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| |
| |
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| | rehabilitation orders under Part 1 of the Criminal Justice and |
|
| | |
| | (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 |
|
| | |
| | (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 |
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| | section 1 of the Criminal Justice and Immigration Act 2007 (in any other |
|
| | |
| | (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 |
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| | specified under subsection (4A) above (in any case where the |
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| | offender has attained the age of 18 years); and |
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| | (b) | Schedule 2 to the Criminal Justice and Immigration Act 2007 |
|
| | shall apply as if it were a youth rehabilitation order made by a |
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| | magistrates’ court under section 1 of that Act and imposing |
|
| | the requirements specified under that subsection (in any other |
|
| | |
| | (6) | After subsection (6) insert— |
|
| | “(6A) | In its application to a probation order made or amended under this |
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| | 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 |
|
| | |
| | (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 |
|
| | |
| | (3) | In subsection (2)(b)— |
|
| | (a) | after “that court” insert “, in any case where the offender has attained |
|
| | the age of 18 years,” and |
|
|
|
| |
| |
|
| | (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 |
|
| | |
| | (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 “, |
|
| | |
| | (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 |
|
| | |
| | |
| | (a) | for “or, as the case may be, a community order” substitute “, a |
|
| | |
| | (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 |
|
| | |
| | |
| | (a) | for “or, as the case may be, community orders” substitute “, |
|
| | |
| | (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)”, |
|
| | |
| | (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”.’. |
|
| |
| | |
|
| 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 |
|
| | |
| | (2) | In the definition of “relevant community order” in subsection (8)— |
|
| | (a) | after “2003;” in paragraph (a) insert— |
|
|
|
| |
| |
|
| | “(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 |
|
| | |
| | (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;”.’. |
|
| |
| | |
|
| 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 |
|
| |
| |
| | |
|
| 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 |
|
| | |
| | “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 |
|
| | |
| |
| | |
|
| 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 |
|
| | |
| | “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 |
|
| | |
| |
| |
| | |
|
| 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. |
|
| | |
| | “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 |
|
| | |
| |
| |
| |
| |
| | |
| Clause 9, page 7, line 1, after ‘of’, insert ‘financial compensation or other |
|
| |
| |
| |
| |
| |
| | |
| Page 7, line 35, leave out Clause 10. |
|
| |
| |
| | |
|
| Clause 11, page 8, line 13, leave out second ‘community’ and insert |
|
| |
|
|
| |
| |
|
| |
| |
| |
| | |
| Page 8, line 6, leave out Clause 11. |
|
| |
| |
| |
| |
| | |
| Page 8, line 17, leave out Clause 12. |
|
| |
| |
| |
| |
| | |
| Page 9, line 7, leave out Clause 13. |
|
| |
| |
| |
| |
| | |
| 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.’. |
|
| |
| |
| | |
|
| 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) |
|
| | |
| | “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— |
|
|
|
| |
| |
|
| | (a) | he is an extended sentence prisoner or a specified offence |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (d) | in accordance with section 255D if he is an extended sentence |
|
| | |
| | (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 |
|
| | |
| | (11) | In subsection (5) “serious harm” means death or serious personal injury, |
|
| | whether physical or psychological. |
|
| | |
| | (1) | A prisoner who is suitable for automatic release must— |
|
| | (a) | on his return to prison, be informed that he will be released under |
|
| | |
| | (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 |
|
|
|
| |
| |
|
| | subsection), be released by the Secretary of State on licence |
|
| | under this Chapter (unless he has already been released under |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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, |
|
| | |
| | (b) | if, at the end of that period, the person has not been released |
|
| | under subsection (2) and has not made such representations, at |
|
| | |
| | (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 |
|
|