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 1 — Youth rehabilitation orders
1

A
Bill
[AS AMENDED IN PUBLIC BILL COMMITTEE]
To
Make further provision about criminal justice (including provision about the
police) and dealing with offenders and defaulters; to provide for the
establishment and functions of Her Majesty’s Commissioner for Offender
Management and Prisons and the Northern Ireland Commissioner for Prison
Complaints and to make further provision about the management of
offenders; to amend the criminal law; to make further provision for
combatting crime and disorder; to make provision about the mutual
recognition of financial penalties; to make provision for a new immigration
status in certain cases involving criminality; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Youth rehabilitation orders
Youth rehabilitation orders
1
Youth rehabilitation orders
(1)
Where a person aged under 18 is convicted of an offence, the court by or before
5
which the person is convicted may in accordance with Schedule 1 make an
order (in this Part referred to as a “youth rehabilitation order”) imposing on the
person any one or more of the following requirements—
(a)
an activity requirement (see paragraphs 6 to 8 of Schedule 1),
(b)
a supervision requirement (see paragraph 9 of that Schedule),
10
(c)
in a case where the offender is aged 16 or 17 at the time of the
conviction, an unpaid work requirement (see paragraph 10 of that
Schedule),

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Criminal Justice and Immigration Bill
Part 1 — Youth rehabilitation orders
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(d)
a programme requirement (see paragraph 11 of that Schedule),
(e)
an attendance centre requirement (see paragraph 12 of that Schedule),
(f)
a prohibited activity requirement (see paragraph 13 of that Schedule),
(g)
a curfew requirement (see paragraph 14 of that Schedule),
(h)
an exclusion requirement (see paragraph 15 of that Schedule),
5
(i)
a residence requirement (see paragraph 16 of that Schedule),
(j)
a local authority residence requirement (see paragraph 17 of that
Schedule),
(k)
a mental health treatment requirement (see paragraph 20 of that
Schedule),
10
(l)
a drug treatment requirement (see paragraph 22 of that Schedule),
(m)
a drug testing requirement (see paragraph 23 of that Schedule), and
(n)
an education requirement (see paragraph 24 of that Schedule).
(2)
A youth rehabilitation order—
(a)
may also impose an electronic monitoring requirement (see paragraph
15
25 of Schedule 1), and
(b)
must do so if paragraph 2 of that Schedule so requires.
(3)
A youth rehabilitation order may be—
(a)
a youth rehabilitation order with intensive supervision and
surveillance (see paragraph 3 of Schedule 1), or
20
(b)
a youth rehabilitation order with fostering (see paragraph 4 of that
Schedule).
(4)
But a court may only make an order mentioned in subsection (3)(a) or (b) if—
(a)
the court is dealing with the offender for an offence which is punishable
with imprisonment,
25
(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 3 or 4 of Schedule 1, a custodial sentence would be
appropriate (or, if the offender was aged under 12 at the time of
conviction, would be appropriate if the offender had been aged 12), and
30
(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.
(5)
Schedule 1 makes further provision about youth rehabilitation orders.
(6)
This section is subject to—
(a)
sections 148 and 150 of the Criminal Justice Act 2003 (c. 44) (restrictions
35
on community sentences etc.), and
(b)
the provisions of Parts 1 and 3 of Schedule 1.
2
Breach, revocation or amendment of youth rehabilitation orders
Schedule 2 makes provision about failures to comply with the requirements of
youth rehabilitation orders and about the revocation or amendment of such
40
orders.
3
Transfer of youth rehabilitation orders to Northern Ireland
Schedule 3 makes provision about the transfer of youth rehabilitation orders to
Northern Ireland.

Criminal Justice and Immigration Bill
Part 1 — Youth rehabilitation orders
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4
Meaning of “the responsible officer”
(1)
For the purposes of this Part, “the responsible officer”, in relation to an offender
to whom a youth rehabilitation order relates, means—
(a)
in a case where the order—
(i)
imposes a curfew requirement or an exclusion requirement but
5
no other requirement mentioned in section 1(1), and
(ii)
imposes an electronic monitoring requirement,

the person who under paragraph 25(4) of Schedule 1 is responsible for
the electronic monitoring required by the order;
(b)
in a case where the only requirement imposed by the order is an
10
attendance centre requirement, the officer in charge of the attendance
centre in question;
(c)
in any other case, the qualifying officer who, as respects the offender, is
for the time being responsible for discharging the functions conferred
by this Part on the responsible officer.
15
(2)
In this section “qualifying officer”, in relation to a youth rehabilitation order,
means—
(a)
a member of a youth offending team established by a local authority for
the time being specified in the order for the purposes of this section, or
(b)
an officer of a local probation board appointed for or assigned to the
20
local justice area for the time being so specified.
(3)
The Secretary of State may by order—
(a)
amend subsections (1) and (2), and
(b)
make any other amendments of—
(i)
this Part, or
25
(ii)
Chapter 1 of Part 12 of the Criminal Justice Act 2003 (c. 44)
(general provisions about sentencing),

that appear to be necessary or expedient in consequence of any
amendment made by virtue of paragraph (a).
(4)
An order under subsection (3) may, in particular, provide for the court to
30
determine which of two or more descriptions of responsible officer is to apply
in relation to any youth rehabilitation order.
5
Responsible officer and offender: duties in relation to the other
(1)
Where a youth rehabilitation order has effect, it is the duty of the responsible
officer—
35
(a)
to make any arrangements that are necessary in connection with the
requirements imposed by the order,
(b)
to promote the offender’s compliance with those requirements, and
(c)
where appropriate, to take steps to enforce those requirements.
(2)
In subsection (1) “responsible officer” does not include a person falling within
40
section 4(1)(a).
(3)
In giving instructions in pursuance of a youth rehabilitation order relating to
an offender, the responsible officer must ensure, as far as practicable, that any
instruction is such as to avoid—
(a)
any conflict with the offender’s religious beliefs,
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Criminal Justice and Immigration Bill
Part 1 — Youth rehabilitation orders
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(b)
any interference with the times, if any, at which the offender normally
works or attends school or any other educational establishment, and
(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 subsection (3) is to have effect
5
with such additional restrictions as may be specified in the order.
(5)
An offender in respect of whom a youth rehabilitation order is in force—
(a)
must keep in touch with the responsible officer in accordance with such
instructions as the offender may from time to time be given by that
officer, and
10
(b)
must notify the responsible officer of any change of address.
(6)
The obligation imposed by subsection (5) is enforceable as if it were a
requirement imposed by the order.
Supplementary
6
Abolition of certain youth orders and related amendments
15
(1)
Chapters 1, 2, 4 and 5 of Part 4 of (and Schedules 3 and 5 to 7 to) the Powers of
Criminal Courts (Sentencing) Act 2000 (c. 6) (curfew orders, exclusion orders,
attendance centre orders, supervision orders and action plan orders) cease to
have effect.
(2)
Part 1 of Schedule 4 makes amendments consequential on provisions of this
20
Part.
(3)
Part 2 of Schedule 4 makes minor amendments regarding other community
orders which are related to the consequential amendments in Part 1 of that
Schedule.
7
Youth rehabilitation orders: interpretation
25
(1)
In this Part, except where the contrary intention appears—
“accommodation provided by or on behalf of a local authority” has the
same meaning as it has in the Children Act 1989 (c. 41) by virtue of
section 105 of that Act;
“activity requirement”, in relation to a youth rehabilitation order, has the
30
meaning given by paragraph 6 of Schedule 1;
“associated”, in relation to offences, is to be read in accordance with
section 161(1) of the Powers of Criminal Courts (Sentencing) Act 2000;
“attendance centre” has the meaning given by section 221(2) of the
Criminal Justice Act 2003 (c. 44);
35
“attendance centre requirement”, in relation to a youth rehabilitation
order, has the meaning given by paragraph 12 of Schedule 1;
“court” (without more) does not include a service court;
“curfew requirement”, in relation to a youth rehabilitation order, has the
meaning given by paragraph 14 of Schedule 1;
40
“custodial sentence” has the meaning given by section 76 of the Powers of
Criminal Courts (Sentencing) Act 2000;
“detention and training order” has the same meaning as it has in that Act
by virtue of section 163 of that Act;

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Part 1 — Youth rehabilitation orders
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“drug treatment requirement”, in relation to a youth rehabilitation order,
has the meaning given by paragraph 22 of Schedule 1;
“drug testing requirement”, in relation to a youth rehabilitation order, has
the meaning given by paragraph 23 of Schedule 1;
“education requirement”, in relation to a youth rehabilitation order, has
5
the meaning given by paragraph 24 of Schedule 1;
“electronic monitoring requirement”, in relation to a youth rehabilitation
order, has the meaning given by paragraph 25 of Schedule 1;
“exclusion requirement”, in relation to a youth rehabilitation order, has
the meaning given by paragraph 15 of Schedule 1;
10
“extended activity requirement”, in relation to a youth rehabilitation
order, has the meaning given by paragraph 3 of Schedule 1;
“fostering requirement”, in relation to a youth rehabilitation order with
fostering, has the meaning given by paragraph 18 of Schedule 1;
“guardian” has the same meaning as in the Children and Young Persons
15
Act 1933 (c. 12);
“local authority” means—
(a)
in relation to England—
(i)
a county council,
(ii)
a district council whose district does not form part of an
20
area that has a county council,
(iii)
a London borough council, or
(iv)
the Common Council of the City of London in its
capacity as a local authority, and
(b)
in relation to Wales—
25
(i)
a county council, or
(ii)
a county borough council;
“local authority residence requirement”, in relation to a youth
rehabilitation order, has the meaning given by paragraph 17 of
Schedule 1;
30
“local probation board” means a local probation board established under
section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);
“mental health treatment requirement”, in relation to a youth
rehabilitation order, has the meaning given by paragraph 20 of
Schedule 1;
35
“programme requirement”, in relation to a youth rehabilitation order, has
the meaning given by paragraph 11 of Schedule 1;
“prohibited activity requirement”, in relation to a youth rehabilitation
order, has the meaning given by paragraph 13 of Schedule 1;
“residence requirement”, in relation to a youth rehabilitation order, has
40
the meaning given by paragraph 16 of Schedule 1;
“the responsible officer”, in relation to an offender to whom a youth
rehabilitation order relates, has the meaning given by section 4;
“service court” means—
(a)
the Court Martial,
45
(b)
the Summary Appeal Court,
(c)
the Court Martial Appeals Court, or
(d)
the Service Civilian Court;
“supervision requirement”, in relation to a youth rehabilitation order, has
the meaning given by paragraph 9 of Schedule 1;
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“unpaid work requirement”, in relation to a youth rehabilitation order,
has the meaning given by paragraph 10 of Schedule 1;
“youth offending team” means a team established under section 39 of the
Crime and Disorder Act 1998 (c. 37);
“youth rehabilitation order” has the meaning given by section 1;
5
“youth rehabilitation order with fostering” has the meaning given by
paragraph 4 of Schedule 1;
“youth rehabilitation order with intensive supervision and surveillance”
has the meaning given by paragraph 3 of Schedule 1.
(2)
For the purposes of any provision of this Part which requires the determination
10
of the age of a person by the court, the Secretary of State or a local authority,
the person’s age is to be taken to be that which it appears to the court or (as the
case may be) the Secretary of State or a local authority to be after considering
any available evidence.
(3)
Any reference in this Part to an offence punishable with imprisonment is to be
15
read without regard to any prohibition or restriction imposed by or under any
Act on the imprisonment of young offenders.
(4)
If a local authority has parental responsibility for an offender who is in its care
or provided with accommodation by it in the exercise of any social services
functions, any reference in this Part (except in paragraphs 4 and 24 of Schedule
20
1) to the offender’s parent or guardian is to be read as a reference to that
authority.
(5)
In subsection (4)—
“parental responsibility” has the same meaning as it has in the Children
Act 1989 (c. 41) by virtue of section 3 of that Act, and
25
“social services functions” has the same meaning as it has in the Local
Authority Social Services Act 1970 (c. 42) by virtue of section 1A of that
Act.
8
Isles of Scilly
This Part has effect in relation to the Isles of Scilly with such exceptions,
30
adaptations and modifications as the Secretary of State may by order specify.
Part 2
Sentencing
General sentencing provisions
9
Purposes etc. of sentencing: offenders aged under 18
35
(1)
After section 142 of the Criminal Justice Act 2003 (c. 44) insert—
“142A
Purposes etc. of sentencing: offenders aged under 18
(1)
This section applies where a court is dealing with an offender aged
under 18 in respect of an offence.
(2)
The court must have regard primarily to the principal aim of the youth
40
justice system, that is, to prevent offending by children and other
persons aged under 18.

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Part 2 — Sentencing
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(3)
The court must also—
(a)
have regard to the purposes of sentencing mentioned in
subsection (4), so far as it is not required to do so by subsection
(2), and
(b)
in accordance with section 44 of the Children and Young
5
Persons Act 1933, have regard to the welfare of the offender.
(4)
Those purposes of sentencing are—
(a)
the punishment of offenders,
(b)
the reform and rehabilitation of offenders,
(c)
the protection of the public, and
10
(d)
the making of reparation by offenders to persons affected by
their offences.
(5)
This section does not apply—
(a)
to an offence the sentence for which is fixed by law,
(b)
to an offence the sentence for which falls to be imposed under—
15
(i)
section 51A(2) of the Firearms Act 1968 (minimum
sentence for certain firearms offences),
(ii)
section 29(6) of the Violent Crime Reduction Act 2006
(minimum sentences in certain cases of using someone
to mind a weapon), or
20
(iii)
section 226 or 228 of this Act (dangerous offenders), or
(c)
in relation to the making under Part 3 of the Mental Health Act
1983 of a hospital order (with or without a restriction order), an
interim hospital order, a hospital direction or a limitation
direction.”
25
(2)
In section 142 of the Criminal Justice Act 2003 (c. 44) (purposes of sentencing in
relation to offenders aged 18 or over at the time of conviction)—
(a)
in the heading, at the end insert “: offenders aged 18 or over”, and
(b)
in subsection (2)(a) omit “at the time of conviction”.
(3)
In section 44 of the Children and Young Persons Act 1933 (c. 12) (general
30
considerations) after subsection (1) insert—
“(1A)
Subsection (1) of this section is subject to section 142A(2) of the
Criminal Justice Act 2003 (which requires a court to have regard
primarily to the principal aim of the youth justice system where it is
dealing with an offender aged under 18).
35
(1B)
Accordingly, in determining whether a case is one in which the court
should take steps as mentioned in subsection (1), the court shall have
regard primarily to the principal aim of the youth justice system (see
section 37 of the Crime and Disorder Act 1998).”
(4)
In section 37 of the Crime and Disorder Act 1998 (c. 37) (aim of the youth justice
40
system), at the end add—
“(3)
Subsection (2) above is subject to section 142A(2) of the Criminal Justice
Act 2003 (which requires a court to have regard primarily to that aim
where it is dealing with an offender aged under 18).”