House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Public Bill Committee: 23rd October 2007
106

Criminal Justice and Immigration Bill, continued

Mr David Heath

David Howarth

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

134

Schedule  2,  page  106,  line  40,  leave out paragraphs 3 and 4.

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 court may issue a warrant for his or her arrest.’.

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’.

Mr David Heath

David Howarth

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

131

Schedule  2,  page  108,  line  36,  leave out from ‘ways’ to end of line 37.

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

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.’.

Public Bill Committee: 23rd October 2007
107

Criminal Justice and Immigration Bill, continued

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

128

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

Mr David Heath

David Howarth

126

Schedule  2,  page  110,  line  27,  leave out paragraph 7.

Mr David Heath

David Howarth

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

132

Schedule  2,  page  111,  line  2,  at end insert—

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

Mr David Heath

David Howarth

127

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

Mr David Heath

David Howarth

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

133

Schedule  2,  page  111,  line  9,  leave out from ‘ways’ to end of line 10.

Mr David Heath

David Howarth

129

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

Public Bill Committee: 23rd October 2007
108

Criminal Justice and Immigration Bill, continued

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’.

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 Edward Garnier

Mr David Burrowes

Mr Nick Hurd

3

Clause  4,  page  3,  line  22,  leave out subsection (3).

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

4

Clause  4,  page  3,  line  30,  leave out subsection (4).

Mr David Heath

David Howarth

172

Clause  5,  page  3,  line  39,  after ‘take’, insert ‘reasonable’.

Public Bill Committee: 23rd October 2007
109

Criminal Justice and Immigration Bill, continued

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

5

Clause  5,  page  3,  line  45,  after ‘offender’s’, insert ‘, or his immediate family’s,’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

6

Clause  5,  page  4,  line  5,  leave out subsection (4).

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

7

Clause  5,  page  4,  line  8,  at end insert ‘written’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

8

Clause  5,  page  4,  line  11,  after ‘officer’, insert ‘in writing’.

Mr David Heath

David Howarth

173

Clause  5,  page  4,  line  11,  at end insert ‘within a reasonable period of time’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

15

Clause  5,  page  4,  line  11,  at end insert—

‘(5A)
Any instructions given in accordance with subsection (5)(a) must be recorded in

the offender’s probation records.

(5B)
A copy of instructions recorded in accordance with subsection (5A) shall be

provided to the offender on request.’.

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”.

Public Bill Committee: 23rd October 2007
110

Criminal Justice and Immigration Bill, continued

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

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”.’.

Public Bill Committee: 23rd October 2007
111

Criminal Justice and Immigration Bill, continued

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—

‘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

Public Bill Committee: 23rd October 2007
112

Criminal Justice and Immigration Bill, continued

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

(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