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Public Bill Committee: 20th November 2007                

399

 

Criminal Justice and Immigration Bill, continued

 
 

Sentencing of young offenders

 

Mr David Burrowes

 

Mr Edward Garnier

 

Mr Nick Hurd

 

nc7

 

To move the following Clause:—

 

‘(1)    

Section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (duty

 

and power to refer certain young offenders to youth offender panels) is amended

 

as follows.

 

(2)    

Omit subsection (2).

 

(3)    

In subsection (6) omit “(2) or”.

 

(4)    

In consequence of the amendments made by this section, the heading to section

 

16 becomes “Power to refer certain young offenders to youth offender panels”.

 

(5)    

Section 17 of that Act (the referral conditions) is amended as follows.

 

(6)    

In subsection (1)—

 

(a)    

for “16(2)” substitute “16(3)”, and

 

(b)    

for “compulsory” substitute “discretionary”.

 

(7)    

In subsection (1A) after “conditions”, insert “also”.

 

(8)    

In subsection (3)—

 

(a)    

omit “the compulsory referral conditions or”, and

 

(b)    

for “16(2) or (3) above (as the case may be)” substitute “16(3) above”.

 

(9)    

In section 19 of that Act (making of referral orders: effect on court’s other

 

sentencing powers) omit subsection (7).’.

 


 

Paying for sexual services

 

Mr Philip Hollobone

 

NC8

 

To move the following Clause:—

 

‘(1)    

A person (A) commits an offence if—

 

(a)    

he intentionally obtains for himself the sexual services of another person

 

(B), and

 

(b)    

before obtaining those services, he has made or promised payment for

 

those services to B or a third person, or knows that another person has

 

made or promised such a payment.

 

(2)    

In this section “payment” means any financial advantage, including the discharge

 

of an obligation to pay or the provision of goods or services (including sexual

 

services) gratuitously or at a discount.

 

(3)    

A person guilty of an offence under this section is liable on summary conviction,

 

to imprisonment for a term not exceeding 6 months or a fine not exceeding the

 

statutory maximum or both.’.

 



 
 

Public Bill Committee: 20th November 2007                

400

 

Criminal Justice and Immigration Bill, continued

 
 

Intensive supervision and surveillance order

 

Mr David Heath

 

David Howarth

 

NC9

 

To move the following Clause:—

 

‘(1)    

Where a person aged between 12 and 18 is convicted of an offence, the court by

 

or before which the person is convicted may in accordance with paragraph 2A of

 

Schedule 1 make an intensive supervision and surveillance order.

 

(2)    

But a court may only make an intensive supervision and surveillance order if—

 

(a)    

the court is dealing with the offender for an offence which is punishable

 

with imprisonment,

 

(b)    

the court is of the opinion that the offence, or the combination of the

 

offence and one or more offences associated with it, was so serious that,

 

but for paragraph 2A of Schedule 1, a custodial sentence would be

 

appropriate, and

 

(c)    

if the offender was aged under 15 at the time of conviction, the court is

 

of the opinion that the offender is a persistent offender.

 

(3)    

Schedule 1 makes further provision about intensive supervision and surveillance

 

orders.

 

(4)    

This section is subject to—

 

(a)    

sections 148 and 150 of the Criminal Justice Act 2003 (c. 44) (restrictions

 

on community sentences etc.), and

 

(b)    

the provisions of Parts 1 and 3 of Schedule 1.’.

 


 

Restriction on use of detention and training order

 

Mr David Heath

 

David Howarth

 

NC10

 

To move the following Clause:—

 

‘(1)    

In the Powers of Criminal Courts (Sentencing) Act 2000, after section 100(2)(b),

 

insert—

 

“(c)    

in relation to an offence committed after the commencement of section

 

[Intensive supervision and surveillance order] of the Criminal Justice

 

and Immigration Act 2008, unless he has previously received an

 

intensive supervision and surveillance order under that section.”.’.

 


 

Attendance centre orders

 

Mr David Heath

 

David Howarth

 

NC11

 

To move the following Clause:—


 
 

Public Bill Committee: 20th November 2007                

401

 

Criminal Justice and Immigration Bill, continued

 
 

‘(1)    

Section 62 of the Powers of Criminal Courts (Sentencing) Act 2000 (attendance

 

centre orders) is amended as follows.

 

(2)    

In subsection (1) after “provide attendance centres” insert “for offenders aged 18

 

and under 21; and through the Youth Justice Board to provide funding for

 

attendance centres for offenders aged 10 and under 18”.

 

(3)    

After subsection (1) insert—

 

“(1A) Youth offending teams may provide attendance centres for offenders

 

aged 10 and under 18.”.

 

(4)    

In subsection (4), after “centres” insert “for offenders aged 18 and under 21”.

 

(5)    

After subsection (4) insert—

 

“(5) For the purpose of providing attendance centres, youth offending teams

 

may make arrangements with any authority or organisation for the use of

 

their premises.”’.

 


 

Duty of court to inform local authority where a child is at risk of significant harm

 

Mr David Heath

 

David Howarth

 

NC12

 

To move the following Clause:—

 

‘(1)    

Subsection (2) applies where—

 

(a)    

it appears to a court, in relation to a child or young person, that there is

 

reasonable cause to suspect that the child or young person is suffering, or

 

is likely to suffer, significant harm, and

 

(b)    

the court is not satisfied that an investigation is taking place under section

 

47 of the Children Act 1989 by a relevant local authority in relation to

 

that child or young person.

 

(2)    

Where this subsection applies, the court shall forthwith—

 

(a)    

inform all relevant local authorities that subsection (1) above is satisfied

 

in relation to the child or young person, and

 

(b)    

request all relevant local authorities that an investigation be carried out

 

by them under section 47 of the Children Act 1989.

 

(3)    

In this section, a local authority is a “relevant local authority” if it is a local

 

authority in whose area—

 

(a)    

the court is located, or

 

(b)    

the child or young person lives.’.

 


 

Principal aim of the youth justice system

 

Mr David Heath

 

David Howarth

 

NC13

 

To move the following Clause:—


 
 

Public Bill Committee: 20th November 2007                

402

 

Criminal Justice and Immigration Bill, continued

 
 

‘(1)    

Section 37 of the Crime and Disorder Act 1998 (c.37) (aim of the youth justice

 

system) is amended as follows.

 

(2)    

In subsection (1), after “preventing offending” insert “(including re-offending)”.

 

(3)    

At end insert—

 

“(3)    

Subsection (2) above is subject to section 142A(2) of the Criminal Justice

 

Act 2003 (which requires a court to have a regard primarily to the welfare

 

and well-being of offenders aged under 18 in accordance with its duties

 

under section 44 of the Children and Young Persons Act 1933).”.’.

 


 

Courts to have regard to the welfare and well-being of offenders under 18

 

Mr David Heath

 

David Howarth

 

nc14

 

To move the following Clause:—

 

‘(1)    

Section 44 of the Children and Young Persons Act 1933 (principles to be

 

observed by all courts in dealing with children and young persons: general

 

considerations) is amended as follows.

 

(2)    

In subsection (1) after “shall have regard to the welfare”, insert “and well-being”.

 

(3)    

After subsection (1) insert—

 

“(1A)    

In complying with their duties under subsection (1), courts shall have

 

regard in particular to the following matters—

 

(a)    

in respect of welfare, the matters set out in section 1(3) of the

 

Children Act 1989; and

 

(b)    

in respect of well-being, the matters set out in section 10(2) of the

 

Children Act 2004.”’.

 


 

Extension of a referral order

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

nc15

 

To move the following Clause:—

 

‘(1)    

Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 is amended

 

as follows.

 

(2)    

In paragraph 5(1) for “power” substitute “powers”.

 

(3)    

For paragraph 5(2) substitute—

 

“(2)    

Those powers are the powers to revoke the referral order (or each of the

 

referral orders) or extend it by up to 3 months.”.

 

(4)    

In paragraph 5(5) for “so dealing with the offender” substitute “revoking an order

 

for an offence specified in sub-paragraph (4).”.


 
 

Public Bill Committee: 20th November 2007                

403

 

Criminal Justice and Immigration Bill, continued

 
 

(5)    

In paragraph 5(6) after “The appropriate court may not exercise the” insert

 

“revocation”.’.

 


 

Accommodation in which persons aged under 18 may be detained

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

NC16

 

To move the following Clause:—

 

‘(1)    

No person aged under 18 shall be detained in a young offender institution or a

 

secure training centre unless the Secretary of State certifies that he can be

 

detained safely.

 

(2)    

In section 107(1) of the Powers of Criminal Courts (Sentencing Act) 2000

 

(meaning of “youth detention accommodation”)—

 

(a)    

omit paragraphs (a) and (b); and

 

(b)    

in paragraph (c) after “by order specify” insert “but not including a secure

 

training centre or young offender institution”.

 

(3)    

At the end of section 92(1)(b) of the Powers of Criminal Courts (Sentencing) Act

 

2000 (detention under sections 90 and 91: place of detention etc.) substitute the

 

full stop for a comma.

 

(4)    

At the end of section 92(1) insert “provided that such place is not a secure training

 

centre or young offender institution”.

 

(5)    

Omit sections 23(7A) and (7B) of the Children and Young Persons Act 1969.

 

(6)    

Omit section 98 of the Crime and Disorder Act 1998.’.

 


 

Detention of persons believed to have committed an immigration offence

 

Mr Philip Hollobone

 

NC17

 

To move the following Clause:—

 

‘(1)    

If a constable has reasonable grounds to believe that a person (“P”)—

 

(a)    

has committed an offence under the Immigration Acts, and

 

(b)    

has not taken reasonable steps to regularize his immigration status with

 

the Borders and Immigration Agency,

 

he must immediately detain P in custody.

 

(2)    

P may be detained until—

 

(a)    

the Borders and Immigration Agency has assumed responsibility for P, or

 

(b)    

the period of 48 hours has elapsed,

 

whichever is the earlier.

 

(3)    

The constable must, immediately after detaining P, inform the Borders and

 

Immigration Agency of the circumstances.

 

(4)    

The Borders and Immigration Agency must—


 
 

Public Bill Committee: 20th November 2007                

404

 

Criminal Justice and Immigration Bill, continued

 
 

(a)    

ensure that an officer of the Agency meets P, and

 

(b)    

take all other reasonable steps to determine P’s immigration status,

 

within 48 hours of P’s being detained.’.

 


 

Offences under football banning order

 

Mr Philip Hollobone

 

NC18

 

To move the following Clause:—

 

‘If a constable has reasonable grounds to believe that a person (“P”) is about to

 

breach the terms of a football banning order, he may require P to present his

 

passport.’.

 


 

Youth rehabilitation orders: report to Parliament

 

Mr Harry Cohen

 

nc19

 

To move the following Clause:—

 

‘The Secretary of State must, within six months of the passing of this Act, lay a

 

report before both Houses of Parliament on—

 

(a)    

the administrative changes he proposes to put in place to further the

 

welfare and development of children subject to youth rehabilitation

 

orders, and

 

(b)    

arrangements for pre-court procedures and post-court joint working of

 

agencies with a view to minimising court involvement.’.

 


 

Child offenders: report to Parliament

 

Mr Harry Cohen

 

nc20

 

To move the following Clause:—

 

‘The Secretary of State must, within six months of the passing of this Act, lay a

 

report before both Houses of Parliament on the level of increased funding for

 

youth offending teams and partner agencies involved in dealing with child

 

offenders.’.

 



 
 

Public Bill Committee: 20th November 2007                

405

 

Criminal Justice and Immigration Bill, continued

 
 

Restraint of child offenders: report to Parliament

 

Mr Harry Cohen

 

nc21

 

To move the following Clause:—

 

‘The Secretary of State must, within six months of the passing of this Act, lay a

 

report before both Houses of Parliament on safe restraint practices for child

 

offenders.’.

 


 

Orders to promote rehabilitation of persons paying for the sexual services of a prostitute

 

Mr Harry Cohen

 

nc22

 

To move the following Clause:—

 

‘(1)    

The Street Offences Act 1959 (c. 57) is amended as follows.

 

(2)    

After section 1A (inserted by section 72 of this Act) insert—

 

“1B    

Orders to promote rehabilitation of persons paying for the sexual

 

services of a prostitute who has been trafficked

 

(1)    

This subsection applies to any person who has paid for the sexual

 

services of a prostitute who has been trafficked.

 

(2)    

The court may make an order under this subsection requiring a person to

 

whom subsection (1) applies to attend three meetings with the person for

 

the time being specified in the order (“the supervisor”) or with such other

 

person as the supervisor may direct.

 

(3)    

The purpose of any order under subsection (2) is to promote the person’s

 

rehabilitation by assisting him, through attendance at those meetings,

 

to—

 

(a)    

address the causes of his conduct, and

 

(b)    

find ways to cease engaging in such conduct in the future.

 

(4)    

Section 1A applies where a court proposes to make an order under

 

subsection (2) as if the person subject to the order were the offender.”’.

 


 

Protection of vulnerable persons following conviction

 

Mr Harry Cohen

 

nc23

 

To move the following Clause:—

 

‘(1)    

The Magistrates’ Courts Act 1980 (c. 43) is amended as follows.

 

(2)    

After section 11 insert—


 
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