Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
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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
139

(b)
the provisions of Part 1 of the Criminal Justice and
Immigration Act 2008 shall apply accordingly.”
      (4)
In sub-paragraph (3)—
(a)
for paragraph (a) substitute—
“(a)
the requirements of the legislation relating to
5
community orders or, as the case may be, youth
rehabilitation orders;”;
(b)
in paragraph (b), for “Schedule 8 to that Act” substitute “that
legislation”.
      (5)
In sub-paragraph (4)—
10
(a)
after “a community order” insert “or, as the case may be, a youth
rehabilitation order”,
(b)
omit “under section 177 of the Criminal Justice Act 2003”, and
(c)
for “to that Act” substitute “to the Criminal Justice Act 2003 or by
paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and
15
Immigration Act 2008”.
      (6)
In sub-paragraph (5)—
(a)
after “2003” insert “or, as the case may be, Part 1 of the Criminal
Justice and Immigration Act 2008”, and
(b)
in paragraph (b), after “local probation board” insert “or, as the case
20
may be, member of a youth offending team”.
      (7)
In sub-paragraph (8)—
(a)
after “In this paragraph” insert—
““adult probation order” means a probation order
made in respect of an offender who was aged at
25
least 18 when convicted of the offence in respect of
which the order is made;
“community order” means an order made under
section 177 of the Criminal Justice Act 2003;”;
(b)
at the end insert—
30
““youth probation order” means a probation order
made in respect of an offender who was aged
under 18 when convicted of the offence in respect
of which the order is made;
“youth rehabilitation order” means an order made
35
under section 1 of the Criminal Justice and
Immigration Act 2008.”
Criminal Justice and Public Order Act 1994 (c. 33)
42
In section 136 of the Criminal Justice and Public Order Act 1994 (cross-
border enforcement: execution of warrants), in subsection (7A), after “youth
40
offender panel)” insert “or under Schedule 2 to the Criminal Justice and
Immigration Act 2008 (youth rehabilitation orders: breach etc.)”.
Criminal Procedure (Scotland) Act 1995 (c. 46)
43
The Criminal Procedure (Scotland) Act 1995 has effect subject to the
following amendments.
45

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
140

44    (1)
Section 234 (probation orders: persons residing in England and Wales) is
amended as follows.
      (2)
In subsection (2), at the end insert “(in any case where the offender has
attained the age of 18 years) or under section 1 of the Criminal Justice and
Immigration Act 2008 (in any other case)”.
5
      (3)
In subsection (4)—
(a)
in paragraph (a), for “and section 207(2) of the Criminal Justice Act
2003” substitute “, section 207(2) of the Criminal Justice Act 2003 and
paragraph 20(2) of Schedule 1 to the Criminal Justice and
Immigration Act 2008”,
10
(b)
in paragraph (a), for “or, as the case may be, community orders
under Part 12 of that Act” substitute “, community orders under Part
12 of the Criminal Justice Act 2003 or, as the case may be, youth
rehabilitation orders under Part 1 of the Criminal Justice and
Immigration Act 2008”,
15
(c)
in paragraph (a), for “and section 207 of the Criminal Justice Act
2003” substitute “, section 207 of the Criminal Justice Act 2003 and
paragraph 20 of Schedule 1 to the Criminal Justice and Immigration
Act 2008”,
(d)
in paragraph (b), after “2003” insert “or (as the case may be)
20
paragraphs 20(4) and 21(1) to (3) of Schedule 1 to the Criminal Justice
and Immigration Act 2008”, and
(e)
in paragraph (b), at the end insert “or that paragraph”.
      (4)
In subsection (4A) at the end insert “(in any case where the offender has
attained the age of 18 years) or in a youth rehabilitation order made under
25
section 1 of the Criminal Justice and Immigration Act 2008 (in any other
case)”.
      (5)
In subsection (5) for the words from “subject to subsection (6)” to the end
substitute “subject to subsections (6) and (6A) below—
(a)
Schedule 8 to the Criminal Justice Act 2003 shall apply as if it
30
were a community order made by a magistrates’ court under
section 177 of that Act and imposing the requirements
specified under subsection (4A) above (in any case where the
offender has attained the age of 18 years); and
(b)
Schedule 2 to the Criminal Justice and Immigration Act 2008
35
shall apply as if it were a youth rehabilitation order made by
a magistrates’ court under section 1 of that Act and imposing
the requirements specified under that subsection (in any
other case).”
      (6)
After subsection (6) insert—
40
“(6A)
In its application to a probation order made or amended under this
section, Schedule 2 to the Criminal Justice and Immigration Act 2008
has effect subject to the following modifications—
(a)
any reference to the responsible officer has effect as a
reference to the person appointed or assigned under
45
subsection (1)(a) above,
(b)
in paragraph 6, sub-paragraph (2)(c) is omitted and, in sub-
paragraph (16), the reference to the Crown Court has effect as
a reference to a court in Scotland, and

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
141

(c)
Parts 3 and 5 are omitted.”
45    (1)
Section 242 (community service orders: persons residing in England and
Wales) is amended as follows.
      (2)
In subsection (1)(a)—
(a)
in sub-paragraph (ii), after “Part 12 of the Criminal Justice Act 2003)”
5
insert “, in any case where the offender has attained the age of 18
years, or an unpaid work requirement imposed by a youth
rehabilitation order (within the meaning of Part 1 of the Criminal
Justice and Immigration Act 2008), in any other case”, and
(b)
in sub-paragraph (iii), after “section 177 of the Criminal Justice Act
10
2003” insert “or, as the case may be, imposed by youth rehabilitation
orders made under section 1 of the Criminal Justice and Immigration
Act 2008”.
      (3)
In subsection (2)(b)—
(a)
after “that court” insert “, in any case where the offender has attained
15
the age of 18 years,” and
(b)
after “2003” insert “or it appears to that court, in any other case, that
provision can be made for the offender to perform work under the
order under the arrangements which exist in that area for persons to
perform work under unpaid work requirements imposed by youth
20
rehabilitation orders made under section 1 of the Criminal Justice
and Immigration Act 2008”.
      (4)
In subsection (3)(b) at the end insert “or, as the case may be, conferred on
responsible officers by Part 1 of the Criminal Justice and Immigration Act
2008 in respect of unpaid work requirements imposed by youth
25
rehabilitation orders (within the meaning of that Part)”.
46    (1)
Section 244 (community service orders: general provisions relating to
persons residing in England and Wales or Northern Ireland) is amended as
follows.
      (2)
In subsection (3)(a)—
30
(a)
after “2003)” insert “or, as the case may be, a youth rehabilitation
order (within the meaning of Part 1 of the Criminal Justice and
Immigration Act 2008)”, and
(b)
after “such community orders” insert “or youth rehabilitation
orders”.
35
      (3)
In subsection (4)(a)—
(a)
for “or, as the case may be, community orders” substitute “,
community orders”, and
(b)
after “2003)” insert “or, as the case may be, youth rehabilitation
orders (within the meaning of Part 1 of the Criminal Justice and
40
Immigration Act 2008)”.
      (4)
In subsection (5)—
(a)
for “or, as the case may be, a community order” substitute “, a
community order”, and
(b)
after “2003)” insert “or, as the case may be, a youth rehabilitation
45
order (within the meaning of Part 1 of the Criminal Justice and
Immigration Act 2008)”.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
142

      (5)
In subsection (6)—
(a)
for “or, as the case may be, community orders” substitute “,
community orders”,
(b)
after “within the meaning of Part 12 of the Criminal Justice Act 2003)”
insert “or, as the case may be, youth rehabilitation orders (within the
5
meaning of Part 1 of the Criminal Justice and Immigration Act
2008)”, and
(c)
after “the responsible officer under Part 12 of the Criminal Justice Act
2003” insert “or, as the case may be, under Part 1 of the Criminal
Justice and Immigration Act 2008”.
10
Education Act 1996 (c. 56)
47
In section 562(2)(b) of the Education Act 1996 (Act not to apply to persons
detained under order of a court), for “community order under section 177 of
the Criminal Justice Act 2003” substitute “youth rehabilitation order under
section 1 of the Criminal Justice and Immigration Act 2008”.
15
Crime and Disorder Act 1998 (c. 37)
48
The Crime and Disorder Act 1998 has effect subject to the following
amendments.
49
In section 38(4) (local provision of youth justice services)—
(a)
in paragraph (f), for “, reparation orders and action plan orders”
20
substitute “and reparation orders”,
(b)
after paragraph (f) insert—
“(fa)
the provision of persons to act as responsible officers
in relation to youth rehabilitation orders (within the
meaning of Part 1 of the Criminal Justice and
25
Immigration Act 2008);
(fb)
the supervision of children and young persons
sentenced to a youth rehabilitation order under that
Part which includes a supervision requirement
(within the meaning of that Part);”,
30
(c)
omit paragraph (g), and
(d)
in paragraph (h), omit “or a supervision order”.
50
In Schedule 8 (minor and consequential amendments), in paragraph 13(2),
for “that section” substitute “section 10 of that Act”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
35
51
The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the
following amendments.
52
In section 19(4)(a) (making of referral orders: effect on court’s other
sentencing powers), for “community sentence” substitute “sentence which
consists of or includes a youth rehabilitation order”.
40
53
In section 73 (reparation orders)—
(a)
for subsection (4)(b) substitute—
“(b)
to make in respect of him a youth rehabilitation order
or a referral order.”

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
143

(b)
after subsection (4) insert—
“(4A)
The court shall not make a reparation order in respect of the
offender at a time when a youth rehabilitation order is in
force in respect of him unless when it makes the reparation
order it revokes the youth rehabilitation order.
5
(4B)
Where a youth rehabilitation order is revoked under
subsection (4A), paragraph 24 of Schedule 2 to the Criminal
Justice and Immigration Act 2008 (breach, revocation or
amendment of youth rehabilitation order) applies to the
revocation.”
10
54
In section 74(3)(a) (requirements and provisions of reparation order, and
obligations of person subject to it), omit “or with the requirements of any
community order or any youth community order to which he may be
subject”.
55
In section 75 (breach, revocation and amendment of reparation orders) omit
15
“action plan orders and” and “so far as relating to reparation orders”.
56
In section 91(3) (offenders under 18 convicted of certain serious offences:
power to detain for specified period), for “a community sentence” substitute
“a youth rehabilitation order”.
57
In section 137(2) (power to order parent or guardian to pay fine, costs,
20
compensation or surcharge)—
(a)
after “under—” insert—
“(za)
paragraph 6(2)(a) or 8(2)(a) of Schedule 2 to the
Criminal Justice and Immigration Act 2008 (breach of
youth rehabilitation order),”, and
25
(b)
omit paragraphs (a) to (c), and
(c)
in paragraph (d) omit “action plan order or”.
58
In section 150(2) (binding over of parent or guardian), for “a community
sentence on the offender” substitute “on the offender a sentence which
consists of or includes a youth rehabilitation order”.
30
59
In section 159 (execution of process between England and Wales and
Scotland)—
(a)
after “Schedule 1 to this Act,” insert “or”,
(b)
omit “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”,
(c)
omit “paragraph 1(1) of Schedule 5 to this Act”, and
35
(d)
omit “paragraph 7(2) of Schedule 7 to this Act, or”.
60    (1)
Section 160 (rules and orders) is amended as follows.
      (2)
Omit subsection (2).
      (3)
In subsection (3)(a)—
(a)
omit “40(2)(a),” and
40
(b)
for “103(2) or paragraph 1(1A) of Schedule 3,” substitute “or 103(2).”
      (4)
Omit subsection (5).
61
In section 163 (general definitions)—
(a)
omit the definitions of “action plan order”, “affected person”,
“attendance centre”, “attendance centre order”, “community
45

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
144

sentence”, “curfew order”, “exclusion order”, “supervision order”,
“supervisor” and “youth community order”,
(b)
in the definition of “responsible officer”, omit paragraphs (a), (aa)
and (f), and
(c)
at the end add—
5
““youth rehabilitation order” has the meaning given by
section 1(1) of the Criminal Justice and Immigration
Act 2008.”
62    (1)
Schedule 8 (breach, revocation and amendment of action plan orders and
reparation orders) is amended as follows.
10
      (2)
In the heading to the Schedule omit “action plan orders and”.
      (3)
In the cross-heading before paragraph 2, omit “action plan order or”.
      (4)
In paragraph 2—
(a)
in sub-paragraph (1), for “an action plan order or” substitute “a”,
(b)
in sub-paragraph (2)—
15
(i)
in paragraph (a), omit sub-paragraphs (ii) and (iii), and
(ii)
in each of paragraphs (b) and (c), omit “action plan order or”.
(c)
in each of sub-paragraphs (5) and (7), omit “action plan order or”,
and
(d)
in sub-paragraph (8), omit “or action plan order” in both places
20
where it occurs.
      (5)
Omit paragraphs 3 and 4.
      (6)
In the cross-heading before paragraph 5, omit “action plan order or”.
      (7)
In paragraph 5—
(a)
in sub-paragraph (1), for “an action plan order or” substitute “a” and,
25
in paragraph (a), omit “action plan order or”, and
(b)
in sub-paragraph (3), for “an action plan order or” substitute “a”.
      (8)
In paragraph 6(9), in each of paragraphs (a), (b) and (c), omit “action plan
order or”.
      (9)
In paragraph 7(b), for “an action plan order or” substitute “a”.
30
63
In Schedule 10 (transitory modifications), omit paragraphs 4 to 6 and 12 to
15.
64
In Schedule 11 (transitional provisions)—
(a)
in paragraph 4, omit—
(i)
paragraph (a) of sub-paragraph (1),
35
(ii)
sub-paragraph (2), and
(iii)
sub-paragraph (3), and
(b)
omit paragraph 5.
Child Support, Pensions and Social Security Act 2000 (c. 19)
65
The Child Support, Pensions and Social Security Act 2000 has effect subject
40
to the following amendments.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
145

66    (1)
Section 62 (loss of benefit for breach of community order) is amended as
follows.
      (2)
In the definition of “relevant community order” in subsection (8)—
(a)
after “2003;” in paragraph (a) insert—
“(aa)
a youth rehabilitation order made under section 1 of
5
the Criminal Justice and Immigration Act 2008;”, and
(b)
in paragraph (b) for “such an order” substitute “an order specified in
paragraph (a) or (aa)”.
      (3)
In subsection (11)(c)(ii) for “and (b)” substitute “to (b)”.
67    (1)
Section 64 (information provision) is amended as follows.
10
      (2)
In subsection (6)(a) after “2003)” insert “, youth rehabilitation orders (as
defined by section 1 of the Criminal Justice and Immigration Act 2008)”.
      (3)
In subsection (7) after paragraph (b) insert—
“(ba)
a responsible officer within the meaning of Part 1 of the
Criminal Justice and Immigration Act 2008;”.
15
Criminal Justice and Court Services Act 2000 (c. 43)
68
The Criminal Justice and Court Services Act 2000 has effect subject to the
following amendments.
69
In section 1(2)(a) (purposes of Chapter), after “2003)” insert “, youth
rehabilitation orders (as defined by section 1 of the Criminal Justice and
20
Immigration Act 2008)”.
70
Section 70(5) (interpretation, etc.) is omitted.
Criminal Justice Act 2003 (c. 44)
71
Part 12 of the Criminal Justice Act 2003 (sentencing) has effect subject to the
following amendments.
25
72    (1)
Section 147 (meaning of “community sentence” etc.) is amended as follows.
      (2)
In subsection (1)—
(a)
omit paragraph (b), and
(b)
after that paragraph insert—
“(c)
a youth rehabilitation order.”
30
      (3)
Omit subsection (2).
73    (1)
Section 148 (restrictions on imposing community sentences) is amended as
follows.
      (2)
In subsection (2)—
(a)
omit “which consists of or includes a community order”, and
35
(b)
in paragraph (a), after “community order” insert “, or, as the case
may be, youth rehabilitation order, comprised in the sentence”.