House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

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


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


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


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


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


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


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


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
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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