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
129

      (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
130

      (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
131

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
132

(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.

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements
133

      (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
134

(“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
135

      (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.
30
      (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.