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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      

23

 

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      

24

 

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      

25

 

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.


 
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