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Criminal Justice and Immigration Bill


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

97

 

      (4)  

While the offender is under treatment as a resident patient in pursuance of

a mental health treatment requirement of a youth rehabilitation order, the

responsible officer is to carry out the supervision of the offender to such

extent only as may be necessary for the purpose of the revocation or

amendment of the order.

5

      (5)  

Subsections (2) and (3) of section 54 of the Mental Health Act 1983 (c. 20)

have effect with respect to proof of an offender’s mental condition for the

purposes of sub-paragraph (3)(a) as they have effect with respect to proof of

an offender’s mental condition for the purposes of section 37(2)(a) of that

Act.

10

      (6)  

In this paragraph and paragraph 21, “chartered psychologist” means a

person for the time being listed in the British Psychological Society’s

Register of Chartered Psychologists.

Mental health treatment at place other than that specified in order

21    (1)  

Where the registered medical practitioner or chartered psychologist by

15

whom or under whose direction an offender is being treated in pursuance of

a mental health treatment requirement is of the opinion that part of the

treatment can be better or more conveniently given in or at an institution or

place which—

(a)   

is not specified in the youth rehabilitation order, and

20

(b)   

is one in or at which the treatment of the offender will be given by or

under the direction of a registered medical practitioner or chartered

psychologist,

           

the medical practitioner or psychologist may make arrangements for the

offender to be treated accordingly.

25

      (2)  

Such arrangements as are mentioned in sub-paragraph (1) may only be

made if the offender has expressed willingness for the treatment to be given

as mentioned in that sub-paragraph.

      (3)  

Such arrangements as are mentioned in sub-paragraph (1) may provide for

part of the treatment to be provided to the offender as a resident patient in

30

an institution or place notwithstanding that the institution or place is not one

which could have been specified for that purpose in the youth rehabilitation

order.

      (4)  

Where any such arrangements as are mentioned in sub-paragraph (1) are

made for the treatment of an offender—

35

(a)   

the registered medical practitioner or chartered psychologist by

whom the arrangements are made must give notice in writing to the

offender’s responsible officer, specifying the institution or place in or

at which the treatment is to be carried out, and

(b)   

the treatment provided for by the arrangements is deemed to be

40

treatment to which the offender is required to submit in pursuance

of the youth rehabilitation order.

Drug treatment requirement

22    (1)  

In this Part of this Act, “drug treatment requirement”, in relation to a youth

rehabilitation order, means a requirement that the offender must submit,

45

during a period or periods specified in the order, to treatment, by or under

the direction of a person so specified having the necessary qualifications

 

 

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

98

 

(“the treatment provider”), with a view to the reduction or elimination of the

offender’s dependency on or propensity to misuse drugs.

      (2)  

A court may not include a drug treatment requirement in a youth

rehabilitation order unless it is satisfied—

(a)   

that the offender is dependent on, or has a propensity to misuse,

5

drugs, and

(b)   

that the offender’s dependency or propensity is such as requires and

may be susceptible to treatment.

      (3)  

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

10

the youth rehabilitation order—

(a)   

treatment as a resident in such institution or place as may be

specified in the order, or

(b)   

treatment as a non-resident at such institution or place, and at such

intervals, as may be so specified,

15

           

but the order must not otherwise specify the nature of the treatment.

      (4)  

A court may not include a drug treatment requirement in a youth

rehabilitation order unless—

(a)   

the court has been notified by the Secretary of State that

arrangements for implementing drug treatment requirements are in

20

force in the local justice area in which the offender resides or is to

reside,

(b)   

the court is 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,

25

arrangements for the reception of the offender),

(c)   

the requirement has been recommended to the court as suitable for

the offender by a member of a youth offending team or by an officer

of a local probation board, and

(d)   

the offender has expressed willingness to comply with the

30

requirement.

      (5)  

In this paragraph “drug” means a controlled drug as defined by section 2 of

the Misuse of Drugs Act 1971 (c. 38).

Drug testing requirement

23    (1)  

In this Part of this Act, “drug testing requirement”, in relation to a youth

35

rehabilitation order, means a requirement that, for the purpose of

ascertaining whether there is any drug in the offender’s body during any

treatment period, the offender must, during that period, provide samples in

accordance with instructions given by the responsible officer or the

treatment provider.

40

      (2)  

In sub-paragraph (1)—

“drug” has the same meaning as in paragraph 22,

“treatment period” means a period specified in the youth rehabilitation

order as a period during which the offender must submit to

treatment as mentioned in sub-paragraph (1) of that paragraph, and

45

“the treatment provider” has the meaning given by that sub-paragraph.

 

 

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

99

 

      (3)  

A court may not include a drug testing requirement in a youth rehabilitation

order unless—

(a)   

the court has been notified by the Secretary of State that

arrangements for implementing drug testing requirements are in

force in the local justice area in which the offender resides or is to

5

reside,

(b)   

the order also imposes a drug treatment requirement, and

(c)   

the offender has expressed willingness to comply with the

requirement.

      (4)  

A youth rehabilitation order which imposes a drug testing requirement—

10

(a)   

must specify for each month the minimum number of occasions on

which samples are to be provided, and

(b)   

may specify—

(i)   

times at which and circumstances in which the responsible

officer or treatment provider may require samples to be

15

provided, and

(ii)   

descriptions of the samples which may be so required.

      (5)  

A youth rehabilitation order which imposes a drug testing requirement

must provide for the results of tests carried out otherwise than by the

responsible officer on samples provided by the offender in pursuance of the

20

requirement to be communicated to the responsible officer.

Education requirement

24    (1)  

In this Part of this Act “education requirement”, in relation to a youth

rehabilitation order, means a requirement that the offender must comply,

during a period or periods specified in the order, with approved education

25

arrangements.

      (2)  

For this purpose, “approved education arrangements” means arrangements

for the offender’s education—

(a)   

made for the time being by the offender’s parent or guardian, and

(b)   

approved by the local education authority specified in the order.

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      (3)  

The local education authority so specified must be the local education

authority for the area in which the offender resides or is to reside.

      (4)  

A court may not include an education requirement in a youth rehabilitation

order unless—

(a)   

it has consulted the local education authority proposed to be

35

specified in the order with regard to the proposal to include the

requirement, and

(b)   

it is satisfied—

(i)   

that, in the view of that local education authority,

arrangements exist for the offender to receive efficient full-

40

time education suitable to the offender’s age, ability, aptitude

and special educational needs (if any), and

(ii)   

that, having regard to the circumstances of the case, the

inclusion of the education requirement is necessary for

securing the good conduct of the offender or for preventing

45

the commission of further offences.

 

 

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

100

 

      (5)  

Any period specified in a youth rehabilitation order as a period during

which an offender must comply with approved education arrangements

must not include any period after the offender has ceased to be of

compulsory school age.

      (6)  

In this paragraph, “local education authority” and “parent” have the same

5

meanings as in the Education Act 1996 (c. 56).

Electronic monitoring requirement

25    (1)  

In this Part of this Act “electronic monitoring requirement”, in relation to a

youth rehabilitation order, means a requirement for securing the electronic

monitoring of the offender’s compliance with other requirements imposed

10

by the order during a period specified in the order or determined by the

responsible officer in accordance with the order.

      (2)  

Where an electronic monitoring requirement is required to take effect

during a period determined by the responsible officer in accordance with the

youth rehabilitation order, the responsible officer must, before the

15

beginning of that period, notify—

(a)   

the offender,

(b)   

the person responsible for the monitoring, and

(c)   

any person falling within sub-paragraph (3)(b),

           

of the time when the period is to begin.

20

      (3)  

Where—

(a)   

it is proposed to include an electronic monitoring requirement in a

youth rehabilitation order, but

(b)   

there is a person (other than the offender) without whose co-

operation it will not be practicable to secure that the monitoring

25

takes place,

           

the requirement may not be included in the order without that person’s

consent.

      (4)  

A youth rehabilitation order which imposes an electronic monitoring

requirement must include provision for making a person responsible for the

30

monitoring.

      (5)  

The person who is made responsible for the monitoring must be of a

description specified in an order made by the Secretary of State.

      (6)  

A court may not include an electronic monitoring requirement in a youth

rehabilitation order unless the court—

35

(a)   

has been notified by the Secretary of State that arrangements for

electronic monitoring of offenders are available—

(i)   

in the local justice area proposed to be specified in the order,

and

(ii)   

for each requirement mentioned in the first column of the

40

Table in sub-paragraph (7) which the court proposes to

include in the order, in the area in which the relevant place is

situated, and

(b)   

is satisfied that the necessary provision can be made under the

arrangements currently available.

45

      (7)  

For the purposes of sub-paragraph (6), “relevant place”, in relation to a

requirement mentioned in the first column of the following Table which the

 

 

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 3 — Provisions applying where court proposes to make youth rehabilitation order

101

 

court proposes to include in the order, means the place mentioned in

relation to it in the second column of the Table.

 

Proposed requirement of youth

Relevant place

 
 

rehabilitation order

  
 

Curfew requirement.

The place which the court

 

5

  

proposes to specify in the

 
  

order for the purposes of that

 
  

requirement.

 
 

Exclusion requirement.

The place (within the

 
  

meaning of paragraph 15)

 

10

  

which the court proposes to

 
  

specify in the order.

 
 

Attendance centre

The attendance centre which

 
 

requirement.

the court proposes to specify

 
  

in the order.

 

15

Power to amend limits

26    (1)  

The Secretary of State may by order amend—

(a)   

paragraph 10(2) (unpaid work requirement), or

(b)   

paragraph 14(2) (curfew requirement),

           

by substituting, for the maximum number of hours for the time being

20

specified in that provision, such other number of hours as may be specified

in the order.

      (2)  

The Secretary of State may by order amend any of the provisions mentioned

in sub-paragraph (3) by substituting, for any period for the time being

specified in the provision, such other period as may be specified in the order.

25

      (3)  

Those provisions are—

(a)   

paragraph 14(3) (curfew requirement);

(b)   

paragraph 15(2) (exclusion requirement);

(c)   

paragraph 17(6) (local authority residence requirement);

(d)   

paragraph 18(2) (fostering requirement).

30

      (4)  

An order under this paragraph which amends paragraph 18(2) may also

make consequential amendments of paragraphs 6(9), 8(9) and 16(2) of

Schedule 2.

Part 3

Provisions applying where court proposes to make youth rehabilitation order

35

Family circumstances

27         

Before making a youth rehabilitation order, the court must obtain and

consider information about the offender’s family circumstances and the

likely effect of such an order on those circumstances.

 

 

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 3 — Provisions applying where court proposes to make youth rehabilitation order

102

 

Compatibility of requirements, requirement to avoid conflict with religious beliefs, etc.

28    (1)  

Before making—

(a)   

a youth rehabilitation order imposing two or more requirements, or

(b)   

two or more youth rehabilitation orders in respect of associated

offences,

5

           

the court must consider whether, in the circumstances of the case, the

requirements to be imposed by the order or orders are compatible with each

other.

      (2)  

Sub-paragraph (1) is subject to paragraphs 2, 3(4) and 4(4).

      (3)  

The court must ensure, as far as practicable, that any requirement imposed

10

by a youth rehabilitation order is such as to avoid—

(a)   

any conflict with the offender’s religious beliefs,

(b)   

any interference with the times, if any, at which the offender

normally works or attends school or any other educational

establishment, and

15

(c)   

any conflict with the requirements of any other youth rehabilitation

order to which the offender may be subject.

      (4)  

The Secretary of State may by order provide that sub-paragraph (3) is to

have effect with such additional restrictions as may be specified in the order.

Date of taking effect and other existing orders

20

29    (1)  

Subject to sub-paragraph (2), a youth rehabilitation order takes effect on the

day after the day on which the order is made.

      (2)  

If a detention and training order is in force in respect of an offender, a court

making a youth rehabilitation order in respect of the offender may order that

it is to take effect instead—

25

(a)   

when the period of supervision begins in relation to the detention

and training order in accordance with section 103(1)(a) of the Powers

of Criminal Courts (Sentencing) Act 2000 (c. 6), or

(b)   

on the expiry of the term of the detention and training order.

      (3)  

A court must not make a youth rehabilitation order in respect of an offender

30

at a time when—

(a)   

another youth rehabilitation order, or

(b)   

a reparation order made under section 73(1) of the Powers of

Criminal Courts (Sentencing) Act 2000,

           

is in force in respect of the offender, unless when it makes the order it

35

revokes the earlier order.

      (4)  

Where the earlier order is revoked under sub-paragraph (3), paragraph 24 of

Schedule 2 (provision of copies of orders) applies to the revocation as it

applies to the revocation of a youth rehabilitation order.

Concurrent and consecutive orders

40

30    (1)  

This paragraph applies where the court is dealing with an offender who has

been convicted of two or more associated offences.

      (2)  

If, in respect of one of the offences, the court makes an order of any of the

following kinds—

 

 

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 4 — Provisions applying where court makes youth rehabilitation order etc.

103

 

(a)   

a youth rehabilitation order with intensive supervision and

surveillance,

(b)   

a youth rehabilitation order with fostering,

(c)   

any other youth rehabilitation order,

           

it may not make an order of any other of those kinds in respect of the other

5

offence, or any of the other offences.

      (3)  

If the court makes two or more youth rehabilitation orders with intensive

supervision and surveillance, or with fostering, both or all of the orders must

take effect at the same time (in accordance with paragraph 29(1) or (2)).

      (4)  

Where the court includes requirements of the same kind in two or more

10

youth rehabilitation orders, it must direct, in relation to each requirement of

that kind, whether—

(a)   

it is to be concurrent with the other requirement or requirements of

that kind, or any of them, or

(b)   

it and the other requirement or requirements of that kind, or any of

15

them, are to be consecutive.

      (5)  

But the court may not direct that two or more fostering requirements are to

be consecutive.

      (6)  

Where the court directs that two or more requirements of the same kind are

to be consecutive—

20

(a)   

the number of hours, days or months specified in relation to one of

them is additional to the number of hours, days, or months specified

in relation to the other or others, but

(b)   

the aggregate number of hours, days or months specified in relation

to both or all of them must not exceed the maximum number which

25

may be specified in relation to any one of them.

      (7)  

For the purposes of sub-paragraphs (4) and (6), requirements are of the same

kind if they fall within the same paragraph of Part 2 of this Schedule.

Part 4

Provisions applying where court makes youth rehabilitation order etc.

30

Date for compliance with requirements to be specified in order

31    (1)  

A youth rehabilitation order must specify a date, not more than 3 years after

the date on which the order takes effect, by which all the requirements in it

must have been complied with.

      (2)  

A youth rehabilitation order which imposes two or more different

35

requirements falling within Part 2 of this Schedule may also specify an

earlier date or dates in relation to compliance with any one or more of them.

      (3)  

In the case of a youth rehabilitation order with intensive supervision and

surveillance, the date specified for the purposes of sub-paragraph (1) must

not be earlier than 12 months after the date on which the order takes effect.

40

Local justice area to be specified in order

32         

A youth rehabilitation order must specify the local justice area in which the

offender resides or will reside.

 

 

 
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