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Public Bill Committee: 18th October 2007                

54

 

Criminal Justice and Immigration Bill, continued

 
 

rehabilitation orders under Part 1 of the Criminal Justice and

 

Immigration Act 2007”,

 

(c)    

in paragraph (a), for “and section 207 of the Criminal Justice Act

 

2003” substitute “, section 207 of the Criminal Justice Act 2003 and

 

paragraph 20 of Schedule 1 to the Criminal Justice and Immigration

 

Act 2007”,

 

(d)    

in paragraph (b), after “2003” insert “or (as the case may be)

 

paragraphs 20(4) and 21(1) to (3) of Schedule 1 to the Criminal Justice

 

and Immigration Act 2007”, and

 

(e)    

in paragraph (b), at the end insert “or that paragraph”.

 

      (4)  

In subsection (4A) at the end insert “(in any case where the offender has

 

attained the age of 18 years) or in a youth rehabilitation order made under

 

section 1 of the Criminal Justice and Immigration Act 2007 (in any other

 

case)”.

 

      (5)  

In subsection (5) for the words from “subject to subsection (6)” to the end

 

substitute “subject to subsections (6) and (6A) below—

 

(a)    

Schedule 8 to the Criminal Justice Act 2003 shall apply as if

 

it were a community order made by a magistrates’ court under

 

section 177 of that Act and imposing the requirements

 

specified under subsection (4A) above (in any case where the

 

offender has attained the age of 18 years); and

 

(b)    

Schedule 2 to the Criminal Justice and Immigration Act 2007

 

shall apply as if it were a youth rehabilitation order made by a

 

magistrates’ court under section 1 of that Act and imposing

 

the requirements specified under that subsection (in any other

 

case).”

 

      (6)  

After subsection (6) insert—

 

“(6A)    

In its application to a probation order made or amended under this

 

section, Schedule 2 to the Criminal Justice and Immigration Act 2007

 

has effect subject to the following modifications—

 

(a)    

any reference to the responsible officer has effect as a

 

reference to the person appointed or assigned under

 

subsection (1)(a) above,

 

(b)    

in paragraph 6, sub-paragraph (2)(c) is omitted and, in sub-

 

paragraph (16), the reference to the Crown Court has effect as

 

a reference to a court in Scotland, and

 

(c)    

Parts 3 and 5 are omitted.”

 

35C(1)  

Section 242 (community service orders: persons residing in England and

 

Wales) is amended as follows.

 

      (2)  

In subsection (1)(a)—

 

(a)    

in sub-paragraph (ii), after “Part 12 of the Criminal Justice Act 2003)”

 

insert “, in any case where the offender has attained the age of 18

 

years, or an unpaid work requirement imposed by a youth

 

rehabilitation order (within the meaning of Part 1 of the Criminal

 

Justice and Immigration Act 2007), in any other case”, and

 

(b)    

in sub-paragraph (iii), after “section 177 of the Criminal Justice Act

 

2003” insert “or, as the case may be, imposed by youth rehabilitation

 

orders made under section 1 of the Criminal Justice and Immigration

 

Act 2007”.

 

      (3)  

In subsection (2)(b)—

 

(a)    

after “that court” insert “, in any case where the offender has attained

 

the age of 18 years,” and


 
 

Public Bill Committee: 18th October 2007                

55

 

Criminal Justice and Immigration Bill, continued

 
 

(b)    

after “2003” insert “or it appears to that court, in any other case, that

 

provision can be made for the offender to perform work under the

 

order under the arrangements which exist in that area for persons to

 

perform work under unpaid work requirements imposed by youth

 

rehabilitation orders made under section 1 of the Criminal Justice and

 

Immigration Act 2007”.

 

      (4)  

In subsection (3)(b) at the end insert “or, as the case may be, conferred on

 

responsible officers by Part 1 of the Criminal Justice and Immigration Act

 

2007 in respect of unpaid work requirements imposed by youth rehabilitation

 

orders (within the meaning of that Part)”.

 

35D(1)  

Section 244 (community service orders: general provisions relating to persons

 

residing in England and Wales or Northern Ireland) is amended as follows.

 

      (2)  

In subsection (3)(a)—

 

(a)    

after “2003)” insert “or, as the case may be, a youth rehabilitation

 

order (within the meaning of Part 1 of the Criminal Justice and

 

Immigration Act 2007)”, and

 

(b)    

after “such community orders” insert “or youth rehabilitation orders”.

 

      (3)  

In subsection (4)(a)—

 

(a)    

for “or, as the case may be, community orders” substitute “,

 

community orders”, and

 

(b)    

after “2003)” insert “or, as the case may be, youth rehabilitation orders

 

(within the meaning of Part 1 of the Criminal Justice and Immigration

 

Act 2007)”.

 

      (4)  

In subsection (5)—

 

(a)    

for “or, as the case may be, a community order” substitute “, a

 

community order”, and

 

(b)    

after “2003)” insert “or, as the case may be, a youth rehabilitation

 

order (within the meaning of Part 1 of the Criminal Justice and

 

Immigration Act 2007)”.

 

      (5)  

In subsection (6)—

 

(a)    

for “or, as the case may be, community orders” substitute “,

 

community orders”,

 

(b)    

after “within the meaning of Part 12 of the Criminal Justice Act 2003)”

 

insert “or, as the case may be, youth rehabilitation orders (within the

 

meaning of Part 1 of the Criminal Justice and Immigration Act 2007)”,

 

and

 

(c)    

after “the responsible officer under Part 12 of the Criminal Justice Act

 

2003” insert “or, as the case may be, under Part 1 of the Criminal

 

Justice and Immigration Act 2007”.’.

 

Mr David Hanson

 

45

 

Parliamentary Star - white    

Schedule  4,  page  141,  line  30,  at end insert—

 

‘Child Support, Pensions and Social Security Act 2000 (c. 19)

 

53A      

The Child Support, Pensions and Social Security Act 2000 has effect subject

 

to the following amendments.

 

53B(1)  

Section 62 (loss of benefit for breach of community order) is amended as

 

follows.

 

      (2)  

In the definition of “relevant community order” in subsection (8)—

 

(a)    

after “2003;” in paragraph (a) insert—


 
 

Public Bill Committee: 18th October 2007                

56

 

Criminal Justice and Immigration Bill, continued

 
 

“(aa)    

a youth rehabilitation order made under section 1 of

 

the Criminal Justice and Immigration Act 2007;”, and

 

(b)    

in paragraph (b) for “such an order” substitute “an order specified in

 

paragraph (a) or (aa)”.

 

      (3)  

In subsection (11)(c)(ii) for “and (b)” substitute “to (b)”.

 

53C(1)  

Section 64 (information provision) is amended as follows.

 

      (2)  

In subsection (6)(a) after “2003)” insert “, youth rehabilitation orders (as

 

defined by section 1 of the Criminal Justice and Immigration Act 2007)”.

 

      (3)  

In subsection (7) after paragraph (b) insert—

 

“(ba)    

a responsible officer within the meaning of Part 1 of the

 

Criminal Justice and Immigration Act 2007;”.’.

 

Mr David Hanson

 

46

 

Parliamentary Star - white    

Schedule  4,  page  145,  line  39,  leave out ‘in paragraph (b)(ii),’ and insert ‘in

 

paragraph (b) (as substituted by paragraph 12(2)(b) of this Schedule), in sub-paragraph

 

(ii),’.

 

Mr David Hanson

 

47

 

Parliamentary Star - white    

Schedule  4,  page  147,  line  28,  at end insert—

 

‘(7A)  

If a local authority has parental responsibility for an offender who

 

is in its care or provided with accommodation by it in the exercise

 

of any social services functions, the reference in sub-paragraph

 

(7)(b) to a parent or guardian of the offender is to be read as a

 

reference to that authority.

 

    (7B)  

In sub-paragraph (7A)—

 

“local authority” has the same meaning as it has in Part 1 of the

 

Criminal Justice and Immigration Act 2007 by virtue of section 7 of

 

that Act,

 

“parental responsibility” has the same meaning as it has in the

 

Children Act 1989 by virtue of section 3 of that Act, and

 

“social services functions” has the same meaning as it has in the Local

 

Authority Social Services Act 1970 by virtue of section 1A of that

 

Act.’.

 

Mr David Hanson

 

48

 

Parliamentary Star - white    

Schedule  4,  page  149,  line  4,  at end insert—

 

‘(5A)  

If a local authority has parental responsibility for an offender who

 

is in its care or provided with accommodation by it in the exercise

 

of any social services functions, the reference in sub-paragraph

 

(5)(b) to a parent or guardian of the offender is to be read as a

 

reference to that authority.

 

    (5B)  

In sub-paragraph (5A)—

 

“local authority” has the same meaning as it has in Part 1 of the

 

Criminal Justice and Immigration Act 2007 by virtue of section 7 of

 

that Act,

 

“parental responsibility” has the same meaning as it has in the

 

Children Act 1989 by virtue of section 3 of that Act, and


 
 

Public Bill Committee: 18th October 2007                

57

 

Criminal Justice and Immigration Bill, continued

 
 

“social services functions” has the same meaning as it has in the Local

 

Authority Social Services Act 1970 by virtue of section 1A of that

 

Act.’.

 


 

Mr David Hanson

 

19

 

Parliamentary Star - white    

Clause  7,  page  6,  line  17,  at end add—

 

‘(4)    

If a local authority has parental responsibility for an offender who is in its care or

 

provided with accommodation by it in the exercise of any social services

 

functions, any reference in this Part (except in paragraphs 4 and 24 of Schedule

 

1) to the offender’s parent or guardian is to be read as a reference to that authority.

 

(5)    

In subsection (4)—

 

“parental responsibility” has the same meaning as it has in the Children Act

 

1989 (c. 41) by virtue of section 3 of that Act, and

 

“social services functions” has the same meaning as it has in the Local

 

Authority Social Services Act 1970 (c. 42) by virtue of section 1A of that

 

Act.’.

 


 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

9

 

Clause  9,  page  7,  line  1,  after ‘of’, insert ‘financial compensation or other

 

appropriate’.

 


 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

10

 

Page  7,  line  35,  leave out Clause 10.

 


 

Mr David Hanson

 

20

 

Parliamentary Star - white    

Clause  11,  page  8,  line  13,  leave out second ‘community’ and insert

 

‘rehabilitation’.


 
 

Public Bill Committee: 18th October 2007                

58

 

Criminal Justice and Immigration Bill, continued

 
 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

11

 

Page  8,  line  6,  leave out Clause 11.

 


 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

16

 

Page  8,  line  17,  leave out Clause 12.

 


 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

17

 

Page  9,  line  7,  leave out Clause 13.

 


 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

12

 

Clause  15,  page  10,  line  17,  at end add—

 

‘(2A)    

For the avoidance of doubt there is a rebuttable presumption that any such

 

prisoner will be removed from the United Kingdom following his release without

 

prejudice to any existing rights not to be, or protections from being, removed

 

under British or European Union law.’.

 


 

Mr David Hanson

 

74

 

Parliamentary Star - white    

Clause  16,  page  10,  line  23,  leave out subsection (2) and insert—

 

‘(2)    

After section 255 of that Act (recall of prisoners released early under section 246)

 

insert—

 

“255A

 Further release after recall: introductory

 

(1)    

This section applies for the purpose of identifying which of sections

 

255B to 255D governs the further release of a person who has been

 

recalled under section 254 (“the prisoner”).

 

(2)    

The prisoner is eligible to be considered for automatic release unless—


 
 

Public Bill Committee: 18th October 2007                

59

 

Criminal Justice and Immigration Bill, continued

 
 

(a)    

he is an extended sentence prisoner or a specified offence

 

prisoner; or

 

(b)    

he has, during the same term of imprisonment, already been

 

released under section 255B(1)(b) or (2) or section 255C(2).

 

(3)    

If the prisoner is eligible to be considered for automatic release the

 

Secretary of State must, on recalling him, consider whether he is suitable

 

for automatic release.

 

(4)    

For this purpose “automatic release” means release at the end of the

 

period of 28 days beginning with the date on which the prisoner is

 

returned to prison.

 

(5)    

The person is suitable for automatic release only if the Secretary of State

 

is satisfied that he will not present a risk of serious harm to members of

 

the public if he is released at the end of that period.

 

(6)    

The prisoner must be dealt with—

 

(a)    

in accordance with section 255B if he is suitable for automatic

 

release;

 

(b)    

in accordance with section 255C if he is eligible to be considered

 

for automatic release but was not considered to be suitable for it;

 

(c)    

in accordance with section 255C if he is a specified offence

 

prisoner;

 

(d)    

in accordance with section 255D if he is an extended sentence

 

prisoner.

 

(7)    

The prisoner is an “extended sentence prisoner” if he is serving an

 

extended sentence imposed under section 227 or 228 of this Act, section

 

58 of the Crime and Disorder Act 1998 or section 85 of the Powers of

 

Criminal Courts (Sentencing) Act 2000.

 

(8)    

The prisoner is a “specified offence prisoner” if (not being an extended

 

sentence prisoner) he is serving a sentence imposed for a specified

 

offence within the meaning of section 224.

 

(9)    

The Secretary of State may by order amend the number of days for the

 

time being specified in subsection (4).

 

(10)    

In subsection (2) “term of imprisonment” means—

 

(a)    

in relation to a prisoner who is, or is to be treated as, serving a

 

single term of imprisonment, that term;

 

(b)    

in relation to a prisoner serving two or more sentences of

 

imprisonment (whether concurrently or consecutively), the

 

aggregrate of the periods that the prisoner is required—

 

(i)    

to serve in prison, or

 

(ii)    

to be on licence.

 

(11)    

In subsection (5) “serious harm” means death or serious personal injury,

 

whether physical or psychological.

 

255B  

Automatic release

 

(1)    

A prisoner who is suitable for automatic release must—

 

(a)    

on his return to prison, be informed that he will be released under

 

this subsection, and

 

(b)    

at the end of the 28 day period mentioned in section 255A(4) (or

 

such other period as is specified for the purposes of that


 
 

Public Bill Committee: 18th October 2007                

60

 

Criminal Justice and Immigration Bill, continued

 
 

subsection), be released by the Secretary of State on licence

 

under this Chapter (unless he has already been released under

 

subsection (2)).

 

(2)    

The Secretary of State may, at any time after a prisoner who is suitable

 

for automatic release is returned to prison, release him again on licence

 

under this Chapter.

 

(3)    

The Secretary of State must not release a person under subsection (2)

 

unless the Secretary of State is satisfied that it is not necessary for the

 

protection of the public that he should remain in prison until the end of

 

the period mentioned in subsection (1)(b).

 

(4)    

If a prisoner who is suitable for automatic release makes representations

 

under section 254(2) before the end of that period, the Secretary of State

 

must refer his case to the Board on the making of those representations.

 

(5)    

Where on a reference under subsection (4) relating to any person the

 

Board recommends his immediate release on licence under this Chapter,

 

the Secretary of State must give effect to the recommendation.

 

(6)    

In the case of an intermittent custody prisoner who has not yet served in

 

prison the number of custodial days specified in the intermittent custody

 

order, any recommendation by the Board as to immediate release on

 

licence is to be a recommendation as to his release on licence until the end

 

of one of the licence periods specified by virtue of section 183(1)(b) in

 

the intermittent custody order.

 

255C  

Specified offence prisoners and those not suitable for automatic

 

release

 

(1)    

This section applies to a prisoner who—

 

(a)    

is a specified offence prisoner, or

 

(b)    

was eligible to be considered for automatic release but was not

 

considered to be suitable for it.

 

(2)    

The Secretary of State may, at any time after the person is returned to

 

prison, release him again on licence under this Chapter.

 

(3)    

The Secretary of State must not release a person under subsection (2)

 

unless the Secretary of State is satisfied that it is not necessary for the

 

protection of the public that he should remain in prison.

 

(4)    

The Secretary of State must refer to the Board the case of any person to

 

whom this section applies—

 

(a)    

if the person makes representations under section 254(2) before

 

the end of the period of 28 days beginning with the date on which

 

he is returned to prison, on the making of those representations,

 

or

 

(b)    

if, at the end of that period, the person has not been released

 

under subsection (2) and has not made such representations, at

 

that time.

 

(5)    

Where on a reference under subsection (4) relating to any person the

 

Board recommends his immediate release on licence under this Chapter,

 

the Secretary of State must give effect to the recommendation.

 

(6)    

In the case of an intermittent custody prisoner who has not yet served in

 

prison the number of custodial days specified in the intermittent custody


 
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