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| Schedule 2, page 108, line 36, leave out from ‘ways’ to end of line 37. |
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| Schedule 2, page 111, line 2, at end insert— |
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| | ‘(za) | a youth rehabilitation order is still in force, and’. |
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| Schedule 2, page 111, line 9, leave out from ‘ways’ to end of line 10. |
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| Schedule 2, page 106, line 40, leave out paragraphs 3 and 4. |
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| | Principal aim of the youth justice system |
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| To move the following Clause:— |
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| | ‘(1) | Section 37 of the Crime and Disorder Act 1998 (c.37) (aim of the youth justice |
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| | system) is amended as follows. |
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| | (2) | In subsection (1), after “preventing offending” insert “including re-offending)”. |
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| | “(3) | Subsection (2) above is subject to section 142A(2) of the Criminal Justice |
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| | Act 2003 (which requires a court to have a regard primarily to the welfare |
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| | and well-being of offenders aged under 18 in accordance with its duties |
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| | under section 44 of the Children and Young Persons Act 1933).”.’. |
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| | Courts to have regard to the welfare and well-being of offenders under 18 |
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| To move the following Clause:— |
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| | ‘(1) | Section 44 of the Children and Young Persons Act 1933 (principles to be |
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| | observed by all courts in dealing with children and young persons: general |
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| | considerations) is amended as follows. |
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| | (2) | In subsection (1) after “shall have regard to the welfare”, insert “and well-being”. |
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| | (3) | After subsection (1) insert— |
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| | “(1A) | In complying with their duties under subsection (1), courts shall have |
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| | regard in particular to the following matters— |
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| | (a) | in respect of welfare, the matters set out in section 1(3) of the |
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| | (b) | in respect of well-being, the matters set out in section 10(2) of the |
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| Clause 9, page 6, line 25, leave out subsection (1) and insert— |
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| | ‘(1) | After section 142 of the Criminal Justice Act 2003 (c. 44) insert— |
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| | “142A | Purposes etc. of sentencing: offenders aged under 18 |
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| | (1) | This section applies where a court is dealing with an offender aged under |
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| | 18 in respect of an offence. |
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| | (2) | The court must have regard primarily to the welfare and well-being of the |
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| | offender, in accordance with its duties under section 44 of the Children |
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| | and Young Persons Act 1933. |
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| | (3) | The court must ensure a proportionate response to offending behaviour. |
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| | (a) | have regard to the purposes of sentencing mentioned in |
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| | subsection (5), in so far as it is not required to do so by subsection |
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| | (b) | in accordance with section 37 of the Crime and Disorder Act |
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| | 1998, have regard to the principal aim of the youth justice |
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| | system, namely to prevent offending (including re-offending) by |
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| | children and young persons. |
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| | (5) | The purposes of sentencing are— |
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| | (a) | the reform and rehabilitation of offenders, |
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| | (b) | the protection of the public, and |
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| | (c) | the making of reparation by offenders to persons affected by |
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| | (6) | This section does not apply— |
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| | (a) | to an offence the sentence for which is fixed by law, |
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| | (b) | in relation to the making of a hospital order (with or without a |
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| | restriction order), an interim hospital order, a hospital direction |
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| | or a limitation direction under Part 3 of the Mental Health Act |
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| | (7) | In respect of a proportionate response, as stated in subsection (3), this |
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| | shall be considered to mean a variety of dispositions, such as care, |
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| | guidance and supervision orders; counselling; probation; foster care; |
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| | education and vocational training programmes and other alternatives to |
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| | institutional care, in a manner proportionate both to their circumstances |
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| Clause 9, page 7, line 20, leave out subsections (3) and (4). |
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| Clause 12, page 8, line 23, after ‘below,’, insert ‘if the offender is over the age of |
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| Clause 16, page 11, line 15, at end insert— |
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| | ‘(c) | if the person is under the age of 18, at the date of his or her return to |
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| Clause 16, page 12, line 3, at end insert— |
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| | ‘(c) | if the person is under the age of 18, at the date of his or her return to |
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| Clause 21, page 16, line 8, leave out ‘of only one offence other than the’ and insert |
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| ‘on only one occasion for an’. |
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| Clause 21, page 16, line 10, leave out from ‘offence’ to end of line 11 and insert ‘; |
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| | (iii) | if they have previously been referred to a youth offender panel |
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| | under section 16 above, a futher referral has been recommended |
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| | (a) | a member of a youth offending team, |
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| | (b) | an officer of a local probation team, or |
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| | (c) | a social worker of a local authority.’. |
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| | Extension of a referral order |
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| To move the following Clause:— |
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| | ‘(1) | Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 is amended |
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| | (2) | In paragraph 5(1) for “power” substitute “powers”. |
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| | (3) | For paragraph 5(2) substitute— |
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| | “(2) | Those powers are the powers to revoke the referral order (or each of the |
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| | referral orders) or extend it by up to 3 months.”. |
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| | (4) | In paragraph 5(5) for “so dealing with the offender” substitute “revoking an order |
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| | for an offence specified in sub-paragraph (4).”. |
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| | (5) | In paragraph 5(6) after “The appropriate court may not exercise the” insert |
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| Schedule 11, page 161, leave out line 40. |
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| Schedule 11, page 162, leave out line 3 to 6 and insert ‘a condition that the offender |
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| attend at a specified place at specified times, but may not include a condition that the |
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| offender pay a financial penalty’. |
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| Schedule 11, page 162, line 41, leave out from beginning to end of line 20 on page |
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| | Accommodation in which persons aged under 18 may be detained |
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| To move the following Clause:— |
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| | ‘(1) | No person aged under 18 shall be detained in a young offender institution or a |
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| | secure training centre unless the Secretary of State certifies that he can be |
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| | (2) | In section 107(1) of the Powers of Criminal Courts (Sentencing Act) 2000 |
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| | (meaning of “youth detention accommodation”)— |
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| | (a) | omit paragraphs (a) and (b); and |
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| | (b) | in paragraph (c) after “by order specify” insert “but not including a secure |
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| | training centre or young offender institution”. |
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| | (3) | At the end of section 92(1)(b) of the Powers of Criminal Courts (Sentencing) Act |
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| | 2000 (detention under sections 90 and 91: place of detention etc.) substitute the |
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| | (4) | At the end of section 92(1) insert “provided that such place is not a secure training |
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| | centre or young offender institution”. |
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| | (5) | Omit sections 23(7A) and (7B) of the Children and Young Persons Act 1969. |
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| | (6) | Omit section 98 of the Crime and Disorder Act 1998.’. |
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| Clause 30, page 21, line 17, leave out subsection (4). |
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| Clause 30, page 21, line 30, leave out subsection (7). |
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| Clause 31, page 22, line 6, leave out ‘one year’ and insert ‘3 years’. |
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| Clause 31, page 22, line 14, leave out ‘three’ and insert ‘12’. |
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| Clause 32, page 22, line 37, leave out ‘before’ and insert ‘after’. |
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| Clause 32, page 23, line 11, after ‘complainant’, insert ‘in writing’. |
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| Clause 32, page 23, line 14, after ‘Notification’, insert ‘to persons other than the |
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| Clause 33, page 23, line 27, at beginning insert ‘not’. |
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| Clause 35, page 24, line 31, at end insert ‘, including an offence under the |
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| Corporate Manslaughter Act 2007,’. |
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| Clause 36, page 25, line 32, at end add— |
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| | ‘(8) | A report published by the Commissioner, whether or not published with the |
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| | consent of a complainant or his personal representatives, and a fair and accurate |
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| | report published by another person of any such report if published |
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| | contemporaneously, are for the purposes of the law of defamation published on |
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| | an occasion of absolute privilege.’. |
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| Page 25, line 33, leave out Clause 37. |
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| Clause 37, page 25, line 36, leave out subsection (2). |
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| Schedule 10, page 160, line 38, at end add— |
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| | ‘A local authority in any part of the United Kingdom which owns or |
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| | manages secure accommodation.’. |
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| Schedule 6, page 154, line 32, leave out ‘Secretary of State’ and insert |
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