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
Part 12 — General
83

(d)
an order under section 51(1), (3) or (5),
(e)
an order under section 52,
(f)
an order under section 80(2) which amends or repeals any provision of
an Act,
(g)
regulations under section 94,
5
(h)
an order under section 120(6),
(i)
an order under section 124(3) which amends or repeals any provision
of an Act,
(j)
an order under paragraph 26 or 34 of Schedule 1,
(k)
an order under paragraph 25 of Schedule 2, or
10
(l)
an order under paragraph 6 of Schedule 5,

may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
(4)
A statutory instrument containing any other order or regulations under this
Act other than—
15
(a)
an order under section 128,
(b)
an order under paragraph 25(5) of Schedule 1, or
(c)
an Order in Council under paragraph 9 of Schedule 15,

is subject to annulment in pursuance of a resolution of either House of
Parliament.
20
(5)
An order under section 128(4) is to be made by statutory rule for the purposes
of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
124
Consequential etc. amendments and transitional and saving provision
(1)
Schedule 21 contains minor and consequential amendments.
(2)
Schedule 22 contains transitory, transitional and saving provisions.
25
(3)
The Secretary of State may by order make—
(a)
such supplementary, incidental or consequential provision, or
(b)
such transitory, transitional or saving provision,

as the Secretary of State considers appropriate for the general purposes, or any
particular purposes, of this Act, or in consequence of, or for giving full effect
30
to, any provision made by this Act.
(4)
An order under subsection (3) may, in particular—
(a)
provide for any provision of this Act which comes into force before
another provision has come into force to have effect, until that other
provision has come into force, with specified modifications, and
35
(b)
amend, repeal or revoke any provision of—
(i)
any Act (including this Act and any Act passed in the same
Session as this Act);
(ii)
subordinate legislation made before the passing of this Act;
(iii)
Northern Ireland legislation; and
40
(iv)
any instrument made, before the passing of this Act, under
Northern Ireland legislation.
(5)
Nothing in this section limits the power under section 128(6) to include
provision for transitory, transitional or saving purposes in an order under that
section.
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Criminal Justice and Immigration Bill
Part 12 — General
84

(6)
The amendments that may be made by virtue of subsection (4)(b) are in
addition to those made by or which may be made under any other provision of
this Act.
(7)
In this section “subordinate legislation” has the same meaning as in the
Interpretation Act 1978 (c. 30).
5
125
Repeals and revocations
Schedule 23 contains repeals and revocations, including repeals of spent
enactments.
126
Financial provisions
There is to be paid out of money provided by Parliament—
10
(a)
any expenditure incurred by virtue of this Act by a Minister of the Crown; and
(b)
any increase attributable to this Act in the sums payable under any other Act
out of money so provided.
127
Extent
(1)
Subject as follows, this Act extends to England and Wales only.
15
(2)
The following provisions of this Act extend to England and Wales, Scotland
and Northern Ireland—
(a)
Part 4 so far as relating to—
(i)
complaints about matters mentioned in paragraphs 6 and 7 of
Schedule 7;
20
(ii)
requests under section 37 which are made by virtue of
subsection (3) of that section and specify matters relating to
events which have (or may have) occurred as mentioned in
paragraph (g) or (h) of that subsection; or
(iii)
requests under section 37 which are made by virtue of
25
subsection (4) of that section and specify matters which the
Secretary of State considers are (or may be) linked to such
events;
(b)
Part 11;
(c)
this Part (subject to subsection (5)).
30
(3)
The following provisions of this Act extend to England and Wales and
Northern Ireland—
(a)
section 3 and Schedule 3;
(b)
section 23(3) and (6)(d) and paragraph 7 of Schedule 5;
(c)
Part 4 so far as relating to deaths falling within paragraphs 4 to 6 of
35
Schedule 8;
(d)
sections 62 to 67;
(e)
paragraph 7(4) of Schedule 21.
(4)
The following provisions of this Act extend to Northern Ireland only—
(a)
section 69;
40
(b)
section 107 and Schedule 18.

Criminal Justice and Immigration Bill
Part 12 — General
85

(5)
Except as otherwise provided by this Act, an amendment or repeal of any
enactment by any provision of this Act extends to the part or parts of the
United Kingdom to which the enactment extends.
128
Commencement
(1)
The following provisions of this Act come into force on the day on which this
5
Act is passed—
(a)
section 56, Schedule 13, paragraph 17 of Schedule 21 and the repeals in
Part 3 of Schedule 23 relating to—
(i)
paragraphs 13 and 22 of Schedule 3 to the Criminal Justice Act
2003 (c. 44), and
10
(ii)
Part 4 of Schedule 37 to that Act;
(b)
section 113;
(c)
section 123;
(d)
section 124(3) to (7);
(e)
sections 126 and 127;
15
(f)
this section;
(g)
section 129.
(2)
The following provisions of this Act come into force at the end of the period of
2 months beginning with the day on which it is passed—
(a)
section 63 and the related repeal in Part 3 of Schedule 23;
20
(b)
section 68 and paragraph 5 of Schedule 21;
(c)
section 69 and paragraph 6 of Schedule 21.
(3)
The following provisions come into force on such day as the Lord Chancellor
may by order appoint—
(a)
section 12;
25
(b)
section 25;
(c)
sections 59 to 61;
(d)
sections 76 to 81 and Schedule 16.
(4)
Section 107 and Schedule 18 come into force on such day as the Department of
Health, Social Services and Public Safety may by order appoint.
30
(5)
The other provisions of this Act come into force on such day as the Secretary of
State may by order appoint.
(6)
An order under any of subsections (3) to (5) may—
(a)
appoint different days for different purposes and in relation to different
areas;
35
(b)
make such provision as the person making the order considers
necessary or expedient for transitory, transitional or saving purposes in
connection with the coming into force of any provision falling within
that subsection.
129
Short title
40
This Act may be cited as the Criminal Justice and Immigration Act 2008.

86
Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 1 — Provisions to be included in youth rehabilitation orders

Schedules
Schedule 1
Section 1

Further provisions about youth rehabilitation orders
Part 1
Provisions to be included in youth rehabilitation orders
5
Imposition of requirements
1
Subsection (1) of section 1 has effect subject to the following provisions of
Part 2 of this Schedule which relate to particular requirements—
(a)
paragraph 8(3) and (4) (activity requirement),
(b)
paragraph 10(3) (unpaid work requirement),
10
(c)
paragraph 11(3) and (4) (programme requirement),
(d)
paragraph 12(3) (attendance centre requirement),
(e)
paragraph 13(2) (prohibited activity requirement),
(f)
paragraph 16(2), (4) and (7) (residence requirement),
(g)
paragraphs 17(3) and (4) and 19 (local authority residence
15
requirement),
(h)
paragraph 20(3) (mental health treatment requirement),
(i)
paragraph 22(2) and (4) (drug treatment requirement),
(j)
paragraph 23(3) (drug testing requirement), and
(k)
paragraph 24(4) (education requirement).
20
Electronic monitoring requirement
2     (1)
Sub-paragraph (2) applies to a youth rehabilitation order which—
(a)
imposes a curfew requirement (whether by virtue of paragraph
3(4)(b) or otherwise), or
(b)
imposes an exclusion requirement.
25
      (2)
The order must also impose an electronic monitoring requirement unless—
(a)
in the particular circumstances of the case, the court considers it
inappropriate for the order to do so, or
(b)
the court is prevented by paragraph 25(3) or (6) from including such
a requirement in the order.
30
      (3)
Subsection (2)(a) of section 1 has effect subject to paragraph 25(3) and (6).
Youth rehabilitation order with intensive supervision and surveillance
3     (1)
This paragraph applies where paragraphs (a) to (c) of section 1(4) are
satisfied.

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 1 — Provisions to be included in youth rehabilitation orders
87

      (2)
The court, if it makes a youth rehabilitation order which imposes an activity
requirement, may specify in relation to that requirement a number of days
which is more than 90 but not more than 180.
      (3)
Such an activity requirement is referred to in this Part of this Act as “an
extended activity requirement”.
5
      (4)
A youth rehabilitation order which imposes an extended activity
requirement must also impose—
(a)
a supervision requirement, and
(b)
a curfew requirement (and, accordingly, if so required by paragraph
2, an electronic monitoring requirement).
10
      (5)
A youth rehabilitation order which imposes an extended activity
requirement (and other requirements in accordance with sub-paragraph (4))
is referred to in this Part of this Act as “a youth rehabilitation order with
intensive supervision and surveillance” (whether or not it also imposes any
other requirement mentioned in section 1(1)).
15
Youth rehabilitation order with fostering
4     (1)
This paragraph applies where paragraphs (a) to (c) of section 1(4) are
satisfied.
      (2)
If the court is satisfied—
(a)
that the behaviour which constituted the offence was due to a
20
significant extent to the circumstances in which the offender was
living, and
(b)
that the imposition of a fostering requirement (see paragraph 18)
would assist in the offender’s rehabilitation,

it may make a youth rehabilitation order in accordance with section 1 which
25
imposes a fostering requirement.
      (3)
But a court may not impose a fostering requirement unless—
(a)
it has consulted the offender’s parents or guardians (unless it is
impracticable to do so), and
(b)
it has consulted the local authority which is to place the offender
30
with a local authority foster parent.
      (4)
A youth rehabilitation order which imposes a fostering requirement must
also impose a supervision requirement.
      (5)
This paragraph has effect subject to paragraphs 18(7) and 19 (pre-conditions
to imposing fostering requirement).
35
      (6)
A youth rehabilitation order which imposes a fostering requirement is
referred to in this Part of this Act as “a youth rehabilitation order with
fostering” (whatever other requirements mentioned in section 1(1) or (2) it
imposes).
Intensive supervision and surveillance and fostering: further provisions
40
5     (1)
A youth rehabilitation order with intensive supervision and surveillance
may not impose a fostering requirement.
      (2)
Nothing in—
(a)
section 1(4)(b), or

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
88

(b)
section 148(1) or (2)(b) of the Criminal Justice Act 2003 (c. 44)
(restrictions on imposing community sentences),

prevents a court from making a youth rehabilitation order with intensive
supervision and surveillance in respect of an offender if the offender fails to
comply with an order under section 161(2) of the Criminal Justice Act 2003
5
(pre-sentence drug testing).
Part 2
Requirements
Activity requirement
6     (1)
In this Part of this Act “activity requirement”, in relation to a youth
10
rehabilitation order, means a requirement that the offender must do any or
all of the following—
(a)
participate, on such number of days as may be specified in the order,
in activities at a place, or places, so specified;
(b)
participate in an activity, or activities, specified in the order on such
15
number of days as may be so specified;
(c)
participate in one or more residential exercises for a continuous
period or periods comprising such number or numbers of days as
may be specified in the order;
(d)
in accordance with paragraph 7, engage in activities in accordance
20
with instructions of the responsible officer on such number of days
as may be specified in the order.
      (2)
Subject to paragraph 3(2), the number of days specified in the order under
sub-paragraph (1) must not, in aggregate, be more than 90.
      (3)
A requirement such as is mentioned in sub-paragraph (1)(a) or (b) operates
25
to require the offender, in accordance with instructions given by the
responsible officer, on the number of days specified in the order in relation
to the requirement—
(a)
in the case of a requirement such as is mentioned in sub-paragraph
(1)(a), to present himself or herself at a place specified in the order to
30
a person of a description so specified, or
(b)
in the case of a requirement such as is mentioned in sub-paragraph
(1)(b), to participate in an activity specified in the order,

and, on each such day, to comply with instructions given by, or under the
authority of, the person in charge of the place or the activity (as the case may
35
be).
      (4)
Where the order requires the offender to participate in a residential exercise,
it must specify, in relation to the exercise—
(a)
a place, or
(b)
an activity.
40
      (5)
A requirement to participate in a residential exercise operates to require the
offender, in accordance with instructions given by the responsible officer—
(a)
if a place is specified under sub-paragraph (4)(a)—
(i)
to present himself or herself at the beginning of the period
specified in the order in relation to the exercise, at the place
45

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
89

so specified to a person of a description specified in the
instructions, and
(ii)
to reside there for that period,
(b)
if an activity is specified under sub-paragraph (4)(b), to participate,
for the period specified in the order in relation to the exercise, in the
5
activity so specified,

and, during that period, to comply with instructions given by, or under the
authority of, the person in charge of the place or the activity (as the case may
be).
Activity requirement: instructions of responsible officer under paragraph 6(1)(d)
10
7     (1)
Subject to sub-paragraph (3), instructions under paragraph 6(1)(d) relating
to any day must require the offender to do either of the following—
(a)
present himself or herself to a person or persons of a description
specified in the instructions at a place so specified;
(b)
participate in an activity specified in the instructions.
15
      (2)
Any such instructions operate to require the offender, on that day or while
participating in that activity, to comply with instructions given by, or under
the authority of, the person in charge of the place or, as the case may be, the
activity.
      (3)
If the order so provides, instructions under paragraph 6(1)(d) may require
20
the offender to participate in a residential exercise for a period comprising
not more than 7 days, and, for that purpose—
(a)
to present himself or herself at the beginning of that period to a
person of a description specified in the instructions at a place so
specified and to reside there for that period, or
25
(b)
to participate for that period in an activity specified in the
instructions.
      (4)
Instructions such as are mentioned in sub-paragraph (3)—
(a)
may not be given except with the consent of a parent or guardian of
the offender, and
30
(b)
operate to require the offender, during the period specified under
that sub-paragraph, to comply with instructions given by, or under
the authority of, the person in charge of the place or activity specified
under sub-paragraph (3)(a) or (b) (as the case may be).
Activity requirement: further provisions
35
8     (1)
Instructions given by, or under the authority of, a person in charge of any
place under any of the following provisions—
(a)
paragraph 6(3),
(b)
paragraph 6(5),
(c)
paragraph 7(2), or
40
(d)
paragraph 7(4)(b),

may require the offender to engage in activities otherwise than at that place.
      (2)
An activity specified—
(a)
in an order under paragraph 6(1)(b), or
(b)
in instructions given under paragraph 6(1)(d),
45