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 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
90


may consist of or include an activity whose purpose is that of reparation,
such as an activity involving contact between an offender and persons
affected by the offences in respect of which the order was made.
      (3)
A court may not include an activity requirement in a youth rehabilitation
order unless—
5
(a)
it has consulted a member of a youth offending team or an officer of
a local probation board,
(b)
it is satisfied that it is feasible to secure compliance with the
requirement, and
(c)
it is satisfied that provision for the offender to participate in the
10
activities proposed to be specified in the order can be made under the
arrangements for persons to participate in such activities which exist
in the local justice area in which the offender resides or is to reside.
      (4)
A court may not include an activity requirement in a youth rehabilitation
order if compliance with that requirement would involve the co-operation
15
of a person other than the offender and the responsible officer, unless that
other person consents to its inclusion.
Supervision requirement
9
In this Part of this Act “supervision requirement”, in relation to a youth
rehabilitation order, means a requirement that, during the period for which
20
the order remains in force, the offender must attend appointments with the
responsible officer or another person determined by the responsible officer,
at such times and places as may be determined by the responsible officer.
Unpaid work requirement
10    (1)
In this Part of this Act “unpaid work requirement”, in relation to a youth
25
rehabilitation order, means a requirement that the offender must perform
unpaid work in accordance with this paragraph.
      (2)
The number of hours which a person may be required to work under an
unpaid work requirement must be specified in the youth rehabilitation
order and must be, in aggregate—
30
(a)
not less than 40, and
(b)
not more than 240.
      (3)
A court may not impose an unpaid work requirement in respect of an
offender unless—
(a)
after hearing (if the court thinks necessary) an appropriate officer,
35
the court is satisfied that the offender is a suitable person to perform
work under such a requirement, and
(b)
the court is satisfied that provision for the offender to work under
such a requirement can be made under the arrangements for persons
to perform work under such a requirement which exist in the local
40
justice area in which the offender resides or is to reside.
      (4)
In sub-paragraph (3)(a) “an appropriate officer” means a member of a youth
offending team or an officer of a local probation board.
      (5)
An offender in respect of whom an unpaid work requirement of a youth
rehabilitation order is in force must perform for the number of hours
45

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
91

specified in the order such work at such times as the responsible officer may
specify in instructions.
      (6)
Subject to paragraph 17 of Schedule 2, the work required to be performed
under an unpaid work requirement of a youth rehabilitation order must be
performed during the period of 12 months beginning with the day on which
5
the order takes effect.
      (7)
Unless revoked, a youth rehabilitation order imposing an unpaid work
requirement remains in force until the offender has worked under it for the
number of hours specified in it.
Programme requirement
10
11    (1)
In this Part of this Act “programme requirement”, in relation to a youth
rehabilitation order, means a requirement that the offender must participate
in a systematic set of activities (“a programme”) specified in the order at a
place or places so specified on such number of days as may be so specified.
      (2)
A programme requirement may require the offender to reside at any place
15
specified in the order under sub-paragraph (1) for any period so specified if
it is necessary for the offender to reside there for that period in order to
participate in the programme.
      (3)
A court may not include a programme requirement in a youth rehabilitation
order unless—
20
(a)
the programme which the court proposes to specify in the order has
been recommended to the court by—
(i)
a member of a youth offending team, or
(ii)
an officer of a local probation board,

as being suitable for the offender, and
25
(b)
the court is satisfied that the programme is available at the place or
places proposed to be specified.
      (4)
A court may not include a programme requirement in a youth rehabilitation
order if compliance with that requirement would involve the co-operation
of a person other than the offender and the offender’s responsible officer,
30
unless that other person consents to its inclusion.
      (5)
A requirement to participate in a programme operates to require the
offender—
(a)
in accordance with instructions given by the responsible officer to
participate in the programme at the place or places specified in the
35
order on the number of days so specified, and
(b)
while at any of those places, to comply with instructions given by, or
under the authority of, the person in charge of the programme.
Attendance centre requirement
12    (1)
In this Part of this Act “attendance centre requirement”, in relation to a youth
40
rehabilitation order, means a requirement that the offender must attend at
an attendance centre specified in the order for such number of hours as may
be so specified.
      (2)
The aggregate number of hours for which the offender may be required to
attend at an attendance centre—
45

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
92

(a)
if the offender is aged 16 or over at the time of conviction, must be—
(i)
not less than 12, and
(ii)
not more than 36;
(b)
if the offender is aged 14 or over but under 16 at the time of
conviction, must be—
5
(i)
not less than 12, and
(ii)
not more than 24;
(c)
if the offender is aged under 14 at the time of conviction, must not be
more than 12.
      (3)
A court may not include an attendance centre requirement in a youth
10
rehabilitation order unless it—
(a)
has been notified by the Secretary of State that—
(i)
an attendance centre is available for persons of the offender’s
description, and
(ii)
provision can be made at the centre for the offender, and
15
(b)
is satisfied that the attendance centre proposed to be specified is
reasonably accessible to the offender, having regard to the means of
access available to the offender and any other circumstances.
      (4)
The first time at which the offender is required to attend at the attendance
centre is a time notified to the offender by the responsible officer.
20
      (5)
The subsequent hours are to be fixed by the officer in charge of the centre—
(a)
in accordance with arrangements made by the responsible officer,
and
(b)
having regard to the offender’s circumstances.
      (6)
An offender may not be required under this paragraph to attend at an
25
attendance centre—
(a)
on more than one occasion on any day, or
(b)
for more than three hours on any occasion.
      (7)
A requirement to attend at an attendance centre for any period on any
occasion operates as a requirement—
30
(a)
to attend at the centre at the beginning of the period, and
(b)
during that period, to engage in occupation, or receive instruction,
under the supervision 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.
35
Prohibited activity requirement
13    (1)
In this Part of this Act “prohibited activity requirement”, in relation to a
youth rehabilitation order, means a requirement that the offender must
refrain from participating in activities specified in the order—
(a)
on a day or days so specified, or
40
(b)
during a period so specified.
      (2)
A court may not include a prohibited activity requirement in a youth
rehabilitation order unless it has consulted—
(a)
a member of a youth offending team, or
(b)
an officer of a local probation board.
45

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
93

      (3)
The requirements that may by virtue of this paragraph be included in a
youth rehabilitation order include a requirement that the offender does not
possess, use or carry a firearm within the meaning of the Firearms Act 1968
(c. 27).
Curfew requirement
5
14    (1)
In this Part of this Act “curfew requirement”, in relation to a youth
rehabilitation order, means a requirement that the offender must remain, for
periods specified in the order, at a place so specified.
      (2)
A youth rehabilitation order imposing a curfew requirement may specify
different places or different periods for different days, but may not specify
10
periods which amount to less than 2 hours or more than 12 hours in any day.
      (3)
A youth rehabilitation order imposing a curfew requirement may not
specify periods which fall outside the period of 6 months beginning with the
day on which the requirement first takes effect.
      (4)
Before making a youth rehabilitation order imposing a curfew requirement,
15
the court must obtain and consider information about the place proposed to
be specified in the order (including information as to the attitude of persons
likely to be affected by the enforced presence there of the offender).
Exclusion requirement
15    (1)
In this Part of this Act “exclusion requirement”, in relation to a youth
20
rehabilitation order, means a provision prohibiting the offender from
entering a place specified in the order for a period so specified.
      (2)
The period specified must not be more than 3 months.
      (3)
An exclusion requirement—
(a)
may provide for the prohibition to operate only during the periods
25
specified in the order, and
(b)
may specify different places for different periods or days.
      (4)
In this paragraph “place” includes an area.
Residence requirement
16    (1)
In this Part of this Act, “residence requirement”, in relation to a youth
30
rehabilitation order, means a requirement that, during the period specified
in the order, the offender must reside—
(a)
with an individual specified in the order, or
(b)
at a place specified in the order.
      (2)
A court may not by virtue of sub-paragraph (1)(a) include in a youth
35
rehabilitation order a requirement that the offender reside with an
individual unless that individual has consented to the requirement.
      (3)
In this paragraph, a residence requirement falling within sub-paragraph
(1)(b) is referred to as “a place of residence requirement”.
      (4)
A court may not include a place of residence requirement in a youth
40
rehabilitation order unless the offender was aged 16 or over at the time of
conviction.

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
94

      (5)
If the order so provides, a place of residence requirement does not prohibit
the offender from residing, with the prior approval of the responsible officer,
at a place other than that specified in the order.
      (6)
Before making a youth rehabilitation order containing a place of residence
requirement, the court must consider the home surroundings of the
5
offender.
      (7)
A court may not specify a hostel or other institution as the place where an
offender must reside for the purposes of a place of residence requirement
except on the recommendation of—
(a)
a member of a youth offending team,
10
(b)
an officer of a local probation board, or
(c)
a social worker of a local authority.
Local authority residence requirement
17    (1)
In this Part of this Act, “local authority residence requirement”, in relation to
a youth rehabilitation order, means a requirement that, during the period
15
specified in the order, the offender must reside in accommodation provided
by or on behalf of a local authority specified in the order for the purposes of
the requirement.
      (2)
A youth rehabilitation order which imposes a local authority residence
requirement may also stipulate that the offender is not to reside with a
20
person specified in the order.
      (3)
A court may not include a local authority residence requirement in a youth
rehabilitation order made in respect of an offence unless it is satisfied—
(a)
that the behaviour which constituted the offence was due to a
significant extent to the circumstances in which the offender was
25
living, and
(b)
that the imposition of that requirement will assist in the offender’s
rehabilitation.
      (4)
A court may not include a local authority residence requirement in a youth
rehabilitation order unless it has consulted—
30
(a)
a parent or guardian of the offender (unless it is impracticable to
consult such a person), and
(b)
the local authority which is to receive the offender.
      (5)
A youth rehabilitation order which imposes a local authority residence
requirement must specify, as the local authority which is to receive the
35
offender, the local authority in whose area the offender resides or is to
reside.
      (6)
Any period specified in a youth rehabilitation order as a period for which
the offender must reside in accommodation provided by or on behalf of a
local authority must—
40
(a)
not be longer than 6 months, and
(b)
not include any period after the offender has reached the age of 18.

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
95

Fostering requirement
18    (1)
In this Part of this Act “fostering requirement”, in relation to a youth
rehabilitation order, means a requirement that, for a period specified in the
order, the offender must reside with a local authority foster parent.
      (2)
A period specified in a youth rehabilitation order as a period for which the
5
offender must reside with a local authority foster parent must—
(a)
end no later than the end of the period of 12 months beginning with
the date on which the requirement first has effect (but subject to
paragraphs 6(9), 8(9) and 16(2) of Schedule 2), and
(b)
not include any period after the offender has reached the age of 18.
10
      (3)
A youth rehabilitation order which imposes a fostering requirement must
specify the local authority which is to place the offender with a local
authority foster parent under section 23(2)(a) of the Children Act 1989 (c. 41).
      (4)
The authority so specified must be the local authority in whose area the
offender resides or is to reside.
15
      (5)
If at any time during the period specified under sub-paragraph (1), the
responsible officer notifies the offender—
(a)
that no suitable local authority foster parent is available, and
(b)
that the responsible officer has applied or proposes to apply under
Part 3 or 4 of Schedule 2 for the revocation or amendment of the
20
order,

the fostering requirement is, until the determination of the application, to be
taken to require the offender to reside in accommodation provided by or on
behalf of a local authority.
      (6)
This paragraph does not affect the power of a local authority to place with a
25
local authority foster parent an offender in respect of whom a local authority
residence requirement is imposed.
      (7)
A court may not include a fostering requirement in a youth rehabilitation
order unless the court has been notified by the Secretary of State that
arrangements for implementing such a requirement are available in the area
30
of the local authority which is to place the offender with a local authority
foster parent.
      (8)
In this paragraph, “local authority foster parent” has the same meaning as it
has in the Children Act 1989.
Pre-conditions to imposing local authority residence requirement or fostering requirement
35
19    (1)
A court may not include a local authority residence requirement or a
fostering requirement in a youth rehabilitation order in respect of an
offender unless—
(a)
the offender was legally represented at the relevant time in court, or
(b)
either of the conditions in sub-paragraph (2) is satisfied.
40
      (2)
Those conditions are—
(a)
that the offender was granted a right to representation funded by the
Legal Services Commission as part of the Criminal Defence Service
for the purposes of the proceedings but the right was withdrawn
because of the offender’s conduct, or
45

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
96

(b)
that the offender has been informed of the right to apply for such
representation for the purposes of the proceedings and has had the
opportunity to do so, but nevertheless refused or failed to apply.
      (3)
In this paragraph—
“the proceedings” means—
5
(a)
the whole proceedings, or
(b)
the part of the proceedings relating to the imposition of the
local authority residence requirement or the fostering
requirement;
“the relevant time” means the time when the court is considering
10
whether to impose that requirement.
Mental health treatment requirement
20    (1)
In this Part of this Act “mental health treatment requirement”, in relation to
a youth rehabilitation order, means a requirement that the offender must
submit, during a period or periods specified in the order, to treatment by or
15
under the direction of a registered medical practitioner or a chartered
psychologist (or both, for different periods) with a view to the improvement
of the offender’s mental condition.
      (2)
The treatment required during a period specified under sub-paragraph (1)
must be such one of the following kinds of treatment as may be specified in
20
the youth rehabilitation order—
(a)
treatment as a resident patient in an independent hospital or care
home within the meaning of the Care Standards Act 2000 (c. 14) or a
hospital within the meaning of the Mental Health Act 1983 (c. 20),
but not in hospital premises where high security psychiatric services
25
within the meaning of that Act are provided;
(b)
treatment as a non-resident patient at such institution or place as
may be specified in the order;
(c)
treatment by or under the direction of such registered medical
practitioner or chartered psychologist (or both) as may be so
30
specified;

but the order must not otherwise specify the nature of the treatment.
      (3)
A court may not include a mental health treatment requirement in a youth
rehabilitation order unless—
(a)
the court is satisfied, on the evidence of a registered medical
35
practitioner approved for the purposes of section 12 of the Mental
Health Act 1983, that the mental condition of the offender—
(i)
is such as requires and may be susceptible to treatment, but
(ii)
is not such as to warrant the making of a hospital order or
guardianship order within the meaning of that Act,
40
(b)
the court is also satisfied that arrangements have been or can be
made for the treatment intended to be specified in the order
(including, where the offender is to be required to submit to
treatment as a resident patient, arrangements for the reception of the
offender), and
45
(c)
the offender has expressed willingness to comply with the
requirement.