House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

75

House of Commons

Notices of Amendments

given on

Thursday 18th October 2007

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

48-73

Public Bill Committee

Criminal Justice and Immigration Bill

Mr David Burrowes

Mr Edward Garnier

Mr Nick Hurd

107

Clause  7,  page  5,  line  39,  at end insert—

‘“reparation requirement”, in relation to a youth rehabilitation order, has the

meaning given by paragraph 24A of Schedule 1;’.

Mr David Burrowes

Mr Edward Garnier

Mr Nick Hurd

108

Clause  7,  page  4,  line  31,  at end insert—

‘“alcohol treatment requirement”, in relation to a youth rehabilitation order,

has the meaning given by paragraph 24B of Schedule 1;’.

Mr David Heath

David Howarth

109

Schedule  1,  page  94,  line  30,  leave out paragraph 19.

Preconditions to imposing a youth rehabilitation order

Mr David Heath

David Howarth

nc6

To move the following Clause:—

‘(1)
A court may not make a youth rehabilitation order in respect of an offender

unless—

Notices of Amendments: 18th October 2007
76

Criminal Justice and Immigration Bill, continued

(a)
the offender was legally represented at the relevant time in court, or

(b)
either of the conditions in subsection (2) is satisfied.

(2)
Those conditions are—

(a)
that the offender was granted a right to representation funded by the

Legal Services Commission as part of the Criminal Defence Service for

the purposes of the proceedings but the right was withdrawn because of

the offender’s conduct, or

(b)
that the offender has been informed of the right to apply for such

representation for the purposes of the proceedings and has had the

opportunity to do so, but nevertheless refused or failed to apply.

(3)
In this section “the relevant time” means the time when the court is considering

whether to make that order.’.

Sentencing of young offenders

Mr David Burrowes

Mr Edward Garnier

Mr Nick Hurd

nc7

To move the following Clause:—

‘(1)
Section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (duty

and power to refer certain young offenders to youth offender panels) is amended

as follows.

(2)
Omit subsection (2).

(3)
In subsection (6) omit “(2) or”.

(4)
In consequence of the amendments made by this section, the heading to section

16 becomes “Power to refer certain young offenders to youth offender panels”.

(5)
Section 17 of that Act (the referral conditions) is amended as follows.

(6)
In subsection (1)—

(a)
for “16(2)” substitute “16(3)”, and

(b)
for “compulsory” substitute “discretionary”.

(7)
In subsection (1A) after “conditions”, insert “also”.

(8)
In subsection (3)—

(a)
omit “the compulsory referral conditions or”, and

(b)
for “16(2) or (3) above (as the case may be)” substitute “16(3) above”.

(9)
In section 19 of that Act (making of referral orders: effect on court’s other

sentencing powers) omit subsection (7).’.

Paying for sexual services

Mr Philip Hollobone

NC8

To move the following Clause:—

‘(1)
A person (A) commits an offence if—

(a)
he intentionally obtains for himself the sexual services of another person

(B), and

(b)
before obtaining those services, he has made or promised payment for

those services to B or a third person, or knows that another person has

made or promised such a payment.

Notices of Amendments: 18th October 2007
77

Criminal Justice and Immigration Bill, continued

(2)
In this section “payment” means any financial advantage, including the discharge

of an obligation to pay or the provision of goods or services (including sexual

services) gratuitously or at a discount.

(3)
A person guilty of an offence under this section is liable on summary conviction,

to imprisonment for a term not exceeding 6 months or a fine not exceeding the

statutory maximum or both.’.

Mr David Heath

David Howarth

110

Clause  1,  page  2,  line  17,  leave out paragraph (a).

Mr David Heath

David Howarth

111

Clause  1,  page  2,  line  21,  leave out ‘(3)(a) or (b)’ and insert ‘(3)(b)’.

Intensive supervision and surveillance order

Mr David Heath

David Howarth

NC9

To move the following Clause:—

‘(1)
Where a person aged between 12 and 18 is convicted of an offence, the court by

or before which the person is convicted may in accordance with paragraph 2A of

Schedule 1 make an intensive supervision and surveillance order.

(2)
But a court may only make an intensive supervision and surveillance order if—

(a)
the court is dealing with the offender for an offence which is punishable

with imprisonment,

(b)
the court is of the opinion that the offence, or the combination of the

offence and one or more offences associated with it, was so serious that,

but for paragraph 2A of Schedule 1, a custodial sentence would be

appropriate, and

(c)
if the offender was aged under 15 at the time of conviction, the court is

of the opinion that the offender is a persistent offender.

(3)
Schedule 1 makes further provision about intensive supervision and surveillance

orders.

(4)
This section is subject to—

(a)
sections 148 and 150 of the Criminal Justice Act 2003 (c. 44) (restrictions

on community sentences etc.), and

(b)
the provisions of Parts 1 and 3 of Schedule 1.’.

Restriction on use of detention and training order

Mr David Heath

David Howarth

NC10

To move the following Clause:—

‘(1)
In the Powers of Criminal Courts (Sentencing) Act 2000, after section 100(2)(b),

insert—

Notices of Amendments: 18th October 2007
78

Criminal Justice and Immigration Bill, continued

“(c)
in relation to an offence committed after the commencement of section

[Intensive supervision and surveillance order] of the Criminal Justice

and Immigration Act 2008, unless he has previously received an

intensive supervision and surveillance order under that section.”.’.

Mr David Heath

David Howarth

112

Schedule  1,  page  85,  line  33,  leave out paragraph 3.

Mr David Heath

David Howarth

113

Schedule  1,  page  85,  line  31,  at end insert—

‘Intensive supervision and surveillance orders

2A  (1)
An intensive supervision and surveillance order must contain the following

requirements—

(a)
an activity requirement (see paragraphs 6 to 8), in relation to which the

court must specify a number of days which is not more than 180;

(b)
a supervision requirement (see paragraph 9); and

(c)
a curfew requirement, unless the court is satisfied that the

requirements of the order will involve sufficient surveillance of the

young person without a curfew requirement.

      (2)
An intensive supervision and surveillance order may also contain any other

requirement mentioned in section 1(1).

      (3)
The total restriction on liberty imposed by an intensive supervision and

surveillance order must be proportionate, taking into account—

(a)
the severity of the offence and any offences associated with it,

(b)
the age, emotional and intellectual maturity of the offender, and

(c)
the court’s powers under section [Duty of court to inform the local

authority where child at risk of significant harm].’.

Attendance centre orders

Mr David Heath

David Howarth

NC11

To move the following Clause:—

‘(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—

Notices of Amendments: 18th October 2007
79

Criminal Justice and Immigration Bill, continued

“(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.’.

Mr David Heath

David Howarth

114

Clause  1,  page  2,  line  5,  leave out paragraph (j).

Mr David Heath

David Howarth

115

Clause  1,  page  2,  line  20,  at end insert ‘, or

(c)
a youth rehabilitation order with local authority residence (see paragraph

17 of Schedule 1).’.

Mr David Heath

David Howarth

116

Schedule  1,  page  85,  leave out lines 15 and 16.

Mr David Heath

David Howarth

117

Schedule  1,  page  93,  leave out line 10 and insert—

Notices of Amendments: 18th October 2007
80

Criminal Justice and Immigration Bill, continued

‘Youth rehabilitation order with local authority residence

17(A1)
This paragraph applies where paragraphs (a) to (c) of section 1(4) are

satisfied.’.

Mr David Heath

David Howarth

118

Schedule  1,  page  93,  line  30,  at end insert ‘and that local authority has agreed to the

inclusion of the local authority residence requirement in the youth rehabilitation order.’.

Mr David Heath

David Howarth

119

Schedule  1,  page  93,  line  39,  at end insert—

‘(7)
A youth rehabilitation order which imposes a local authority residence

requirement is referred to in this Part of this Act as a “youth rehabilitation order

with local authority residence” (whatever other requirements mentioned in

section 1(1) or (2) it imposes).’.

Mr David Heath

David Howarth

120

Schedule  1,  page  95,  line  42,  at end insert—

‘(3A)
A court may not specify treatment falling within sub-paragraph (2)(a) in a youth

rehabilitation order unless it is satisfied, on the evidence of a registered medical

practioner approved for the purposes of section 12 of the Mental Health Act 1983,

that the medical condition of the offender is such as requires treatment as a

resident patient.’.

Mr David Heath

David Howarth

121

Schedule  1,  page  105,  line  27,  leave out paragraph 35.

Mr David Heath

David Howarth

122

Schedule  2,  page  108,  line  5,  leave out from beginning to ‘before’ in line 8.

Mr David Heath

David Howarth

123

Schedule  2,  page  108,  leave out lines 18 to 27 and insert—

‘(4A)
Where the offender does not appear in answer to a summons issued under this

paragraph, the appropriate cout may issue a warrant for his or her arrest.’.

Mr David Heath

David Howarth

124

Schedule  2,  page  109,  leave out lines 1 to 4 and insert—

‘(ba)
if the youth rehabilitation order was made by a magistrates’ court, by

dealing with the offender, for the offence in respect of which the order

was made, in any way in which the court could have dealt with the

Notices of Amendments: 18th October 2007
81

Criminal Justice and Immigration Bill, continued

offender for that offence (had the offender been before the court to be

dealt with for it); or

(bb)
if the youth rehabilitation order was made in the Crown Court, by

committing the young offender in custody or releasing him on bail until

he can be brought before, or appear before, the Crown Court.’.

Mr David Heath

David Howarth

125

Schedule  2,  page  109,  line  4,  at end insert—

‘(2A)
Where the court deals with the offender under the previous sub-paragraph, it must

send to the Crown Court—

(a)
a certificate signed by a justice of the peace certifying that the offender

has failed to comply with the youth rehabilitation order in the respect

certified in the certificate; and

(b)
such other particulars as may be desirable.

(2B)
Such a certificate purporting to be so signed is admissable as evidence of the

failure before the Crown Court.’.

Mr David Heath

David Howarth

126

Schedule  2,  page  110,  line  26,  leave out paragraph 7.

Mr David Heath

David Howarth

127

Schedule  2,  page  111,  leave out line 4 and insert ‘paragraph 6, and’.

Mr David Heath

David Howarth

128

Schedule  2,  page  109,  line  44,  leave out sub-pargraphs (12) to (15).

Mr David Heath

David Howarth

129

Schedule  2,  page  112,  line  10,  leave out sub-paragraphs (11) to (14).

Mr David Heath

David Howarth

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

130

Schedule  2,  page  108,  line  29,  at end insert—

‘(za)
a youth rehabilitation order is still in force, and’.