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 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order
143

(a)
a requirement falling within any paragraph of Part 2 of Schedule 1 is
of the same kind as any other requirement falling within that
paragraph, and
(b)
an electronic monitoring requirement is a requirement of the same
kind as any requirement falling within Part 2 of Schedule 1 to which
5
it relates.
Orders made on appeal
2
Where a youth rehabilitation order has been made on appeal, for the
purposes of this Schedule it is to be treated—
(a)
if it was made on an appeal from a magistrates’ court, as having been
10
made by a magistrates’ court;
(b)
if it was made on an appeal brought from the Crown Court or from
the criminal division of the Court of Appeal, as having been made by
the Crown Court.
Part 2
15
Breach of requirement of order
Duty to give warning
3     (1)
If the responsible officer is of the opinion that the offender has failed without
reasonable excuse to comply with a youth rehabilitation order, the
responsible officer must give the offender a warning under this paragraph
20
unless under paragraph 4(1) or (2) the responsible officer causes an
information to be laid before a justice of the peace in respect of the failure.
      (2)
A warning under this paragraph must—
(a)
describe the circumstances of the failure,
(b)
state that the failure is unacceptable, and
25
(c)
state that the offender will be liable to be brought before a court—
(i)
in a case where the warning is given during the warned
period relating to a previous warning under this paragraph,
if during that period the offender again fails to comply with
the order, or
30
(ii)
in any other case, if during the warned period relating to the
warning, the offender fails on more than one occasion to
comply with the order.
      (3)
The responsible officer must, as soon as practicable after the warning has
been given, record that fact.
35
      (4)
In this paragraph, “warned period”, in relation to a warning under this
paragraph, means the period of 12 months beginning with the date on which
the warning was given.
Breach of order
4     (1)
If the responsible officer—
40
(a)
has given a warning (“the first warning”) under paragraph 3 to the
offender in respect of a youth rehabilitation order,

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order
144

(b)
during the warned period relating to the first warning, has given
another warning under that paragraph to the offender in respect of a
failure to comply with the order, and
(c)
is of the opinion that, during the warned period relating to the first
warning, the offender has again failed without reasonable excuse to
5
comply with the order,

the responsible officer must cause an information to be laid before a justice
of the peace in respect of the failure mentioned in paragraph (c).
      (2)
If—
(a)
the responsible officer is of the opinion that the offender has failed
10
without reasonable excuse to comply with a youth rehabilitation
order, and
(b)
sub-paragraph (1) does not apply,

the responsible officer may cause an information to be laid before a justice of
the peace in respect of that failure.
15
      (3)
In this paragraph, “warned period” has the same meaning as in paragraph 3.
Issue of summons or warrant by justice of the peace
5     (1)
If at any time while a youth rehabilitation order is in force it appears on
information to a justice of the peace that an offender has failed to comply
with a youth rehabilitation order, the justice may—
20
(a)
issue a summons requiring the offender to appear at the place and
time specified in it, or
(b)
if the information is in writing and on oath, issue a warrant for the
offender’s arrest.
      (2)
Any summons or warrant issued under this paragraph must direct the
25
offender to appear or be brought—
(a)
if the youth rehabilitation order was made by the Crown Court and
does not include a direction under paragraph 35 of Schedule 1,
before the Crown Court, and
(b)
in any other case, before the appropriate court.
30
      (3)
In sub-paragraph (2), “appropriate court” means—
(a)
if the offender is aged under 18, a youth court acting in the relevant
local justice area, and
(b)
if the offender is aged 18 or over, a magistrates’ court (other than a
youth court) acting in that local justice area.
35
      (4)
In sub-paragraph (3), “relevant local justice area” means—
(a)
the local justice area in which the offender resides, or
(b)
if it is not known where the offender resides, the local justice area
specified in the youth rehabilitation order.
      (5)
Sub-paragraphs (6) and (7) apply where the offender does not appear in
40
answer to a summons issued under this paragraph.
      (6)
If the summons required the offender to appear before the Crown Court, the
Crown Court may—
(a)
unless the summons was issued under this sub-paragraph, issue a
further summons requiring the offender to appear at the place and
45
time specified in it, or

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order
145

(b)
in any case, issue a warrant for the arrest of the offender.
      (7)
If the summons required the offender to appear before a magistrates’ court,
the magistrates’ court may issue a warrant for the arrest of the offender.
Powers of magistrates’ court
6     (1)
This paragraph applies where—
5
(a)
an offender appears or is brought before a youth court or other
magistrates’ court under paragraph 5, and
(b)
it is proved to the satisfaction of the court that the offender has failed
without reasonable excuse to comply with the youth rehabilitation
order.
10
      (2)
The court may deal with the offender in respect of that failure in any one of
the following ways (and must do so if the youth rehabilitation order is in
force)—
(a)
by ordering the offender to pay a fine of an amount not exceeding—
(i)
£250, if the offender is aged under 14, or
15
(ii)
£1,000, in any other case;
(b)
by amending the terms of the youth rehabilitation order so as to
impose any requirement which could have been included in the
order when it was made—
(i)
in addition to, or
20
(ii)
in substitution for,

any requirement or requirements already imposed by the order;
(c)
by dealing with the offender, for the offence in respect of which the
order was made, in any way in which the court could have dealt with
the offender for that offence (had the offender been before that court
25
to be dealt with for it).
      (3)
Sub-paragraph (2)(b) is subject to sub-paragraphs (6) to (9).
      (4)
In dealing with the offender under sub-paragraph (2), the court must take
into account the extent to which the offender has complied with the youth
rehabilitation order.
30
      (5)
A fine imposed under sub-paragraph (2)(a) is to be treated, for the purposes
of any enactment, as being a sum adjudged to be paid by a conviction.
      (6)
Any requirement imposed under sub-paragraph (2)(b) must be capable of
being complied with before the date specified under paragraph 31(1) of
Schedule 1.
35
      (7)
Where—
(a)
the court is dealing with the offender under sub-paragraph (2)(b),
and
(b)
the youth rehabilitation order does not contain an unpaid work
requirement,
40

paragraph 10(2) of Schedule 1 applies in relation to the inclusion of such a
requirement as if for “40” there were substituted “20”.
      (8)
The court may not under sub-paragraph (2)(b) impose—
(a)
an extended activity requirement, or
(b)
a fostering requirement,
45

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order
146


if the order does not already impose such a requirement.
      (9)
Where—
(a)
the order imposes a fostering requirement (the “original
requirement”), and
(b)
under sub-paragraph (2)(b) the court proposes to substitute a new
5
fostering requirement (“the substitute requirement”) for the original
requirement,

paragraph 18(2) of Schedule 1 applies in relation to the substitute
requirement as if the reference to the period of 12 months beginning with the
date on which the original requirement first had effect were a reference to
10
the period of 18 months beginning with that date.
     (10)
Where—
(a)
the court deals with the offender under sub-paragraph (2)(b), and
(b)
it would not otherwise have the power to amend the youth
rehabilitation order under paragraph 13 (amendment by reason of
15
change of residence),

that paragraph has effect as if references in it to the appropriate court were
references to the court which is dealing with the offender.
     (11)
Where the court deals with the offender under sub-paragraph (2)(c), it must
revoke the youth rehabilitation order if it is still in force.
20
     (12)
Sub-paragraphs (13) to (15) apply where—
(a)
the court is dealing with the offender under sub-paragraph (2)(c),
and
(b)
the offender has wilfully and persistently failed to comply with a
youth rehabilitation order.
25
     (13)
The court may impose a youth rehabilitation order with intensive
supervision and surveillance notwithstanding anything in section 1(4)(a) or
(b).
     (14)
If—
(a)
the order is a youth rehabilitation order with intensive supervision
30
and surveillance, and
(b)
the offence mentioned in sub-paragraph (2)(c) was punishable with
imprisonment,

the court may impose a custodial sentence notwithstanding anything in
section 152(2) of the Criminal Justice Act 2003 (c. 44) (general restrictions on
35
imposing discretionary custodial sentences).
     (15)
If—
(a)
the order is a youth rehabilitation order with intensive supervision
and surveillance which was imposed by virtue of sub-paragraph (13)
or paragraph 8(12), and
40
(b)
the offence mentioned in sub-paragraph (2)(c) was not punishable
with imprisonment,

for the purposes of dealing with the offender under sub-paragraph (2)(c), the
court is to be taken to have had power to deal with the offender for that
offence by making a detention and training order for a term not exceeding 4
45
months.

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order
147

     (16)
An offender may appeal to the Crown Court against a sentence imposed
under sub-paragraph (2)(c).
Power of magistrates’ court to refer offender to Crown Court
7     (1)
Sub-paragraph (2) applies if—
(a)
the youth rehabilitation order was made by the Crown Court and
5
contains a direction under paragraph 35 of Schedule 1, and
(b)
a youth court or other magistrates’ court would (apart from that sub-
paragraph) be required, or has the power, to deal with the offender
in one of the ways mentioned in paragraph 6(2).
      (2)
The court may instead—
10
(a)
commit the offender in custody, or
(b)
release the offender on bail,

until the offender can be brought or appear before the Crown Court.
      (3)
Where a court deals with the offender’s case under sub-paragraph (2) it
must send to the Crown Court—
15
(a)
a certificate signed by a justice of the peace certifying that the
offender has failed to comply with the youth rehabilitation order in
the respect specified in the certificate, and
(b)
such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the
20
failure before the Crown Court.
Powers of Crown Court
8     (1)
This paragraph applies where—
(a)
an offender appears or is brought before the Crown Court under
paragraph 5 or by virtue of paragraph 7(2), and
25
(b)
it is proved to the satisfaction of that court that the offender has failed
without reasonable excuse to comply with the youth rehabilitation
order.
      (2)
The Crown Court may deal with the offender in respect of that failure in any
one of the following ways (and must do so if the youth rehabilitation order
30
is in force)—
(a)
by ordering the offender to pay a fine of an amount not exceeding—
(i)
£250, if the offender is aged under 14, or
(ii)
£1,000, in any other case;
(b)
by amending the terms of the youth rehabilitation order so as to
35
impose any requirement which could have been included in the
order when it was made—
(i)
in addition to, or
(ii)
in substitution for,

any requirement or requirements already imposed by the order;
40
(c)
by dealing with the offender, for the offence in respect of which the
order was made, in any way in which the Crown Court could have
dealt with the offender for that offence.
      (3)
Sub-paragraph (2)(b) is subject to sub-paragraphs (6) to (9).

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order
148

      (4)
In dealing with the offender under sub-paragraph (2), the Crown Court
must take into account the extent to which the offender has complied with
the youth rehabilitation order.
      (5)
A fine imposed under sub-paragraph (2)(a) is to be treated, for the purposes
of any enactment, as being a sum adjudged to be paid by a conviction.
5
      (6)
Any requirement imposed under sub-paragraph (2)(b) must be capable of
being complied with before the date specified under paragraph 31(1) of
Schedule 1.
      (7)
Where—
(a)
the court is dealing with the offender under sub-paragraph (2)(b),
10
and
(b)
the youth rehabilitation order does not contain an unpaid work
requirement,

paragraph 10(2) of Schedule 1 applies in relation to the inclusion of such a
requirement as if for “40” there were substituted “20”.
15
      (8)
The court may not under sub-paragraph (2)(b) impose—
(a)
an extended activity requirement, or
(b)
a fostering requirement,

if the order does not already impose such a requirement.
      (9)
Where—
20
(a)
the order imposes a fostering requirement (the “original
requirement”), and
(b)
under sub-paragraph (2)(b) the court proposes to substitute a new
fostering requirement (“the substitute requirement”) for the original
requirement,
25

paragraph 18(2) of Schedule 1 applies in relation to the substitute
requirement as if the reference to the period of 12 months beginning with the
date on which the original requirement first had effect were a reference to
the period of 18 months beginning with that date.
     (10)
Where the Crown Court deals with an offender under sub-paragraph (2)(c),
30
it must revoke the youth rehabilitation order if it is still in force.
     (11)
Sub-paragraphs (12) to (14) apply where—
(a)
an offender has wilfully and persistently failed to comply with a
youth rehabilitation order; and
(b)
the Crown Court is dealing with the offender under sub-paragraph
35
(2)(c).
     (12)
The court may impose a youth rehabilitation order with intensive
supervision and surveillance notwithstanding anything in section 1(4)(a) or
(b).
     (13)
If—
40
(a)
the order is a youth rehabilitation order with intensive supervision
and surveillance, and
(b)
the offence mentioned in sub-paragraph (2)(c) was punishable with
imprisonment,

the court may impose a custodial sentence notwithstanding anything in
45
section 152(2) of the Criminal Justice Act 2003 (c. 44) (general restrictions on
imposing discretionary custodial sentences).

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 3 — Revocation of order
149

     (14)
If—
(a)
the order is a youth rehabilitation order with intensive supervision
and surveillance which was imposed by virtue of paragraph 6(13) or
sub-paragraph (12), and
(b)
the offence mentioned in sub-paragraph (2)(c) was not punishable
5
with imprisonment,

for the purposes of dealing with the offender under sub-paragraph (2)(c), the
Crown Court is to be taken to have had power to deal with the offender for
that offence by making a detention and training order for a term not
exceeding 4 months.
10
     (15)
In proceedings before the Crown Court under this paragraph any question
whether the offender has failed to comply with the youth rehabilitation
order is to be determined by the court and not by the verdict of a jury.
Restriction of powers in paragraphs 6 and 8 where treatment required
9     (1)
Sub-paragraph (2) applies where a youth rehabilitation order imposes either
15
of the following requirements in respect of an offender—
(a)
a mental health treatment requirement;
(b)
a drug treatment requirement.
      (2)
The offender is not to be treated for the purposes of paragraph 6 or 8 as
having failed to comply with the order on the ground only that the offender
20
had refused to undergo any surgical, electrical or other treatment required
by that requirement if, in the opinion of the court, the refusal was reasonable
having regard to all the circumstances.
Power to amend amounts of fines
10    (1)
The Secretary of State may by order amend any sum for the time being
25
specified in paragraph 6(2)(a)(i) or (ii) or 8(2)(a)(i) or (ii).
      (2)
The power conferred by sub-paragraph (1) may be exercised only if it
appears to the Secretary of State that there has been a change in the value of
money since the relevant date which justifies the change.
      (3)
In sub-paragraph (2), “the relevant date” means—
30
(a)
if the sum specified in paragraph 6(2)(a)(i) or (ii) or 8(2)(a)(i) or (ii) (as
the case may be) has been substituted by an order under sub-
paragraph (1), the date on which the sum was last so substituted;
(b)
otherwise, the date on which this Act was passed.
      (4)
An order under sub-paragraph (1) (a “fine amendment order”) must not
35
have effect in relation to any youth rehabilitation order made in respect of
an offence committed before the fine amendment order comes into force.
Part 3
Revocation of order
Revocation of order with or without re-sentencing: powers of appropriate court
40
11    (1)
This paragraph applies where—
(a)
a youth rehabilitation order is in force in respect of any offender,