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 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
99

      (6)
In this paragraph, “local education authority” and “parent” have the same
meanings as in the Education Act 1996 (c. 56).
Electronic monitoring requirement
25    (1)
In this Part of this Act “electronic monitoring requirement”, in relation to a
youth rehabilitation order, means a requirement for securing the electronic
5
monitoring of the offender’s compliance with other requirements imposed
by the order during a period specified in the order or determined by the
responsible officer in accordance with the order.
      (2)
Where an electronic monitoring requirement is required to take effect
during a period determined by the responsible officer in accordance with the
10
youth rehabilitation order, the responsible officer must, before the
beginning of that period, notify—
(a)
the offender,
(b)
the person responsible for the monitoring, and
(c)
any person falling within sub-paragraph (3)(b),
15

of the time when the period is to begin.
      (3)
Where—
(a)
it is proposed to include an electronic monitoring requirement in a
youth rehabilitation order, but
(b)
there is a person (other than the offender) without whose co-
20
operation it will not be practicable to secure that the monitoring
takes place,

the requirement may not be included in the order without that person’s
consent.
      (4)
A youth rehabilitation order which imposes an electronic monitoring
25
requirement must include provision for making a person responsible for the
monitoring.
      (5)
The person who is made responsible for the monitoring must be of a
description specified in an order made by the Secretary of State.
      (6)
A court may not include an electronic monitoring requirement in a youth
30
rehabilitation order unless the court—
(a)
has been notified by the Secretary of State that arrangements for
electronic monitoring of offenders are available—
(i)
in the local justice area proposed to be specified in the order,
and
35
(ii)
for each requirement mentioned in the first column of the
Table in sub-paragraph (7) which the court proposes to
include in the order, in the area in which the relevant place is
situated, and
(b)
is satisfied that the necessary provision can be made under the
40
arrangements currently available.
      (7)
For the purposes of sub-paragraph (6), “relevant place”, in relation to a
requirement mentioned in the first column of the following Table which the
court proposes to include in the order, means the place mentioned in
relation to it in the second column of the Table.
45

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 3 — Provisions applying where court proposes to make youth rehabilitation order
100

Proposed requirement of youth
Relevant place

rehabilitation order

Curfew requirement.
The place which the court

proposes to specify in the

order for the purposes of that

5

requirement.

Exclusion requirement.
The place (within the

meaning of paragraph 15)

which the court proposes to

specify in the order.

10

Attendance centre
The attendance centre which

requirement.
the court proposes to specify

in the order.

Power to amend limits
26    (1)
The Secretary of State may by order amend—
15
(a)
paragraph 10(2) (unpaid work requirement), or
(b)
paragraph 14(2) (curfew requirement),

by substituting, for the maximum number of hours for the time being
specified in that provision, such other number of hours as may be specified
in the order.
20
      (2)
The Secretary of State may by order amend any of the provisions mentioned
in sub-paragraph (3) by substituting, for any period for the time being
specified in the provision, such other period as may be specified in the order.
      (3)
Those provisions are—
(a)
paragraph 14(3) (curfew requirement);
25
(b)
paragraph 15(2) (exclusion requirement);
(c)
paragraph 17(6) (local authority residence requirement);
(d)
paragraph 18(2) (fostering requirement).
      (4)
An order under this paragraph which amends paragraph 18(2) may also
make consequential amendments of paragraphs 6(9), 8(9) and 16(2) of
30
Schedule 2.
Part 3
Provisions applying where court proposes to make youth rehabilitation order
Family circumstances
27
Before making a youth rehabilitation order, the court must obtain and
35
consider information about the offender’s family circumstances and the
likely effect of such an order on those circumstances.
Compatibility of requirements, requirement to avoid conflict with religious beliefs, etc.
28    (1)
Before making—

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 3 — Provisions applying where court proposes to make youth rehabilitation order
101

(a)
a youth rehabilitation order imposing two or more requirements, or
(b)
two or more youth rehabilitation orders in respect of associated
offences,

the court must consider whether, in the circumstances of the case, the
requirements to be imposed by the order or orders are compatible with each
5
other.
      (2)
Sub-paragraph (1) is subject to paragraphs 2, 3(4) and 4(4).
      (3)
The court must ensure, as far as practicable, that any requirement imposed
by a youth rehabilitation order is such as to avoid—
(a)
any conflict with the offender’s religious beliefs,
10
(b)
any interference with the times, if any, at which the offender
normally works or attends school or any other educational
establishment, and
(c)
any conflict with the requirements of any other youth rehabilitation
order to which the offender may be subject.
15
      (4)
The Secretary of State may by order provide that sub-paragraph (3) is to
have effect with such additional restrictions as may be specified in the order.
Date of taking effect and other existing orders
29    (1)
Subject to sub-paragraph (2), a youth rehabilitation order takes effect on the
day after the day on which the order is made.
20
      (2)
If a detention and training order is in force in respect of an offender, a court
making a youth rehabilitation order in respect of the offender may order that
it is to take effect instead—
(a)
when the period of supervision begins in relation to the detention
and training order in accordance with section 103(1)(a) of the Powers
25
of Criminal Courts (Sentencing) Act 2000 (c. 6), or
(b)
on the expiry of the term of the detention and training order.
      (3)
A court must not make a youth rehabilitation order in respect of an offender
at a time when—
(a)
another youth rehabilitation order, or
30
(b)
a reparation order made under section 73(1) of the Powers of
Criminal Courts (Sentencing) Act 2000,

is in force in respect of the offender, unless when it makes the order it
revokes the earlier order.
      (4)
Where the earlier order is revoked under sub-paragraph (3), paragraph 24 of
35
Schedule 2 (provision of copies of orders) applies to the revocation as it
applies to the revocation of a youth rehabilitation order.
Concurrent and consecutive orders
30    (1)
This paragraph applies where the court is dealing with an offender who has
been convicted of two or more associated offences.
40
      (2)
If, in respect of one of the offences, the court makes an order of any of the
following kinds—
(a)
a youth rehabilitation order with intensive supervision and
surveillance,

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 4 — Provisions applying where court makes youth rehabilitation order etc.
102

(b)
a youth rehabilitation order with fostering,
(c)
any other youth rehabilitation order,

it may not make an order of any other of those kinds in respect of the other
offence, or any of the other offences.
      (3)
If the court makes two or more youth rehabilitation orders with intensive
5
supervision and surveillance, or with fostering, both or all of the orders must
take effect at the same time (in accordance with paragraph 29(1) or (2)).
      (4)
Where the court includes requirements of the same kind in two or more
youth rehabilitation orders, it must direct, in relation to each requirement of
that kind, whether—
10
(a)
it is to be concurrent with the other requirement or requirements of
that kind, or any of them, or
(b)
it and the other requirement or requirements of that kind, or any of
them, are to be consecutive.
      (5)
But the court may not direct that two or more fostering requirements are to
15
be consecutive.
      (6)
Where the court directs that two or more requirements of the same kind are
to be consecutive—
(a)
the number of hours, days or months specified in relation to one of
them is additional to the number of hours, days, or months specified
20
in relation to the other or others, but
(b)
the aggregate number of hours, days or months specified in relation
to both or all of them must not exceed the maximum number which
may be specified in relation to any one of them.
      (7)
For the purposes of sub-paragraphs (4) and (6), requirements are of the same
25
kind if they fall within the same paragraph of Part 2 of this Schedule.
Part 4
Provisions applying where court makes youth rehabilitation order etc.
Date for compliance with requirements to be specified in order
31    (1)
A youth rehabilitation order must specify a date, not more than 3 years after
30
the date on which the order takes effect, by which all the requirements in it
must have been complied with.
      (2)
A youth rehabilitation order which imposes two or more different
requirements falling within Part 2 of this Schedule may also specify an
earlier date or dates in relation to compliance with any one or more of them.
35
      (3)
In the case of a youth rehabilitation order with intensive supervision and
surveillance, the date specified for the purposes of sub-paragraph (1) must
not be earlier than 12 months after the date on which the order takes effect.
Local justice area to be specified in order
32
A youth rehabilitation order must specify the local justice area in which the
40
offender resides or will reside.

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 4 — Provisions applying where court makes youth rehabilitation order etc.
103

Provision of copies of orders
33    (1)
The court by which any youth rehabilitation order is made must forthwith
provide copies of the order—
(a)
to the offender,
(b)
if the offender is aged under 14, to the offender’s parent or guardian,
5
and
(c)
to a member of a youth offending team assigned to the court or to an
officer of a local probation board assigned to the court.
      (2)
Where a local authority has parental responsibility for an offender aged
under 14 who is—
10
(a)
in its care, or
(b)
provided with accommodation by it in the exercise of any social
services functions,

the reference in sub-paragraph (1) to the offender’s parent or guardian is to
be read as a reference to that authority.
15
      (3)
In sub-paragraph (2)—
“parental responsibility” has the same meaning as in the Children Act
1989 (c. 41), and
“social services functions”, in relation to a local authority, has the
meaning given by section 1A of the Local Authority Social Services
20
Act 1970 (c. 42).
      (4)
Sub-paragraph (5) applies where a youth rehabilitation order—
(a)
is made by the Crown Court, or
(b)
is made by a magistrates’ court which does not act in the local justice
area specified in the order.
25
      (5)
The court making the order must—
(a)
provide to the magistrates’ court acting in the local justice area
specified in the order—
(i)
a copy of the order, and
(ii)
such documents and information relating to the case as it
30
considers likely to be of assistance to a court acting in that
area in the exercise of its functions in relation to the order,
and
(b)
provide a copy of the order to the local probation board acting for
that area.
35
      (6)
Where a youth rehabilitation order imposes any requirement specified in the
first column of the following Table, the court by which the order is made
must also forthwith provide the person specified in relation to that
requirement in the second column of that Table with a copy of so much of
the order as relates to that requirement.
40

Requirement
Person to whom copy of requirement is

to be given

An activity requirement
The person in charge of that place.

specifying a place under

paragraph 6(1)(a).

45

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 4 — Provisions applying where court makes youth rehabilitation order etc.
104

Requirement
Person to whom copy of requirement is

to be given

An activity requirement
The person in charge of that activity.

specifying an activity under

paragraph 6(1)(b).

5

An activity requirement
The person in charge of the place or

specifying a residential
activity specified under paragraph

exercise under paragraph
6(4) in relation to that residential

6(1)(c).
exercise.

An attendance centre
The officer in charge of the

10

requirement.
attendance centre specified under

paragraph 12(1).

An exclusion requirement
The person intended to be protected.

imposed for the purpose (or

partly for the purpose) of

15

protecting a person from

being approached by the

offender.

A residence requirement
The individual specified under

requiring residence with an
paragraph 16(1)(a).

20

individual.

A place of residence
The person in charge of the

requirement (within the
institution.

meaning of paragraph 16)

relating to residence in an

25

institution.

A local authority residence
The local authority specified under

requirement.
paragraph 17(1).

A mental health treatment
The person in charge of the

requirement.
institution or place specified under

30

sub-paragraph (2)(a) or (b) of

paragraph 20, or the person specified

under sub-paragraph (2)(c) of that

paragraph.

A drug treatment
The treatment provider specified

35

requirement.
under paragraph 22(1).

A drug testing requirement.
The treatment provider specified

under paragraph 22(1).

An education requirement.
The local education authority

specified under paragraph 24(2).

40

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 4 — Provisions applying where court makes youth rehabilitation order etc.
105

Requirement
Person to whom copy of requirement is

to be given

An electronic monitoring
Any person who by virtue of

requirement.
paragraph 25(4) will be responsible

for the electronic monitoring.

5

Any person without whose consent

the requirement could not have been

included in the order.

Power to provide for court review of orders
34    (1)
The Secretary of State may by order—
10
(a)
enable or require a court making a youth rehabilitation order to
provide for the order to be reviewed periodically by that or another
court,
(b)
enable a court to amend a youth rehabilitation order so as to include
or remove a provision for review by a court, and
15
(c)
make provision as to the timing and conduct of reviews and as to the
powers of the court on a review.
      (2)
An order under this paragraph may, in particular, make provision in
relation to youth rehabilitation orders corresponding to any provision made
by sections 191 and 192 of the Criminal Justice Act 2003 (c. 44) (reviews of
20
suspended sentence orders) in relation to suspended sentence orders.
      (3)
An order under this paragraph may repeal or amend any provision of—
(a)
this Part of this Act, or
(b)
Chapter 1 of Part 12 of the Criminal Justice Act 2003 (general
provisions about sentencing).
25
Order made by Crown Court: direction in relation to further proceedings
35    (1)
Where the Crown Court makes a youth rehabilitation order, it may include
in the order a direction that further proceedings relating to the order be in a
youth court or other magistrates’ court (subject to paragraph 7 of Schedule
2).
30
      (2)
In sub-paragraph (1), “further proceedings”, in relation to a youth
rehabilitation order, means proceedings—
(a)
for any failure to comply with the order within the meaning given by
paragraph 1(2)(b) of Schedule 2, or
(b)
on any application for amendment or revocation of the order under
35
Part 3 or 4 of that Schedule.