House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Public Bill Committee: 25th October 2007
186

Criminal Justice and Immigration Bill, continued

‘(1)
Section 62 of the Powers of Criminal Courts (Sentencing) Act 2000 (attendance

centre orders) is amended as follows.

(2)
In subsection (1) after “provide attendance centres” insert “for offenders aged 18

and under 21; and through the Youth Justice Board to provide funding for

attendance centres for offenders aged 10 and under 18”.

(3)
After subsection (1) insert—

“(1A) Youth offending teams may provide attendance centres for offenders

aged 10 and under 18.”.

(4)
In subsection (4), after “centres” insert “for offenders aged 18 and under 21”.

(5)
After subsection (4) insert—

“(5) For the purpose of providing attendance centres, youth offending teams

may make arrangements with any authority or organisation for the use of

their premises.”’.

Duty of court to inform local authority where a child is at risk of significant harm

Mr David Heath

David Howarth

NC12

To move the following Clause:—

‘(1)
Subsection (2) applies where—

(a)
it appears to a court, in relation to a child or young person, that there is

reasonable cause to suspect that the child or young person is suffering, or

is likely to suffer, significant harm, and

(b)
the court is not satisfied that an investigation is taking place under section

47 of the Children Act 1989 by a relevant local authority in relation to

that child or young person.

(2)
Where this subsection applies, the court shall forthwith—

(a)
inform all relevant local authorities that subsection (1) above is satisfied

in relation to the child or young person, and

(b)
request all relevant local authorities that an investigation be carried out

by them under section 47 of the Children Act 1989.

(3)
In this section, a local authority is a “relevant local authority” if it is a local

authority in whose area—

(a)
the court is located, or

(b)
the child or young person lives.’.

Principal aim of the youth justice system

Mr David Heath

David Howarth

NC13

To move the following Clause:—

Public Bill Committee: 25th October 2007
187

Criminal Justice and Immigration Bill, continued

‘(1)
Section 37 of the Crime and Disorder Act 1998 (c.37) (aim of the youth justice

system) is amended as follows.

(2)
In subsection (1), after “preventing offending” insert “(including re-offending)”.

(3)
At end insert—

“(3)
Subsection (2) above is subject to section 142A(2) of the Criminal Justice

Act 2003 (which requires a court to have a regard primarily to the welfare

and well-being of offenders aged under 18 in accordance with its duties

under section 44 of the Children and Young Persons Act 1933).”.’.

Courts to have regard to the welfare and well-being of offenders under 18

Mr David Heath

David Howarth

nc14

To move the following Clause:—

‘(1)
Section 44 of the Children and Young Persons Act 1933 (principles to be

observed by all courts in dealing with children and young persons: general

considerations) is amended as follows.

(2)
In subsection (1) after “shall have regard to the welfare”, insert “and well-being”.

(3)
After subsection (1) insert—

“(1A)
In complying with their duties under subsection (1), courts shall have

regard in particular to the following matters—

(a)
in respect of welfare, the matters set out in section 1(3) of the

Children Act 1989; and

(b)
in respect of well-being, the matters set out in section 10(2) of the

Children Act 2004.”’.

Extension of a referral order

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

nc15

To move the following Clause:—

‘(1)
Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 is amended

as follows.

(2)
In paragraph 5(1) for “power” substitute “powers”.

(3)
For paragraph 5(2) substitute—

“(2)
Those powers are the powers to revoke the referral order (or each of the

referral orders) or extend it by up to 3 months.”.

(4)
In paragraph 5(5) for “so dealing with the offender” substitute “revoking an order

for an offence specified in sub-paragraph (4).”.

Public Bill Committee: 25th October 2007
188

Criminal Justice and Immigration Bill, continued

(5)
In paragraph 5(6) after “The appropriate court may not exercise the” insert

“revocation”.’.

Accommodation in which persons aged under 18 may be detained

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

NC16

To move the following Clause:—

‘(1)
No person aged under 18 shall be detained in a young offender institution or a

secure training centre unless the Secretary of State certifies that he can be

detained safely.

(2)
In section 107(1) of the Powers of Criminal Courts (Sentencing Act) 2000

(meaning of “youth detention accommodation”)—

(a)
omit paragraphs (a) and (b); and

(b)
in paragraph (c) after “by order specify” insert “but not including a secure

training centre or young offender institution”.

(3)
At the end of section 92(1)(b) of the Powers of Criminal Courts (Sentencing) Act

2000 (detention under sections 90 and 91: place of detention etc.) substitute the

full stop for a comma.

(4)
At the end of section 92(1) insert “provided that such place is not a secure training

centre or young offender institution”.

(5)
Omit sections 23(7A) and (7B) of the Children and Young Persons Act 1969.

(6)
Omit section 98 of the Crime and Disorder Act 1998.’.

Detention of persons believed to have committed an immigration offence

Mr Philip Hollobone

NC17

To move the following Clause:—

‘(1)
If a constable has reasonable grounds to believe that a person (“P”)—

(a)
has committed an offence under the Immigration Acts, and

(b)
has not taken reasonable steps to regularize his immigration status with

the Borders and Immigration Agency,

he must immediately detain P in custody.

(2)
P may be detained until—

(a)
the Borders and Immigration Agency has assumed responsibility for P, or

(b)
the period of 48 hours has elapsed,

whichever is the earlier.

(3)
The constable must, immediately after detaining P, inform the Borders and

Immigration Agency of the circumstances.

(4)
The Borders and Immigration Agency must—

Public Bill Committee: 25th October 2007
189

Criminal Justice and Immigration Bill, continued

(a)
ensure that an officer of the Agency meets P, and

(b)
take all other reasonable steps to determine P’s immigration status,

within 48 hours of P’s being detained.’.

Offences under football banning order

Mr Philip Hollobone

NC18

To move the following Clause:—

‘If a constable has reasonable grounds to believe that a person (“P”) is about to

breach the terms of a football banning order, he may require P to present his

passport.’.

Youth rehabilitation orders: report to Parliament

Mr Harry Cohen

nc19

To move the following Clause:—

‘The Secretary of State must, within six months of the passing of this Act, lay a

report before both Houses of Parliament on—

(a)
the administrative changes he proposes to put in place to further the

welfare and development of children subject to youth rehabilitation

orders, and

(b)
arrangements for pre-court procedures and post-court joint working of

agencies with a view to minimising court involvement.’.

Child offenders: report to Parliament

Mr Harry Cohen

nc20

To move the following Clause:—

‘The Secretary of State must, within six months of the passing of this Act, lay a

report before both Houses of Parliament on the level of increased funding for

youth offending teams and partner agencies involved in dealing with child

offenders.’.

Public Bill Committee: 25th October 2007
190

Criminal Justice and Immigration Bill, continued

Restraint of child offenders: report to Parliament

Mr Harry Cohen

nc21

To move the following Clause:—

‘The Secretary of State must, within six months of the passing of this Act, lay a

report before both Houses of Parliament on safe restraint practices for child

offenders.’.

Orders to promote rehabilitation of persons paying for the sexual services of a prostitute

Mr Harry Cohen

nc22

To move the following Clause:—

‘(1)
The Street Offences Act 1959 (c. 57) is amended as follows.

(2)
After section 1A (inserted by section [Orders to promote rehabilitation] of this

Act) insert—

“1B
Orders to promote rehabilitation of persons paying for the sexual

services of a prostitute who has been trafficked

(1)
This subsection applies to any person who has paid for the sexual

services of a prostitute who has been trafficked.

(2)
The court may make an order under this subsection requiring a person to

whom subsection (1) applies to attend three meetings with the person for

the time being specified in the order (“the supervisor”) or with such other

person as the supervisor may direct.

(3)
The purpose of any order under subsection (2) is to promote the person’s

rehabilitation by assisting him, through attendance at those meetings,

to—

(a)
address the causes of his conduct, and

(b)
find ways to cease engaging in such conduct in the future.

(4)
Section 1A applies where a court proposes to make an order under

subsection (2) as if the person subject to the order were the offender.”’.

Protection of vulnerable persons following conviction

Mr Harry Cohen

nc23

To move the following Clause:—

‘(1)
The Magistrates’ Courts Act 1980 (c. 43) is amended as follows.

(2)
After section 11 insert—