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| |
| |
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| | section 177 of that Act and imposing the requirements |
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| | specified under subsection (4A) above (in any case where the |
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| | offender has attained the age of 18 years); and |
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| | (b) | Schedule 2 to the Criminal Justice and Immigration Act 2007 |
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| | shall apply as if it were a youth rehabilitation order made by a |
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| | magistrates’ court under section 1 of that Act and imposing |
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| | the requirements specified under that subsection (in any other |
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| | |
| | (6) | After subsection (6) insert— |
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| | “(6A) | In its application to a probation order made or amended under this |
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| | section, Schedule 2 to the Criminal Justice and Immigration Act 2007 |
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| | has effect subject to the following modifications— |
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| | (a) | any reference to the responsible officer has effect as a |
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| | reference to the person appointed or assigned under |
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| | |
| | (b) | in paragraph 6, sub-paragraph (2)(c) is omitted and, in sub- |
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| | paragraph (16), the reference to the Crown Court has effect as |
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| | a reference to a court in Scotland, and |
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| | (c) | Parts 3 and 5 are omitted.” |
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| | 35C(1) | Section 242 (community service orders: persons residing in England and |
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| | Wales) is amended as follows. |
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| | (2) | In subsection (1)(a)— |
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| | (a) | in sub-paragraph (ii), after “Part 12 of the Criminal Justice Act 2003)” |
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| | insert “, in any case where the offender has attained the age of 18 |
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| | years, or an unpaid work requirement imposed by a youth |
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| | rehabilitation order (within the meaning of Part 1 of the Criminal |
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| | Justice and Immigration Act 2007), in any other case”, and |
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| | (b) | in sub-paragraph (iii), after “section 177 of the Criminal Justice Act |
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| | 2003” insert “or, as the case may be, imposed by youth rehabilitation |
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| | orders made under section 1 of the Criminal Justice and Immigration |
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| | |
| | (3) | In subsection (2)(b)— |
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| | (a) | after “that court” insert “, in any case where the offender has attained |
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| | the age of 18 years,” and |
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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)”. |
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| | 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. |
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| | (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”. |
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| | (3) | In subsection (4)(a)— |
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| |
| |
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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) |
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| | 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)”. |
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| | 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)”. |
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| | (3) | In subsection (7) after paragraph (b) insert— |
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| | “(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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| |
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| |
| |
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| |
| | |
| Schedule 4, page 147, line 28, at end insert— |
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| | ‘(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 |
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| | of any social services functions, the reference in sub-paragraph |
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| | (7)(b) to a parent or guardian of the offender is to be read as a |
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| | reference to that authority. |
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| | (7B) | In sub-paragraph (7A)— |
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| | “local authority” has the same meaning as it has in Part 1 of the |
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| | 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 |
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| | Children Act 1989 by virtue of section 3 of that Act, and |
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| | “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 |
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| | |
| |
| | |
| Schedule 4, page 149, line 4, at end insert— |
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| | ‘(5A) | 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 |
|
| | (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 |
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| | |
| | Schedule, as amended, Agreed to. |
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| |
| |
| |
| |
| | |
| Clause 7, page 4, line 31, at end insert— |
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| | ‘“alcohol treatment requirement”, in relation to a youth rehabilitation order, |
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| | has the meaning given by paragraph 24B of Schedule 1;’. |
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|
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| |
| |
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| |
| |
| |
| | |
| Clause 7, page 5, line 39, at end insert— |
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| | ‘“reparation requirement”, in relation to a youth rehabilitation order, has the |
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| | 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;’. |
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| |
| | |
| 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, as amended, Agreed to. |
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| | |
| |
| |
| |
| |
| |
| |
| | 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— |
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| | “142A | Purposes etc. of sentencing: offenders aged under 18 |
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| | (1) | This section applies where a court is dealing with an offender aged under |
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| | 18 in respect of an offence. |
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| | (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 |
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| | and Young Persons Act 1933. |
|
| | (3) | The court must ensure a proportionate response to offending behaviour. |
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|
|
| |
| |
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| | |
| | (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’. |
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| |
| | |
| Clause 9, page 6, line 28, leave out ‘18’ and insert ‘19’. |
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| |
| | |
| Clause 9, page 6, line 31, leave out ‘18’ and insert ‘19’. |
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| |
| |
| |
| | |
| Clause 9, page 7, line 1, after ‘of’, insert ‘financial compensation or other |
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| |
| |
| | |
| Clause 9, page 7, line 18, leave out ‘18’ and insert ‘19’. |
|