Criminal Justice and Immigration Bill

House of Commons

Session 2006 - 07
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Criminal Justice and Immigration Bill

85
Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 1 — Provisions to be included in youth rehabilitation orders

Schedules
Schedule 1
Section 1

Further provisions about youth rehabilitation orders
Part 1
Provisions to be included in youth rehabilitation orders
5
Imposition of requirements
1
Subsection (1) of section 1 has effect subject to the following provisions of
Part 2 of this Schedule which relate to particular requirements—
(a)
paragraph 8(3) and (4) (activity requirement),
(b)
paragraph 10(3) (unpaid work requirement),
10
(c)
paragraph 11(3) and (4) (programme requirement),
(d)
paragraph 12(3) (attendance centre requirement),
(e)
paragraph 13(2) (prohibited activity requirement),
(f)
paragraph 16(2), (4) and (7) (residence requirement),
(g)
paragraphs 17(3) and (4) and 19 (local authority residence
15
requirement),
(h)
paragraph 20(3) (mental health treatment requirement),
(i)
paragraph 22(2) and (4) (drug treatment requirement),
(j)
paragraph 23(3) (drug testing requirement), and
(k)
paragraph 24(4) (education requirement).
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Electronic monitoring requirement
2     (1)
Sub-paragraph (2) applies to a youth rehabilitation order which—
(a)
imposes a curfew requirement (whether by virtue of paragraph
3(4)(b) or otherwise), or
(b)
imposes an exclusion requirement.
25
      (2)
The order must also impose an electronic monitoring requirement unless—
(a)
in the particular circumstances of the case, the court considers it
inappropriate for the order to do so, or
(b)
the court is prevented by paragraph 25(3) or (6) from including such
a requirement in the order.
30
      (3)
Subsection (2)(a) of section 1 has effect subject to paragraph 25(3) and (6).
Youth rehabilitation order with intensive supervision and surveillance
3     (1)
This paragraph applies where paragraphs (a) to (c) of section 1(4) are
satisfied.

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 1 — Provisions to be included in youth rehabilitation orders
86

      (2)
The court, if it makes a youth rehabilitation order which imposes an activity
requirement, may specify in relation to that requirement a number of days
which is more than 90 but not more than 180.
      (3)
Such an activity requirement is referred to in this Part of this Act as “an
extended activity requirement”.
5
      (4)
A youth rehabilitation order which imposes an extended activity
requirement must also impose—
(a)
a supervision requirement, and
(b)
a curfew requirement (and, accordingly, if so required by paragraph
2, an electronic monitoring requirement).
10
      (5)
A youth rehabilitation order which imposes an extended activity
requirement (and other requirements in accordance with sub-paragraph (4))
is referred to in this Part of this Act as “a youth rehabilitation order with
intensive supervision and surveillance” (whether or not it also imposes any
other requirement mentioned in section 1(1)).
15
Youth rehabilitation order with fostering
4     (1)
This paragraph applies where paragraphs (a) to (c) of section 1(4) are
satisfied.
      (2)
If the court is satisfied—
(a)
that the behaviour which constituted the offence was due to a
20
significant extent to the circumstances in which the offender was
living, and
(b)
that the imposition of a fostering requirement (see paragraph 18)
would assist in the offender’s rehabilitation,

it may make a youth rehabilitation order in accordance with section 1 which
25
imposes a fostering requirement.
      (3)
But a court may not impose a fostering requirement unless—
(a)
it has consulted the offender’s parents or guardians (unless it is
impracticable to do so), and
(b)
it has consulted the local authority which is to place the offender
30
with a local authority foster parent.
      (4)
A youth rehabilitation order which imposes a fostering requirement must
also impose a supervision requirement.
      (5)
This paragraph has effect subject to paragraphs 18(7) and 19 (pre-conditions
to imposing fostering requirement).
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      (6)
A youth rehabilitation order which imposes a fostering requirement is
referred to in this Part of this Act as “a youth rehabilitation order with
fostering” (whatever other requirements mentioned in section 1(1) or (2) it
imposes).
Intensive supervision and surveillance and fostering: further provisions
40
5     (1)
A youth rehabilitation order with intensive supervision and surveillance
may not impose a fostering requirement.
      (2)
Nothing in—
(a)
section 1(4)(b), or

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
87

(b)
section 148(1) or (2)(b) of the Criminal Justice Act 2003 (c. 44)
(restrictions on imposing community sentences),

prevents a court from making a youth rehabilitation order with intensive
supervision and surveillance in respect of an offender if the offender fails to
comply with an order under section 161(2) of the Criminal Justice Act 2003
5
(pre-sentence drug testing).
Part 2
Requirements
Activity requirement
6     (1)
In this Part of this Act “activity requirement”, in relation to a youth
10
rehabilitation order, means a requirement that the offender must do any or
all of the following—
(a)
participate, on such number of days as may be specified in the order,
in activities at a place, or places, so specified;
(b)
participate in an activity, or activities, specified in the order on such
15
number of days as may be so specified;
(c)
participate in one or more residential exercises for a continuous
period or periods comprising such number or numbers of days as
may be specified in the order;
(d)
in accordance with paragraph 7, engage in activities in accordance
20
with instructions of the responsible officer on such number of days
as may be specified in the order.
      (2)
Subject to paragraph 3(2), the number of days specified in the order under
sub-paragraph (1) must not, in aggregate, be more than 90.
      (3)
A requirement such as is mentioned in sub-paragraph (1)(a) or (b) operates
25
to require the offender, in accordance with instructions given by the
responsible officer, on the number of days specified in the order in relation
to the requirement—
(a)
in the case of a requirement such as is mentioned in sub-paragraph
(1)(a), to present himself or herself at a place specified in the order to
30
a person of a description so specified, or
(b)
in the case of a requirement such as is mentioned in sub-paragraph
(1)(b), to participate in an activity specified in the order,

and, on each such day, to comply with instructions given by, or under the
authority of, the person in charge of the place or the activity (as the case may
35
be).
      (4)
Where the order requires the offender to participate in a residential exercise,
it must specify, in relation to the exercise—
(a)
a place, or
(b)
an activity.
40
      (5)
A requirement to participate in a residential exercise operates to require the
offender, in accordance with instructions given by the responsible officer—
(a)
if a place is specified under sub-paragraph (4)(a)—
(i)
to present himself or herself at the beginning of the period
specified in the order in relation to the exercise, at the place
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Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
88

so specified to a person of a description specified in the
instructions, and
(ii)
to reside there for that period,
(b)
if an activity is specified under sub-paragraph (4)(b), to participate,
for the period specified in the order in relation to the exercise, in the
5
activity so specified,

and, during that period, to comply with instructions given by, or under the
authority of, the person in charge of the place or the activity (as the case may
be).
Activity requirement: instructions of responsible officer under paragraph 6(1)(d)
10
7     (1)
Subject to sub-paragraph (3), instructions under paragraph 6(1)(d) relating
to any day must require the offender to do either of the following—
(a)
present himself or herself to a person or persons of a description
specified in the instructions at a place so specified;
(b)
participate in an activity specified in the instructions.
15
      (2)
Any such instructions operate to require the offender, on that day or while
participating in that activity, to comply with instructions given by, or under
the authority of, the person in charge of the place or, as the case may be, the
activity.
      (3)
If the order so provides, instructions under paragraph 6(1)(d) may require
20
the offender to participate in a residential exercise for a period comprising
not more than 7 days, and, for that purpose—
(a)
to present himself or herself at the beginning of that period to a
person of a description specified in the instructions at a place so
specified and to reside there for that period, or
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(b)
to participate for that period in an activity specified in the
instructions.
      (4)
Instructions such as are mentioned in sub-paragraph (3)—
(a)
may not be given except with the consent of a parent or guardian of
the offender, and
30
(b)
operate to require the offender, during the period specified under
that sub-paragraph, to comply with instructions given by, or under
the authority of, the person in charge of the place or activity specified
under sub-paragraph (3)(a) or (b) (as the case may be).
Activity requirement: further provisions
35
8     (1)
Instructions given by, or under the authority of, a person in charge of any
place under any of the following provisions—
(a)
paragraph 6(3),
(b)
paragraph 6(5),
(c)
paragraph 7(2), or
40
(d)
paragraph 7(4)(b),

may require the offender to engage in activities otherwise than at that place.
      (2)
An activity specified—
(a)
in an order under paragraph 6(1)(b), or
(b)
in instructions given under paragraph 6(1)(d),
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Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
89


may consist of or include an activity whose purpose is that of reparation,
such as an activity involving contact between an offender and persons
affected by the offences in respect of which the order was made.
      (3)
A court may not include an activity requirement in a youth rehabilitation
order unless—
5
(a)
it has consulted a member of a youth offending team or an officer of
a local probation board,
(b)
it is satisfied that it is feasible to secure compliance with the
requirement, and
(c)
it is satisfied that provision for the offender to participate in the
10
activities proposed to be specified in the order can be made under the
arrangements for persons to participate in such activities which exist
in the local justice area in which the offender resides or is to reside.
      (4)
A court may not include an activity requirement in a youth rehabilitation
order if compliance with that requirement would involve the co-operation
15
of a person other than the offender and the responsible officer, unless that
other person consents to its inclusion.
Supervision requirement
9
In this Part of this Act “supervision requirement”, in relation to a youth
rehabilitation order, means a requirement that, during the period for which
20
the order remains in force, the offender must attend appointments with the
responsible officer or another person determined by the responsible officer,
at such times and places as may be determined by the responsible officer.
Unpaid work requirement
10    (1)
In this Part of this Act “unpaid work requirement”, in relation to a youth
25
rehabilitation order, means a requirement that the offender must perform
unpaid work in accordance with this paragraph.
      (2)
The number of hours which a person may be required to work under an
unpaid work requirement must be specified in the youth rehabilitation
order and must be, in aggregate—
30
(a)
not less than 40, and
(b)
not more than 240.
      (3)
A court may not impose an unpaid work requirement in respect of an
offender unless—
(a)
after hearing (if the court thinks necessary) an appropriate officer,
35
the court is satisfied that the offender is a suitable person to perform
work under such a requirement, and
(b)
the court is satisfied that provision for the offender to work under
such a requirement can be made under the arrangements for persons
to perform work under such a requirement which exist in the local
40
justice area in which the offender resides or is to reside.
      (4)
In sub-paragraph (3)(a) “an appropriate officer” means a member of a youth
offending team or an officer of a local probation board.
      (5)
An offender in respect of whom an unpaid work requirement of a youth
rehabilitation order is in force must perform for the number of hours
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Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
90

specified in the order such work at such times as the responsible officer may
specify in instructions.
      (6)
Subject to paragraph 17 of Schedule 2, the work required to be performed
under an unpaid work requirement of a youth rehabilitation order must be
performed during the period of 12 months beginning with the day on which
5
the order takes effect.
      (7)
Unless revoked, a youth rehabilitation order imposing an unpaid work
requirement remains in force until the offender has worked under it for the
number of hours specified in it.
Programme requirement
10
11    (1)
In this Part of this Act “programme requirement”, in relation to a youth
rehabilitation order, means a requirement that the offender must participate
in a systematic set of activities (“a programme”) specified in the order at a
place or places so specified on such number of days as may be so specified.
      (2)
A programme requirement may require the offender to reside at any place
15
specified in the order under sub-paragraph (1) for any period so specified if
it is necessary for the offender to reside there for that period in order to
participate in the programme.
      (3)
A court may not include a programme requirement in a youth rehabilitation
order unless—
20
(a)
the programme which the court proposes to specify in the order has
been recommended to the court by—
(i)
a member of a youth offending team, or
(ii)
an officer of a local probation board,

as being suitable for the offender, and
25
(b)
the court is satisfied that the programme is available at the place or
places proposed to be specified.
      (4)
A court may not include a programme requirement in a youth rehabilitation
order if compliance with that requirement would involve the co-operation
of a person other than the offender and the offender’s responsible officer,
30
unless that other person consents to its inclusion.
      (5)
A requirement to participate in a programme operates to require the
offender—
(a)
in accordance with instructions given by the responsible officer to
participate in the programme at the place or places specified in the
35
order on the number of days so specified, and
(b)
while at any of those places, to comply with instructions given by, or
under the authority of, the person in charge of the programme.
Attendance centre requirement
12    (1)
In this Part of this Act “attendance centre requirement”, in relation to a youth
40
rehabilitation order, means a requirement that the offender must attend at
an attendance centre specified in the order for such number of hours as may
be so specified.
      (2)
The aggregate number of hours for which the offender may be required to
attend at an attendance centre—
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Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
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(a)
if the offender is aged 14 or over at the time of conviction, must be—
(i)
not less than 12, and
(ii)
not more than 36;
(b)
if the offender is aged under 14 at the time of conviction, must not be
more than 18.
5
      (3)
A court may not include an attendance centre requirement in a youth
rehabilitation order unless it—
(a)
has been notified by the Secretary of State that—
(i)
an attendance centre is available for persons of the offender’s
description, and
10
(ii)
provision can be made at the centre for the offender, and
(b)
is satisfied that the attendance centre proposed to be specified is
reasonably accessible to the offender, having regard to the means of
access available to the offender and any other circumstances.
      (4)
The first time at which the offender is required to attend at the attendance
15
centre is a time notified to the offender by the responsible officer.
      (5)
The subsequent hours are to be fixed by the officer in charge of the centre—
(a)
in accordance with arrangements made by the responsible officer,
and
(b)
having regard to the offender’s circumstances.
20
      (6)
An offender may not be required under this paragraph to attend at an
attendance centre—
(a)
on more than one occasion on any day, or
(b)
for more than three hours on any occasion.
      (7)
A requirement to attend at an attendance centre for any period on any
25
occasion operates as a requirement—
(a)
to attend at the centre at the beginning of the period, and
(b)
during that period, to 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,
30
whether at the centre or elsewhere.
Prohibited activity requirement
13    (1)
In this Part of this Act “prohibited activity requirement”, in relation to a
youth rehabilitation order, means a requirement that the offender must
refrain from participating in activities specified in the order—
35
(a)
on a day or days so specified, or
(b)
during a period so specified.
      (2)
A court may not include a prohibited activity requirement in a youth
rehabilitation order unless it has consulted—
(a)
a member of a youth offending team, or
40
(b)
an officer of a local probation board.
      (3)
The requirements that may by virtue of this paragraph be included in a
youth rehabilitation order include a requirement that the offender does not
possess, use or carry a firearm within the meaning of the Firearms Act 1968
(c. 27).
45