|
| |
|
(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 |
| |
| |
Further provisions regarding the making or amending of youth rehabilitation orders under |
| |
| |
3 | A youth rehabilitation order made or amended in accordance with |
| 10 |
| |
(a) | specify the petty sessions district in Northern Ireland in which the |
| |
offender resides or will be residing when the order or amendment |
| |
| |
(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 |
| |
(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 |
| 25 |
(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 |
| |
| |
| 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 |
| |
(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 |
| |
(c) | the body which is to make suitable arrangements for the offender’s |
| |
supervision under the order, and |
| |
| |
(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)), |
| |
|
| |
|
| |
|
(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. |
| |
| 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. |
| |
| |
(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. |
| |
|
| |
|
| |
|
| |
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). |
| |
| |
Provisions relating to an order made or amended under Part 1 |
| |
| 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. |
| |
| |
8 | In this Part of this Schedule, in relation to the youth rehabilitation order— |
| |
“corresponding order” means the order specified under paragraph |
| 15 |
| |
| |
(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 |
| |
| 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 |
|
| |
|
| |
|
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 |
| |
| |
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 |
|
| |
|
| |
|
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 |
| |
| |
Power to amend provisions of Schedule in consequence of changes to the law in Northern |
| |
| |
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 |
| |
| |
| |
Youth rehabilitation orders: consequential and related amendments |
| |
| |
| 30 |
Children and Young Persons Act 1933 (c. 12) |
| |
1 | The Children and Young Persons Act 1933 has effect subject to the following |
| |
| |
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”. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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) |
| |
| |
“(b) | having been given a suspended sentence or made the subject |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
7 | In section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of |
| |
certificate by convicting court), after “2003”, insert “, or a youth |
| 45 |
|
| |
|
| |
|
rehabilitation order within the meaning of Part 1 of the Criminal Justice and |
| |
| |
Health Services and Public Health Act 1968 (c. 46) |
| |
8 | The Health Services and Public Health Act 1968 has effect subject to the following |
| |
| 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 |
| |
| 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 |
| |
| 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 |
| |
| |
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 |
| |
| 30 |
““youth rehabilitation order” means an order made |
| |
under section 1 of the Criminal Justice and |
| |
| |
Children and Young Persons Act 1969 (c. 54) |
| |
14 | The Children and Young Persons Act 1969 has effect subject to the following |
| 35 |
| |
15 | Section 25 (transfers between England or Wales and Northern Ireland) |
| |
| |
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 |
| |
| |
|
| |
|