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Public Bill Committee: 23rd October 2007                

113

 

Criminal Justice and Immigration Bill, continued

 
 

(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

 

(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—


 
 

Public Bill Committee: 23rd October 2007                

114

 

Criminal Justice and Immigration Bill, continued

 
 

“(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.’.

 

Mr David Hanson

 

48

 

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

 

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


 
 

Public Bill Committee: 23rd October 2007                

115

 

Criminal Justice and Immigration Bill, continued

 
 

“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.’.

 


 

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 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 Heath

 

David Howarth

 

182

 

Parliamentary Star - white    

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;’.

 

Mr David Hanson

 

19

 

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.

 

(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.’.

 



 
 

Public Bill Committee: 23rd October 2007                

116

 

Criminal Justice and Immigration Bill, continued

 
 

Mr David Heath

 

David Howarth

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

135

 

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.

 

(4)    

The court must also—

 

(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

 

(2), and

 

(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

 

their offences.

 

(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

 

1983.

 

(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

 

and the offence.’.

 

Mr Harry Cohen

 

193

 

Parliamentary Star - white    

Clause  9,  page  6,  line  26,  leave out ‘18’ and insert ‘19’.

 

Mr Harry Cohen

 

194

 

Parliamentary Star - white    

Clause  9,  page  6,  line  28,  leave out ‘18’ and insert ‘19’.


 
 

Public Bill Committee: 23rd October 2007                

117

 

Criminal Justice and Immigration Bill, continued

 
 

Mr Harry Cohen

 

195

 

Parliamentary Star - white    

Clause  9,  page  6,  line  31,  leave out ‘18’ and insert ‘19’.

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

9

 

Clause  9,  page  7,  line  1,  after ‘of’, insert ‘financial compensation or other

 

appropriate’.

 

Mr Harry Cohen

 

196

 

Parliamentary Star - white    

Clause  9,  page  7,  line  18,  leave out ‘18’ and insert ‘19’.

 

Mr David Heath

 

David Howarth

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

136

 

Clause  9,  page  7,  line  20,  leave out subsections (3) and (4).

 

Mr Harry Cohen

 

197

 

Parliamentary Star - white    

Clause  9,  page  7,  line  25,  leave out ‘18’ and insert ‘19’.

 

Mr Harry Cohen

 

198

 

Parliamentary Star - white    

Clause  9,  page  7,  line  34,  leave out ‘18’ and insert ‘19’.

 


 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

10

 

Page  7,  line  35,  leave out Clause 10.

 


 

Mr David Hanson

 

20

 

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

 

‘rehabilitation’.


 
 

Public Bill Committee: 23rd October 2007                

118

 

Criminal Justice and Immigration Bill, continued

 
 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

11

 

Page  8,  line  6,  leave out Clause 11.

 


 

Mr David Heath

 

David Howarth

 

137

 

Clause  12,  page  8,  line  23,  after ‘below,’, insert ‘if the offender is over the age of

 

18 years,’.

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

16

 

Page  8,  line  17,  leave out Clause 12.

 


 

Mr David Hanson

 

175

 

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

 

on or after that date,

 

    

as it applies to the imposition of any other term of imprisonment.’.

 

Mr David Hanson

 

176

 

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.’.

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

17

 

Page  9,  line  7,  leave out Clause 13.

 



 
 

Public Bill Committee: 23rd October 2007                

119

 

Criminal Justice and Immigration Bill, continued

 
 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

12

 

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.’.

 


 

Mr David Hanson

 

74

 

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)

 

insert—

 

“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

 

prisoner; or

 

(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

 

for automatic release.

 

(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

 

returned to prison.

 

(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

 

release;

 

(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

 

prisoner;

 

(d)    

in accordance with section 255D if he is an extended sentence

 

prisoner.

 

(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.


 
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