(“the relevant court”)”,
(c)
in sub-paragraph (5), for “the appropriate court” substitute “the
20
relevant court”, and
(d)
in sub-paragraph (7), for “the appropriate court”, in each place it
occurs, substitute “the relevant court”.
      (6)
After paragraph 6 insert—
“Power to adjourn hearing and remand offender
25
6A    (1)
This paragraph applies to any hearing relating to an offender held
by a youth 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
(b)
remand the offender.
30
      (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 is required to appear or be brought before the
35
court by virtue of the remand.
      (4)
Where the court adjourns the hearing under sub-paragraph (4) but
does not remand the offender—
(a)
it may fix the time and place at which the hearing is to be
resumed, but
40
(b)
if it does not do so, must not resume the hearing unless it
is satisfied that the persons mentioned in sub-paragraph
(5) have had adequate notice of the time and place for the
resumed hearing.
      (5)
The persons referred to in sub-paragraph (4)(b) are—
45

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 2 — Related amendments
149

(a)
the offender,
(b)
if the offender is aged under 14, a parent or guardian of the
offender, and
(c)
the responsible officer.
      (6)
The powers of a youth court under this paragraph may be
5
exercised by a single justice of the peace, notwithstanding
anything in the Magistrates’ Courts Act 1980 (c. 43).
      (7)
This paragraph—
(a)
applies to any hearing in any proceedings under this
Schedule in place of section 10 of the Magistrates’ Courts
10
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.”
Criminal Justice Act 2003 (c. 44)
15
93
In Schedule 8 to the Criminal Justice Act 2003 (breach, revocation or
amendment of community order), after paragraph 25 insert—
“25A  (1)
This paragraph applies to any hearing relating to an offender held
by a magistrates’ court in any proceedings under this Schedule.
      (2)
The court may adjourn the hearing, and, where it does so, may—
20
(a)
direct that the offender be released forthwith, or
(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
25
(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.
      (4)
Where the court adjourns the hearing under sub-paragraph (4) but
does not remand the offender—
30
(a)
it may fix the time and place at which the hearing is to be
resumed, but
(b)
if it does not do so, must not resume the hearing unless it
is satisfied that the offender and the responsible officer
have had adequate notice of the time and place for the
35
resumed hearing.
      (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.
      (6)
This paragraph—
40
(a)
applies to any hearing in any proceedings under this
Schedule in 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
45
hearings of any other description.”

Criminal Justice and Immigration Bill
Schedule 5 — Youth default orders: modification of provisions applying to youth rehabilitation orders
150

Schedule 5
Section 23(6)

Youth default orders: modification of provisions applying to youth
rehabilitation orders
General
1
Any reference to the offender is, in relation to a youth default order, to be
5
read as a reference to the person in default; and any reference to the time
when the offender is convicted is to be read as a reference to the time when
the order is made.
Unpaid work requirement
2     (1)
In its application to a youth default order, paragraph 10 of Schedule 1
10
(unpaid work requirement) is modified as follows.
      (2)
Sub-paragraph (2) has effect as if for paragraphs (a) and (b) there were
substituted—
“(a)
not less than 20, and
(b)
in the case of an amount in default which is specified in the
15
first column of the following Table, not more than the
number of hours set out opposite that amount in the second
column.

TABLE

Amount
Number of

20

hours

An amount not exceeding
40

£200

An amount exceeding £200
60

but not exceeding £500

25

An amount exceeding £500
100”.

      (3)
Sub-paragraph (7) has effect as if after “Unless revoked” there were inserted
“(or section 23(7)(a) applies)”.
Attendance centre requirement
3     (1)
In its application to a youth default order, paragraph 12 of Schedule 1
30
(attendance centre requirement) is modified as follows.
      (2)
Sub-paragraph (2) has effect as if—
(a)
in paragraph (a), for the words following “convicted” there were
substituted “must be, in the case of an amount in default which is
specified in the first column of the following Table, not more than the
35

Criminal Justice and Immigration Bill
Schedule 5 — Youth default orders: modification of provisions applying to youth rehabilitation orders
151

number of hours set out opposite that amount in the second column.

TABLE

Amount
Number of

hours

An amount not exceeding
8

5

£250

An amount exceeding £250
14

but not exceeding £500

An amount exceeding £500
24”, and

(b)
in paragraph (b), for “must not be more than 18” there were
10
substituted “must be, in the case of an amount in default which is
specified in the first column of the following Table, not more than the
number of hours set out opposite that amount in the second column.

TABLE

Amount
Number of

15

hours

An amount not exceeding
8

£250

An amount exceeding £250
12

but not exceeding £500

20

An amount exceeding £500
16”.

Curfew requirement
4     (1)
In its application to a youth default order, paragraph 14 of Schedule 1
(curfew requirement) is modified as follows.
      (2)
That paragraph has effect as if after sub-paragraph (2) there were inserted—
25
   “(2A)
In the case of an amount in default which is specified in the first
column of the following Table, the number of days on which the
person in default is subject to the curfew requirement must not
exceed the number of days set out opposite that amount in the
second column.
30

TABLE

Amount
Number of days

An amount not exceeding
20

£200

Criminal Justice and Immigration Bill
Schedule 5 — Youth default orders: modification of provisions applying to youth rehabilitation orders
152

TABLE

Amount
Number of days

An amount exceeding £200
30

but not exceeding £500

An amount exceeding £500
60

5

but not exceeding £1,000

An amount exceeding
90

£1,000 but not exceeding

£2,000

An amount exceeding
180”.

10

£2,000

Enforcement, revocation and amendment of youth default order
5     (1)
In its application to a youth default order, Schedule 2 (breach, revocation or
amendment of youth rehabilitation orders) is modified as follows.
      (2)
Any reference to the offence in respect of which the youth rehabilitation
15
order was made is to be read as a reference to the default in respect of which
the youth default order was made.
      (3)
Accordingly, any power of the court to revoke a youth rehabilitation order
and deal with the offender for the offence is to be taken to be a power to
revoke the youth default order and deal with him in any way in which the
20
court which made the youth default order could deal with him for his
default in paying the sum in question.
      (4)
Paragraph 2 has effect as if for paragraphs (a) and (b) there were substituted
“as having been made by a magistrates’ court”.
      (5)
The following provisions are omitted—
25
(a)
paragraph 6(2)(a) and (b)(i), (5) and (12) to (16),
(b)
paragraph 11(5),
(c)
paragraph 18(7), and
(d)
paragraph 19(3).
Power to alter amount of money or number of hours or days
30
6
The Secretary of State may by order amend paragraph 2, 3 or 4 by
substituting for any reference to an amount of money or a number of hours
or days there specified a reference to such other amount or number as may
be specified in the order.
Transfer of youth default order to Northern Ireland
35
7     (1)
In its application to a youth default order, Schedule 3 is modified as follows.

Criminal Justice and Immigration Bill
Schedule 6 — Her Majesty’s Commissioner for Offender Management and Prisons
153

      (2)
Paragraph 9 has effect as if, after sub-paragraph (2) there were inserted—
    “(3)
Nothing in sub-paragraph (1) affects the application of section
23(7) to a youth default order made or amended in accordance
with paragraph 1 or 2.”
      (3)
Paragraph 12 has effect as if, after paragraph (b) there were inserted—
5
“(bb)
any power to impose a fine on the offender”.
Schedule 6
Section 29

Her Majesty’s Commissioner for Offender Management and Prisons
Appointment and removal from office
1
Her Majesty may appoint a person to be the Commissioner.
10
2     (1)
A person appointed as Commissioner shall hold office for such term, not
exceeding five years, as may be specified in the terms of appointment.
      (2)
At the end of that term the person concerned is eligible for re-appointment
for a further period not exceeding five years.
      (3)
A person may not be re-appointed for a third consecutive term unless, by
15
reason of special conditions, such reappointment is desirable in the public
interest.
3     (1)
The Commissioner may be relieved of office by Her Majesty at the
Commissioner’s own request or removed from office by Her Majesty in
consequence of Addresses from both Houses of Parliament.
20
      (2)
Her Majesty may declare the office of Commissioner to have been vacated if
satisfied that the person appointed is incapable for medical reasons of
performing the functions of that office.
Remuneration, pensions and other benefits
4
The Secretary of State shall pay the Commissioner such remuneration and such
25
travelling and other allowances as the Secretary of State may determine.
5
The Secretary of State shall pay to or in respect of a person who holds or has held
office as Commissioner such pension, allowances or gratuities as the Secretary of
State may determine.
Appointment of acting Commissioner
30
6     (1)
Where the office of Commissioner becomes vacant, the Secretary of State
may appoint a person as acting Commissioner.
      (2)
The power under sub-paragraph (1) may not be exercised after the end of the
period of two years beginning with the day on which the vacancy arose.
7     (1)
Any person holding office as acting Commissioner shall cease to hold that
35
office—
(a)
on the appointment of a new Commissioner; or

Criminal Justice and Immigration Bill
Schedule 6 — Her Majesty’s Commissioner for Offender Management and Prisons
154

(b)
at the end of the period of two years beginning with the day on
which the vacancy arose.
      (2)
Otherwise, a person appointed as acting Commissioner holds office in
accordance with the terms of appointment.
8
A person holding office as acting Commissioner is to be treated for all
5
purposes (apart from those of paragraphs 1 to 7) as the Commissioner.
The Commissioner’s staff
9
The Commissioner’s staff shall be provided by (or in pursuance of
arrangements made by) the Secretary of State.
Delegation of functions
10
10    (1)
Any function of the Commissioner may be performed on behalf of the
Commissioner by an authorised member of staff (but only to the extent that
the person concerned is authorised to do so).
      (2)
In sub-paragraph (1) “authorised member of staff” means a member of the
Commissioner’s staff who is authorised by the Commissioner to exercise
15
that function.
Advisers
11    (1)
The Commissioner may obtain advice to assist in the performance of any of
the Commissioner’s functions from any person who appears to the
Commissioner to be qualified to give it.
20
      (2)
The Commissioner may pay fees or allowances to any person in relation to
the provision of advice under this paragraph.
Annual and other reports
12    (1)
The Commissioner—
(a)
shall publish a general report on the performance of the
25
Commissioner’s functions during each year (an “annual report”);
(b)
may publish other reports with respect to those functions.
      (2)
An annual report must be published as soon as may be practicable after the
end of the year to which it relates.
      (3)
The Commissioner shall send a copy of each report under this paragraph to
30
the Secretary of State.
      (4)
The Secretary of State shall lay before Parliament—
(a)
a copy of each annual report,
(b)
a copy of any other report under this paragraph which is sent with a
request for it to be so laid,
35

and shall do so as soon as practicable after receiving a copy of the report
concerned.