Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
132

      (3)
In subsection (2), for the words from “supervision order” to “2000”
substitute “youth rehabilitation order imposing a local authority residence
requirement”.
17    (1)
Section 32 (detention of absentees) is amended as follows.
      (2)
In subsection (1A)—
5
(a)
in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of
Criminal Courts (Sentencing) Act 2000” substitute “paragraph 21(2)
of Schedule 2 to the Criminal Justice and Immigration Act 2008”, and
(b)
for paragraph (b) substitute—
“(b)
from local authority accommodation—
10
(i)
in which he is required to live by virtue of a
youth rehabilitation order imposing a local
authority residence requirement (within the
meaning of Part 1 of the Criminal Justice and
Immigration Act 2008); or
15
(ii)
to which he has been remanded under
paragraph 21 of Schedule 2 to the Criminal
Justice and Immigration Act 2008; or
(iii)
to which he has been remanded or committed
under section 23(1) of this Act,”.
20
      (3)
For subsection (1C) substitute—
“(1C)
In this section “the responsible person” means, as the case may be—
(a)
the person who made the arrangements under paragraph
21(2) of Schedule 2 to the Criminal Justice and Immigration
Act 2008;
25
(b)
the authority specified under paragraph 17(5) of Schedule 1
to the Criminal Justice and Immigration Act 2008;
(c)
the authority designated under paragraph 21(10) of Schedule
2 to the Criminal Justice and Immigration Act 2008; or
(d)
the authority designated under section 23 of this Act.”
30
      (4)
After subsection (1C) insert—
“(1D)
If a child or young person—
(a)
is required to reside with a local authority foster parent by
virtue of a youth rehabilitation order with fostering, and
(b)
is absent, without the consent of the responsible officer
35
(within the meaning of Part 1 of the Criminal Justice and
Immigration Act 2008), from the place in which he is required
to reside,

he may be arrested by a constable anywhere in the United Kingdom
without a warrant.
40
(1E)
A person so arrested shall be conducted to—
(a)
the place where he is required to reside, or
(b)
such other place as the local authority specified under
paragraph 18(3) of Schedule 1 to the Criminal Justice and
Immigration Act 2008 may direct,
45

at that local authority’s expense.”
      (5)
In subsection (2), for “or (1A)” substitute “, (1A) or (1D)”.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
133

      (6)
In subsection (2A), for the words from “mentioned in subsection” to “this
section is in premises” substitute “mentioned in subsection (1), (1A)(a) or
(b)(i) or (ii) or (1D) of this section is in premises”.
      (7)
In subsection (2B)—
(a)
after “subsection (1A)” insert “or (1D)”, and
5
(b)
at the end insert “or the responsible officer, as the case may be.”
      (8)
In subsection (3), for “or (1A)” substitute “, (1A) or (1D)”.
      (9)
In subsection (4), after “(1A)” insert “, (1D)”.
18
In section 70(1) (interpretation)—
(a)
omit the definition of “supervision order”,
10
(b)
after the definition of “local authority accommodation” insert—
““local authority residence requirement” has the same
meaning as in Part 1 of the Criminal Justice and
Immigration Act 2008;”, and
(c)
after the definition of “youth offending team” insert—
15
““youth rehabilitation order” and “youth rehabilitation
order with fostering” have the same meanings as in
Part 1 of the Criminal Justice and Immigration Act
2008 (see section 1 of that Act);”.
19
In section 73(4)(a) (provisions of section 32 extending to Scotland) for “to
20
(1C)” substitute “to (1E)”.
Rehabilitation of Offenders Act 1974 (c. 53)
20
The Rehabilitation of Offenders Act 1974 has effect subject to the following
amendments.
21
In section 5(5) (rehabilitation periods for particular sentences) after
25
paragraph (d) insert—
“(da)
a youth rehabilitation order under Part 1 of the Criminal
Justice and Immigration Act 2008;”.
22
In section 7(2) (limitations on rehabilitation under Act, etc.) for paragraph
(d) substitute—
30
“(d)
in any proceedings relating to the variation or discharge of a
youth rehabilitation order under Part 1 of the Criminal
Justice and Immigration Act 2008, or on appeal from any such
proceedings;”.
Bail Act 1976 (c. 63)
35
23
In section 4(3) of the Bail Act 1976 (general right to bail of accused persons
and others)—
(a)
omit the words “to be dealt with”, and
(b)
for paragraph (a), substitute—
“(a)
Schedule 2 to the Criminal Justice and Immigration
40
Act 2008 (breach, revocation or amendment of youth
rehabilitation orders), or”.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
134

Magistrates’ Courts Act 1980 (c. 43)
24
In Schedule 6A to the Magistrates’ Courts Act 1980 (fines that may be altered
under section 143), omit the entries relating to Schedules 3, 5 and 7 to the
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
Contempt of Court Act 1981 (c. 49)
5
25
In section 14 of the Contempt of Court Act 1981 (proceedings in England and
Wales), omit the subsection (2A) inserted by the Criminal Justice Act 1982
(c. 48).
Criminal Justice Act 1982
26
Part 3 of Schedule 13 to the Criminal Justice Act 1982 (reciprocal
10
arrangements for transfer of community service orders from Northern
Ireland) has effect subject to the following amendments.
27    (1)
Paragraph 7 (transfer to England and Wales) is amended as follows.
      (2)
In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such
orders” substitute “an unpaid work requirement of a community order
15
under section 177 of the Criminal Justice Act 2003 or youth rehabilitation
order under section 1 of the Criminal Justice and Immigration Act 2008”.
      (3)
In sub-paragraph (2)(b)—
(a)
after “a community order” insert “or a youth rehabilitation order”,
and
20
(b)
omit “(within the meaning of Part 12 of the Criminal Justice Act
2003)”.
      (4)
In sub-paragraph (3)—
(a)
for “A community service order” substitute “An adult community
service order”, and
25
(b)
in paragraph (b)—
(i)
omit “within the meaning of Part 12 of the Criminal Justice
Act 2003”, and
(ii)
for “by that Part of that Act” substitute “by Part 12 of the
Criminal Justice Act 2003”.
30
      (5)
After sub-paragraph (3) insert—
    “(4)
A youth community service order made or amended in
accordance with this paragraph shall—
(a)
specify the local justice area in England or Wales in which
the offender resides or will be residing when the order or
35
the amendment comes into force; and
(b)
require—
(i)
the local probation board for that area established
under section 4 of the Criminal Justice and Court
Services Act 2000, or
40
(ii)
a youth offending team established under section
39 of the Crime and Disorder Act 1998 by a local
authority for the area in which the offender resides

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
135

or will be residing when the order or amendment
comes into force,

to appoint or assign an officer of the board or, as the case
may be, a member of the team who will discharge in
respect of the order the functions in respect of youth
5
rehabilitation orders conferred on responsible officers by
Part 1 of the Criminal Justice and Immigration Act 2008.”
28    (1)
Paragraph 9 (general provision) is amended as follows.
      (2)
In sub-paragraph (3)—
(a)
in paragraph (a)—
10
(i)
for “a community service order” substitute “an adult
community service order”;
(ii)
omit “under section 177 of the Criminal Justice Act 2003”;
(iii)
for “of that Act” substitute “of the Criminal Justice Act 2003”,
and
15
(b)
before “and” at the end of that paragraph insert—
“(aa)
a youth community service order made or
amended in the circumstances specified in
paragraph 7 above shall be treated as if it were a
youth rehabilitation order made in England and
20
Wales and the provisions of Part 1 of the Criminal
Justice and Immigration Act 2008 shall apply
accordingly;”.
      (3)
In sub-paragraph (4)(a)—
(a)
after “community orders” insert “or youth rehabilitation orders”,
25
and
(b)
omit “(within the meaning of Part 12 of the Criminal Justice Act
2003)”.
      (4)
In sub-paragraph (5)—
(a)
after “community order” insert “or youth rehabilitation order”, and
30
(b)
omit “(within the meaning of Part 12 of the Criminal Justice Act
2003)”.
      (5)
In sub-paragraph (6)—
(a)
after “community orders” insert “or youth rehabilitation orders”,
(b)
omit “(within the meaning of Part 12 of the Criminal Justice Act
35
2003)”, and
(c)
in paragraph (b)(i), after “2003” insert “or, as the case may be, Part 1
of the Criminal Justice and Immigration Act 2008”.
29
After that paragraph insert—
“Community service orders relating to persons residing in England and Wales:
40
interpretation
10
In paragraphs 7 and 9 above—
“adult community service order” means a community service
order made in respect of an offender who was aged at least
18 when convicted of the offence in respect of which the
45
order is made;

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
136

“community order” means an order made under section 177
of the Criminal Justice Act 2003;
“youth community service order” means a community
service order made in respect of an offender who was aged
under 18 when convicted of the offence in respect of which
5
the order is made;
“youth rehabilitation order” means an order made under
section 1 of the Criminal Justice and Immigration Act
2008.”
Mental Health Act 1983 (c. 20)
10
30
In section 37(8) of the Mental Health Act 1983 (powers of courts to order
hospital admission or guardianship)—
(a)
in paragraph (a), after “Criminal Justice Act 2003)” insert “or a youth
rehabilitation order (within the meaning of Part 1 of the Criminal
Justice and Immigration Act 2008)”, and
15
(b)
in paragraph (c), omit the words “a supervision order (within the
meaning of that Act) or”.
Child Abduction Act 1984 (c. 37)
31
In paragraph 2(1) of the Schedule to the Child Abduction Act 1984
(modifications of section 1 for children in certain cases)—
20
(a)
in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of
Criminal Courts (Sentencing) Act 2000” substitute “paragraph 21(2)
of Schedule 2 to the Criminal Justice and Immigration Act 2008”, and
(b)
in paragraph (b), after “1969” insert “or paragraph 21 of Schedule 2
to the Criminal Justice and Immigration Act 2008”.
25
Prosecution of Offences Act 1985 (c. 23)
32    (1)
Section 19 of the Prosecution of Offences Act 1985 (provision for orders as to
costs in other circumstances) is amended as follows.
      (2)
In subsection (3B)(b)(i), for the words from “in a community order” to “that
Act” substitute “a mental health treatment requirement in a community
30
order or youth rehabilitation order”.
      (3)
After subsection (3B) insert—
“(3C)
For the purposes of subsection (3B)(b)(i)—
“community order” has the same meaning as in Part 12 of the
Criminal Justice Act 2003;
35
“mental health treatment requirement” means—
(a)
in relation to a community order, a mental health
treatment requirement under section 207 of the
Criminal Justice Act 2003, and
(b)
in relation to a youth rehabilitation order, a mental
40
health treatment requirement under paragraph 20 of
Schedule 1 to the Criminal Justice and Immigration
Act 2008;
“youth rehabilitation order” has the same meaning as in Part 1
of the Criminal Justice and Immigration Act 2008.”
45

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
137

Children Act 1989 (c. 41)
33
The Children Act 1989 has effect subject to the following amendments.
34    (1)
Section 21 (provision of accommodation for children in police protection or
detention or on remand, etc.) is amended as follows.
      (2)
In subsection (2)(c)—
5
(a)
in sub-paragraph (i), omit “paragraph 7(5) of Schedule 7 to the
Powers of Criminal Courts (Sentencing) Act 2000 or” and “or” at the
end of that sub-paragraph, and
(b)
for sub-paragraph (ii), substitute—
“(ii)
remanded to accommodation provided by or
10
on behalf of a local authority by virtue of
paragraph 21 of Schedule 2 to the Criminal
Justice and Immigration Act 2008 (breach etc.
of youth rehabilitation orders); or
(iii)
the subject of a youth rehabilitation order
15
imposing a local authority residence
requirement or a youth rehabilitation order
with fostering,”.
      (3)
After subsection (2) insert—
“(2A)
In subsection (2)(c)(iii), the following terms have the same meanings
20
as in Part 1 of the Criminal Justice and Immigration Act 2008(see
section 7 of that Act)—

“local authority residence requirement”;

“youth rehabilitation order”;

“youth rehabilitation order with fostering”.”
25
35
In section 31(7)(b) (care and supervision orders), for sub-paragraph (ii)
substitute—
“(ii)
a youth rehabilitation order within the meaning of
Part 1 of the Criminal Justice and Immigration Act
2008; or”.
30
36
In section 105(6) (interpretation)—
(a)
in paragraph (b), omit from the words “or an” to the end of the
paragraph, and
(b)
after that paragraph insert—
“(ba)
in accordance with the requirements of a youth
35
rehabilitation order under Part 1 of the Criminal
Justice and Immigration Act 2008; or”.
37    (1)
Part 3 of Schedule 3 (education supervision orders) is amended as follows.
      (2)
In paragraph 13(2), for paragraph (c) substitute—
“(c)
a youth rehabilitation order made under Part 1 of the
40
Criminal Justice and Immigration Act 2008 with respect to
the child, while the education supervision order is in force,
may not include an education requirement (within the
meaning of that Part);”.
      (3)
In paragraph 14—
45

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
138

(a)
in sub-paragraph (1), for “order under section 63(1) of the Powers of
Criminal Courts (Sentencing) Act 2000” substitute “youth
rehabilitation order (within the meaning of Part 1 of the Criminal
Justice and Immigration Act 2008)”, and
(b)
in sub-paragraph (2), after “direction” (in the second place it occurs)
5
insert “or instruction”.
38
In paragraph 3 of Schedule 8 (privately fostered children) for paragraph (a)
substitute—
“(a)
a youth rehabilitation order made under section 1 of the
Criminal Justice and Immigration Act 2008;”.
10
Criminal Justice Act 1991 (c. 53)
39
Part 3 of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation
orders from Northern Ireland to England and Wales) has effect subject to the
following amendments.
40    (1)
Paragraph 10 is amended as follows.
15
      (2)
In sub-paragraph (2)(b), for the words from “the local probation board” to
the end substitute “—
(i)
the local probation board for the area which
contains the local justice area in which he resides or
will reside, or
20
(ii)
a youth offending team established by a local
authority for the area in which he resides or will
reside,”, and
      (3)
In sub-paragraph (3)(a), for the words from “an officer of a local probation
board” to the end substitute “—
25
(i)
an officer of a local probation board assigned to the
local justice area in England and Wales in which
the offender resides or will be residing when the
order or amendment comes into force, or
(ii)
a member of a youth offending team established by
30
a local authority for the area in England and Wales
in which the offender resides or will then be
residing;”.
41    (1)
Paragraph 11 is amended as follows.
      (2)
In sub-paragraph (2)—
35
(a)
for “a probation order” substitute “an adult probation order”,
(b)
in paragraph (a), omit “under section 177 of the Criminal Justice Act
2003”, and
(c)
in paragraph (b), for “of that Act” substitute “of the Criminal Justice
Act 2003”.
40
      (3)
After that sub-paragraph insert—
   “(2A)
Where a youth probation order is made or amended in any of the
circumstances specified in paragraph 10 above then, subject to the
following provisions of this paragraph—
(a)
the order shall be treated as if it were a youth rehabilitation
45
order made in England and Wales, and