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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.

 

 

 
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