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 2 — Related amendments
153

(a)
the offender,
(b)
if the offender is aged under 14, a parent or guardian of the
offender, and
(c)
the responsible officer.
      (6)
If a local authority has parental responsibility for an offender who
5
is in its care or provided with accommodation by it in the exercise
of any social services functions, the reference in sub-paragraph
(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)—
10
“local authority” has the same meaning as it has in Part 1 of
the Criminal Justice and Immigration Act 2008 by virtue of
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
15
“social services functions” has the same meaning as it has in
the Local Authority Social Services Act 1970 by virtue of
section 1A of that Act.
      (8)
The powers of a youth court under this paragraph may be
exercised by a single justice of the peace, notwithstanding
20
anything in the Magistrates’ Courts Act 1980.
      (9)
This paragraph—
(a)
applies to any hearing in any proceedings under this
Schedule in place of section 10 of the Magistrates’ Courts
Act 1980 (adjournment of trial) where that section would
25
otherwise apply, but
(b)
is not to be taken to affect the application of that section to
hearings of any other description.”
Criminal Justice Act 2003 (c. 44)
107
In Schedule 8 to the Criminal Justice Act 2003 (breach, revocation or
30
amendment of community order), after paragraph 25 insert—
“25A  (1)
This paragraph applies to any hearing relating to an offender held
by a magistrates’ 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
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
(b)
that time and place must be the time and place at which the
40
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—
(a)
it may fix the time and place at which the hearing is to be
45
resumed, but

Criminal Justice and Immigration Bill
Schedule 5 — Youth default orders: modification of provisions applying to youth rehabilitation orders
154

(b)
if it does not do so, must not resume the hearing unless it
is satisfied that the offender and the responsible officer
have had adequate notice of the time and place for the
resumed hearing.
      (5)
The powers of a magistrates’ court under this paragraph may be
5
exercised by a single justice of the peace, notwithstanding
anything in the Magistrates’ Courts Act 1980.
      (6)
This paragraph—
(a)
applies to any hearing in any proceedings under this
Schedule in place of section 10 of the Magistrates’ Courts
10
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
hearings of any other description.”
Schedule 5
15
Section 23(6)

Youth default orders: modification of provisions applying to youth
rehabilitation orders
General
1
Any reference to the offender is, in relation to a youth default order, to be
read as a reference to the person in default; and any reference to the time
20
when the offender is convicted is to be read as a reference to the time when
the order is made.
Unpaid work requirement
2     (1)
In its application to a youth default order, paragraph 10 of Schedule 1
(unpaid work requirement) is modified as follows.
25
      (2)
Sub-paragraph (2) has effect as if for paragraphs (a) and (b) there were
substituted—
“(a)
not less than 20, and
(b)
in the case of an amount in default which is specified in the
first column of the following Table, not more than the
30
number of hours set out opposite that amount in the second
column.

TABLE

Amount
Number of

hours

35

An amount not exceeding
40

£200

An amount exceeding £200
60

but not exceeding £500

Criminal Justice and Immigration Bill
Schedule 5 — Youth default orders: modification of provisions applying to youth rehabilitation orders
155

TABLE

Amount
Number of

hours

An amount exceeding £500
100”.

      (3)
Sub-paragraph (7) has effect as if after “Unless revoked” there were inserted
5
“(or section 23(7)(a) applies)”.
Attendance centre requirement
3     (1)
In its application to a youth default order, paragraph 12 of Schedule 1
(attendance centre requirement) is modified as follows.
      (2)
Sub-paragraph (2) has effect as if—
10
(a)
in paragraph (a), for the words following “convicted” there were
substituted “must be, in the case of an amount in default which is
specified in the first column of the following Table, not more than the
number of hours set out opposite that amount in the second column.

TABLE

15

Amount
Number of

hours

An amount not exceeding
8

£250

An amount exceeding £250
14

20

but not exceeding £500

An amount exceeding £500
24”, and

(b)
in paragraph (c), for “must not be more than 18” there were
substituted “must be, in the case of an amount in default which is
specified in the first column of the following Table, not more than the
25
number of hours set out opposite that amount in the second column.

TABLE

Amount
Number of

hours

An amount not exceeding
8

30

£250

An amount exceeding £250
12

but not exceeding £500

An amount exceeding £500
16”.

Criminal Justice and Immigration Bill
Schedule 5 — Youth default orders: modification of provisions applying to youth rehabilitation orders
156

Curfew requirement
4     (1)
In its application to a youth default order, paragraph 14 of Schedule 1
(curfew requirement) is modified as follows.
      (2)
That paragraph has effect as if after sub-paragraph (2) there were inserted—
   “(2A)
In the case of an amount in default which is specified in the first
5
column of the following Table, the number of days on which the
person in default is subject to the curfew requirement must not
exceed the number of days set out opposite that amount in the
second column.

TABLE

10

Amount
Number of days

An amount not exceeding
20

£200

An amount exceeding £200
30

but not exceeding £500

15

An amount exceeding £500
60

but not exceeding £1,000

An amount exceeding
90

£1,000 but not exceeding

£2,000

20

An amount exceeding
180”.

£2,000

Enforcement, revocation and amendment of youth default order
5     (1)
In its application to a youth default order, Schedule 2 (breach, revocation or
amendment of youth rehabilitation orders) is modified as follows.
25
      (2)
Any reference to the offence in respect of which the youth rehabilitation
order was made is to be read as a reference to the default in respect of which
the youth default order was made.
      (3)
Accordingly, any power of the court to revoke a youth rehabilitation order
and deal with the offender for the offence is to be taken to be a power to
30
revoke the youth default order and deal with him in any way in which the
court which made the youth default order could deal with him for his
default in paying the sum in question.
      (4)
Paragraph 2 has effect as if for paragraphs (a) and (b) there were substituted
“as having been made by a magistrates’ court”.
35
      (5)
The following provisions are omitted—
(a)
paragraph 6(2)(a) and (b)(i), (5) and (12) to (16),
(b)
paragraph 11(5),
(c)
paragraph 18(7), and
(d)
paragraph 19(3).
40

Criminal Justice and Immigration Bill
Schedule 6 — Her Majesty’s Commissioner for Offender Management and Prisons
157

Power to alter amount of money or number of hours or days
6
The Secretary of State may by order amend paragraph 2, 3 or 4 by
substituting for any reference to an amount of money or a number of hours
or days there specified a reference to such other amount or number as may
be specified in the order.
5
Transfer of youth default order to Northern Ireland
7     (1)
In its application to a youth default order, Schedule 3 is modified as follows.
      (2)
Paragraph 9 has effect as if, after sub-paragraph (2) there were inserted—
    “(3)
Nothing in sub-paragraph (1) affects the application of section
23(7) to a youth default order made or amended in accordance
10
with paragraph 1 or 2.”
      (3)
Paragraph 12 has effect as if, after paragraph (b) there were inserted—
“(bb)
any power to impose a fine on the offender”.
Schedule 6
Section 29

Her Majesty’s Commissioner for Offender Management and Prisons
15
Appointment and removal from office
1
Her Majesty may appoint a person to be the Commissioner.
2     (1)
A person appointed as Commissioner shall hold office for such term, not
exceeding five years, as may be specified in the terms of appointment.
      (2)
At the end of that term the person concerned is eligible for re-appointment
20
for a further period not exceeding five years.
      (3)
A person may not be re-appointed for a third consecutive term unless, by
reason of special conditions, such reappointment is desirable in the public
interest.
3     (1)
The Commissioner may be relieved of office by Her Majesty at the
25
Commissioner’s own request or removed from office by Her Majesty in
consequence of Addresses from both Houses of Parliament.
      (2)
Her Majesty may declare the office of Commissioner to have been vacated if
satisfied that the person appointed is incapable for medical reasons of
performing the functions of that office.
30
Remuneration, pensions and other benefits
4
The Secretary of State shall pay the Commissioner such remuneration and such
travelling and other allowances as the Secretary of State may determine.
5
The Secretary of State shall pay to or in respect of a person who holds or has held
office as Commissioner such pension, allowances or gratuities as the Secretary of
35
State may determine.

Criminal Justice and Immigration Bill
Schedule 6 — Her Majesty’s Commissioner for Offender Management and Prisons
158

Appointment of acting Commissioner
6     (1)
Where the office of Commissioner becomes vacant, the Secretary of State
may appoint a person as acting Commissioner.
      (2)
The power under sub-paragraph (1) may not be exercised after the end of the
period of two years beginning with the day on which the vacancy arose.
5
7     (1)
Any person holding office as acting Commissioner shall cease to hold that
office—
(a)
on the appointment of a new Commissioner; or
(b)
at the end of the period of two years beginning with the day on
which the vacancy arose.
10
      (2)
Otherwise, a person appointed as acting Commissioner holds office in
accordance with the terms of appointment.
8
A person holding office as acting Commissioner is to be treated for all
purposes (apart from those of paragraphs 1 to 7) as the Commissioner.
The Commissioner’s staff
15
9
The Commissioner’s staff shall be provided by (or in pursuance of
arrangements made by) the Secretary of State.
Delegation of functions
10    (1)
Any function of the Commissioner may be performed on behalf of the
Commissioner by an authorised member of staff (but only to the extent that
20
the person concerned is authorised to do so).
      (2)
In sub-paragraph (1) “authorised member of staff” means a member of the
Commissioner’s staff who is authorised by the Commissioner to exercise
that function.
Advisers
25
11    (1)
The Commissioner may obtain advice to assist in the performance of any of
the Commissioner’s functions from any person who appears to the
Commissioner to be qualified to give it.
      (2)
The Commissioner may pay fees or allowances to any person in relation to
the provision of advice under this paragraph.
30
Annual and other reports
12    (1)
The Commissioner—
(a)
shall publish a general report on the performance of the
Commissioner’s functions during each year (an “annual report”);
(b)
may publish other reports with respect to those functions.
35
      (2)
An annual report must be published as soon as may be practicable after the
end of the year to which it relates.
      (3)
The Commissioner shall send a copy of each report under this paragraph to
the Secretary of State.

Criminal Justice and Immigration Bill
Schedule 7 — The Commissioner’s complaints remit
Part 1 — The specified matters
159

      (4)
The Secretary of State shall lay before Parliament—
(a)
a copy of each annual report,
(b)
a copy of any other report under this paragraph which is sent with a
request for it to be so laid,

and shall do so as soon as practicable after receiving a copy of the report
5
concerned.
Schedule 7
Section 30

The Commissioner’s complaints remit
Part 1
The specified matters
10
1
Any matter relating to the way in which a person has been treated at any
applicable premises while being held there.
2
Any matter relating to the way in which a person has been treated by prison
officers or prisoner custody officers while in their custody, or under their
control or escort, anywhere in the world.
15

Note: The matters covered by this paragraph include matters affecting a
person who has been charged with or convicted of an offence which relate
to the exercise of the statutory functions of a prison officer or a prisoner
custody officer.
3
Any matter relating to the exercise—
20
(a)
in relation to a person who has been charged with or convicted of an
offence, of any statutory function of the Secretary of State relating to
applicable premises (other than approved premises) or persons held
there; or
(b)
in relation to a person being held in approved premises, of any
25
statutory function of the Secretary of State relating to approved
premises or persons held there.
4
Any matter relating to the conduct of a local probation board or officer of a
local probation board in connection with responsibilities assumed by the
board or officer in relation to a person who has been charged with or
30
convicted of an offence.

Note: The reference to a local probation board includes a reference to a
person acting in pursuance of arrangements of the kind mentioned in
section 5(2) of the Criminal Justice and Court Services Act 2000 (c. 43).
5
Any matter relating to the conduct of a provider of probation services or an
35
officer of a provider of probation services in connection with responsibilities
assumed by the provider or officer in relation to a person who has been
charged with or convicted of an offence.

Note: The reference to a provider of probation services includes a reference
to a person acting in pursuance of arrangements of the kind mentioned in
40
section 3(3)(c)(i) of the Offender Management Act 2007.
6
Any matter relating to the way in which a person has been treated at any
immigration detention premises (other than excepted premises) while being