|
| |
|
(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,”. |
| |
| |
(a) | in sub-paragraphs (1) and (3), for “appropriate court” substitute |
| 5 |
| |
| |
“(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).” |
| |
| 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 |
| |
| |
(c) | in sub-paragraph (5), for “the appropriate court” substitute “the |
| 20 |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(5) | The persons referred to in sub-paragraph (4)(b) are— |
| 45 |
|
| |
|
| |
|
| |
(b) | if the offender is aged under 14, a parent or guardian of the |
| |
| |
(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). |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
(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. |
| |
| 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 |
| |
| |
(b) | is not to be taken to affect the application of that section to |
| 45 |
hearings of any other description.” |
| |
|
| |
|
| |
|
| |
| |
Youth default orders: modification of provisions applying to youth |
| |
| |
| |
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 |
| |
| |
| |
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 |
| |
| |
“(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 |
| |
| |
|
(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 |
|
| |
|
| |
|
number of hours set out opposite that amount in the second column. |
| |
|
(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. |
| |
|
| |
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 |
| |
| 30 |
|
|
| |
|
| |
|
|
|
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), |
| |
| |
| |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(3) | Paragraph 12 has effect as if, after paragraph (b) there were inserted— |
| 5 |
“(bb) | any power to impose a fine on the offender”. |
| |
| |
| |
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 |
| |
| |
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 |
| |
| |
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 |
| |
(a) | on the appointment of a new Commissioner; or |
| |
|
| |
|
| |
|
(b) | at the end of the period of two years beginning with the day on |
| |
| |
(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. |
| |
| |
9 | The Commissioner’s staff shall be provided by (or in pursuance of |
| |
arrangements made by) the Secretary of State. |
| |
| 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 |
| |
| |
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. |
| |
| |
| |
(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 |
| |
(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 |
| |
| |
|
| |
|