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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 5 — Powers of court in relation to order following subsequent conviction

118

 

      (5)  

In dealing with the offender under sub-paragraph (4)(b), the court must take

into account the extent to which the offender has complied with the order.

Extension of unpaid work requirement

17         

Where—

(a)   

a youth rehabilitation order imposing an unpaid work requirement

5

is in force in respect of an offender, and

(b)   

on the application of the offender or the responsible officer, it

appears to the appropriate court that it would be in the interests of

justice to do so having regard to circumstances which have arisen

since the order was made,

10

           

the court may, in relation to the order, extend the period of 12 months

specified in paragraph 10(6) of Schedule 1.

Part 5

Powers of court in relation to order following subsequent conviction

Powers of magistrates’ court following subsequent conviction

15

18    (1)  

This paragraph applies where—

(a)   

a youth rehabilitation order is in force in respect of an offender, and

(b)   

the offender is convicted of an offence (the “further offence”) by a

youth court or other magistrates’ court (“the convicting court”).

      (2)  

Sub-paragraphs (3) and (4) apply where—

20

(a)   

the youth rehabilitation 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

(b)   

the convicting court is dealing with the offender for the further

25

offence.

      (3)  

The convicting court may revoke the order.

      (4)  

Where the convicting court revokes the order under sub-paragraph (3), it

may deal with the offender, for the offence in respect of which the order was

made, in any way in which it could have dealt with the offender for that

30

offence (had the offender been before that court to be dealt with for the

offence).

      (5)  

The convicting court may not exercise its powers under sub-paragraph (3) or

(4) unless it considers that it would be in the interests of justice to do so,

having regard to circumstances which have arisen since the youth

35

rehabilitation order was made.

      (6)  

In dealing with an offender under sub-paragraph (4), the sentencing court

must take into account the extent to which the offender has complied with

the order.

      (7)  

A person sentenced under sub-paragraph (4) for an offence may appeal to

40

the Crown Court against the sentence.

      (8)  

Sub-paragraph (9) applies where—

 

 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 5 — Powers of court in relation to order following subsequent conviction

119

 

(a)   

the youth rehabilitation order was made by the Crown Court and

contains a direction under paragraph 35 of Schedule 1, and

(b)   

the convicting court would, but for that sub-paragraph, deal with the

offender for the further offence.

      (9)  

The convicting court may, instead of proceeding under sub-paragraph (3)—

5

(a)   

commit the offender in custody, or

(b)   

release the offender on bail,

           

until the offender can be brought before the Crown Court.

     (10)  

Sub-paragraph (11) applies if the youth rehabilitation order was made by the

Crown court and does not contain a direction under paragraph 35 of

10

Schedule 1.

     (11)  

The convicting court may—

(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.

15

     (12)  

Where the convicting court deals with an offender’s case under sub-

paragraph (9) or (11), it must send to the Crown Court such particulars of the

case as may be desirable.

Powers of Crown Court following subsequent conviction

19    (1)  

This paragraph applies where—

20

(a)   

a youth rehabilitation order is in force in respect of an offender, and

(b)   

the offender—

(i)   

is convicted by the Crown Court of an offence, or

(ii)   

is brought or appears before the Crown Court by virtue of

paragraph 18(9) or (11) or having been committed by the

25

magistrates’ court to the Crown Court for sentence.

      (2)  

The Crown Court may revoke the order.

      (3)  

Where the Crown Court revokes the order under sub-paragraph (2), the

Crown Court may deal with the offender, for the offence in respect of which

the order was made, in any way in which the court which made the order

30

could have dealt with the offender for that offence.

      (4)  

The Crown Court must not exercise its powers under sub-paragraph (2) or

(3) unless it considers that it would be in the interests of justice to do so,

having regard to circumstances which have arisen since the youth

rehabilitation order was made.

35

      (5)  

In dealing with an offender under sub-paragraph (3), the Crown Court must

take into account the extent to which the offender has complied with the

order.

      (6)  

If the offender is brought or appears before the Crown Court by virtue of

paragraph 18(9) or (11), the Crown Court may deal with the offender for the

40

further offence in any way which the convicting court could have dealt with

the offender for that offence.

      (7)  

In sub-paragraph (6), “further offence” and “the convicting court” have the

same meanings as in paragraph 18.

 

 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 6 — Supplementary

120

 

Part 6

Supplementary

Appearance of offender before court

20    (1)  

Subject to sub-paragraph (2), where, otherwise than on the application of the

offender, a court proposes to exercise its powers under Part 3, 4 or 5 of this

5

Schedule, the court—

(a)   

must summon the offender to appear before the court, and

(b)   

if the offender does not appear in answer to the summons, may issue

a warrant for the offender’s arrest.

      (2)  

Sub-paragraph (1) does not apply where a court proposes to make an

10

order—

(a)   

revoking a youth rehabilitation order,

(b)   

cancelling, or reducing the duration of, a requirement of a youth

rehabilitation order, or

(c)   

substituting a new local justice area or place for one specified in a

15

youth rehabilitation order.

Warrants

21    (1)  

Sub-paragraph (2) applies where an offender is arrested in pursuance of a

warrant issued by virtue of this Schedule and cannot be brought

immediately before the court before which the warrant directs the offender

20

to be brought (“the relevant court”).

      (2)  

The person in whose custody the offender is—

(a)   

may make arrangements for the offender’s detention in a place of

safety for a period of not more than 72 hours from the time of the

arrest, and

25

(b)   

must within that period bring the offender before a magistrates’

court.

      (3)  

In the case of a warrant issued by the Crown Court, section 81(5) of the

Supreme Court Act 1981 (c. 54) (duty to bring person before magistrates’

court) does not apply.

30

      (4)  

A person who is detained under arrangements made under sub-paragraph

(2)(a) is deemed to be in legal custody.

      (5)  

In sub-paragraph (2)(a) “place of safety” has the same meaning as in the

Children and Young Persons Act 1933.

      (6)  

Sub-paragraphs (7) to (10) apply where, under sub-paragraph (2), the

35

offender is brought before a court (“the alternative court”) which is not the

relevant court.

      (7)  

If the relevant court is a magistrates’ court—

(a)   

the alternative court may—

(i)   

direct that the offender be released forthwith, or

40

(ii)   

remand the offender, and

(b)   

for the purposes of paragraph (a), section 128 of the Magistrates’

Courts Act 1980 (c. 43) (remand in custody or on bail) has effect as if

 

 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 6 — Supplementary

121

 

the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the

relevant court.

      (8)  

If the relevant court is the Crown Court, section 43A of that Act (functions of

magistrates’ court where a person in custody is brought before it with a view

to appearance before the Crown Court) applies as if, in subsection (1)—

5

(a)   

the words “issued by the Crown Court” were omitted, and

(b)   

the reference to section 81(5) of the Supreme Court Act 1981 (c. 54)

were a reference to sub-paragraph (2)(b).

      (9)  

Any power to remand the offender in custody which is conferred by section

43A or 128 of the Magistrates’ Courts Act 1980 (c. 43) is to be taken to be a

10

power—

(a)   

if the offender is aged under 18, to remand the offender to

accommodation provided by or on behalf of a local authority, and

(b)   

in any other case, to remand the offender to a prison.

     (10)  

Where the court remands the offender to accommodation provided by or on

15

behalf of a local authority, the court must designate, as the authority which

is to receive the offender, the local authority for the area in which it appears

to the court that the offender resides.

Adjournment of proceedings

22    (1)  

This paragraph applies to any hearing relating to an offender held by a

20

youth court or other magistrates’ court in any proceedings under this

Schedule.

      (2)  

The court may adjourn the hearing, and, where it does so, may—

(a)   

direct that the offender be released forthwith, or

(b)   

remand the offender.

25

      (3)  

Where the court remands the offender under sub-paragraph (2)—

(a)   

it must fix the time and place at which the hearing is to be resumed,

and

(b)   

that time and place must be the time and place at which the offender

is required to appear or be brought before the court by virtue of the

30

remand.

      (4)  

Where the court adjourns the hearing under sub-paragraph (2) but does not

remand the offender—

(a)   

it may fix the time and place at which the hearing is to be resumed,

but

35

(b)   

if it does not do so, must not resume the hearing unless it is satisfied

that the offender, the responsible officer and, if the offender is aged

under 14, a parent or guardian of the offender have had adequate

notice of the time and place of the resumed hearing.

      (5)  

The powers of a magistrates’ court under this paragraph may be exercised

40

by a single justice of the peace, notwithstanding anything in the Magistrates’

Courts Act 1980.

      (6)  

This paragraph—

(a)   

applies to any hearing in any proceedings under this Schedule in

place of section 10 of the Magistrates’ Courts Act 1980 (adjournment

45

of trial) where that section would otherwise apply, but

 

 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 6 — Supplementary

122

 

(b)   

is not to be taken to affect the application of that section to hearings

of any other description.

Restrictions on imposition of intensive supervision and surveillance or fostering

23         

Subsection (4), and the provisions mentioned in subsection (6), of section 1

apply in relation to a power conferred by paragraph 6(2)(b), 8(2)(b), 13(4)(b)

5

or 14(4)(b) to impose a requirement as they apply in relation to any power

conferred by section 1 or Part 1 of Schedule 1 to make a youth rehabilitation

order which includes such a requirement.

Provision of copies of orders etc.

24    (1)  

Where a court makes an order under this Schedule revoking or amending a

10

youth rehabilitation order, the proper officer of the court must forthwith—

(a)   

provide copies of the revoking or amending order to the offender

and, if the offender is aged under 14, to the offender’s parent or

guardian,

(b)   

provide a copy of the revoking or amending order to the responsible

15

officer,

(c)   

in the case of an amending order which substitutes a new local justice

area, provide copies of the amending order to—

(i)   

the local probation board acting for that area, and

(ii)   

the magistrates’ court acting in that area,

20

(d)   

in the case of an amending order which imposes or cancels a

requirement specified in the first column of the Table in paragraph

33(4) of Schedule 1, provide a copy of so much of the amending order

as relates to that requirement to the person specified in relation to

that requirement in the second column of that Table,

25

(e)   

in the case of an order which revokes a requirement specified in the

first column of that Table, provide a copy of the revoking order to the

person specified in relation to that requirement in the second column

of that Table, and

(f)   

if the court is a magistrates’ court acting in a local justice area other

30

than the area specified in the youth rehabilitation order, provide a

copy of the revoking or amending order to a magistrates’ court

acting in the local justice area specified in the order.

      (2)  

Where under sub-paragraph (1)(c) the proper officer of the court provides a

copy of an amending order to a magistrates’ court acting in a different area,

35

the officer must also provide to that court such documents and information

relating to the case as appear likely to be of assistance to a court acting in that

area in the exercise of its functions in relation to the order.

      (3)  

In this paragraph “proper officer” means—

(a)   

in relation to a magistrates’ court, the designated officer for the court,

40

and

(b)   

in relation to the Crown Court, the appropriate officer.

Power to amend maximum period of fostering requirement

25         

The Secretary of State may by order amend paragraph 6(9), 8(9) or 16(2) by

substituting, for—

45

(a)   

the period of 18 months specified in the provision, or

 

 

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

123

 

(b)   

any other period which may be so specified by virtue of a previous

order under this paragraph,

           

such other period as may be specified in the order.

Schedule 3

Section 3

 

Transfer of youth rehabilitation orders to Northern Ireland

5

Part 1

Making or amendment of a youth rehabilitation order where offender resides

or proposes to reside in Northern Ireland

Making of youth rehabilitation order where offender resides or will reside in Northern Ireland

1     (1)  

This paragraph applies where a court considering the making of a youth

10

rehabilitation order is satisfied that the offender—

(a)   

resides in Northern Ireland, or

(b)   

will reside there when the order takes effect.

      (2)  

The court may not make a youth rehabilitation order in respect of the

offender unless it appears to the court that—

15

(a)   

in the case of an order imposing a requirement mentioned in sub-

paragraph (6), the conditions in sub-paragraphs (3), (4) and (5) are

satisfied, or

(b)   

in any other case, that the conditions in sub-paragraphs (3) and (4)

are satisfied.

20

      (3)  

The condition in this sub-paragraph is satisfied if the number of hours, days

or months in respect of which any requirement of the order is imposed is no

greater than the number of hours, days or months which may be imposed by

a court in Northern Ireland in respect of a similar requirement in the order

which the court proposes to specify as the corresponding order under

25

paragraph 3(b).

      (4)  

The condition in this sub-paragraph is satisfied if suitable arrangements for

the offender’s supervision can be made by the Probation Board for Northern

Ireland or any other body designated by the Secretary of State by order.

      (5)  

The condition in this sub-paragraph is satisfied in relation to an order

30

imposing a requirement mentioned in sub-paragraph (6) if—

(a)   

arrangements exist for persons to comply with such a requirement in

the petty sessions district in Northern Ireland in which the offender

resides, or will be residing when the order takes effect, and

(b)   

provision can be made for the offender to comply with the

35

requirement under those arrangements.

      (6)  

The requirements referred to in sub-paragraphs (2)(a) and (5) are—

(a)   

an activity requirement (including an extended activity

requirement);

(b)   

an unpaid work requirement;

40

(c)   

a programme requirement;

(d)   

an attendance centre requirement;

 

 

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

124

 

(e)   

a mental health treatment requirement;

(f)   

a drug treatment requirement;

(g)   

a drug testing requirement;

(h)   

an education requirement;

(i)   

an electronic monitoring requirement.

5

      (7)  

The court may not by virtue of this paragraph require a local authority

residence requirement or a fostering requirement to be complied with in

Northern Ireland.

Amendment of youth rehabilitation order where offender resides or proposes to reside in

Northern Ireland

10

2     (1)  

This paragraph applies where the appropriate court for the purposes of

paragraph 13(2) of Schedule 2 (amendment by reason of change of

residence) or the Crown Court is satisfied that an offender in respect of

whom a youth rehabilitation order is in force is residing or proposes to

reside in Northern Ireland.

15

      (2)  

The power of the court to amend the order under Part 4 of Schedule 2

includes power to amend it by requiring it to be complied with in Northern

Ireland if it appears to the court that—

(a)   

in the case of an order which once amended will impose a

requirement mentioned in sub-paragraph (6), that the conditions in

20

sub-paragraphs (3), (4) and (5) are satisfied, or

(b)   

in any other case, that the conditions in sub-paragraphs (3) and (4)

are satisfied.

      (3)  

The condition in this sub-paragraph is satisfied if the number of hours, days

or months in respect of which any requirement of the order is imposed is no

25

greater than the number of hours, days or months which may be imposed by

a court in Northern Ireland in respect of a similar requirement in the order

which the court proposes to specify as the corresponding order under

paragraph 3(b).

      (4)  

The condition in this sub-paragraph is satisfied if suitable arrangements for

30

the offender’s supervision can be made by the Probation Board for Northern

Ireland or any other body designated by the Secretary of State by order.

      (5)  

The condition in this sub-paragraph is satisfied in relation to an order that

will impose a requirement mentioned in sub-paragraph (6) if—

(a)   

arrangements exist for persons to comply with such a requirement in

35

the petty sessions district in Northern Ireland in which the offender

resides, or will be residing when the amendment to the order takes

effect, and

(b)   

provision can be made for the offender to comply with the

requirement under those arrangements.

40

      (6)  

The requirements referred to in sub-paragraphs (2)(a) and (5) are—

(a)   

an activity requirement (including an extended activity

requirement);

(b)   

an unpaid work requirement;

(c)   

a programme requirement;

45

(d)   

an attendance centre requirement;

(e)   

a mental health treatment requirement;

 

 

 
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