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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).

 

 

 
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