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| |
| |
|
| | (b) | after “2003” insert “or it appears to that court, in any other case, that |
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| | provision can be made for the offender to perform work under the |
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| | order under the arrangements which exist in that area for persons to |
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| | perform work under unpaid work requirements imposed by youth |
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| | rehabilitation orders made under section 1 of the Criminal Justice and |
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| | |
| | (4) | In subsection (3)(b) at the end insert “or, as the case may be, conferred on |
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| | responsible officers by Part 1 of the Criminal Justice and Immigration Act |
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| | 2007 in respect of unpaid work requirements imposed by youth rehabilitation |
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| | orders (within the meaning of that Part)”. |
|
| | 35D(1) | Section 244 (community service orders: general provisions relating to persons |
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| | residing in England and Wales or Northern Ireland) is amended as follows. |
|
| | (2) | In subsection (3)(a)— |
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| | (a) | after “2003)” insert “or, as the case may be, a youth rehabilitation |
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| | order (within the meaning of Part 1 of the Criminal Justice and |
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| | Immigration Act 2007)”, and |
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| | (b) | after “such community orders” insert “or youth rehabilitation orders”. |
|
| | (3) | In subsection (4)(a)— |
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| | (a) | for “or, as the case may be, community orders” substitute “, |
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| | |
| | (b) | after “2003)” insert “or, as the case may be, youth rehabilitation orders |
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| | (within the meaning of Part 1 of the Criminal Justice and Immigration |
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| | |
| | |
| | (a) | for “or, as the case may be, a community order” substitute “, a |
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| | |
| | (b) | after “2003)” insert “or, as the case may be, a youth rehabilitation |
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| | order (within the meaning of Part 1 of the Criminal Justice and |
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| | |
| | |
| | (a) | for “or, as the case may be, community orders” substitute “, |
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| | |
| | (b) | after “within the meaning of Part 12 of the Criminal Justice Act 2003)” |
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| | insert “or, as the case may be, youth rehabilitation orders (within the |
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| | meaning of Part 1 of the Criminal Justice and Immigration Act 2007)”, |
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| | |
| | (c) | after “the responsible officer under Part 12 of the Criminal Justice Act |
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| | 2003” insert “or, as the case may be, under Part 1 of the Criminal |
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| | Justice and Immigration Act 2007”.’. |
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| |
| | |
| Schedule 4, page 141, line 30, at end insert— |
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| | ‘Child Support, Pensions and Social Security Act 2000 (c. 19) |
|
| | 53A | The Child Support, Pensions and Social Security Act 2000 has effect subject |
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| | to the following amendments. |
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| | 53B(1) | Section 62 (loss of benefit for breach of community order) is amended as |
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| | |
| | (2) | In the definition of “relevant community order” in subsection (8)— |
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| | (a) | after “2003;” in paragraph (a) insert— |
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|
|
| |
| |
|
| | “(aa) | a youth rehabilitation order made under section 1 of |
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| | the Criminal Justice and Immigration Act 2007;”, and |
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| | (b) | in paragraph (b) for “such an order” substitute “an order specified in |
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| | |
| | (3) | In subsection (11)(c)(ii) for “and (b)” substitute “to (b)”. |
|
| | 53C(1) | Section 64 (information provision) is amended as follows. |
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| | (2) | In subsection (6)(a) after “2003)” insert “, youth rehabilitation orders (as |
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| | 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 |
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| | Criminal Justice and Immigration Act 2007;”.’. |
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| |
| | |
| Schedule 4, page 145, line 39, leave out ‘in paragraph (b)(ii),’ and insert ‘in |
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| paragraph (b) (as substituted by paragraph 12(2)(b) of this Schedule), in sub-paragraph |
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| |
| |
| | |
| Schedule 4, page 147, line 28, at end insert— |
|
| | ‘(7A) | If a local authority has parental responsibility for an offender who |
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| | 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 |
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| | |
| | “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 |
|
| | |
| |
| | |
| Schedule 4, page 149, line 4, at end insert— |
|
| | ‘(5A) | 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 |
|
| | (5)(b) to a parent or guardian of the offender is to be read as a |
|
| | reference to that authority. |
|
| | (5B) | In sub-paragraph (5A)— |
|
| | “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 |
|
| | |
| | “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 |
|
| | |
| |
| |
| |
| |
| | |
| 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;’. |
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| |
| |
| |
| | |
| 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;’. |
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| |
| |
| | |
| | Clause 7, page 5, line 48, at end insert—
|
|
| |
| ‘“substance treatment requirement”, in relation to a youth rehabilitation order, has the |
|
| meaning given by paragraph 23A of Schedule 1;’. |
|
| |
| | |
| Clause 7, page 6, line 17, at end add— |
|
| | ‘(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. |
|
| | |
| | “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 |
|
| | |
| |
|
|
| |
| |
|
| |
| |
| |
| |
| |
| | |
| Clause 9, page 6, line 25, leave out subsection (1) and insert— |
|
| | ‘(1) | After section 142 of the Criminal Justice Act 2003 (c. 44) insert— |
|
| | “142A | Purposes etc. of sentencing: offenders aged under 18 |
|
| | (1) | This section applies where a court is dealing with an offender aged under |
|
| | 18 in respect of an offence. |
|
| | (2) | The court must have regard primarily to the welfare and well-being of the |
|
| | offender, in accordance with its duties under section 44 of the Children |
|
| | and Young Persons Act 1933. |
|
| | (3) | The court must ensure a proportionate response to offending behaviour. |
|
| | |
| | (a) | have regard to the purposes of sentencing mentioned in |
|
| | subsection (5), in so far as it is not required to do so by subsection |
|
| | |
| | (b) | in accordance with section 37 of the Crime and Disorder Act |
|
| | 1998, have regard to the principal aim of the youth justice |
|
| | system, namely to prevent offending (including re-offending) by |
|
| | children and young persons. |
|
| | (5) | The purposes of sentencing are— |
|
| | (a) | the reform and rehabilitation of offenders, |
|
| | (b) | the protection of the public, and |
|
| | (c) | the making of reparation by offenders to persons affected by |
|
| | |
| | (6) | This section does not apply— |
|
| | (a) | to an offence the sentence for which is fixed by law, |
|
| | (b) | in relation to the making of a hospital order (with or without a |
|
| | restriction order), an interim hospital order, a hospital direction |
|
| | or a limitation direction under Part 3 of the Mental Health Act |
|
| | |
| | (7) | In respect of a proportionate response, as stated in subsection (3), this |
|
| | shall be considered to mean a variety of dispositions, such as care, |
|
| | guidance and supervision orders; counselling; probation; foster care; |
|
| | education and vocational training programmes and other alternatives to |
|
| | institutional care, in a manner proportionate both to their circumstances |
|
| | |
| |
| | |
| | Clause 9, page 6, line 26, leave out ‘18’ and insert ‘19’. |
|
| |
| | |
| | Clause 9, page 6, line 28, leave out ‘18’ and insert ‘19’. |
|
|
|
| |
| |
|
| |
| | |
| | Clause 9, page 6, line 31, leave out ‘18’ and insert ‘19’. |
|
| |
| |
| |
| | |
| Clause 9, page 7, line 1, after ‘of’, insert ‘financial compensation or other |
|
| |
| |
| | |
| | Clause 9, page 7, line 18, leave out ‘18’ and insert ‘19’. |
|
| |
| |
| |
| |
| |
| | |
| Clause 9, page 7, line 20, leave out subsections (3) and (4). |
|
| |
| | |
| | Clause 9, page 7, line 25, leave out ‘18’ and insert ‘19’. |
|
| |
| | |
| | Clause 9, page 7, line 34, leave out ‘18’ and insert ‘19’. |
|
| |
| |
| |
| |
| | |
| Page 7, line 35, leave out Clause 10. |
|
| |
| |
| | |
| Clause 11, page 8, line 13, leave out second ‘community’ and insert |
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| |
|
|
| |
| |
|
| |
| |
| |
| | |
| Page 8, line 6, leave out Clause 11. |
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| |
| |
| |
| | |
| Clause 12, page 8, line 23, after ‘below,’, insert ‘if the offender is over the age of |
|
| |
| |
| |
| |
| | |
| Page 8, line 17, leave out Clause 12. |
|
| |
| |
| | |
| Clause 13, page 9, leave out lines 27 to 29 and insert— |
|
| | “(1A) | Subsection (1) applies to a court sentencing a person to— |
|
| | (a) | a term of imprisonment for an offence committed before 4 April 2005, or |
|
| | (b) | a term of imprisonment of less than 12 months for an offence committed |
|
| | |
| | | as it applies to the imposition of any other term of imprisonment.’. |
|
| |
| | |
| Clause 13, page 9, line 34, at end insert— |
|
| | ‘(5) | Any saving by virtue of which section 84 of the Powers of Criminal Courts |
|
| | (Sentencing) Act 2000 (c. 6) (restrictions on consecutive sentences for released |
|
| | prisoners) continues to apply in certain cases (despite the repeal of that section by |
|
| | the Criminal Justice Act 2003) shall cease to have effect.’. |
|
| |
| |
| |
| | |
| Page 9, line 7, leave out Clause 13. |
|
| |
|
|
| |
| |
|
| |
| |
| |
| | |
| Clause 15, page 10, line 17, at end add— |
|
| | ‘(2A) | For the avoidance of doubt there is a rebuttable presumption that any such |
|
| | prisoner will be removed from the United Kingdom following his release without |
|
| | prejudice to any existing rights not to be, or protections from being, removed |
|
| | under British or European Union law.’. |
|
| |
| |
| | |
| Clause 16, page 10, line 23, leave out subsection (2) and insert— |
|
| | ‘(2) | After section 255 of that Act (recall of prisoners released early under section 246) |
|
| | |
| | “255A | Further release after recall: introductory |
|
| | (1) | This section applies for the purpose of identifying which of sections |
|
| | 255B to 255D governs the further release of a person who has been |
|
| | recalled under section 254 (“the prisoner”). |
|
| | (2) | The prisoner is eligible to be considered for automatic release unless— |
|
| | (a) | he is an extended sentence prisoner or a specified offence |
|
| | |
| | (b) | he has, during the same term of imprisonment, already been |
|
| | released under section 255B(1)(b) or (2) or section 255C(2). |
|
| | (3) | If the prisoner is eligible to be considered for automatic release the |
|
| | Secretary of State must, on recalling him, consider whether he is suitable |
|
| | |
| | (4) | For this purpose “automatic release” means release at the end of the |
|
| | period of 28 days beginning with the date on which the prisoner is |
|
| | |
| | (5) | The person is suitable for automatic release only if the Secretary of State |
|
| | is satisfied that he will not present a risk of serious harm to members of |
|
| | the public if he is released at the end of that period. |
|
| | (6) | The prisoner must be dealt with— |
|
| | (a) | in accordance with section 255B if he is suitable for automatic |
|
| | |
| | (b) | in accordance with section 255C if he is eligible to be considered |
|
| | for automatic release but was not considered to be suitable for it; |
|
| | (c) | in accordance with section 255C if he is a specified offence |
|
| | |
| | (d) | in accordance with section 255D if he is an extended sentence |
|
| | |
| | (7) | The prisoner is an “extended sentence prisoner” if he is serving an |
|
| | extended sentence imposed under section 227 or 228 of this Act, section |
|
| | 58 of the Crime and Disorder Act 1998 or section 85 of the Powers of |
|
| | Criminal Courts (Sentencing) Act 2000. |
|
|