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 14 — Schedule to the Street Offences Act 1959
173

Powers of magistrates’ court
4     (1)
This paragraph applies where—
(a)
the offender appears or is brought before a magistrates’
court in accordance with this Part of this Schedule, and
(b)
it is proved to the satisfaction of the court that the offender
5
has failed without reasonable excuse to comply with the
order.
      (2)
The court—
(a)
must revoke the order (if it remains in force), and
(b)
may deal with the offender in respect of the failure by
10
dealing with him, for the offence in respect of which the
order was made, in any way in which the court could deal
with him if he had just been convicted by it of the offence.
      (3)
In dealing with an offender under sub-paragraph (2)(b), the court
must take into account the extent to which the offender has
15
complied with the order.
      (4)
A person sentenced under sub-paragraph (2)(b) may appeal to the
Crown Court against the sentence.
Part 3
Amendment of order
20
Change of supervisor
5     (1)
Where the supervisor is unable to continue acting in that capacity,
the supervisor, a constable or the offender may apply to the
relevant magistrates’ court to amend the order by specifying a
different person to act as supervisor.
25
      (2)
Where the court is satisfied that the supervisor is unable to
continue acting, the court must—
(a)
amend the order by specifying a different person to act as
supervisor, or
(b)
if no such person is available, revoke the order.
30
      (3)
Any person specified in the order by virtue of this paragraph must
be a suitable person (within the meaning of section 1A(3)).
      (4)
In this paragraph “the relevant magistrates’ court” means—
(a)
if the offender is under the age of 18, a youth court acting
in the relevant local justice area, or
35
(b)
if the offender is aged 18 or over, a magistrates’ court
(other than a youth court) acting in the relevant local
justice area.
      (5)
In sub-paragraph (4) “the relevant local justice area” means—
(a)
the local justice area for the time being specified in the
40
order, or
(b)
if the offender resides in another local justice area, that
local justice area.

Criminal Justice and Immigration Bill
Schedule 14 — Schedule to the Street Offences Act 1959
174

6     (1)
Where a court revokes an order under paragraph 5(2)(b), it may
deal with the offender, for the offence in respect of which the order
was made, in any way in which the court could deal with him if he
had just been convicted by it of the offence (other than by making
an order under section 1(2A)).
5
      (2)
In dealing with an offender under sub-paragraph (1), the court
must take into account the extent to which the offender has
complied with the order.
      (3)
A person sentenced under sub-paragraph (1) may appeal to the
Crown Court against the sentence.
10
Substitution of different local justice area
7     (1)
The offender or the supervisor may apply to the relevant
magistrates’ court to amend the order by substituting another
local justice area for the area specified in the order.
      (2)
An application under sub-paragraph (1) may only be made if the
15
offender resides or will reside in the other local justice area.
      (3)
The relevant magistrates’ court may, and on the application of the
supervisor must, amend the order by substituting the other local
justice area for the area specified in the order.
      (4)
Sub-paragraphs (4) and (5) of paragraph 5 apply for the purposes
20
of this paragraph as they apply for the purposes of that paragraph.
Supplementary
8     (1)
Where the relevant magistrates’ court proposes to exercise its
powers under paragraph 5, otherwise than on the application of
the offender, it must summon the offender to appear before the
25
court and, if the offender does not appear in answer to the
summons, may issue a warrant for the arrest of the offender.
      (2)
An order may not be amended under this Part of this Schedule
while an appeal against the order is pending.
Part 4
30
Supplementary
Detention and remand of arrested offender
9     (1)
This paragraph applies where the offender is arrested in
pursuance of a warrant under this Schedule and cannot be
brought immediately before the court before which the warrant
35
directs him to be brought (“the appropriate court”).
      (2)
The person in whose custody the offender is—
(a)
may make arrangements for his detention for no more than
72 hours beginning with the time of his arrest, and
(b)
must within that period bring him before—
40
(i)
the appropriate court, or

Criminal Justice and Immigration Bill
Schedule 14 — Schedule to the Street Offences Act 1959
175

(ii)
if it is not reasonably practicable to do so, before an
alternative court.
      (3)
In sub-paragraph (2)(b)(ii) “alternative court” means—
(a)
if the appropriate court is a youth court, any youth court,
and
5
(b)
in any other case, any magistrates’ court other than a youth
court.
      (4)
If the offender is under the age of 18 at the time of his arrest, the
arrangements made under sub-paragraph (2)(a) must be for his
detention in a place of safety (within the meaning of the Children
10
and Young Persons Act 1933).
      (5)
A person who is detained in pursuance of arrangements made
under sub-paragraph (2)(a) is deemed to be in legal custody.
10    (1)
This paragraph applies where an offender appears or is brought
before an alternative court under paragraph 9(2)(b)(ii).
15
      (2)
The alternative court may direct that the offender is to be released
forthwith or remand him to appear before the appropriate court
(within the meaning of paragraph 9).
      (3)
For the purposes of sub-paragraph (2), section 128 of the
Magistrates’ Courts Act 1980 (c. 43) (remand in custody or on bail)
20
applies as if the court referred to in subsections (1)(a), (3), (4)(a)
and (5) were the appropriate court.
      (4)
Any power to remand the offender in custody which is conferred
by section 128 of the Magistrates’ Court Act 1980 (as modified by
sub-paragraph (3)) is to be taken to be a power to remand the
25
offender—
(a)
if he is under the age of 18, to accommodation provided by
or on behalf of a local authority (within the meaning of the
Children Act 1989 (c. 41)), and
(b)
if he is aged 18 or over, to a prison.
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      (5)
Where the court remands the offender to accommodation
provided by or on behalf of a local authority, the court must
designate, as the authority who are to receive him, the local
authority for the area in which it appears that he resides or will
reside.
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Adjournments
11    (1)
This paragraph applies to any hearing relating to an offender held
by a youth court or other magistrates’ court in any proceedings
under this Schedule.
      (2)
The court may adjourn the hearing, and, where it does so, may—
40
(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
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Criminal Justice and Immigration Bill
Schedule 14 — Schedule to the Street Offences Act 1959
176

(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 (2) but
does not remand the offender—
5
(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, where appropriate, the
supervisor have had adequate notice of the time and place
10
for the 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 (c. 43).
      (6)
This paragraph—
15
(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
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hearings of any other description.
Notification
12    (1)
This paragraph applies where a court revokes or amends an order
under any provision of this Schedule.
      (2)
The proper officer must—
25
(a)
provide copies of the revoking or amending order to the
offender and the supervisor,
(b)
in the case of an amending order which substitutes a new
local justice area, provide a copy of the amending order to
a magistrates’ court acting for that area, and
30
(c)
if the court that revokes or amends the order is a
magistrates’ court acting in a local justice area other than
the area specified in the order, provide a copy of the
revoking or amending order to a magistrates’ court acting
in the local justice area specified in the order.
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      (3)
Where under sub-paragraph (2)(b) the proper officer provides a
copy of an amending order to a magistrates’ court acting for a
different area, the officer must also provide to that court such
documents and information relating to the case as it considers
likely to be of assistance to a court acting for that area in the
40
exercise of any function in relation to the order.
      (4)
In this paragraph “proper officer” means the designated officer for
the court.”