Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
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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
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
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”.