Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 4 — Provisions applying where court makes youth rehabilitation order etc.
104

Provision of copies of orders
33    (1)
The court by which any youth rehabilitation order is made must forthwith
provide copies of the order—
(a)
to the offender,
(b)
if the offender is aged under 14, to the offender’s parent or guardian,
5
and
(c)
to a member of a youth offending team assigned to the court or to an
officer of a local probation board assigned to the court.
      (2)
Sub-paragraph (3) applies where a youth rehabilitation order—
(a)
is made by the Crown Court, or
10
(b)
is made by a magistrates’ court which does not act in the local justice
area specified in the order.
      (3)
The court making the order must—
(a)
provide to the magistrates’ court acting in the local justice area
specified in the order—
15
(i)
a copy of the order, and
(ii)
such documents and information relating to the case as it
considers likely to be of assistance to a court acting in that
area in the exercise of its functions in relation to the order,
and
20
(b)
provide a copy of the order to the local probation board acting for
that area.
      (4)
Where a youth rehabilitation order imposes any requirement specified in the
first column of the following Table, the court by which the order is made
must also forthwith provide the person specified in relation to that
25
requirement in the second column of that Table with a copy of so much of
the order as relates to that requirement.

Requirement
Person to whom copy of requirement is

to be given

An activity requirement
The person in charge of that place.

30

specifying a place under

paragraph 6(1)(a).

An activity requirement
The person in charge of that activity.

specifying an activity under

paragraph 6(1)(b).

35

An activity requirement
The person in charge of the place or

specifying a residential
activity specified under paragraph

exercise under paragraph
6(4) in relation to that residential

6(1)(c).
exercise.

An attendance centre
The officer in charge of the

40

requirement.
attendance centre specified under

paragraph 12(1).

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 4 — Provisions applying where court makes youth rehabilitation order etc.
105

Requirement
Person to whom copy of requirement is

to be given

An exclusion requirement
The person intended to be protected.

imposed for the purpose (or

partly for the purpose) of

5

protecting a person from

being approached by the

offender.

A residence requirement
The individual specified under

requiring residence with an
paragraph 16(1)(a).

10

individual.

A place of residence
The person in charge of the

requirement (within the
institution.

meaning of paragraph 16)

relating to residence in an

15

institution.

A local authority residence
The local authority specified under

requirement.
paragraph 17(1).

A mental health treatment
The person in charge of the

requirement.
institution or place specified under

20

sub-paragraph (2)(a) or (b) of

paragraph 20, or the person specified

under sub-paragraph (2)(c) of that

paragraph.

A drug treatment
The treatment provider specified

25

requirement.
under paragraph 22(1).

A drug testing requirement.
The treatment provider specified

under paragraph 22(1).

An education requirement.
The local education authority

specified under paragraph 24(2).

30

An electronic monitoring
Any person who by virtue of

requirement.
paragraph 25(4) will be responsible

for the electronic monitoring.

Any person without whose consent

the requirement could not have been

35

included in the order.

Power to provide for court review of orders
34    (1)
The Secretary of State may by order—
(a)
enable or require a court making a youth rehabilitation order to
provide for the order to be reviewed periodically by that or another
40
court,
(b)
enable a court to amend a youth rehabilitation order so as to include
or remove a provision for review by a court, and
(c)
make provision as to the timing and conduct of reviews and as to the
powers of the court on a review.
45

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 1 — Preliminary
106

      (2)
An order under this paragraph may, in particular, make provision in
relation to youth rehabilitation orders corresponding to any provision made
by sections 191 and 192 of the Criminal Justice Act 2003 (c. 44) (reviews of
suspended sentence orders) in relation to suspended sentence orders.
      (3)
An order under this paragraph may repeal or amend any provision of—
5
(a)
this Part of this Act, or
(b)
Chapter 1 of Part 12 of the Criminal Justice Act 2003 (general
provisions about sentencing).
Order made by Crown Court: direction in relation to further proceedings
35    (1)
Where the Crown Court makes a youth rehabilitation order, it may include
10
in the order a direction that further proceedings relating to the order be in a
youth court or other magistrates’ court (subject to paragraph 7 of Schedule
2).
      (2)
In sub-paragraph (1), “further proceedings”, in relation to a youth
rehabilitation order, means proceedings—
15
(a)
for any failure to comply with the order within the meaning given by
paragraph 1(2)(b) of Schedule 2, or
(b)
on any application for amendment or revocation of the order under
Part 3 or 4 of that Schedule.
Schedule 2
20
Section 2

Breach, revocation or amendment of youth rehabilitation orders
Part 1
Preliminary
Interpretation
1     (1)
In this Schedule, “the offender”, in relation to a youth rehabilitation order,
25
means the person in respect of whom the order is made.
      (2)
In this Schedule—
(a)
any reference (however expressed) to an offender’s compliance with
a youth rehabilitation order is a reference to the offender’s
compliance with—
30
(i)
the requirement or requirements imposed by the order, and
(ii)
if the order imposes an attendance centre requirement, rules
made under section 222(1)(d) or (e) of the Criminal Justice
Act 2003 (“attendance centre rules”), and
(b)
any reference (however expressed) to the offender’s failure to
35
comply with the order is a reference to any failure of the offender to
comply—
(i)
with a requirement imposed by the order, or
(ii)
if the order imposes an attendance centre requirement, with
attendance centre rules.
40
      (3)
For the purposes of this Schedule—

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order
107

(a)
a requirement falling within any paragraph of Part 2 of Schedule 1 is
of the same kind as any other requirement falling within that
paragraph, and
(b)
an electronic monitoring requirement is a requirement of the same
kind as any requirement falling within Part 2 of Schedule 1 to which
5
it relates.
Orders made on appeal
2
Where a youth rehabilitation order has been made on appeal, for the
purposes of this Schedule it is to be treated—
(a)
if it was made on an appeal from a magistrates’ court, as having been
10
made by a magistrates’ court;
(b)
if it was made on an appeal brought from the Crown Court or from
the criminal division of the Court of Appeal, as having been made by
the Crown Court.
Part 2
15
Breach of requirement of order
Duty to give warning
3     (1)
If the responsible officer is of the opinion that the offender has failed without
reasonable excuse to comply with a youth rehabilitation order, the
responsible officer must give the offender a warning under this paragraph
20
unless under paragraph 4(1) or (2) the responsible officer causes an
information to be laid before a justice of the peace in respect of the failure.
      (2)
A warning under this paragraph must—
(a)
describe the circumstances of the failure,
(b)
state that the failure is unacceptable, and
25
(c)
state that the offender will be liable to be brought before a court—
(i)
in a case where the warning is given during the warned
period relating to a previous warning under this paragraph,
if during that period the offender again fails to comply with
the order, or
30
(ii)
in any other case, if during the warned period relating to the
warning, the offender fails on more than one occasion to
comply with the order.
      (3)
The responsible officer must, as soon as practicable after the warning has
been given, record that fact.
35
      (4)
In this paragraph, “warned period”, in relation to a warning under this
paragraph, means the period of 12 months beginning with the date on which
the warning was given.
Breach of order
4     (1)
If the responsible officer—
40
(a)
has given a warning (“the first warning”) under paragraph 3 to the
offender in respect of a youth rehabilitation order,

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order
108

(b)
during the warned period relating to the first warning, has given
another warning under that paragraph to the offender in respect of a
failure to comply with the order, and
(c)
is of the opinion that, during the warned period relating to the first
warning, the offender has again failed without reasonable excuse to
5
comply with the order,

the responsible officer must cause an information to be laid before a justice
of the peace in respect of the failure mentioned in paragraph (c).
      (2)
If—
(a)
the responsible officer is of the opinion that the offender has failed
10
without reasonable excuse to comply with a youth rehabilitation
order, and
(b)
sub-paragraph (1) does not apply,

the responsible officer may cause an information to be laid before a justice of
the peace in respect of that failure.
15
      (3)
In this paragraph, “warned period” has the same meaning as in paragraph 3.
Issue of summons or warrant by justice of the peace
5     (1)
If at any time while a youth rehabilitation order is in force it appears on
information to a justice of the peace that an offender has failed to comply
with a youth rehabilitation order, the justice may—
20
(a)
issue a summons requiring the offender to appear at the place and
time specified in it, or
(b)
if the information is in writing and on oath, issue a warrant for the
offender’s arrest.
      (2)
Any summons or warrant issued under this paragraph must direct the
25
offender to appear or be brought—
(a)
if the youth rehabilitation order was made by the Crown Court and
does not include a direction under paragraph 35 of Schedule 1,
before the Crown Court, and
(b)
in any other case, before the appropriate court.
30
      (3)
In sub-paragraph (2), “appropriate court” means—
(a)
if the offender is aged under 18, a youth court acting in the relevant
local justice area, and
(b)
if the offender is aged 18 or over, a magistrates’ court (other than a
youth court) acting in that local justice area.
35
      (4)
In sub-paragraph (3), “relevant local justice area” means—
(a)
the local justice area in which the offender resides, or
(b)
if it is not known where the offender resides, the local justice area
specified in the youth rehabilitation order.
      (5)
Sub-paragraphs (6) and (7) apply where the offender does not appear in
40
answer to a summons issued under this paragraph.
      (6)
If the summons required the offender to appear before the Crown Court, the
Crown Court may—
(a)
unless the summons was issued under this sub-paragraph, issue a
further summons requiring the offender to appear at the place and
45
time specified in it, or

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order
109

(b)
in any case, issue a warrant for the arrest of the offender.
      (7)
If the summons required the offender to appear before a magistrates’ court,
the magistrates’ court may issue a warrant for the arrest of the offender.
Powers of magistrates’ court
6     (1)
This paragraph applies where—
5
(a)
an offender appears or is brought before a youth court or other
magistrates’ court under paragraph 5, and
(b)
it is proved to the satisfaction of the court that the offender has failed
without reasonable excuse to comply with the youth rehabilitation
order.
10
      (2)
The court may deal with the offender in respect of that failure in any one of
the following ways (and must do so if the youth rehabilitation order is in
force)—
(a)
by ordering the offender to pay a fine of an amount not exceeding—
(i)
£250, if the offender is aged under 14, or
15
(ii)
£1,000, in any other case;
(b)
by amending the terms of the youth rehabilitation order so as to
impose any requirement which could have been included in the
order when it was made—
(i)
in addition to, or
20
(ii)
in substitution for,

any requirement or requirements already imposed by the order;
(c)
by dealing with the offender, for the offence in respect of which the
order was made, in any way in which the court could have dealt with
the offender for that offence (had the offender been before that court
25
to be dealt with for it).
      (3)
Sub-paragraph (2)(b) is subject to sub-paragraphs (6) to (9).
      (4)
In dealing with the offender under sub-paragraph (2), the court must take
into account the extent to which the offender has complied with the youth
rehabilitation order.
30
      (5)
A fine imposed under sub-paragraph (2)(a) is to be treated, for the purposes
of any enactment, as being a sum adjudged to be paid by a conviction.
      (6)
Any requirement imposed under sub-paragraph (2)(b) must be capable of
being complied with before the date specified under paragraph 31(1) of
Schedule 1.
35
      (7)
Where—
(a)
the court is dealing with the offender under sub-paragraph (2)(b),
and
(b)
the youth rehabilitation order does not contain an unpaid work
requirement,
40

paragraph 10(2) of Schedule 1 applies in relation to the inclusion of such a
requirement as if for “40” there were substituted “20”.
      (8)
The court may not under sub-paragraph (2)(b) impose—
(a)
an extended activity requirement, or
(b)
a fostering requirement,
45

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order
110


if the order does not already impose such a requirement.
      (9)
Where—
(a)
the order imposes a fostering requirement (the “original
requirement”), and
(b)
under sub-paragraph (2)(b) the court proposes to substitute a new
5
fostering requirement (“the substitute requirement”) for the original
requirement,

paragraph 18(2) of Schedule 1 applies in relation to the substitute
requirement as if the reference to the period of 12 months beginning with the
date on which the original requirement first had effect were a reference to
10
the period of 18 months beginning with that date.
     (10)
Where—
(a)
the court deals with the offender under sub-paragraph (2)(b), and
(b)
it would not otherwise have the power to amend the youth
rehabilitation order under paragraph 13 (amendment by reason of
15
change of residence),

that paragraph has effect as if references in it to the appropriate court were
references to the court which is dealing with the offender.
     (11)
Where the court deals with the offender under sub-paragraph (2)(c), it must
revoke the youth rehabilitation order if it is still in force.
20
     (12)
Sub-paragraphs (13) to (15) apply where—
(a)
the court is dealing with the offender under sub-paragraph (2)(c),
and
(b)
the offender has wilfully and persistently failed to comply with a
youth rehabilitation order.
25
     (13)
The court may impose a youth rehabilitation order with intensive
supervision and surveillance notwithstanding anything in section 1(4)(a) or
(b).
     (14)
If—
(a)
the order is a youth rehabilitation order with intensive supervision
30
and surveillance, and
(b)
the offence mentioned in sub-paragraph (2)(c) was punishable with
imprisonment,

the court may impose a custodial sentence notwithstanding anything in
section 152(2) of the Criminal Justice Act 2003 (c. 44) (general restrictions on
35
imposing discretionary custodial sentences).
     (15)
If—
(a)
the order is a youth rehabilitation order with intensive supervision
and surveillance which was imposed by virtue of sub-paragraph (13)
or paragraph 8(12), and
40
(b)
the offence mentioned in sub-paragraph (2)(c) was not punishable
with imprisonment,

for the purposes of dealing with the offender under sub-paragraph (2)(c), the
court is to be taken to have had power to deal with the offender for that
offence by making a detention and training order for a term not exceeding 4
45
months.