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 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order
111

     (16)
An offender may appeal to the Crown Court against a sentence imposed
under sub-paragraph (2)(c).
Power of magistrates’ court to refer offender to Crown Court
7     (1)
Sub-paragraph (2) applies if—
(a)
the youth rehabilitation order was made by the Crown Court and
5
contains a direction under paragraph 35 of Schedule 1, and
(b)
a youth court or other magistrates’ court would (apart from that sub-
paragraph) be required, or has the power, to deal with the offender
in one of the ways mentioned in paragraph 6(2).
      (2)
The court may instead—
10
(a)
commit the offender in custody, or
(b)
release the offender on bail,

until the offender can be brought or appear before the Crown Court.
      (3)
Where a court deals with the offender’s case under sub-paragraph (2) it
must send to the Crown Court—
15
(a)
a certificate signed by a justice of the peace certifying that the
offender has failed to comply with the youth rehabilitation order in
the respect specified in the certificate, and
(b)
such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the
20
failure before the Crown Court.
Powers of Crown Court
8     (1)
This paragraph applies where—
(a)
an offender appears or is brought before the Crown Court under
paragraph 5 or by virtue of paragraph 7(2), and
25
(b)
it is proved to the satisfaction of that court that the offender has failed
without reasonable excuse to comply with the youth rehabilitation
order.
      (2)
The Crown 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
30
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
(ii)
£1,000, in any other case;
(b)
by amending the terms of the youth rehabilitation order so as to
35
impose any requirement which could have been included in the
order when it was made—
(i)
in addition to, or
(ii)
in substitution for,

any requirement or requirements already imposed by the order;
40
(c)
by dealing with the offender, for the offence in respect of which the
order was made, in any way in which the Crown Court could have
dealt with the offender for that offence.
      (3)
Sub-paragraph (2)(b) is subject to sub-paragraphs (6) to (9).

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order
112

      (4)
In dealing with the offender under sub-paragraph (2), the Crown Court
must take into account the extent to which the offender has complied with
the youth rehabilitation order.
      (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.
5
      (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.
      (7)
Where—
(a)
the court is dealing with the offender under sub-paragraph (2)(b),
10
and
(b)
the youth rehabilitation order does not contain an unpaid work
requirement,

paragraph 10(2) of Schedule 1 applies in relation to the inclusion of such a
requirement as if for “40” there were substituted “20”.
15
      (8)
The court may not under sub-paragraph (2)(b) impose—
(a)
an extended activity requirement, or
(b)
a fostering requirement,

if the order does not already impose such a requirement.
      (9)
Where—
20
(a)
the order imposes a fostering requirement (the “original
requirement”), and
(b)
under sub-paragraph (2)(b) the court proposes to substitute a new
fostering requirement (“the substitute requirement”) for the original
requirement,
25

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
the period of 18 months beginning with that date.
     (10)
Where the Crown Court deals with an offender under sub-paragraph (2)(c),
30
it must revoke the youth rehabilitation order if it is still in force.
     (11)
Sub-paragraphs (12) to (14) apply where—
(a)
an offender has wilfully and persistently failed to comply with a
youth rehabilitation order; and
(b)
the Crown Court is dealing with the offender under sub-paragraph
35
(2)(c).
     (12)
The court may impose a youth rehabilitation order with intensive
supervision and surveillance notwithstanding anything in section 1(4)(a) or
(b).
     (13)
If—
40
(a)
the order is a youth rehabilitation order with intensive supervision
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
45
section 152(2) of the Criminal Justice Act 2003 (c. 44) (general restrictions on
imposing discretionary custodial sentences).

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 3 — Revocation of order
113

     (14)
If—
(a)
the order is a youth rehabilitation order with intensive supervision
and surveillance which was imposed by virtue of paragraph 6(13) or
sub-paragraph (12), and
(b)
the offence mentioned in sub-paragraph (2)(c) was not punishable
5
with imprisonment,

for the purposes of dealing with the offender under sub-paragraph (2)(c), the
Crown 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 months.
10
     (15)
In proceedings before the Crown Court under this paragraph any question
whether the offender has failed to comply with the youth rehabilitation
order is to be determined by the court and not by the verdict of a jury.
Restriction of powers in paragraphs 6 and 8 where treatment required
9     (1)
Sub-paragraph (2) applies where a youth rehabilitation order imposes either
15
of the following requirements in respect of an offender—
(a)
a mental health treatment requirement;
(b)
a drug treatment requirement.
      (2)
The offender is not to be treated for the purposes of paragraph 6 or 8 as
having failed to comply with the order on the ground only that the offender
20
had refused to undergo any surgical, electrical or other treatment required
by that requirement if, in the opinion of the court, the refusal was reasonable
having regard to all the circumstances.
Power to amend amounts of fines
10    (1)
The Secretary of State may by order amend any sum for the time being
25
specified in paragraph 6(2)(a)(i) or (ii) or 8(2)(a)(i) or (ii).
      (2)
The power conferred by sub-paragraph (1) may be exercised only if it
appears to the Secretary of State that there has been a change in the value of
money since the relevant date which justifies the change.
      (3)
In sub-paragraph (2), “the relevant date” means—
30
(a)
if the sum specified in paragraph 6(2)(a)(i) or (ii) or 8(2)(a)(i) or (ii) (as
the case may be) has been substituted by an order under sub-
paragraph (1), the date on which the sum was last so substituted;
(b)
otherwise, the date on which this Act was passed.
      (4)
An order under sub-paragraph (1) (a “fine amendment order”) must not
35
have effect in relation to any youth rehabilitation order made in respect of
an offence committed before the fine amendment order comes into force.
Part 3
Revocation of order
Revocation of order with or without re-sentencing: powers of appropriate court
40
11    (1)
This paragraph applies where—
(a)
a youth rehabilitation order is in force in respect of any offender,

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 3 — Revocation of order
114

(b)
the order—
(i)
was made by a youth court or other magistrates’ court, or
(ii)
was made by the Crown Court and contains a direction
under paragraph 35 of Schedule 1, and
(c)
the offender or the responsible officer makes an application to the
5
appropriate court under this sub-paragraph.
      (2)
If it appears to the appropriate court to be in the interests of justice to do so,
having regard to circumstances which have arisen since the order was made,
the appropriate court may—
(a)
revoke the order, or
10
(b)
both—
(i)
revoke the order, and
(ii)
deal with the offender, for the offence in respect of which the
order was made, in any way in which the appropriate court
could have dealt with the offender for that offence (had the
15
offender been before that court to be dealt with for it).
      (3)
The circumstances in which a youth rehabilitation order may be revoked
under sub-paragraph (2) include the offender’s making good progress or
responding satisfactorily to supervision or treatment (as the case requires).
      (4)
In dealing with an offender under sub-paragraph (2)(b), the appropriate
20
court must take into account the extent to which the offender has complied
with the requirements of the youth rehabilitation order.
      (5)
A person sentenced under sub-paragraph (2)(b) for an offence may appeal
to the Crown Court against the sentence.
      (6)
No application may be made by the offender under sub-paragraph (1) while
25
an appeal against the youth rehabilitation order is pending.
      (7)
If an application under sub-paragraph (1) relating to a youth rehabilitation
order is dismissed, then during the period of three months beginning with
the date on which it was dismissed no further such application may be made
in relation to the order by any person except with the consent of the
30
appropriate court.
      (8)
In this paragraph, “the appropriate court” means—
(a)
if the offender is aged under 18 when the application under sub-
paragraph (1) was made, a youth court acting in the local justice area
specified in the youth rehabilitation order, and
35
(b)
if the offender is aged 18 or over at that time, a magistrates’ court
(other than a youth court) acting in that local justice area.
Revocation of order with or without re-sentencing: powers of Crown Court
12    (1)
This paragraph applies where—
(a)
a youth rehabilitation order is in force in respect of an offender,
40
(b)
the order—
(i)
was made by the Crown Court, and
(ii)
does not contain a direction under paragraph 35 of Schedule
1, and
(c)
the offender or the responsible officer makes an application to the
45
Crown Court under this sub-paragraph.

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 4 — Amendment of order
115

      (2)
If it appears to the Crown Court to be in the interests of justice to do so,
having regard to circumstances which have arisen since the youth
rehabilitation order was made, the Crown Court may—
(a)
revoke the order, or
(b)
both—
5
(i)
revoke the order, and
(ii)
deal with the offender, for the offence in respect of which the
order was made, in any way in which the Crown Court could
have dealt with the offender for that offence.
      (3)
The circumstances in which a youth rehabilitation order may be revoked
10
under sub-paragraph (2) include the offender’s making good progress or
responding satisfactorily to supervision or treatment (as the case requires).
      (4)
In dealing with an offender under sub-paragraph (2)(b), the Crown Court
must take into account the extent to which the offender has complied with
the youth rehabilitation order.
15
      (5)
No application may be made by the offender under sub-paragraph (1) while
an appeal against the youth rehabilitation order is pending.
      (6)
If an application under sub-paragraph (1) relating to a youth rehabilitation
order is dismissed, then during the period of three months beginning with
the date on which it was dismissed no further such application may be made
20
in relation to the order by any person except with the consent of the Crown
Court.
Part 4
Amendment of order
Amendment by appropriate court
25
13    (1)
This paragraph applies where—
(a)
a youth rehabilitation order is in force in respect of an offender,
(b)
the order—
(i)
was made by a youth court or other magistrates’ court, or
(ii)
was made by the Crown Court and contains a direction
30
under paragraph 35 of Schedule 1, and
(c)
an application for the amendment of the order is made to the
appropriate court by the offender or the responsible officer.
      (2)
If the appropriate court is satisfied that the offender proposes to reside, or is
residing, in a local justice area (“the new local justice area”) other than the
35
local justice area for the time being specified in the order, the court—
(a)
must, if the application under sub-paragraph (1)(c) was made by the
responsible officer, or
(b)
may, in any other case,

amend the youth rehabilitation order by substituting the new local justice
40
area for the area specified in the order.
      (3)
Sub-paragraph (2) is subject to paragraph 15.
      (4)
The appropriate court may by order amend the youth rehabilitation order—
(a)
by cancelling any of the requirements of the order, or

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 4 — Amendment of order
116

(b)
by replacing any of those requirements with a requirement of the
same kind which could have been included in the order when it was
made.
      (5)
Sub-paragraph (4) is subject to paragraph 16.
      (6)
In this paragraph, “the appropriate court” means—
5
(a)
if the offender is aged under 18 when the application under sub-
paragraph (1) was made, a youth court acting in the local justice area
specified in the youth rehabilitation order, and
(b)
if the offender is aged 18 or over at that time, a magistrates’ court
(other than a youth court) acting in that local justice area.
10
Amendment by Crown Court
14    (1)
This paragraph applies where—
(a)
a youth rehabilitation order is in force in respect of an offender,
(b)
the order—
(i)
was made by the Crown Court, and
15
(ii)
does not contain a direction under paragraph 35 of Schedule
1, and
(c)
an application for the amendment of the order is made to the Crown
Court by the offender or the responsible officer.
      (2)
If the Crown Court is satisfied that the offender proposes to reside, or is
20
residing, in a local justice area (“the new local justice area”) other than the
local justice area for the time being specified in the order, the court—
(a)
must, if the application under sub-paragraph (1)(c) was made by the
responsible officer, or
(b)
may, in any other case,
25

amend the youth rehabilitation order by substituting the new local justice
area for the area specified in the order.
      (3)
Sub-paragraph (2) is subject to paragraph 15.
      (4)
The Crown Court may by order amend the youth rehabilitation order—
(a)
by cancelling any of the requirements of the order, or
30
(b)
by replacing any of those requirements with a requirement of the
same kind which could have been included in the order when it was
made.
      (5)
Sub-paragraph (4) is subject to paragraph 16.
Exercise of powers under paragraph 13(2) or 14(2): further provisions
35
15    (1)
In sub-paragraphs (2) and (3), “specific area requirement”, in relation to a
youth rehabilitation order, means a requirement contained in the order
which, in the opinion of the court, cannot be complied with unless the
offender continues to reside in the local justice area specified in the youth
rehabilitation order.
40
      (2)
A court may not under paragraph 13(2) or 14(2) amend a youth
rehabilitation order which contains specific area requirements unless, in
accordance with paragraph 13(4) or, as the case may be, 14(4), it either—
(a)
cancels those requirements, or

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 4 — Amendment of order
117

(b)
substitutes for those requirements other requirements which can be
complied with if the offender resides in the new local justice area
mentioned in paragraph 13(2) or (as the case may be) 14(2).
      (3)
If—
(a)
the application under paragraph 13(1)(c) or 14(1)(c) was made by the
5
responsible officer, and
(b)
the youth rehabilitation order contains specific area requirements,

the court must, unless it considers it inappropriate to do so, so exercise its
powers under paragraph 13(4) or, as the case may be, 14(4) that it is not
prevented by sub-paragraph (2) from amending the order under paragraph
10
13(2) or, as the case may be, 14(2).
      (4)
The court may not under paragraph 13(2) or, as the case may be, 14(2) amend
a youth rehabilitation order imposing a programme requirement unless the
court is satisfied that a programme which—
(a)
corresponds as nearly as practicable to the programme specified in
15
the order for the purposes of that requirement, and
(b)
is suitable for the offender,

is available in the new local justice area.
Exercise of powers under paragraph 13(4) or 14(4): further provisions
16    (1)
Any requirement imposed under paragraph 13(4)(b) or 14(4)(b) must be
20
capable of being complied with before the date specified under paragraph
31(1) of Schedule 1.
      (2)
Where—
(a)
a youth rehabilitation order imposes a fostering requirement (the
“original requirement”), and
25
(b)
under paragraph 13(4)(b) or 14(4)(b) a court proposes to substitute a
new 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
30
date on which the original requirement first had effect were a reference to
the period of 18 months beginning with that date.
      (3)
The court may not under paragraph 13(4) or 14(4) impose—
(a)
a mental health treatment requirement,
(b)
a drug treatment requirement, or
35
(c)
a drug testing requirement,

unless the offender has expressed willingness to comply with the
requirement.
      (4)
If an offender fails to express willingness to comply with a mental health
treatment requirement, a drug treatment requirement or a drug testing
40
requirement which the court proposes to impose under paragraph 13(4) or
14(4), the court may—
(a)
revoke the youth rehabilitation order, and
(b)
deal with the offender, for the offence in respect of which the order
was made, in any way in which that court could have dealt with the
45
offender for that offence (had the offender been before that court to
be dealt with for it).