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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,

 
 

 
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