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
146

      (3)
After that subsection insert—
“(2A)
Subsection (2) is subject to paragraph 3(4) of Schedule 1 to the
Criminal Justice and Immigration Act 2008 (youth rehabilitation
order with intensive supervision and surveillance).”
      (4)
Omit subsection (3).
5
74
In section 149(1) (passing of community sentence on offender remanded in
custody) for “youth community order” substitute “youth rehabilitation
order”.
75
In section 150 (community sentence not available where sentence fixed by
law etc.) for “youth community order” substitute “youth rehabilitation
10
order”.
76    (1)
Section 151 (community order for persistent offender previously fined) is
amended as follows.
      (2)
In the title, after “community order” insert “or youth rehabilitation order”.
      (3)
For subsection (2) substitute—
15
“(2)
The court may—
(a)
where the offender is aged under 18 at the time of conviction,
make a youth rehabilitation order in respect of the current
offence instead of imposing a fine, or
(b)
where the offender is aged 18 or over at the time of
20
conviction, make a community order in respect of the current
offence instead of imposing a fine,

if the court considers that, having regard to all the circumstances
including the matters mentioned in subsection (3), it would be in the
interests of justice to do so.”
25
77    (1)
Section 156 (pre-sentence reports and other requirements) is amended as
follows.
      (2)
In subsection (1)—
(a)
for “, (2)(b) or (3)(b)” substitute “or (2)(b),”, and
(b)
after “153(2),” insert “or in section 1(4)(b) or (c) of the Criminal Justice
30
and Immigration Act 2008 (youth rehabilitation orders with
intensive supervision and surveillance or fostering),”.
      (3)
In subsection (2) omit “or (3)(a)”.
      (4)
In subsection (3)(b)—
(a)
for “, (2)(b) or (3)(b)” substitute “or (2)(b), or in section 1(4)(b) or (c)
35
of the Criminal Justice and Immigration Act 2008,”, and
(b)
after “community order” insert “or youth rehabilitation order”.
78    (1)
Section 166 (savings for powers to mitigate sentences and deal appropriately
with mentally disordered offenders) is amended as follows.
      (2)
In subsection (1), after paragraph (d) add—
40
“(e)
paragraph 3 of Schedule 1 to the Criminal Justice and
Immigration Act 2008 (youth rehabilitation order with
intensive supervision and surveillance), or

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
147

(f)
paragraph 4 of Schedule 1 to that Act (youth rehabilitation
order with fostering),”.
      (3)
In subsections (3) and (5), for “(d)” substitute “(f)”.
79
In section 174(2) (duty to give reasons for, and explain effect of, sentence)—
(a)
in paragraph (b), after “that section” insert “or any other statutory
5
provision”,
(b)
in paragraph (c), after “community sentence” insert “, other than one
consisting of or including a youth rehabilitation order with intensive
supervision and surveillance or fostering,”, and
(c)
after paragraph (c) insert—
10
“(ca)
where the sentence consists of or includes a youth
rehabilitation order with intensive supervision and
surveillance and the case does not fall within
paragraph 5(2) of Schedule 1 to the Criminal Justice
and Immigration Act 2008, state that it is of the
15
opinion that section 1(4)(a) to (c) of that Act and
section 148(1) of this Act apply and why it is of that
opinion,
(cb)
where the sentence consists of or includes a youth
rehabilitation order with fostering, state that it is of
20
the opinion that section 1(4)(a) to (c) of the Criminal
Justice and Immigration Act 2008 and section 148(1)
of this Act apply and why it is of that opinion,”.
80
In section 176 (interpretation of Chapter 1)—
(a)
omit the definition of “youth community order”, and
25
(b)
at the end add—
““youth rehabilitation order” has the meaning given by
section 1(1) of the Criminal Justice and Immigration
Act 2008;
“youth rehabilitation order with fostering” has the
30
meaning given by paragraph 4 of Schedule 1 to that
Act;
“youth rehabilitation order with intensive supervision
and surveillance has the meaning given by paragraph
3 of Schedule 1 to that Act.”
35
81
In section 177(1) (community orders) for “16” substitute “18”.
82
In section 197(1)(b) (meaning of “the responsible officer”), omit “the offender
is aged 18 or over and”.
83
In section 199 (unpaid work requirement)—
(a)
in subsection (3), for “appropriate officer” substitute “officer of a
40
local probation board”, and
(b)
omit subsection (4).
84
In section 201 (activity requirement), in subsection (3)(a), for sub-paragraphs
(i) and (ii) (but not “and” immediately following sub-paragraph (ii))
substitute “an officer of a local probation board”.
45
85
In section 202 (programme requirement), in subsection (4)(a), for sub-
paragraphs (i) and (ii) (but not “and” immediately following sub-paragraph
(ii)) substitute “by an officer of a local probation board”.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
148

86
In section 203(2), for paragraphs (a) and (b) substitute “an officer of a local
probation board”.
87
In section 209(2)(c) (drug rehabilitation requirement), for sub-paragraphs (i)
and (ii) substitute “by an officer of a local probation board, and”.
88
In section 211 (periodic review of drug rehabilitation requirement), omit
5
subsection (5).
89
In section 214 (attendance centre requirement), after subsection (6) add—
“(7)
A requirement to attend at an attendance centre for any period on
any occasion operates as a requirement, during that period, to
engage in occupation, or receive instruction, under the supervision
10
of and in accordance with instructions given by, or under the
authority of, the officer in charge of the centre, whether at the centre
or elsewhere.”
90
In section 217(1)(b) (requirement to avoid conflict with religious beliefs etc.),
for “school or any other” substitute “any”.
15
91
In section 221(2) (provision of attendance centres)—
(a)
omit “or” at the end of paragraph (a),
(b)
after that paragraph insert—
“(aa)
attendance centre requirements of youth
rehabilitation orders, within the meaning of Part 1 of
20
the Criminal Justice and Immigration Act 2008,”, and
(c)
omit paragraph (b).
92
In section 222(1)(e) (rules), after “attendance centre requirements” insert “, or
to attendance centre requirements imposed by youth rehabilitation orders
under Part 1 of the Criminal Justice and Immigration Act 2008,”.
25
93
Section 279 (drug treatment and testing requirement in action plan order or
supervision order) ceases to have effect.
94
In Schedule 8 (breach, revocation or amendment of community order), omit
paragraphs 12, 15 and 17(5) (powers of magistrates’ court in case of offender
reaching 18).
30
95
Schedule 24 (drug treatment and testing requirement in action plan order or
supervision order) ceases to have effect.
Violent Crime Reduction Act 2006 (c. 38)
96
In section 47 of the Violent Crime Reduction Act 2006 (power to search
persons in attendance centres for weapons), in the definition of “relevant
35
person” in subsection (11), for paragraph (b) substitute—
“(b)
a youth rehabilitation order under Part 1 of the
Criminal Justice and Immigration Act 2008;”.
Offender Management Act 2007
97
In section 1(4) of the Offender Management Act 2007 (meaning of “the
40
probation purposes”), in the definition of “community order”—

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 2 — Related amendments
149

(a)
after paragraph (a) insert—
“(aa)
a youth rehabilitation order within the
meaning of Part 1 of the Criminal Justice and
Immigration Act 2008 (see section 1 of that
Act);”, and
5
(b)
after paragraph (b) insert—
“(c)
a youth community order within the meaning
of that Act (as it applies to offences committed
before section 1 of the Criminal Justice and
Immigration Act 2008 comes into force)”.
10
Part 2
Related amendments
Children and Young Persons Act 1933 (c. 12)
98
In section 49 of the Children and Young Persons Act 1933 (restrictions on
reports of proceedings in which children or young persons are concerned),
15
in subsection (13)(g)(ii), for “the Powers of Criminal Courts (Sentencing) Act
2000” substitute “Part 1 or 2 of Schedule 15 to the Criminal Justice Act 2003”.
Children and Young Persons Act 1969 (c. 54)
99    (1)
Section 32 of the Children and Young Persons Act 1969 (detention of
absentees) is amended as follows.
20
      (2)
In subsection (1A)—
(a)
in paragraph (a), after “under” insert “paragraph 4(1)(a) of Schedule
1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts
(Sentencing) Act 2000 or”,
(b)
in paragraph (b) (as substituted by paragraph 17(2)(b) of this
25
Schedule), in sub-paragraph (ii), after “under” insert “paragraph 4 of
Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal
Courts (Sentencing) Act 2000 or”.
      (3)
In subsection (1C) (as substituted by paragraph 17(3) of this Schedule)—
(a)
in paragraph (a), after “under” insert “paragraph 4(1)(a) of Schedule
30
1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts
(Sentencing) Act 2000 or”, and
(b)
in paragraph (c), after “under” insert “paragraph 4(6) of Schedule 1
or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts
(Sentencing) Act 2000 or”.
35
Bail Act 1976 (c. 63)
100
In section 4(3) of the Bail Act 1976 (general right to bail of accused persons
and others), before paragraph (a) (as substituted by paragraph 23(b) of this
Schedule) insert—
“(za)
Schedule 1 to the Powers of Criminal Courts (Sentencing) Act
40
2000 (referral orders: referral back to appropriate court),
(zb)
Schedule 8 to that Act (breach of reparation order),”.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 2 — Related amendments
150

Magistrates’ Courts Act 1980 (c. 43)
101
In Schedule 6A to the Magistrates’ Courts Act 1980 (fines that may be altered
under section 143), at the end insert—

“In Schedule 8, paragraph 2(2)(a)(i)
£1,000”.

(failure to comply with reparation order)

5
Child Abduction Act 1984 (c. 37)
102
In paragraph 2(1) of the Schedule to the Child Abduction Act 1984
(modifications of section 1 for children in certain cases)—
(a)
in paragraph (a), after “under” insert “paragraph 4(1)(a) of Schedule
1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts
10
(Sentencing) Act 2000 or”, and
(b)
in paragraph (b), before “or” (as inserted by paragraph 31(b) of this
Schedule) insert “, paragraph 4 of Schedule 1 or paragraph 6 of
Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000”.
Children Act 1989 (c. 41)
15
103
In section 21(2)(c) of the Children Act 1989 (provision of accommodation for
children in police protection or detention or on remand, etc.), after sub-
paragraph (i) insert—
“(ia)
remanded to accommodation provided by or on
behalf of a local authority by virtue of paragraph 4
20
of Schedule 1 or paragraph 6 of Schedule 8 to the
Powers of Criminal Courts (Sentencing) Act 2000
(breach etc. of referral orders and reparation
orders);”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
25
104
The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the
following amendments.
105
In Schedule 1 (youth offender panels: further court proceedings), after
paragraph 9 insert—
“Power to adjourn hearing and remand offender
30
9ZA   (1)
This paragraph applies to any hearing relating to an offender held
by a youth court or other magistrates’ court in proceedings under
this Part of this Schedule.
      (2)
The court may adjourn the hearing, and, where it does so, may—
(a)
direct that the offender be released forthwith, or
35
(b)
remand the offender.
      (3)
Where the court remands the offender under sub-paragraph (2)—
(a)
it must fix the time and place at which the hearing is to be
resumed, and

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 2 — Related amendments
151

(b)
that time and place must be the time and place at which the
offender is required to appear or be brought before the
court by virtue of the remand.
      (4)
Where the court adjourns the hearing under sub-paragraph (2) but
does not remand the offender—
5
(a)
it may fix the time and place at which the hearing is to be
resumed, but
(b)
if it does not do so, must not resume the hearing unless it
is satisfied that the persons mentioned in sub-paragraph
(5) have had adequate notice of the time and place for the
10
resumed hearing.
      (5)
The persons referred to in sub-paragraph (4)(b) are—
(a)
the offender,
(b)
if the offender is aged under 14, a parent or guardian of the
offender, and
15
(c)
a member of the youth offending team specified under
section 18(1)(a) as responsible for implementing the order.
      (6)
If a local authority has parental responsibility for an offender who
is in its care or provided with accommodation by it in the exercise
of any social services functions, the reference in sub-paragraph
20
(5)(b) to a parent or guardian of the offender is to be read as a
reference to that authority.
      (7)
In sub-paragraph (6)—
“local authority” has the same meaning as it has in Part 1 of
the Criminal Justice and Immigration Act 2008 by virtue of
25
section 7 of that Act,
“parental responsibility” has the same meaning as it has in
the Children Act 1989 by virtue of section 3 of that Act, and
“social services functions” has the same meaning as it has in
the Local Authority Social Services Act 1970 by virtue of
30
section 1A of that Act.
      (8)
The powers of a magistrates’ court under this paragraph may be
exercised by a single justice of the peace, notwithstanding
anything in the Magistrates’ Courts Act 1980.
      (9)
This paragraph—
35
(a)
applies to any hearing in proceedings under this Part of
this Schedule in place of section 10 of the Magistrates’
Courts Act 1980 (adjournment of trial) where that section
would otherwise apply, but
(b)
is not to be taken to affect the application of that section to
40
hearings of any other description.”
106   (1)
Schedule 8 (breach, revocation and amendment of action plan orders and
reparation orders) is amended as follows.
      (2)
Omit paragraph 1 and the heading before that paragraph.
      (3)
In paragraph 2(1), for “the appropriate court,” substitute—
45
“(a)
a youth court acting in the local justice area in which the
offender resides, or

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 2 — Related amendments
152

(b)
if it is not known where the offender resides, a youth court
acting in the local justice area for the time being named in the
order in pursuance of section 74(4) of this Act,”.
      (4)
In paragraph 5—
(a)
in sub-paragraphs (1) and (3), for “appropriate court” substitute
5
“relevant court”, and
(b)
at the end insert—
    “(4)
In this paragraph, “the relevant court” means—
(a)
a youth court acting in the local justice area for the
time being named in the order in pursuance of
10
section 74(4) of this Act, or
(b)
in the case of an application made both under this
paragraph and under paragraph 2(1), the court
mentioned in paragraph 2(1).”
      (5)
In paragraph 6—
15
(a)
in sub-paragraph (1), for “the appropriate court” substitute “a court”,
(b)
in sub-paragraph (4), for “the appropriate court” substitute “the
court before which the warrant directs the offender to be brought
(“the relevant court”)”,
(c)
in sub-paragraph (5), for “the appropriate court” substitute “the
20
relevant court”, and
(d)
in sub-paragraph (7), for “the appropriate court”, in each place it
occurs, substitute “the relevant court”.
      (6)
After paragraph 6 insert—
“Power to adjourn hearing and remand offender
25
6A    (1)
This paragraph applies to any hearing relating to an offender held
by a youth court in any proceedings under this Schedule.
      (2)
The court may adjourn the hearing, and, where it does so, may—
(a)
direct that the offender be released forthwith, or
(b)
remand the offender.
30
      (3)
Where the court remands the offender under sub-paragraph (2)—
(a)
it must fix the time and place at which the hearing is to be
resumed, and
(b)
that time and place must be the time and place at which the
offender is required to appear or be brought before the
35
court by virtue of the remand.
      (4)
Where the court adjourns the hearing under sub-paragraph (2) but
does not remand the offender—
(a)
it may fix the time and place at which the hearing is to be
resumed, but
40
(b)
if it does not do so, must not resume the hearing unless it
is satisfied that the persons mentioned in sub-paragraph
(5) have had adequate notice of the time and place for the
resumed hearing.
      (5)
The persons referred to in sub-paragraph (4)(b) are—
45