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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 6 — Supplementary

157

 

the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the

relevant court.

      (8)  

If the relevant court is the Crown Court, section 43A of that Act (functions of

magistrates’ court where a person in custody is brought before it with a view

to appearance before the Crown Court) applies as if, in subsection (1)—

5

(a)   

the words “issued by the Crown Court” were omitted, and

(b)   

the reference to section 81(5) of the Supreme Court Act 1981 (c. 54)

were a reference to sub-paragraph (2)(b).

      (9)  

Any power to remand the offender in custody which is conferred by section

43A or 128 of the Magistrates’ Courts Act 1980 (c. 43) is to be taken to be a

10

power—

(a)   

if the offender is aged under 18, to remand the offender to

accommodation provided by or on behalf of a local authority, and

(b)   

in any other case, to remand the offender to a prison.

     (10)  

Where the court remands the offender to accommodation provided by or on

15

behalf of a local authority, the court must designate, as the authority which

is to receive the offender, the local authority for the area in which it appears

to the court that the offender resides.

Adjournment of proceedings

22    (1)  

This paragraph applies to any hearing relating to an offender held by a

20

youth court or other magistrates’ court in any proceedings under this

Schedule.

      (2)  

The court may adjourn the hearing, and, where it does so, may—

(a)   

direct that the offender be released forthwith, or

(b)   

remand the offender.

25

      (3)  

Where the court remands the offender under sub-paragraph (2)—

(a)   

it must fix the time and place at which the hearing is to be resumed,

and

(b)   

that time and place must be the time and place at which the offender

is required to appear or be brought before the court by virtue of the

30

remand.

      (4)  

Where the court adjourns the hearing under sub-paragraph (2) but does not

remand the offender—

(a)   

it may fix the time and place at which the hearing is to be resumed,

but

35

(b)   

if it does not do so, must not resume the hearing unless it is satisfied

that the offender, the responsible officer and, if the offender is aged

under 14, a parent or guardian of the offender have had adequate

notice of the time and place of the resumed hearing.

      (5)  

The powers of a magistrates’ court under this paragraph may be exercised

40

by a single justice of the peace, notwithstanding anything in the Magistrates’

Courts Act 1980.

      (6)  

This paragraph—

(a)   

applies to any hearing in any proceedings under this Schedule in

place of section 10 of the Magistrates’ Courts Act 1980 (adjournment

45

of trial) where that section would otherwise apply, but

 
 

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

158

 

(b)   

is not to be taken to affect the application of that section to hearings

of any other description.

Restrictions on imposition of intensive supervision and surveillance or fostering

23         

Subsection (4), and the provisions mentioned in subsection (6), of section 1

apply in relation to a power conferred by paragraph 6(2)(b), 8(2)(b), 13(4)(b)

5

or 14(4)(b) to impose a requirement as they apply in relation to any power

conferred by section 1 or Part 1 of Schedule 1 to make a youth rehabilitation

order which includes such a requirement.

Provision of copies of orders etc.

24    (1)  

Where a court makes an order under this Schedule revoking or amending a

10

youth rehabilitation order, the proper officer of the court must forthwith—

(a)   

provide copies of the revoking or amending order to the offender

and, if the offender is aged under 14, to the offender’s parent or

guardian,

(b)   

provide a copy of the revoking or amending order to the responsible

15

officer,

(c)   

in the case of an amending order which substitutes a new local justice

area, provide copies of the amending order to—

(i)   

the local probation board acting for that area, and

(ii)   

the magistrates’ court acting in that area,

20

(d)   

in the case of an amending order which imposes or cancels a

requirement specified in the first column of the Table in paragraph

33(4) of Schedule 1, provide a copy of so much of the amending order

as relates to that requirement to the person specified in relation to

that requirement in the second column of that Table,

25

(e)   

in the case of an order which revokes a requirement specified in the

first column of that Table, provide a copy of the revoking order to the

person specified in relation to that requirement in the second column

of that Table, and

(f)   

if the court is a magistrates’ court acting in a local justice area other

30

than the area specified in the youth rehabilitation order, provide a

copy of the revoking or amending order to a magistrates’ court

acting in the local justice area specified in the order.

      (2)  

Where under sub-paragraph (1)(c) the proper officer of the court provides a

copy of an amending order to a magistrates’ court acting in a different area,

35

the officer must also provide to that court such documents and information

relating to the case as appear likely to be of assistance to a court acting in that

area in the exercise of its functions in relation to the order.

      (3)  

In this paragraph “proper officer” means—

(a)   

in relation to a magistrates’ court, the designated officer for the court,

40

and

(b)   

in relation to the Crown Court, the appropriate officer.

Power to amend maximum period of fostering requirement

25         

The Secretary of State may by order amend paragraph 6(9), 8(9) or 16(2) by

substituting, for—

45

(a)   

the period of 18 months specified in the provision, or

 
 

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

159

 

(b)   

any other period which may be so specified by virtue of a previous

order under this paragraph,

           

such other period as may be specified in the order.

Schedule 3

Section 3

 

Transfer of youth rehabilitation orders to Northern Ireland

5

Part 1

Making or amendment of a youth rehabilitation order where offender resides

or proposes to reside in Northern Ireland

Making of youth rehabilitation order where offender resides or will reside in Northern Ireland

1     (1)  

This paragraph applies where a court considering the making of a youth

10

rehabilitation order is satisfied that the offender—

(a)   

resides in Northern Ireland, or

(b)   

will reside there when the order takes effect.

      (2)  

The court may not make a youth rehabilitation order in respect of the

offender unless it appears to the court that—

15

(a)   

in the case of an order imposing a requirement mentioned in sub-

paragraph (6), the conditions in sub-paragraphs (3), (4) and (5) are

satisfied, or

(b)   

in any other case, that the conditions in sub-paragraphs (3) and (4)

are satisfied.

20

      (3)  

The condition in this sub-paragraph is satisfied if the number of hours, days

or months in respect of which any requirement of the order is imposed is no

greater than the number of hours, days or months which may be imposed by

a court in Northern Ireland in respect of a similar requirement in the order

which the court proposes to specify as the corresponding order under

25

paragraph 3(b).

      (4)  

The condition in this sub-paragraph is satisfied if suitable arrangements for

the offender’s supervision can be made by the Probation Board for Northern

Ireland or any other body designated by the Secretary of State by order.

      (5)  

The condition in this sub-paragraph is satisfied in relation to an order

30

imposing a requirement mentioned in sub-paragraph (6) if—

(a)   

arrangements exist for persons to comply with such a requirement in

the petty sessions district in Northern Ireland in which the offender

resides, or will be residing when the order takes effect, and

(b)   

provision can be made for the offender to comply with the

35

requirement under those arrangements.

      (6)  

The requirements referred to in sub-paragraphs (2)(a) and (5) are—

(a)   

an activity requirement (including an extended activity

requirement);

(b)   

an unpaid work requirement;

40

(c)   

a programme requirement;

(d)   

an attendance centre requirement;

 
 

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

160

 

(e)   

a mental health treatment requirement;

(f)   

a drug treatment requirement;

(g)   

a drug testing requirement;

(h)   

an education requirement;

(i)   

an electronic monitoring requirement.

5

      (7)  

The court may not by virtue of this paragraph require a local authority

residence requirement or a fostering requirement to be complied with in

Northern Ireland.

Amendment of youth rehabilitation order where offender resides or proposes to reside in

Northern Ireland

10

2     (1)  

This paragraph applies where the appropriate court for the purposes of

paragraph 13(2) of Schedule 2 (amendment by reason of change of

residence) or the Crown Court is satisfied that an offender in respect of

whom a youth rehabilitation order is in force is residing or proposes to

reside in Northern Ireland.

15

      (2)  

The power of the court to amend the order under Part 4 of Schedule 2

includes power to amend it by requiring it to be complied with in Northern

Ireland if it appears to the court that—

(a)   

in the case of an order which once amended will impose a

requirement mentioned in sub-paragraph (6), that the conditions in

20

sub-paragraphs (3), (4) and (5) are satisfied, or

(b)   

in any other case, that the conditions in sub-paragraphs (3) and (4)

are satisfied.

      (3)  

The condition in this sub-paragraph is satisfied if the number of hours, days

or months in respect of which any requirement of the order is imposed is no

25

greater than the number of hours, days or months which may be imposed by

a court in Northern Ireland in respect of a similar requirement in the order

which the court proposes to specify as the corresponding order under

paragraph 3(b).

      (4)  

The condition in this sub-paragraph is satisfied if suitable arrangements for

30

the offender’s supervision can be made by the Probation Board for Northern

Ireland or any other body designated by the Secretary of State by order.

      (5)  

The condition in this sub-paragraph is satisfied in relation to an order that

will impose a requirement mentioned in sub-paragraph (6) if—

(a)   

arrangements exist for persons to comply with such a requirement in

35

the petty sessions district in Northern Ireland in which the offender

resides, or will be residing when the amendment to the order takes

effect, and

(b)   

provision can be made for the offender to comply with the

requirement under those arrangements.

40

      (6)  

The requirements referred to in sub-paragraphs (2)(a) and (5) are—

(a)   

an activity requirement (including an extended activity

requirement);

(b)   

an unpaid work requirement;

(c)   

a programme requirement;

45

(d)   

an attendance centre requirement;

(e)   

a mental health treatment requirement;

 
 

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

161

 

(f)   

a drug treatment requirement;

(g)   

a drug testing requirement;

(h)   

an education requirement;

(i)   

an electronic monitoring requirement.

      (7)  

The court may not by virtue of this paragraph require a local authority

5

residence requirement or a fostering requirement to be complied with in

Northern Ireland.

Further provisions regarding the making or amending of youth rehabilitation orders under

paragraphs 1 or 2

3          

A youth rehabilitation order made or amended in accordance with

10

paragraph 1 or 2 must—

(a)   

specify the petty sessions district in Northern Ireland in which the

offender resides or will be residing when the order or amendment

takes effect, and

(b)   

specify as the corresponding order for the purposes of this Schedule

15

an order that may be made by a court in Northern Ireland,

           

and paragraph 32 of Schedule 1 (local justice area to be specified in order)

does not apply in relation to an order so made or amended.

4     (1)  

Before making or amending a youth rehabilitation order in accordance with

paragraph 1 or 2, the court must explain to the offender in ordinary

20

language—

(a)   

the requirements of the legislation in Northern Ireland relating to the

order to be specified under paragraph 3(b),

(b)   

the powers of the home court under that legislation, as modified by

Part 2 of this Schedule, and

25

(c)   

its own powers under Part 2 of this Schedule.

      (2)  

The court which makes or amends the order must—

(a)   

provide the persons mentioned in sub-paragraph (3) with a copy of

the order as made or amended, and

(b)   

provide the home court with such other documents and information

30

relating to the case as it considers likely to be of assistance to that

court;

           

and sub-paragraphs (3) to (3) of paragraph 33 of Schedule 1 (provision of

copies of orders) do not apply.

      (3)  

The persons referred to in sub-paragraph (2)(a) are—

35

(a)   

the offender,

(b)   

where the offender is aged under 14—

(i)   

the offender’s parent or guardian, or

(ii)   

if an authority in Northern Ireland has parental

responsibility for, and is looking after, the offender, the

40

authority,

(c)   

the body which is to make suitable arrangements for the offender’s

supervision under the order, and

(d)   

the home court.

      (4)  

In sub-paragraph (3)(b)(ii)—

45

(a)   

“authority” has the meaning given by Article 2 of the Children

(Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

 
 

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

162

 

(b)   

references to an offender who is looked after by an authority are to

be construed in accordance with Article 25 of that Order, and

(c)   

“parental responsibility” has the same meaning as in that Order.

      (5)  

In this paragraph, “home court” has the meaning given by paragraph 8.

Modifications to Part 1

5

5     (1)  

Where a court is considering the making or amendment of a youth

rehabilitation order by virtue of paragraph 1 or 2, Part 1 of this Act (youth

rehabilitation orders) has effect subject to the following modifications.

      (2)  

The following provisions of Schedule 1 are omitted—

(a)   

in paragraph 8(3)(a) (activity requirement: further provisions), the

10

words “a member of a youth offending team or”,

(b)   

paragraphs 8(3)(c), 10(3)(b) and 12(3)(a) (availability of

arrangements in local area: activity requirement, unpaid work

requirement and attendance centre requirement),

(c)   

paragraph 16(7) (residence requirement: restriction on requiring

15

residence at hostel or institution), and

(d)   

paragraphs 18(7), 22(4)(a), 23(3)(a) and 25(6) and (7) (availability of

arrangements in local area: fostering requirement, drug treatment

and testing requirements and electronic monitoring requirement).

      (3)  

In paragraph 12 of Schedule 1 (attendance centre requirement) any reference

20

to an attendance centre has effect as a reference to an attendance centre as

defined by Article 50(1) of the Criminal Justice (Children) (Northern Ireland)

Order 1998 (S.I. 1998/1504 (N.I. 9)).

      (4)  

In paragraph 20 of that Schedule (mental health treatment requirement), for

sub-paragraph (2)(a) there is substituted—

25

“(a)   

treatment as a resident patient at such hospital as may be

specified in the order, being a hospital within the meaning

of the Health and Personal Social Services (Northern

Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)), approved by

the Department of Health, Social Services and Public

30

Safety for the purposes of paragraph 4(3) of Schedule 1 to

the Criminal Justice (Northern Ireland) Order 1996 (S.I.

1996/3160 (N.I. 24));”.

      (5)  

In paragraphs 24 (education requirement) and 33(4) (additional persons to

whom court must give a copy of the order) of that Schedule, any reference

35

to a local education authority (except in sub-paragraph (6) of paragraph 24)

has effect as a reference to an Education and Library Board established

under Article 3 of the Education and Libraries (Northern Ireland) Order 1986

(S.I. 1986/594 (N.I. 3)).

      (6)  

In paragraph 25 of that Schedule (electronic monitoring requirements:

40

common provisions) sub-paragraph (5) is omitted.

      (7)  

Paragraph 35 of that Schedule has effect as if it required the Crown Court,

where it makes a direction under that paragraph, to specify the youth court

or other magistrates’ court in England and Wales which is to be the relevant

court in England or Wales for the purposes of Part 2 of this Schedule.

45

      (8)  

Any reference to the responsible officer has effect as a reference to the person

who is to be responsible for the offender’s supervision under the order.

 
 

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 2 — Provisions relating to an order made or amended under Part 1

163

 

Meaning of “supervision”

6          

In this Part of this Schedule “supervision”, in relation to a youth

rehabilitation order which a court is considering making or amending in

accordance with paragraph 1 or 2, means the performance of supervisory,

enforcement and other related functions conferred by the legislation which

5

has effect in Northern Ireland relating to corresponding orders of the kind

which the court proposes to specify under paragraph 3(b).

Part 2

Provisions relating to an order made or amended under Part 1

Application of this Part

10

7          

This Part of this Schedule applies where a youth rehabilitation order is made

or amended in accordance with Part 1 of this Schedule.

Interpretation

8          

In this Part of this Schedule, in relation to the youth rehabilitation order—

“corresponding order” means the order specified under paragraph

15

3(b);

“home court” means—

(a)   

the court of summary jurisdiction acting for the petty

sessions district in Northern Ireland in which the offender

resides or proposes to reside, or

20

(b)   

where the youth rehabilitation order was made or amended

by the Crown Court and the Crown Court in Northern

Ireland has not made a direction under paragraph 11, the

Crown Court in Northern Ireland;

“supervision” means the performance of supervisory, enforcement and

25

other related functions conferred by the legislation which has effect

in Northern Ireland relating to the corresponding order;

“the relevant court in England or Wales” means—

(a)   

the court in England and Wales which made or which last

amended the order, or

30

(b)   

if the order was made by the Crown Court and includes a

direction under paragraph 35 of Schedule 1, such youth court

or other magistrates’ court as may be specified in the order;

“the relevant officer” means the person responsible for the offender’s

supervision under the order.

35

Effect of the youth rehabilitation order in Northern Ireland

9     (1)  

The youth rehabilitation order is to be treated in Northern Ireland as if it

were a corresponding order and the legislation which has effect in Northern

Ireland in relation to such orders applies accordingly.

      (2)  

Sub-paragraph (1) is subject to paragraphs 12 to 16.

40

 
 

 
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