House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 25th October 2007
20

Criminal Justice and Immigration Bill, continued

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

(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)—

Public Bill Committee Proceedings: 25th October 2007
21

Criminal Justice and Immigration Bill, continued

(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

Agreed to  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—

“(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

Agreed to  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),’.

Public Bill Committee Proceedings: 25th October 2007
22

Criminal Justice and Immigration Bill, continued

Mr David Hanson

Agreed to  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

Agreed to  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

“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.’.

Schedule, as amended, Agreed to.

Mr David Burrowes

Mr Edward Garnier

Mr Nick Hurd

Not called  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;’.

Public Bill Committee Proceedings: 25th October 2007
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Criminal Justice and Immigration Bill, continued

Mr David Burrowes

Mr Edward Garnier

Mr Nick Hurd

Not called  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

Not called  182

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

Agreed to  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.’.

Clause, as amended, Agreed to.

Clause 8 Agreed to.

Mr David Heath

David Howarth

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Negatived on division  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.

Public Bill Committee Proceedings: 25th October 2007
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Criminal Justice and Immigration Bill, continued

(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

Not called  193

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

Mr Harry Cohen

Not called  194

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

Mr Harry Cohen

Not called  195

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

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  9

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

appropriate’.

Mr Harry Cohen

Not called  196

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

Public Bill Committee Proceedings: 25th October 2007
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Criminal Justice and Immigration Bill, continued

Mr David Heath

David Howarth

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  136

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

Mr Harry Cohen

Not called  197

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

Mr Harry Cohen

Not called  198

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

Clause Agreed to.

[Adjourned till Tuesday 20th November at 10.30 a.m.