House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

29

House of Commons

Notices of Amendments

given on

Tuesday 16th October 2007

For other Amendment(s) see the following page(s) of Supplement to Votes:

21-27

Public Bill Committee

Criminal Justice and Immigration Bill

Mr David Hanson

19

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

‘(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 David Hanson

20

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

‘rehabilitation’.

Mr David Hanson

21

Clause  21,  page  16,  line  8,  leave out from ‘been’ to ‘but’ in line 10 and insert ‘dealt

with by such a court for any offence other than the offence and any connected offence on

only one previous occasion’.

Mr David Hanson

22

Schedule  1,  page  91,  line  1,  leave out ‘14’ and insert ‘16’.

Notices of Amendments: 16th October 2007
30

Criminal Justice and Immigration Bill, continued

Mr David Hanson

23

Schedule  1,  page  91,  line  3,  at end insert—

‘(aa)
if the offender is aged 14 or over but under 16 at the time of conviction,

must be—

(i)
not less than 12, and

(ii)
not more than 24;’.

Mr David Hanson

24

Schedule  1,  page  91,  line  5,  leave out ‘18’ and insert ‘12’.

Mr David Hanson

25

Schedule  1,  page  95,  line  40,  leave out from ‘(c)’ to first ‘the’ in line 41.

Mr David Hanson

26

Schedule  1,  page  96,  line  20,  leave out paragraphs (a) and (b) and insert ‘if the

offender has expressed willingness for the treatment to be given as mentioned in that sub-

paragraph’.

Mr David Hanson

27

Schedule  1,  page  97,  line  26,  leave out from ‘(d)’ to ‘the’ in line 27.

Mr David Hanson

28

Schedule  1,  page  98,  leave out line 5.

Mr David Hanson

29

Schedule  1,  page  103,  line  9,  leave out sub-paragraphs (2) and (3).

Mr David Hanson

30

Schedule  2,  page  113,  line  11,  leave out ‘that sub-paragraph’ and insert ‘sub-

paragraph (1)’.

Mr David Hanson

31

Schedule  2,  page  113,  line  14,  leave out ‘(2)’ and insert ‘(1)’.

Mr David Hanson

32

Schedule  2,  page  117,  line  15,  leave out ‘Where the offender is aged 14 or over,’.

Mr David Hanson

33

Schedule  2,  page  117,  line  22,  leave out ‘who is aged 14 or over’.

Notices of Amendments: 16th October 2007
31

Criminal Justice and Immigration Bill, continued

Mr David Hanson

34

Schedule  3,  page  125,  line  37,  leave out from ‘authority’ to end of line 41.

Mr David Hanson

35

Schedule  3,  page  126,  line  4,  leave out sub-paragraph (5).

Mr David Hanson

36

Schedule  4,  page  131,  line  22,  at end insert—

‘Social Work (Scotland) Act 1968 (c. 49)

10A
The Social Work (Scotland) Act 1968 has effect subject to the following

amendments.

10B
In section 86(3) (adjustments between authority providing accommodation etc,

and authority of area of residence) after “supervision order” insert “, youth

rehabilitation order”.

10C
In section 94(1) (interpretation)—

(a)
for the definition of “probation order” substitute—

““probation order”, in relation to an order imposed by a court in

Northern Ireland, has the same meaning as in the Criminal

Justice (Northern Ireland) Order 1996,”,

(b)
in the definition of “supervision order”, omit “the Powers of Criminal

Courts (Sentencing) Act 2000 or”, and

(c)
at the end insert—

““youth rehabilitation order” means an order made under section 1

of the Criminal Justice and Immigration Act 2007.”’.

Mr David Hanson

37

Schedule  4,  page  131,  line  25,  at end insert—

‘11A
Section 25 (transfers between England or Wales and Northern Ireland) ceases

to have effect.

11B(1)
Section 26 (transfers between England or Wales and the Channel Islands or

Isle of Man) is amended as follows.

      (2)
In subsection (1)(c), for the words from “supervision order” to “2000”

substitute “youth rehabilitation order imposing a local authority residence

requirement”.

      (3)
In subsection (2), for the words from “supervision order” to “2000” substitute

“youth rehabilitation order imposing a local authority residence

requirement”.’.

Mr David Hanson

38

Schedule  4,  page  131,  line  31,  leave out paragraphs (b) and (c) and insert—

‘(b)
for paragraph (b) substitute—

“(b)
from local authority accommodation—

(i)
in which he is required to live by virtue of a

youth rehabilitation order imposing a local

authority residence requirement (within the

Notices of Amendments: 16th October 2007
32

Criminal Justice and Immigration Bill, continued

meaning of Part 1 of the Criminal Justice and

Immigration Act 2007); or

(ii)
to which he has been remanded under

paragraph 21 of Schedule 2 to the Criminal

Justice and Immigration Act 2007; or

(iii)
to which he has been remanded or committed

under section 23(1) of this Act,”.’.

Mr David Hanson

39

Schedule  4,  page  132,  line  19,  leave out from ‘for’ to end of line 20 and insert ‘the

words from “mentioned in subsection” to “this section is in premises” substitute

“mentioned in subsection (1), (1A)(a) or (b)(i) or (ii) or (1D) of this section is in

premises”.’.

Mr David Hanson

40

Schedule  4,  page  132,  line  27,  leave out ‘and’ and insert—

‘(aa)
after the definition of “local authority accommodation” insert—

““local authority residence requirement” has the same meaning as

in Part 1 of the Criminal Justice and Immigration Act 2007;”,

and’.

Mr David Hanson

41

Schedule  4,  page  132,  line  32,  at end insert—

‘13A
In section 73(4)(a) (provisions of section 32 extending to Scotland) for “to

(1C)” substitute “to (1E)”.’.

Mr David Hanson

42

Schedule  4,  page  132,  line  40,  leave out paragraph 16 and insert—

‘16
In section 7(2) (limitations on rehabilitation under Act, etc.) for paragraph (d)

substitute—

“(d)
in any proceedings relating to the variation or discharge of a

youth rehabilitation order under Part 1 of the Criminal Justice

and Immigration Act 2007, or on appeal from any such

proceedings;”.’.

Mr David Hanson

43

Schedule  4,  page  137,  line  14,  at end insert—

‘31A
In paragraph 3 of Schedule 8 (privately fostered children) for paragraph (a)

substitute—

“(a)
a youth rehabilitation order made under section 1 of the

Criminal Justice and Immigration Act 2007;”.’.

Mr David Hanson

44

Schedule  4,  page  139,  line  2,  at end insert—

Notices of Amendments: 16th October 2007
33

Criminal Justice and Immigration Bill, continued

‘Criminal Procedure (Scotland) Act 1995 (c. 46)

35A
The Criminal Procedure (Scotland) Act 1995 has effect subject to the

following amendments.

35B(1)
Section 234 (probation orders: persons residing in England and Wales) is

amended as follows.

      (2)
In subsection (2), at the end insert “(in any case where the offender has attained

the age of 18 years) or under section 1 of the Criminal Justice and Immigration

Act 2007 (in any other case)”.

      (3)
In subsection (4)—

(a)
in paragraph (a), for “and section 207(2) of the Criminal Justice Act

2003” substitute “, section 207(2) of the Criminal Justice Act 2003 and

paragraph 20(2) of Schedule 1 to the Criminal Justice and Immigration

Act 2007”,

(b)
in paragraph (a), for “or, as the case may be, community orders under

Part 12 of that Act” substitute “, community orders under Part 12 of

the Criminal Justice Act 2003 or, as the case may be, youth

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

Notices of Amendments: 16th October 2007
34

Criminal Justice and Immigration Bill, continued

(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

(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

Notices of Amendments: 16th October 2007
35

Criminal Justice and Immigration Bill, continued

(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—

“(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.’.