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Criminal Justice and Immigration Bill


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

125

 

(f)   

a drug treatment requirement;

(g)   

a drug testing requirement;

(h)   

an education requirement;

(i)   

an electronic monitoring requirement.

      (7)  

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

5

residence requirement or a fostering requirement to be complied with in

Northern Ireland.

Further provisions regarding the making or amending of youth rehabilitation orders under

paragraphs 1 or 2

3          

A youth rehabilitation order made or amended in accordance with

10

paragraph 1 or 2 must—

(a)   

specify the petty sessions district in Northern Ireland in which the

offender resides or will be residing when the order or amendment

takes effect, and

(b)   

specify as the corresponding order for the purposes of this Schedule

15

an order that may be made by a court in Northern Ireland,

           

and paragraph 32 of Schedule 1 (local justice area to be specified in order)

does not apply in relation to an order so made or amended.

4     (1)  

Before making or amending a youth rehabilitation order in accordance with

paragraph 1 or 2, the court must explain to the offender in ordinary

20

language—

(a)   

the requirements of the legislation in Northern Ireland relating to the

order to be specified under paragraph 3(b),

(b)   

the powers of the home court under that legislation, as modified by

Part 2 of this Schedule, and

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(c)   

its own powers under Part 2 of this Schedule.

      (2)  

The court which makes or amends the order must—

(a)   

provide the persons mentioned in sub-paragraph (3) with a copy of

the order as made or amended, and

(b)   

provide the home court with such other documents and information

30

relating to the case as it considers likely to be of assistance to that

court;

           

and sub-paragraphs (1) to (3) of paragraph 33 of Schedule 1 (provision of

copies of orders) do not apply.

      (3)  

The persons referred to in sub-paragraph (2)(a) are—

35

(a)   

the offender,

(b)   

where the offender is aged under 14—

(i)   

the offender’s parent or guardian, or

(ii)   

if an authority in Northern Ireland has parental

responsibility for, and is looking after, the offender, the

40

authority,

(c)   

the body which is to make suitable arrangements for the offender’s

supervision under the order, and

(d)   

the home court.

      (4)  

In sub-paragraph (3)(b)(ii)—

45

(a)   

“authority” has the meaning given by Article 2 of the Children

(Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

 

 

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

126

 

(b)   

references to an offender who is looked after by an authority are to

be construed in accordance with Article 25 of that Order, and

(c)   

“parental responsibility” has the same meaning as in that Order.

      (5)  

In this paragraph, “home court” has the meaning given by paragraph 8.

Modifications to Part 1

5

5     (1)  

Where a court is considering the making or amendment of a youth

rehabilitation order by virtue of paragraph 1 or 2, Part 1 of this Act (youth

rehabilitation orders) has effect subject to the following modifications.

      (2)  

The following provisions of Schedule 1 are omitted—

(a)   

in paragraph 8(3)(a) (activity requirement: further provisions), the

10

words “a member of a youth offending team or”,

(b)   

paragraphs 8(3)(c), 10(3)(b) and 12(3)(a) (availability of

arrangements in local area: activity requirement, unpaid work

requirement and attendance centre requirement),

(c)   

paragraph 16(7) (residence requirement: restriction on requiring

15

residence at hostel or institution), and

(d)   

paragraphs 18(7), 22(4)(a), 23(3)(a) and 25(6) and (7) (availability of

arrangements in local area: fostering requirement, drug treatment

and testing requirements and electronic monitoring requirement).

      (3)  

In paragraph 12 of Schedule 1 (attendance centre requirement) any reference

20

to an attendance centre has effect as a reference to an attendance centre as

defined by Article 50(1) of the Criminal Justice (Children) (Northern Ireland)

Order 1998 (S.I. 1998/1504 (N.I. 9)).

      (4)  

In paragraph 20 of that Schedule (mental health treatment requirement), for

sub-paragraph (2)(a) there is substituted—

25

“(a)   

treatment as a resident patient at such hospital as may be

specified in the order, being a hospital within the meaning

of the Health and Personal Social Services (Northern

Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)), approved by

the Department of Health, Social Services and Public

30

Safety for the purposes of paragraph 4(3) of Schedule 1 to

the Criminal Justice (Northern Ireland) Order 1996 (S.I.

1996/3160 (N.I. 24));”.

      (5)  

In paragraphs 24 (education requirement) and 33(4) (additional persons to

whom court must give a copy of the order) of that Schedule, any reference

35

to a local education authority (except in sub-paragraph (6) of paragraph 24)

has effect as a reference to an Education and Library Board established

under Article 3 of the Education and Libraries (Northern Ireland) Order 1986

(S.I. 1986/594 (N.I. 3)).

      (6)  

In paragraph 25 of that Schedule (electronic monitoring requirements:

40

common provisions) sub-paragraph (5) is omitted.

      (7)  

Paragraph 35 of that Schedule has effect as if it required the Crown Court,

where it makes a direction under that paragraph, to specify the youth court

or other magistrates’ court in England and Wales which is to be the relevant

court in England or Wales for the purposes of Part 2 of this Schedule.

45

      (8)  

Any reference to the responsible officer has effect as a reference to the person

who is to be responsible for the offender’s supervision under the order.

 

 

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 2 — Provisions relating to an order made or amended under Part 1

127

 

Meaning of “supervision”

6          

In this Part of this Schedule “supervision”, in relation to a youth

rehabilitation order which a court is considering making or amending in

accordance with paragraph 1 or 2, means the performance of supervisory,

enforcement and other related functions conferred by the legislation which

5

has effect in Northern Ireland relating to corresponding orders of the kind

which the court proposes to specify under paragraph 3(b).

Part 2

Provisions relating to an order made or amended under Part 1

Application of this Part

10

7          

This Part of this Schedule applies where a youth rehabilitation order is made

or amended in accordance with Part 1 of this Schedule.

Interpretation

8          

In this Part of this Schedule, in relation to the youth rehabilitation order—

“corresponding order” means the order specified under paragraph

15

3(b);

“home court” means—

(a)   

the court of summary jurisdiction acting for the petty

sessions district in Northern Ireland in which the offender

resides or proposes to reside, or

20

(b)   

where the youth rehabilitation order was made or amended

by the Crown Court and the Crown Court in Northern

Ireland has not made a direction under paragraph 11, the

Crown Court in Northern Ireland;

“supervision” means the performance of supervisory, enforcement and

25

other related functions conferred by the legislation which has effect

in Northern Ireland relating to the corresponding order;

“the relevant court in England or Wales” means—

(a)   

the court in England and Wales which made or which last

amended the order, or

30

(b)   

if the order was made by the Crown Court and includes a

direction under paragraph 35 of Schedule 1, such youth court

or other magistrates’ court as may be specified in the order;

“the relevant officer” means the person responsible for the offender’s

supervision under the order.

35

Effect of the youth rehabilitation order in Northern Ireland

9     (1)  

The youth rehabilitation order is to be treated in Northern Ireland as if it

were a corresponding order and the legislation which has effect in Northern

Ireland in relation to such orders applies accordingly.

      (2)  

Sub-paragraph (1) is subject to paragraphs 12 to 16.

40

 

 

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 2 — Provisions relating to an order made or amended under Part 1

128

 

Duty of offender to keep in touch with relevant officer

10         

In section 5(5) (duty of offender to keep in touch with responsible officer),

references to the responsible officer are to be read as references to the

relevant officer.

Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before

5

a court of summary jurisdiction

11         

Where the youth rehabilitation order was made or amended by the Crown

Court, the Crown Court in Northern Ireland may direct that any

proceedings in Northern Ireland in relation to the order be before the court

of summary jurisdiction acting for the petty sessions district in which the

10

offender resides or proposes to reside.

Powers of the home court in respect of the youth rehabilitation order

12         

The home court may exercise in relation to the youth rehabilitation order

any power which it could exercise in relation to a corresponding order made

by a court in Northern Ireland, by virtue of the legislation relating to such

15

orders which has effect there, except the following—

(a)   

any power to discharge or revoke the order (other than a power to

revoke the order where the offender has been convicted of a further

offence and the court has imposed a custodial sentence),

(b)   

any power to deal with the offender for the offence in respect of

20

which the order was made, and

(c)   

in the case of a youth rehabilitation order imposing a curfew

requirement, any power to vary the order by substituting for the

period specified in it any longer period than the court which made

the order could have specified.

25

13    (1)  

The home court may require the offender to appear before the relevant court

in England or Wales if sub-paragraph (2) or (3) applies.

      (2)  

This sub-paragraph applies where it appears to the home court upon a

complaint being made to a lay magistrate acting for the petty sessions

district for the time being specified in the order that the offender has failed

30

to comply with one or more requirements of the order.

      (3)  

This sub-paragraph applies where it appears to the home court, on the

application of the offender or the relevant officer, that it would be in the

interests of justice for a power conferred by any of paragraphs 11 to 14 of

Schedule 2 to be exercised.

35

14         

Where an offender is required by virtue of paragraph 13 to appear before the

relevant court in England or Wales—

(a)   

the home court must send to that court a certificate certifying that the

offender has failed to comply with such of the requirements of the

order as may be specified in the certificate, together with such other

40

particulars of the case as may be desirable, and

(b)   

a certificate purporting to be signed by the clerk of the home court

(or, if the home court is the Crown Court in Northern Ireland, by the

chief clerk) is admissible as evidence of the failure before the relevant

court in England or Wales.

45

 

 

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments

129

 

Powers of court in England or Wales before which the offender is required to appear

15         

Where an offender is required by virtue of paragraph 13 to appear before the

relevant court in England or Wales, that court may—

(a)   

issue a warrant for the offender’s arrest, and

(b)   

exercise any power which it could exercise in respect of the youth

5

rehabilitation order if the offender resided in England or Wales,

           

and any enactment relating to the exercise of such powers has effect

accordingly, and with any reference to the responsible officer being read as

a reference to the relevant officer.

16    (1)  

Paragraph 15(b) does not enable the relevant court in England or Wales to

10

amend the youth rehabilitation order unless it appears to the court that the

conditions in paragraph 2(2)(a) and (b) are satisfied in relation to any

requirement to be imposed.

      (2)  

The preceding paragraphs of this Schedule have effect in relation to the

amendment of the youth rehabilitation order by virtue of paragraph 15(b) as

15

they have effect in relation to the amendment of such an order by virtue of

paragraph 2(2).

Power to amend provisions of Schedule in consequence of changes to the law in Northern

Ireland

17    (1)  

This paragraph applies where a change is made to the law in Northern

20

Ireland adding further descriptions of orders to the kinds of orders which a

court in that jurisdiction may impose in dealing with an offender aged under

18 at the time of conviction.

      (2)  

The Secretary of State may by order make such amendments to any of the

preceding provisions of this Schedule as appear expedient in consequence of

25

the change.

Schedule 4

Section 6

 

Youth rehabilitation orders: consequential and related amendments

Part 1

Consequential amendments

30

Children and Young Persons Act 1933 (c. 12)

1          

The Children and Young Persons Act 1933 has effect subject to the following

amendments.

2     (1)  

Section 34 (attendance at court of parent of child or young person charged

with an offence, etc.) is amended as follows.

35

      (2)  

In subsection (7), omit “section 163 of the Powers of Criminal Courts

(Sentencing) Act 2000 or”.

 

 

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments

130

 

      (3)  

After subsection (7A) insert—

“(7B)   

If it appears that at the time of his arrest a youth rehabilitation order,

as defined in Part 1 of the Criminal Justice and Immigration Act 2008,

is in force in respect of him, the responsible officer, as defined in

section 4 of that Act, shall also be informed as described in subsection

5

(3) above as soon as it is reasonably practicable to do so.”

3     (1)  

Section 49 (restrictions on reports of proceedings in which children or young

persons are concerned) is amended as follows.

      (2)  

In subsection (2), for paragraphs (c) and (d) substitute—

“(c)   

proceedings in a magistrates’ court under Schedule 2 to the

10

Criminal Justice and Immigration Act 2008 (proceedings for

breach, revocation or amendment of youth rehabilitation

orders);

(d)   

proceedings on appeal from a magistrates’ court arising out

of any proceedings mentioned in paragraph (c) (including

15

proceedings by way of case stated).”

      (3)  

In subsection (4A), omit paragraph (d) (but not the word “or” immediately

following it).

      (4)  

In subsection (10), for the words from “Schedule 7” to “supervision orders)”

substitute the words “Schedule 2 to the Criminal Justice and Immigration

20

Act 2008 (proceedings for breach, revocation or amendment of youth

rehabilitation orders)”.

      (5)  

In subsection (13), omit paragraph (c)(i).

Criminal Appeal Act 1968 (c. 19)

4          

In section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in

25

other cases dealt with at assizes or quarter sessions), for paragraph (b)

substitute—

“(b)   

having been given a suspended sentence or made the subject

of—

(i)   

an order for conditional discharge,

30

(ii)   

a youth rehabilitation order within the meaning of

Part 1 of the Criminal Justice and Immigration Act

2008, or

(iii)   

a community order within the meaning of Part 12 of

the Criminal Justice Act 2003,

35

   

appears or is brought before the Crown Court to be further

dealt with for the offence.”

Firearms Act 1968 (c. 27)

5          

The Firearms Act 1968 has effect subject to the following amendments.

6          

In section 21(3ZA)(a) (possession of firearms by persons previously

40

convicted of crime), after “2003”, insert “, or a youth rehabilitation order

within the meaning of Part 1 of the Criminal Justice and Immigration Act

2008,”.

7          

In section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of

certificate by convicting court), after “2003”, insert “, or a youth

45

 

 

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments

131

 

rehabilitation order within the meaning of Part 1 of the Criminal Justice and

Immigration Act 2008,”.

Health Services and Public Health Act 1968 (c. 46)

8          

The Health Services and Public Health Act 1968 has effect subject to the following

amendments.

5

9          

In section 64(3)(a) (financial assistance by the Secretary of State to certain

voluntary organisations)

(a)   

in paragraph (xxi) of the definition of “the relevant enactments”, for

“sections 63 to 66 and 92 of, and Schedules 6 and 7 to,” substitute “section

92 of”, and

10

(b)   

after that paragraph, insert

“(xxii)   

Part 1 of the Criminal Justice and Immigration Act 2008;”.

10         

In section 65(3)(b) (financial and other assistance by local authorities to certain

voluntary organisations), for paragraph (xxii) of the definition of “relevant

enactments” substitute

15

“(xxii)   

Part 1 of the Criminal Justice and Immigration Act 2008;”.

Social Work (Scotland) Act 1968 (c. 49)

11         

The Social Work (Scotland) Act 1968 has effect subject to the following

amendments.

12         

In section 86(3) (adjustments between authority providing accommodation

20

etc, and authority of area of residence) after “supervision order” insert “,

youth rehabilitation order”.

13         

In section 94(1) (interpretation)—

(a)   

for the definition of “probation order” substitute—

““probation order”, in relation to an order imposed by a

25

court in Northern Ireland, has the same meaning as in

the Criminal Justice (Northern Ireland) Order 1996,”,

(b)   

in the definition of “supervision order”, omit “the Powers of

Criminal Courts (Sentencing) Act 2000 or”, and

(c)   

at the end insert—

30

““youth rehabilitation order” means an order made

under section 1 of the Criminal Justice and

Immigration Act 2008.”

Children and Young Persons Act 1969 (c. 54)

14         

The Children and Young Persons Act 1969 has effect subject to the following

35

amendments.

15         

Section 25 (transfers between England or Wales and Northern Ireland)

ceases to have effect.

16    (1)  

Section 26 (transfers between England or Wales and the Channel Islands or

Isle of Man) is amended as follows.

40

      (2)  

In subsection (1)(c), for the words from “supervision order” to “2000”

substitute “youth rehabilitation order imposing a local authority residence

requirement”.

 

 

 
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