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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 3 — Revocation of order

150

 

(b)   

the order—

(i)   

was made by a youth court or other magistrates’ court, or

(ii)   

was made by the Crown Court and contains a direction

under paragraph 35 of Schedule 1, and

(c)   

the offender or the responsible officer makes an application to the

5

appropriate court under this sub-paragraph.

      (2)  

If it appears to the appropriate court to be in the interests of justice to do so,

having regard to circumstances which have arisen since the order was made,

the appropriate court may—

(a)   

revoke the order, or

10

(b)   

both—

(i)   

revoke the order, and

(ii)   

deal with the offender, for the offence in respect of which the

order was made, in any way in which the appropriate court

could have dealt with the offender for that offence (had the

15

offender been before that court to be dealt with for it).

      (3)  

The circumstances in which a youth rehabilitation order may be revoked

under sub-paragraph (2) include the offender’s making good progress or

responding satisfactorily to supervision or treatment (as the case requires).

      (4)  

In dealing with an offender under sub-paragraph (2)(b), the appropriate

20

court must take into account the extent to which the offender has complied

with the requirements of the youth rehabilitation order.

      (5)  

A person sentenced under sub-paragraph (2)(b) for an offence may appeal

to the Crown Court against the sentence.

      (6)  

No application may be made by the offender under sub-paragraph (1) while

25

an appeal against the youth rehabilitation order is pending.

      (7)  

If an application under sub-paragraph (1) relating to a youth rehabilitation

order is dismissed, then during the period of three months beginning with

the date on which it was dismissed no further such application may be made

in relation to the order by any person except with the consent of the

30

appropriate court.

      (8)  

In this paragraph, “the appropriate court” means—

(a)   

if the offender is aged under 18 when the application under sub-

paragraph (1) was made, a youth court acting in the local justice area

specified in the youth rehabilitation order, and

35

(b)   

if the offender is aged 18 or over at that time, a magistrates’ court

(other than a youth court) acting in that local justice area.

Revocation of order with or without re-sentencing: powers of Crown Court

12    (1)  

This paragraph applies where—

(a)   

a youth rehabilitation order is in force in respect of an offender,

40

(b)   

the order—

(i)   

was made by the Crown Court, and

(ii)   

does not contain a direction under paragraph 35 of Schedule

1, and

(c)   

the offender or the responsible officer makes an application to the

45

Crown Court under this sub-paragraph.

 
 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 4 — Amendment of order

151

 

      (2)  

If it appears to the Crown Court to be in the interests of justice to do so,

having regard to circumstances which have arisen since the youth

rehabilitation order was made, the Crown Court may—

(a)   

revoke the order, or

(b)   

both—

5

(i)   

revoke the order, and

(ii)   

deal 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)  

The circumstances in which a youth rehabilitation order may be revoked

10

under sub-paragraph (2) include the offender’s making good progress or

responding satisfactorily to supervision or treatment (as the case requires).

      (4)  

In dealing with an offender under sub-paragraph (2)(b), the Crown Court

must take into account the extent to which the offender has complied with

the youth rehabilitation order.

15

      (5)  

No application may be made by the offender under sub-paragraph (1) while

an appeal against the youth rehabilitation order is pending.

      (6)  

If an application under sub-paragraph (1) relating to a youth rehabilitation

order is dismissed, then during the period of three months beginning with

the date on which it was dismissed no further such application may be made

20

in relation to the order by any person except with the consent of the Crown

Court.

Part 4

Amendment of order

Amendment by appropriate court

25

13    (1)  

This paragraph applies where—

(a)   

a youth rehabilitation order is in force in respect of an offender,

(b)   

the order—

(i)   

was made by a youth court or other magistrates’ court, or

(ii)   

was made by the Crown Court and contains a direction

30

under paragraph 35 of Schedule 1, and

(c)   

an application for the amendment of the order is made to the

appropriate court by the offender or the responsible officer.

      (2)  

If the appropriate court is satisfied that the offender proposes to reside, or is

residing, in a local justice area (“the new local justice area”) other than the

35

local justice area for the time being specified in the order, the court—

(a)   

must, if the application under sub-paragraph (1)(c) was made by the

responsible officer, or

(b)   

may, in any other case,

           

amend the youth rehabilitation order by substituting the new local justice

40

area for the area specified in the order.

      (3)  

Sub-paragraph (2) is subject to paragraph 15.

      (4)  

The appropriate court may by order amend the youth rehabilitation order—

(a)   

by cancelling any of the requirements of the order, or

 
 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 4 — Amendment of order

152

 

(b)   

by replacing any of those requirements with a requirement of the

same kind which could have been included in the order when it was

made.

      (5)  

Sub-paragraph (4) is subject to paragraph 16.

      (6)  

In this paragraph, “the appropriate court” means—

5

(a)   

if the offender is aged under 18 when the application under sub-

paragraph (1) was made, a youth court acting in the local justice area

specified in the youth rehabilitation order, and

(b)   

if the offender is aged 18 or over at that time, a magistrates’ court

(other than a youth court) acting in that local justice area.

10

Amendment by Crown Court

14    (1)  

This paragraph applies where—

(a)   

a youth rehabilitation order is in force in respect of an offender,

(b)   

the order—

(i)   

was made by the Crown Court, and

15

(ii)   

does not contain a direction under paragraph 35 of Schedule

1, and

(c)   

an application for the amendment of the order is made to the Crown

Court by the offender or the responsible officer.

      (2)  

If the Crown Court is satisfied that the offender proposes to reside, or is

20

residing, in a local justice area (“the new local justice area”) other than the

local justice area for the time being specified in the order, the court—

(a)   

must, if the application under sub-paragraph (1)(c) was made by the

responsible officer, or

(b)   

may, in any other case,

25

           

amend the youth rehabilitation order by substituting the new local justice

area for the area specified in the order.

      (3)  

Sub-paragraph (2) is subject to paragraph 15.

      (4)  

The Crown Court may by order amend the youth rehabilitation order—

(a)   

by cancelling any of the requirements of the order, or

30

(b)   

by replacing any of those requirements with a requirement of the

same kind which could have been included in the order when it was

made.

      (5)  

Sub-paragraph (4) is subject to paragraph 16.

Exercise of powers under paragraph 13(2) or 14(2): further provisions

35

15    (1)  

In sub-paragraphs (2) and (3), “specific area requirement”, in relation to a

youth rehabilitation order, means a requirement contained in the order

which, in the opinion of the court, cannot be complied with unless the

offender continues to reside in the local justice area specified in the youth

rehabilitation order.

40

      (2)  

A court may not under paragraph 13(2) or 14(2) amend a youth

rehabilitation order which contains specific area requirements unless, in

accordance with paragraph 13(4) or, as the case may be, 14(4), it either—

(a)   

cancels those requirements, or

 
 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 4 — Amendment of order

153

 

(b)   

substitutes for those requirements other requirements which can be

complied with if the offender resides in the new local justice area

mentioned in paragraph 13(2) or (as the case may be) 14(2).

      (3)  

If—

(a)   

the application under paragraph 13(1)(c) or 14(1)(c) was made by the

5

responsible officer, and

(b)   

the youth rehabilitation order contains specific area requirements,

           

the court must, unless it considers it inappropriate to do so, so exercise its

powers under paragraph 13(4) or, as the case may be, 14(4) that it is not

prevented by sub-paragraph (2) from amending the order under paragraph

10

13(2) or, as the case may be, 14(2).

      (4)  

The court may not under paragraph 13(2) or, as the case may be, 14(2) amend

a youth rehabilitation order imposing a programme requirement unless the

court is satisfied that a programme which—

(a)   

corresponds as nearly as practicable to the programme specified in

15

the order for the purposes of that requirement, and

(b)   

is suitable for the offender,

           

is available in the new local justice area.

Exercise of powers under paragraph 13(4) or 14(4): further provisions

16    (1)  

Any requirement imposed under paragraph 13(4)(b) or 14(4)(b) must be

20

capable of being complied with before the date specified under paragraph

31(1) of Schedule 1.

      (2)  

Where—

(a)   

a youth rehabilitation order imposes a fostering requirement (the

“original requirement”), and

25

(b)   

under paragraph 13(4)(b) or 14(4)(b) a court proposes to substitute a

new 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

30

date on which the original requirement first had effect were a reference to

the period of 18 months beginning with that date.

      (3)  

The court may not under paragraph 13(4) or 14(4) impose—

(a)   

a mental health treatment requirement,

(b)   

a drug treatment requirement, or

35

(c)   

a drug testing requirement,

           

unless the offender has expressed willingness to comply with the

requirement.

      (4)  

If an offender fails to express willingness to comply with a mental health

treatment requirement, a drug treatment requirement or a drug testing

40

requirement which the court proposes to impose under paragraph 13(4) or

14(4), the court may—

(a)   

revoke the youth rehabilitation order, and

(b)   

deal with the offender, for the offence in respect of which the order

was made, in any way in which that court could have dealt with the

45

offender for that offence (had the offender been before that court to

be dealt with for it).

 
 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 5 — Powers of court in relation to order following subsequent conviction

154

 

      (5)  

In dealing with the offender under sub-paragraph (4)(b), the court must take

into account the extent to which the offender has complied with the order.

Extension of unpaid work requirement

17         

Where—

(a)   

a youth rehabilitation order imposing an unpaid work requirement

5

is in force in respect of an offender, and

(b)   

on the application of the offender or the responsible officer, it

appears to the appropriate court that it would be in the interests of

justice to do so having regard to circumstances which have arisen

since the order was made,

10

           

the court may, in relation to the order, extend the period of 12 months

specified in paragraph 10(6) of Schedule 1.

Part 5

Powers of court in relation to order following subsequent conviction

Powers of magistrates’ court following subsequent conviction

15

18    (1)  

This paragraph applies where—

(a)   

a youth rehabilitation order is in force in respect of an offender, and

(b)   

the offender is convicted of an offence (the “further offence”) by a

youth court or other magistrates’ court (“the convicting court”).

      (2)  

Sub-paragraphs (3) and (4) apply where—

20

(a)   

the youth rehabilitation order—

(i)   

was made by a youth court or other magistrates’ court, or

(ii)   

was made by the Crown Court and contains a direction

under paragraph 35 of Schedule 1, and

(b)   

the convicting court is dealing with the offender for the further

25

offence.

      (3)  

The convicting court may revoke the order.

      (4)  

Where the convicting court revokes the order under sub-paragraph (3), it

may deal with the offender, for the offence in respect of which the order was

made, in any way in which it could have dealt with the offender for that

30

offence (had the offender been before that court to be dealt with for the

offence).

      (5)  

The convicting court may not exercise its powers under sub-paragraph (3) or

(4) unless it considers that it would be in the interests of justice to do so,

having regard to circumstances which have arisen since the youth

35

rehabilitation order was made.

      (6)  

In dealing with an offender under sub-paragraph (4), the sentencing court

must take into account the extent to which the offender has complied with

the order.

      (7)  

A person sentenced under sub-paragraph (4) for an offence may appeal to

40

the Crown Court against the sentence.

      (8)  

Sub-paragraph (9) applies where—

 
 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 5 — Powers of court in relation to order following subsequent conviction

155

 

(a)   

the youth rehabilitation order was made by the Crown Court and

contains a direction under paragraph 35 of Schedule 1, and

(b)   

the convicting court would, but for that sub-paragraph, deal with the

offender for the further offence.

      (9)  

The convicting court may, instead of proceeding under sub-paragraph (3)—

5

(a)   

commit the offender in custody, or

(b)   

release the offender on bail,

           

until the offender can be brought before the Crown Court.

     (10)  

Sub-paragraph (11) applies if the youth rehabilitation order was made by the

Crown court and does not contain a direction under paragraph 35 of

10

Schedule 1.

     (11)  

The convicting court may—

(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.

15

     (12)  

Where the convicting court deals with an offender’s case under sub-

paragraph (9) or (11), it must send to the Crown Court such particulars of the

case as may be desirable.

Powers of Crown Court following subsequent conviction

19    (1)  

This paragraph applies where—

20

(a)   

a youth rehabilitation order is in force in respect of an offender, and

(b)   

the offender—

(i)   

is convicted by the Crown Court of an offence, or

(ii)   

is brought or appears before the Crown Court by virtue of

paragraph 18(9) or (11) or having been committed by the

25

magistrates’ court to the Crown Court for sentence.

      (2)  

The Crown Court may revoke the order.

      (3)  

Where the Crown Court revokes the order under sub-paragraph (2), the

Crown Court may deal with the offender, for the offence in respect of which

the order was made, in any way in which the court which made the order

30

could have dealt with the offender for that offence.

      (4)  

The Crown Court must not exercise its powers under sub-paragraph (2) or

(3) unless it considers that it would be in the interests of justice to do so,

having regard to circumstances which have arisen since the youth

rehabilitation order was made.

35

      (5)  

In dealing with an offender under sub-paragraph (3), the Crown Court must

take into account the extent to which the offender has complied with the

order.

      (6)  

If the offender is brought or appears before the Crown Court by virtue of

paragraph 18(9) or (11), the Crown Court may deal with the offender for the

40

further offence in any way which the convicting court could have dealt with

the offender for that offence.

      (7)  

In sub-paragraph (6), “further offence” and “the convicting court” have the

same meanings as in paragraph 18.

 
 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 6 — Supplementary

156

 

Part 6

Supplementary

Appearance of offender before court

20    (1)  

Subject to sub-paragraph (2), where, otherwise than on the application of the

offender, a court proposes to exercise its powers under Part 3, 4 or 5 of this

5

Schedule, the court—

(a)   

must summon the offender to appear before the court, and

(b)   

if the offender does not appear in answer to the summons, may issue

a warrant for the offender’s arrest.

      (2)  

Sub-paragraph (1) does not apply where a court proposes to make an

10

order—

(a)   

revoking a youth rehabilitation order,

(b)   

cancelling, or reducing the duration of, a requirement of a youth

rehabilitation order, or

(c)   

substituting a new local justice area or place for one specified in a

15

youth rehabilitation order.

Warrants

21    (1)  

Sub-paragraph (2) applies where an offender is arrested in pursuance of a

warrant issued by virtue of this Schedule and cannot be brought

immediately before the court before which the warrant directs the offender

20

to be brought (“the relevant court”).

      (2)  

The person in whose custody the offender is—

(a)   

may make arrangements for the offender’s detention in a place of

safety for a period of not more than 72 hours from the time of the

arrest, and

25

(b)   

must within that period bring the offender before a magistrates’

court.

      (3)  

In the case of a warrant issued by the Crown Court, section 81(5) of the

Supreme Court Act 1981 (c. 54) (duty to bring person before magistrates’

court) does not apply.

30

      (4)  

A person who is detained under arrangements made under sub-paragraph

(2)(a) is deemed to be in legal custody.

      (5)  

In sub-paragraph (2)(a) “place of safety” has the same meaning as in the

Children and Young Persons Act 1933.

      (6)  

Sub-paragraphs (7) to (10) apply where, under sub-paragraph (2), the

35

offender is brought before a court (“the alternative court”) which is not the

relevant court.

      (7)  

If the relevant court is a magistrates’ court—

(a)   

the alternative court may—

(i)   

direct that the offender be released forthwith, or

40

(ii)   

remand the offender, and

(b)   

for the purposes of paragraph (a), section 128 of the Magistrates’

Courts Act 1980 (c. 43) (remand in custody or on bail) has effect as if

 
 

 
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