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| | Sentencing of young offenders |
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| To move the following Clause:— |
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| | ‘(1) | Section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (duty |
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| | and power to refer certain young offenders to youth offender panels) is amended |
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| | (3) | In subsection (6) omit “(2) or”. |
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| | (4) | In consequence of the amendments made by this section, the heading to section |
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| | 16 becomes “Power to refer certain young offenders to youth offender panels”. |
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| | (5) | Section 17 of that Act (the referral conditions) is amended as follows. |
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| | (a) | for “16(2)” substitute “16(3)”, and |
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| | (b) | for “compulsory” substitute “discretionary”. |
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| | (7) | In subsection (1A) after “conditions”, insert “also”. |
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| | (a) | omit “the compulsory referral conditions or”, and |
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| | (b) | for “16(2) or (3) above (as the case may be)” substitute “16(3) above”. |
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| | (9) | In section 19 of that Act (making of referral orders: effect on court’s other |
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| | sentencing powers) omit subsection (7).’. |
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| | Paying for sexual services |
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| To move the following Clause:— |
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| | ‘(1) | A person (A) commits an offence if— |
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| | (a) | he intentionally obtains for himself the sexual services of another person |
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| | (b) | before obtaining those services, he has made or promised payment for |
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| | those services to B or a third person, or knows that another person has |
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| | made or promised such a payment. |
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| | (2) | In this section “payment” means any financial advantage, including the discharge |
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| | of an obligation to pay or the provision of goods or services (including sexual |
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| | services) gratuitously or at a discount. |
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| | (3) | A person guilty of an offence under this section is liable on summary conviction, |
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| | to imprisonment for a term not exceeding 6 months or a fine not exceeding the |
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| | statutory maximum or both.’. |
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| | Intensive supervision and surveillance order |
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| To move the following Clause:— |
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| | ‘(1) | Where a person aged between 12 and 18 is convicted of an offence, the court by |
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| | or before which the person is convicted may in accordance with paragraph 2A of |
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| | Schedule 1 make an intensive supervision and surveillance order. |
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| | (2) | But a court may only make an intensive supervision and surveillance order if— |
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| | (a) | the court is dealing with the offender for an offence which is punishable |
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| | (b) | the court is of the opinion that the offence, or the combination of the |
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| | offence and one or more offences associated with it, was so serious that, |
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| | but for paragraph 2A of Schedule 1, a custodial sentence would be |
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| | (c) | if the offender was aged under 15 at the time of conviction, the court is |
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| | of the opinion that the offender is a persistent offender. |
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| | (3) | Schedule 1 makes further provision about intensive supervision and surveillance |
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| | (4) | This section is subject to— |
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| | (a) | sections 148 and 150 of the Criminal Justice Act 2003 (c. 44) (restrictions |
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| | on community sentences etc.), and |
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| | (b) | the provisions of Parts 1 and 3 of Schedule 1.’. |
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| | Restriction on use of detention and training order |
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| To move the following Clause:— |
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| | ‘(1) | In the Powers of Criminal Courts (Sentencing) Act 2000, after section 100(2)(b), |
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| | “(c) | in relation to an offence committed after the commencement of section |
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| | [Intensive supervision and surveillance order] of the Criminal Justice |
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| | and Immigration Act 2008, unless he has previously received an |
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| | intensive supervision and surveillance order under that section.”.’. |
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| To move the following Clause:— |
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| | ‘(1) | Section 62 of the Powers of Criminal Courts (Sentencing) Act 2000 (attendance |
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| | centre orders) is amended as follows. |
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| | (2) | In subsection (1) after “provide attendance centres” insert “for offenders aged 18 |
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| | and under 21; and through the Youth Justice Board to provide funding for |
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| | attendance centres for offenders aged 10 and under 18”. |
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| | (3) | After subsection (1) insert— |
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| | “(1A) Youth offending teams may provide attendance centres for offenders |
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| | (4) | In subsection (4), after “centres” insert “for offenders aged 18 and under 21”. |
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| | (5) | After subsection (4) insert— |
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| | “(5) For the purpose of providing attendance centres, youth offending teams |
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| | may make arrangements with any authority or organisation for the use of |
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| | Duty of court to inform local authority where a child is at risk of significant harm |
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| To move the following Clause:— |
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| | ‘(1) | Subsection (2) applies where— |
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| | (a) | it appears to a court, in relation to a child or young person, that there is |
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| | reasonable cause to suspect that the child or young person is suffering, or |
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| | is likely to suffer, significant harm, and |
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| | (b) | the court is not satisfied that an investigation is taking place under section |
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| | 47 of the Children Act 1989 by a relevant local authority in relation to |
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| | that child or young person. |
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| | (2) | Where this subsection applies, the court shall forthwith— |
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| | (a) | inform all relevant local authorities that subsection (1) above is satisfied |
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| | in relation to the child or young person, and |
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| | (b) | request all relevant local authorities that an investigation be carried out |
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| | by them under section 47 of the Children Act 1989. |
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| | (3) | In this section, a local authority is a “relevant local authority” if it is a local |
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| | (a) | the court is located, or |
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| | (b) | the child or young person lives.’. |
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| | Principal aim of the youth justice system |
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| To move the following Clause:— |
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| | ‘(1) | Section 37 of the Crime and Disorder Act 1998 (c.37) (aim of the youth justice |
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| | system) is amended as follows. |
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| | (2) | In subsection (1), after “preventing offending” insert “(including re-offending)”. |
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| | “(3) | Subsection (2) above is subject to section 142A(2) of the Criminal Justice |
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| | Act 2003 (which requires a court to have a regard primarily to the welfare |
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| | and well-being of offenders aged under 18 in accordance with its duties |
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| | under section 44 of the Children and Young Persons Act 1933).”.’. |
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| | Courts to have regard to the welfare and well-being of offenders under 18 |
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| To move the following Clause:— |
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| | ‘(1) | Section 44 of the Children and Young Persons Act 1933 (principles to be |
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| | observed by all courts in dealing with children and young persons: general |
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| | considerations) is amended as follows. |
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| | (2) | In subsection (1) after “shall have regard to the welfare”, insert “and well-being”. |
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| | (3) | After subsection (1) insert— |
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| | “(1A) | In complying with their duties under subsection (1), courts shall have |
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| | regard in particular to the following matters— |
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| | (a) | in respect of welfare, the matters set out in section 1(3) of the |
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| | (b) | in respect of well-being, the matters set out in section 10(2) of the |
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| | Extension of a referral order |
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| To move the following Clause:— |
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| | ‘(1) | Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 is amended |
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| | (2) | In paragraph 5(1) for “power” substitute “powers”. |
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| | (3) | For paragraph 5(2) substitute— |
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| | “(2) | Those powers are the powers to revoke the referral order (or each of the |
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| | referral orders) or extend it by up to 3 months.”. |
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| | (4) | In paragraph 5(5) for “so dealing with the offender” substitute “revoking an order |
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| | for an offence specified in sub-paragraph (4).”. |
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| | (5) | In paragraph 5(6) after “The appropriate court may not exercise the” insert |
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| | Accommodation in which persons aged under 18 may be detained |
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| To move the following Clause:— |
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| | ‘(1) | No person aged under 18 shall be detained in a young offender institution or a |
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| | secure training centre unless the Secretary of State certifies that he can be |
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| | (2) | In section 107(1) of the Powers of Criminal Courts (Sentencing Act) 2000 |
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| | (meaning of “youth detention accommodation”)— |
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| | (a) | omit paragraphs (a) and (b); and |
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| | (b) | in paragraph (c) after “by order specify” insert “but not including a secure |
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| | training centre or young offender institution”. |
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| | (3) | At the end of section 92(1)(b) of the Powers of Criminal Courts (Sentencing) Act |
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| | 2000 (detention under sections 90 and 91: place of detention etc.) substitute the |
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| | (4) | At the end of section 92(1) insert “provided that such place is not a secure training |
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| | centre or young offender institution”. |
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| | (5) | Omit sections 23(7A) and (7B) of the Children and Young Persons Act 1969. |
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| | (6) | Omit section 98 of the Crime and Disorder Act 1998.’. |
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| | Detention of persons believed to have committed an immigration offence |
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| To move the following Clause:— |
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| | ‘(1) | If a constable has reasonable grounds to believe that a person (“P”)— |
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| | (a) | has committed an offence under the Immigration Acts, and |
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| | (b) | has not taken reasonable steps to regularize his immigration status with |
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| | the Borders and Immigration Agency, |
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| | he must immediately detain P in custody. |
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| | (2) | P may be detained until— |
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| | (a) | the Borders and Immigration Agency has assumed responsibility for P, or |
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| | (b) | the period of 48 hours has elapsed, |
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| | whichever is the earlier. |
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| | (3) | The constable must, immediately after detaining P, inform the Borders and |
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| | Immigration Agency of the circumstances. |
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| | (4) | The Borders and Immigration Agency must— |
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| | (a) | ensure that an officer of the Agency meets P, and |
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| | (b) | take all other reasonable steps to determine P’s immigration status, |
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| | within 48 hours of P’s being detained.’. |
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| | Offences under football banning order |
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| To move the following Clause:— |
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| | ‘If a constable has reasonable grounds to believe that a person (“P”) is about to |
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| | breach the terms of a football banning order, he may require P to present his |
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| | Youth rehabilitation orders: report to Parliament |
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| To move the following Clause:— |
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| | ‘The Secretary of State must, within six months of the passing of this Act, lay a |
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| | report before both Houses of Parliament on— |
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| | (a) | the administrative changes he proposes to put in place to further the |
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| | welfare and development of children subject to youth rehabilitation |
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| | (b) | arrangements for pre-court procedures and post-court joint working of |
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| | agencies with a view to minimising court involvement.’. |
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| | Child offenders: report to Parliament |
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| To move the following Clause:— |
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| | ‘The Secretary of State must, within six months of the passing of this Act, lay a |
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| | report before both Houses of Parliament on the level of increased funding for |
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| | youth offending teams and partner agencies involved in dealing with child |
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| | Restraint of child offenders: report to Parliament |
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| To move the following Clause:— |
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| | ‘The Secretary of State must, within six months of the passing of this Act, lay a |
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| | report before both Houses of Parliament on safe restraint practices for child |
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| | Orders to promote rehabilitation of persons paying for the sexual services of a prostitute |
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| To move the following Clause:— |
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| | ‘(1) | The Street Offences Act 1959 (c. 57) is amended as follows. |
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| | (2) | After section 1A (inserted by section 72 of this Act) insert— |
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| | “1B | Orders to promote rehabilitation of persons paying for the sexual |
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| | services of a prostitute who has been trafficked |
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| | (1) | This subsection applies to any person who has paid for the sexual |
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| | services of a prostitute who has been trafficked. |
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| | (2) | The court may make an order under this subsection requiring a person to |
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| | whom subsection (1) applies to attend three meetings with the person for |
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| | the time being specified in the order (“the supervisor”) or with such other |
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| | person as the supervisor may direct. |
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| | (3) | The purpose of any order under subsection (2) is to promote the person’s |
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| | rehabilitation by assisting him, through attendance at those meetings, |
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| | (a) | address the causes of his conduct, and |
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| | (b) | find ways to cease engaging in such conduct in the future. |
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| | (4) | Section 1A applies where a court proposes to make an order under |
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| | subsection (2) as if the person subject to the order were the offender.”’. |
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| | Protection of vulnerable persons following conviction |
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| To move the following Clause:— |
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| | ‘(1) | The Magistrates’ Courts Act 1980 (c. 43) is amended as follows. |
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| | (2) | After section 11 insert— |
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