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 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 2 — Provisions relating to an order made or amended under Part 1
164

Duty of offender to keep in touch with relevant officer
10
In section 5(5) (duty of offender to keep in touch with responsible officer),
references to the responsible officer are to be read as references to the
relevant officer.
Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before
5
a court of summary jurisdiction
11
Where the youth rehabilitation order was made or amended by the Crown
Court, the Crown Court in Northern Ireland may direct that any
proceedings in Northern Ireland in relation to the order be before the court
of summary jurisdiction acting for the petty sessions district in which the
10
offender resides or proposes to reside.
Powers of the home court in respect of the youth rehabilitation order
12
The home court may exercise in relation to the youth rehabilitation order
any power which it could exercise in relation to a corresponding order made
by a court in Northern Ireland, by virtue of the legislation relating to such
15
orders which has effect there, except the following—
(a)
any power to discharge or revoke the order (other than a power to
revoke the order where the offender has been convicted of a further
offence and the court has imposed a custodial sentence),
(b)
any power to deal with the offender for the offence in respect of
20
which the order was made, and
(c)
in the case of a youth rehabilitation order imposing a curfew
requirement, any power to vary the order by substituting for the
period specified in it any longer period than the court which made
the order could have specified.
25
13    (1)
The home court may require the offender to appear before the relevant court
in England or Wales if sub-paragraph (2) or (3) applies.
      (2)
This sub-paragraph applies where it appears to the home court upon a
complaint being made to a lay magistrate acting for the petty sessions
district for the time being specified in the order that the offender has failed
30
to comply with one or more requirements of the order.
      (3)
This sub-paragraph applies where it appears to the home court, on the
application of the offender or the relevant officer, that it would be in the
interests of justice for a power conferred by any of paragraphs 11 to 14 of
Schedule 2 to be exercised.
35
14
Where an offender is required by virtue of paragraph 13 to appear before the
relevant court in England or Wales—
(a)
the home court must send to that court a certificate certifying that the
offender has failed to comply with such of the requirements of the
order as may be specified in the certificate, together with such other
40
particulars of the case as may be desirable, and
(b)
a certificate purporting to be signed by the clerk of the home court
(or, if the home court is the Crown Court in Northern Ireland, by the
chief clerk) is admissible as evidence of the failure before the relevant
court in England or Wales.
45

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
165

Powers of court in England or Wales before which the offender is required to appear
15
Where an offender is required by virtue of paragraph 13 to appear before the
relevant court in England or Wales, that court may—
(a)
issue a warrant for the offender’s arrest, and
(b)
exercise any power which it could exercise in respect of the youth
5
rehabilitation order if the offender resided in England or Wales,

and any enactment relating to the exercise of such powers has effect
accordingly, and with any reference to the responsible officer being read as
a reference to the relevant officer.
16    (1)
Paragraph 15(b) does not enable the relevant court in England or Wales to
10
amend the youth rehabilitation order unless it appears to the court that the
conditions in paragraph 2(2)(a) and (b) are satisfied in relation to any
requirement to be imposed.
      (2)
The preceding paragraphs of this Schedule have effect in relation to the
amendment of the youth rehabilitation order by virtue of paragraph 15(b) as
15
they have effect in relation to the amendment of such an order by virtue of
paragraph 2(2).
Power to amend provisions of Schedule in consequence of changes to the law in Northern
Ireland
17    (1)
This paragraph applies where a change is made to the law in Northern
20
Ireland adding further descriptions of orders to the kinds of orders which a
court in that jurisdiction may impose in dealing with an offender aged under
18 at the time of conviction.
      (2)
The Secretary of State may by order make such amendments to any of the
preceding provisions of this Schedule as appear expedient in consequence of
25
the change.
Schedule 4
Section 6

Youth rehabilitation orders: consequential and related amendments
Part 1
Consequential amendments
30
Children and Young Persons Act 1933 (c. 12)
1
The Children and Young Persons Act 1933 has effect subject to the following
amendments.
2     (1)
Section 34 (attendance at court of parent of child or young person charged
with an offence, etc.) is amended as follows.
35
      (2)
In subsection (7), omit “section 163 of the Powers of Criminal Courts
(Sentencing) Act 2000 or”.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
166

      (3)
After subsection (7A) insert—
“(7B)
If it appears that at the time of his arrest a youth rehabilitation order,
as defined in Part 1 of the Criminal Justice and Immigration Act 2008,
is in force in respect of him, the responsible officer, as defined in
section 4 of that Act, shall also be informed as described in subsection
5
(3) above as soon as it is reasonably practicable to do so.”
3     (1)
Section 49 (restrictions on reports of proceedings in which children or young
persons are concerned) is amended as follows.
      (2)
In subsection (2), for paragraphs (c) and (d) substitute—
“(c)
proceedings in a magistrates’ court under Schedule 2 to the
10
Criminal Justice and Immigration Act 2008 (proceedings for
breach, revocation or amendment of youth rehabilitation
orders);
(d)
proceedings on appeal from a magistrates’ court arising out
of any proceedings mentioned in paragraph (c) (including
15
proceedings by way of case stated).”
      (3)
In subsection (4A), omit paragraph (d) (but not the word “or” immediately
following it).
      (4)
In subsection (10), for the words from “Schedule 7” to “supervision orders)”
substitute the words “Schedule 2 to the Criminal Justice and Immigration
20
Act 2008 (proceedings for breach, revocation or amendment of youth
rehabilitation orders)”.
      (5)
In subsection (13), omit paragraph (c)(i).
Criminal Appeal Act 1968 (c. 19)
4
In section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in
25
other cases dealt with at assizes or quarter sessions), for paragraph (b)
substitute—
“(b)
having been given a suspended sentence or made the subject
of—
(i)
an order for conditional discharge,
30
(ii)
a youth rehabilitation order within the meaning of
Part 1 of the Criminal Justice and Immigration Act
2008, or
(iii)
a community order within the meaning of Part 12 of
the Criminal Justice Act 2003,
35

appears or is brought before the Crown Court to be further
dealt with for the offence.”
Firearms Act 1968 (c. 27)
5
The Firearms Act 1968 has effect subject to the following amendments.
6
In section 21(3ZA)(a) (possession of firearms by persons previously
40
convicted of crime), after “2003”, insert “, or a youth rehabilitation order
within the meaning of Part 1 of the Criminal Justice and Immigration Act
2008,”.
7
In section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of
certificate by convicting court), after “2003”, insert “, or a youth
45

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
167

rehabilitation order within the meaning of Part 1 of the Criminal Justice and
Immigration Act 2008,”.
Health Services and Public Health Act 1968 (c. 46)
8
The Health Services and Public Health Act 1968 has effect subject to the
following amendments.
5
9
In section 64(3)(a) (financial assistance by the Secretary of State to certain
voluntary organisations)—
(a)
in paragraph (xxi) of the definition of “the relevant enactments”, for
“sections 63 to 66 and 92 of, and Schedules 6 and 7 to,” substitute
“section 92 of”, and
10
(b)
after that paragraph, insert—
“(xxii)
Part 1 of the Criminal Justice and Immigration Act
2008;”.
10
In section 65(3)(b) (financial and other assistance by local authorities to
certain voluntary organisations), for paragraph (xxii) of the definition of
15
“relevant enactments” substitute—
“(xxii)
Part 1 of the Criminal Justice and Immigration Act 2008;”.
Social Work (Scotland) Act 1968 (c. 49)
11
The Social Work (Scotland) Act 1968 has effect subject to the following
amendments.
20
12
In section 86(3) (adjustments between authority providing accommodation
etc, and authority of area of residence) after “supervision order” insert “,
youth rehabilitation order”.
13
In section 94(1) (interpretation)—
(a)
for the definition of “probation order” substitute—
25
““probation order”, in relation to an order imposed by a
court in Northern Ireland, has the same meaning as in
the Criminal Justice (Northern Ireland) Order 1996,”,
(b)
in the definition of “supervision order”, omit “the Powers of
Criminal Courts (Sentencing) Act 2000 or”, and
30
(c)
at the end insert—
““youth rehabilitation order” means an order made
under section 1 of the Criminal Justice and
Immigration Act 2008.”
Children and Young Persons Act 1969 (c. 54)
35
14
The Children and Young Persons Act 1969 has effect subject to the following
amendments.
15
Section 25 (transfers between England or Wales and Northern Ireland)
ceases to have effect.
16    (1)
Section 26 (transfers between England or Wales and the Channel Islands or
40
Isle of Man) is amended as follows.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
168

      (2)
In subsection (1)(c), for the words from “supervision order” to “2000”
substitute “youth rehabilitation order imposing a local authority residence
requirement”.
      (3)
In subsection (2), for the words from “supervision order” to “2000”
substitute “youth rehabilitation order imposing a local authority residence
5
requirement”.
17    (1)
Section 32 (detention of absentees) is amended as follows.
      (2)
In subsection (1A)—
(a)
in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of
Criminal Courts (Sentencing) Act 2000” substitute “paragraph 21(2)
10
of Schedule 2 to the Criminal Justice and Immigration Act 2008”, and
(b)
for paragraph (b) substitute—
“(b)
from local authority accommodation—
(i)
in which he is required to live by virtue of a
youth rehabilitation order imposing a local
15
authority residence requirement (within the
meaning of Part 1 of the Criminal Justice and
Immigration Act 2008); or
(ii)
to which he has been remanded under
paragraph 21 of Schedule 2 to the Criminal
20
Justice and Immigration Act 2008; or
(iii)
to which he has been remanded or committed
under section 23(1) of this Act,”.
      (3)
For subsection (1C) substitute—
“(1C)
In this section “the responsible person” means, as the case may be—
25
(a)
the person who made the arrangements under paragraph
21(2) of Schedule 2 to the Criminal Justice and Immigration
Act 2008;
(b)
the authority specified under paragraph 17(5) of Schedule 1
to the Criminal Justice and Immigration Act 2008;
30
(c)
the authority designated under paragraph 21(10) of Schedule
2 to the Criminal Justice and Immigration Act 2008; or
(d)
the authority designated under section 23 of this Act.”
      (4)
After subsection (1C) insert—
“(1D)
If a child or young person—
35
(a)
is required to reside with a local authority foster parent by
virtue of a youth rehabilitation order with fostering, and
(b)
is absent, without the consent of the responsible officer
(within the meaning of Part 1 of the Criminal Justice and
Immigration Act 2008), from the place in which he is required
40
to reside,

he may be arrested by a constable anywhere in the United Kingdom
without a warrant.
(1E)
A person so arrested shall be conducted to—
(a)
the place where he is required to reside, or
45

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
169

(b)
such other place as the local authority specified under
paragraph 18(3) of Schedule 1 to the Criminal Justice and
Immigration Act 2008 may direct,

at that local authority’s expense.”
      (5)
In subsection (2), for “or (1A)” substitute “, (1A) or (1D)”.
5
      (6)
In subsection (2A), for the words from “mentioned in subsection” to “this
section is in premises” substitute “mentioned in subsection (1), (1A)(a) or
(b)(i) or (ii) or (1D) of this section is in premises”.
      (7)
In subsection (2B)—
(a)
after “subsection (1A)” insert “or (1D)”, and
10
(b)
at the end insert “or the responsible officer, as the case may be.”
      (8)
In subsection (3), for “or (1A)” substitute “, (1A) or (1D)”.
      (9)
In subsection (4), after “(1A)” insert “, (1D)”.
18
In section 70(1) (interpretation)—
(a)
omit the definition of “supervision order”,
15
(b)
after the definition of “local authority accommodation” insert—
““local authority residence requirement” has the same
meaning as in Part 1 of the Criminal Justice and
Immigration Act 2008;”, and
(c)
after the definition of “youth offending team” insert—
20
““youth rehabilitation order” and “youth rehabilitation
order with fostering” have the same meanings as in
Part 1 of the Criminal Justice and Immigration Act
2008 (see section 1 of that Act);”.
19
In section 73(4)(a) (provisions of section 32 extending to Scotland) for “to
25
(1C)” substitute “to (1E)”.
Rehabilitation of Offenders Act 1974 (c. 53)
20
The Rehabilitation of Offenders Act 1974 has effect subject to the following
amendments.
21
In section 5(5) (rehabilitation periods for particular sentences) after
30
paragraph (d) insert—
“(da)
a youth rehabilitation order under Part 1 of the Criminal
Justice and Immigration Act 2008;”.
22
In section 7(2) (limitations on rehabilitation under Act, etc.) for paragraph
(d) substitute—
35
“(d)
in any proceedings relating to the variation or discharge of a
youth rehabilitation order under Part 1 of the Criminal
Justice and Immigration Act 2008, or on appeal from any such
proceedings;”.
Bail Act 1976 (c. 63)
40
23
In section 4(3) of the Bail Act 1976 (general right to bail of accused persons
and others)—
(a)
omit the words “to be dealt with”, and

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
170

(b)
for paragraph (a), substitute—
“(a)
Schedule 2 to the Criminal Justice and Immigration
Act 2008 (breach, revocation or amendment of youth
rehabilitation orders), or”.
Magistrates’ Courts Act 1980 (c. 43)
5
24
In Schedule 6A to the Magistrates’ Courts Act 1980 (fines that may be altered
under section 143), omit the entries relating to Schedules 3, 5 and 7 to the
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
Contempt of Court Act 1981 (c. 49)
25
In section 14 of the Contempt of Court Act 1981 (proceedings in England and
10
Wales), omit the subsection (2A) inserted by the Criminal Justice Act 1982
(c. 48).
Criminal Justice Act 1982
26
Part 3 of Schedule 13 to the Criminal Justice Act 1982 (reciprocal
arrangements for transfer of community service orders from Northern
15
Ireland) has effect subject to the following amendments.
27    (1)
Paragraph 7 (transfer to England and Wales) is amended as follows.
      (2)
In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such
orders” substitute “an unpaid work requirement of a community order
under section 177 of the Criminal Justice Act 2003 or youth rehabilitation
20
order under section 1 of the Criminal Justice and Immigration Act 2008”.
      (3)
In sub-paragraph (2)(b)—
(a)
after “a community order” insert “or a youth rehabilitation order”,
and
(b)
omit “(within the meaning of Part 12 of the Criminal Justice Act
25
2003)”.
      (4)
In sub-paragraph (3)—
(a)
for “A community service order” substitute “An adult community
service order”, and
(b)
in paragraph (b)—
30
(i)
omit “within the meaning of Part 12 of the Criminal Justice
Act 2003”, and
(ii)
for “by that Part of that Act” substitute “by Part 12 of the
Criminal Justice Act 2003”.
      (5)
After sub-paragraph (3) insert—
35
    “(4)
A youth community service order made or amended in
accordance with this paragraph shall—
(a)
specify the local justice area in England or Wales in which
the offender resides or will be residing when the order or
the amendment comes into force; and
40
(b)
require—