Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
171

(i)
the local probation board for that area established
under section 4 of the Criminal Justice and Court
Services Act 2000, or
(ii)
a youth offending team established under section
39 of the Crime and Disorder Act 1998 by a local
5
authority for the area in which the offender resides
or will be residing when the order or amendment
comes into force,

to appoint or assign an officer of the board or, as the case
may be, a member of the team who will discharge in
10
respect of the order the functions in respect of youth
rehabilitation orders conferred on responsible officers by
Part 1 of the Criminal Justice and Immigration Act 2008.”
28    (1)
Paragraph 9 (general provision) is amended as follows.
      (2)
In sub-paragraph (3)—
15
(a)
in paragraph (a)—
(i)
for “a community service order” substitute “an adult
community service order”;
(ii)
omit “under section 177 of the Criminal Justice Act 2003”;
(iii)
for “of that Act” substitute “of the Criminal Justice Act 2003”,
20
and
(b)
before “and” at the end of that paragraph insert—
“(aa)
a youth community service order made or
amended in the circumstances specified in
paragraph 7 above shall be treated as if it were a
25
youth rehabilitation order made in England and
Wales and the provisions of Part 1 of the Criminal
Justice and Immigration Act 2008 shall apply
accordingly;”.
      (3)
In sub-paragraph (4)(a)—
30
(a)
after “community orders” insert “or youth rehabilitation orders”,
and
(b)
omit “(within the meaning of Part 12 of the Criminal Justice Act
2003)”.
      (4)
In sub-paragraph (5)—
35
(a)
after “community order” insert “or youth rehabilitation order”, and
(b)
omit “(within the meaning of Part 12 of the Criminal Justice Act
2003)”.
      (5)
In sub-paragraph (6)—
(a)
after “community orders” insert “or youth rehabilitation orders”,
40
(b)
omit “(within the meaning of Part 12 of the Criminal Justice Act
2003)”, and
(c)
in paragraph (b)(i), after “2003” insert “or, as the case may be, Part 1
of the Criminal Justice and Immigration Act 2008”.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
172

29
After that paragraph insert—
“Community service orders relating to persons residing in England and Wales:
interpretation
10
In paragraphs 7 and 9 above—
“adult community service order” means a community service
5
order made in respect of an offender who was aged at least
18 when convicted of the offence in respect of which the
order is made;
“community order” means an order made under section 177
of the Criminal Justice Act 2003;
10
“youth community service order” means a community
service order made in respect of an offender who was aged
under 18 when convicted of the offence in respect of which
the order is made;
“youth rehabilitation order” means an order made under
15
section 1 of the Criminal Justice and Immigration Act
2008.”
Mental Health Act 1983 (c. 20)
30
In section 37(8) of the Mental Health Act 1983 (powers of courts to order
hospital admission or guardianship)—
20
(a)
in paragraph (a), after “Criminal Justice Act 2003)” insert “or a youth
rehabilitation order (within the meaning of Part 1 of the Criminal
Justice and Immigration Act 2008)”, and
(b)
in paragraph (c), omit the words “a supervision order (within the
meaning of that Act) or”.
25
Child Abduction Act 1984 (c. 37)
31
In paragraph 2(1) of the Schedule to the Child Abduction Act 1984
(modifications of section 1 for children in certain cases)—
(a)
in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of
Criminal Courts (Sentencing) Act 2000” substitute “paragraph 21(2)
30
of Schedule 2 to the Criminal Justice and Immigration Act 2008”, and
(b)
in paragraph (b), after “1969” insert “or paragraph 21 of Schedule 2
to the Criminal Justice and Immigration Act 2008”.
Prosecution of Offences Act 1985 (c. 23)
32    (1)
Section 19 of the Prosecution of Offences Act 1985 (provision for orders as to
35
costs in other circumstances) is amended as follows.
      (2)
In subsection (3B)(b)(i), for the words from “in a community order” to “that
Act” substitute “a mental health treatment requirement in a community
order or youth rehabilitation order”.
      (3)
After subsection (3B) insert—
40
“(3C)
For the purposes of subsection (3B)(b)(i)—
“community order” has the same meaning as in Part 12 of the
Criminal Justice Act 2003;

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
173

“mental health treatment requirement” means—
(a)
in relation to a community order, a mental health
treatment requirement under section 207 of the
Criminal Justice Act 2003, and
(b)
in relation to a youth rehabilitation order, a mental
5
health treatment requirement under paragraph 20 of
Schedule 1 to the Criminal Justice and Immigration
Act 2008;
“youth rehabilitation order” has the same meaning as in Part 1
of the Criminal Justice and Immigration Act 2008.”
10
Children Act 1989 (c. 41)
33
The Children Act 1989 has effect subject to the following amendments.
34    (1)
Section 21 (provision of accommodation for children in police protection or
detention or on remand, etc.) is amended as follows.
      (2)
In subsection (2)(c)—
15
(a)
in sub-paragraph (i), omit “paragraph 7(5) of Schedule 7 to the
Powers of Criminal Courts (Sentencing) Act 2000 or” and “or” at the
end of that sub-paragraph, and
(b)
for sub-paragraph (ii), substitute—
“(ii)
remanded to accommodation provided by or
20
on behalf of a local authority by virtue of
paragraph 21 of Schedule 2 to the Criminal
Justice and Immigration Act 2008 (breach etc.
of youth rehabilitation orders); or
(iii)
the subject of a youth rehabilitation order
25
imposing a local authority residence
requirement or a youth rehabilitation order
with fostering,”.
      (3)
After subsection (2) insert—
“(2A)
In subsection (2)(c)(iii), the following terms have the same meanings
30
as in Part 1 of the Criminal Justice and Immigration Act 2008(see
section 7 of that Act)—

“local authority residence requirement”;

“youth rehabilitation order”;

“youth rehabilitation order with fostering”.”
35
35
In section 31(7)(b) (care and supervision orders), for sub-paragraph (ii)
substitute—
“(ii)
a youth rehabilitation order within the meaning of
Part 1 of the Criminal Justice and Immigration Act
2008; or”.
40
36
In section 105(6) (interpretation)—
(a)
in paragraph (b), omit from the words “or an” to the end of the
paragraph, and
(b)
after that paragraph insert—
“(ba)
in accordance with the requirements of a youth
45
rehabilitation order under Part 1 of the Criminal
Justice and Immigration Act 2008; or”.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
174

37    (1)
Part 3 of Schedule 3 (education supervision orders) is amended as follows.
      (2)
In paragraph 13(2), for paragraph (c) substitute—
“(c)
a youth rehabilitation order made under Part 1 of the
Criminal Justice and Immigration Act 2008 with respect to
the child, while the education supervision order is in force,
5
may not include an education requirement (within the
meaning of that Part);”.
      (3)
In paragraph 14—
(a)
in sub-paragraph (1), for “order under section 63(1) of the Powers of
Criminal Courts (Sentencing) Act 2000” substitute “youth
10
rehabilitation order (within the meaning of Part 1 of the Criminal
Justice and Immigration Act 2008)”, and
(b)
in sub-paragraph (2), after “direction” (in the second place it occurs)
insert “or instruction”.
38
In paragraph 3 of Schedule 8 (privately fostered children) for paragraph (a)
15
substitute—
“(a)
a youth rehabilitation order made under section 1 of the
Criminal Justice and Immigration Act 2008;”.
Criminal Justice Act 1991 (c. 53)
39
Part 3 of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation
20
orders from Northern Ireland to England and Wales) has effect subject to the
following amendments.
40    (1)
Paragraph 10 is amended as follows.
      (2)
In sub-paragraph (2)(b), for the words from “the local probation board” to
the end substitute “—
25
(i)
the local probation board for the area which
contains the local justice area in which he resides or
will reside, or
(ii)
a youth offending team established by a local
authority for the area in which he resides or will
30
reside,”, and
      (3)
In sub-paragraph (3)(a), for the words from “an officer of a local probation
board” to the end substitute “—
(i)
an officer of a local probation board assigned to the
local justice area in England and Wales in which
35
the offender resides or will be residing when the
order or amendment comes into force, or
(ii)
a member of a youth offending team established by
a local authority for the area in England and Wales
in which the offender resides or will then be
40
residing;”.
41    (1)
Paragraph 11 is amended as follows.
      (2)
In sub-paragraph (2)—
(a)
for “a probation order” substitute “an adult probation order”,
(b)
in paragraph (a), omit “under section 177 of the Criminal Justice Act
45
2003”, and

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
175

(c)
in paragraph (b), for “of that Act” substitute “of the Criminal Justice
Act 2003”.
      (3)
After that sub-paragraph insert—
   “(2A)
Where a youth probation order is made or amended in any of the
circumstances specified in paragraph 10 above then, subject to the
5
following provisions of this paragraph—
(a)
the order shall be treated as if it were a youth rehabilitation
order made in England and Wales, and
(b)
the provisions of Part 1 of the Criminal Justice and
Immigration Act 2008 shall apply accordingly.”
10
      (4)
In sub-paragraph (3)—
(a)
for paragraph (a) substitute—
“(a)
the requirements of the legislation relating to
community orders or, as the case may be, youth
rehabilitation orders;”;
15
(b)
in paragraph (b), for “Schedule 8 to that Act” substitute “that
legislation”.
      (5)
In sub-paragraph (4)—
(a)
after “a community order” insert “or, as the case may be, a youth
rehabilitation order”,
20
(b)
omit “under section 177 of the Criminal Justice Act 2003”, and
(c)
for “to that Act” substitute “to the Criminal Justice Act 2003 or by
paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and
Immigration Act 2008”.
      (6)
In sub-paragraph (5)—
25
(a)
after “2003” insert “or, as the case may be, Part 1 of the Criminal
Justice and Immigration Act 2008”, and
(b)
in paragraph (b), after “local probation board” insert “or, as the case
may be, member of a youth offending team”.
      (7)
In sub-paragraph (8)—
30
(a)
after “In this paragraph” insert—
““adult probation order” means a probation order
made in respect of an offender who was aged at
least 18 when convicted of the offence in respect of
which the order is made;
35
“community order” means an order made under
section 177 of the Criminal Justice Act 2003;”;
(b)
at the end insert—
““youth probation order” means a probation order
made in respect of an offender who was aged
40
under 18 when convicted of the offence in respect
of which the order is made;
“youth rehabilitation order” means an order made
under section 1 of the Criminal Justice and
Immigration Act 2008.”
45

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
176

Criminal Justice and Public Order Act 1994 (c. 33)
42
In section 136 of the Criminal Justice and Public Order Act 1994 (cross-
border enforcement: execution of warrants), in subsection (7A), after “youth
offender panel)” insert “or under Schedule 2 to the Criminal Justice and
Immigration Act 2008 (youth rehabilitation orders: breach etc.)”.
5
Criminal Procedure (Scotland) Act 1995 (c. 46)
43
The Criminal Procedure (Scotland) Act 1995 has effect subject to the
following amendments.
44    (1)
Section 234 (probation orders: persons residing in England and Wales) is
amended as follows.
10
      (2)
In subsection (2), at the end insert “(in any case where the offender has
attained the age of 18 years) or under section 1 of the Criminal Justice and
Immigration Act 2008 (in any other case)”.
      (3)
In subsection (4)—
(a)
in paragraph (a), for “and section 207(2) of the Criminal Justice Act
15
2003” substitute “, section 207(2) of the Criminal Justice Act 2003 and
paragraph 20(2) of Schedule 1 to the Criminal Justice and
Immigration Act 2008”,
(b)
in paragraph (a), for “or, as the case may be, community orders
under Part 12 of that Act” substitute “, community orders under Part
20
12 of the Criminal Justice Act 2003 or, as the case may be, youth
rehabilitation orders under Part 1 of the Criminal Justice and
Immigration Act 2008”,
(c)
in paragraph (a), for “and section 207 of the Criminal Justice Act
2003” substitute “, section 207 of the Criminal Justice Act 2003 and
25
paragraph 20 of Schedule 1 to the Criminal Justice and Immigration
Act 2008”,
(d)
in paragraph (b), after “2003” insert “or (as the case may be)
paragraphs 20(4) and 21(1) to (3) of Schedule 1 to the Criminal Justice
and Immigration Act 2008”, and
30
(e)
in paragraph (b), at the end insert “or that paragraph”.
      (4)
In subsection (4A) at the end insert “(in any case where the offender has
attained the age of 18 years) or in a youth rehabilitation order made under
section 1 of the Criminal Justice and Immigration Act 2008 (in any other
case)”.
35
      (5)
In subsection (5) for the words from “subject to subsection (6)” to the end
substitute “subject to subsections (6) and (6A) below—
(a)
Schedule 8 to the Criminal Justice Act 2003 shall apply as if it
were a community order made by a magistrates’ court under
section 177 of that Act and imposing the requirements
40
specified under subsection (4A) above (in any case where the
offender has attained the age of 18 years); and
(b)
Schedule 2 to the Criminal Justice and Immigration Act 2008
shall apply as if it were a youth rehabilitation order made by
a magistrates’ court under section 1 of that Act and imposing
45
the requirements specified under that subsection (in any
other case).”

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
177

      (6)
After subsection (6) insert—
“(6A)
In its application to a probation order made or amended under this
section, Schedule 2 to the Criminal Justice and Immigration Act 2008
has effect subject to the following modifications—
(a)
any reference to the responsible officer has effect as a
5
reference to the person appointed or assigned under
subsection (1)(a) above,
(b)
in paragraph 6, sub-paragraph (2)(c) is omitted and, in sub-
paragraph (16), the reference to the Crown Court has effect as
a reference to a court in Scotland, and
10
(c)
Parts 3 and 5 are omitted.”
45    (1)
Section 242 (community service orders: persons residing in England and
Wales) is amended as follows.
      (2)
In subsection (1)(a)—
(a)
in sub-paragraph (ii), after “Part 12 of the Criminal Justice Act 2003)”
15
insert “, in any case where the offender has attained the age of 18
years, or an unpaid work requirement imposed by a youth
rehabilitation order (within the meaning of Part 1 of the Criminal
Justice and Immigration Act 2008), in any other case”, and
(b)
in sub-paragraph (iii), after “section 177 of the Criminal Justice Act
20
2003” insert “or, as the case may be, imposed by youth rehabilitation
orders made under section 1 of the Criminal Justice and Immigration
Act 2008”.
      (3)
In subsection (2)(b)—
(a)
after “that court” insert “, in any case where the offender has attained
25
the age of 18 years,” and
(b)
after “2003” insert “or it appears to that court, in any other case, that
provision can be made for the offender to perform work under the
order under the arrangements which exist in that area for persons to
perform work under unpaid work requirements imposed by youth
30
rehabilitation orders made under section 1 of the Criminal Justice
and Immigration Act 2008”.
      (4)
In subsection (3)(b) at the end insert “or, as the case may be, conferred on
responsible officers by Part 1 of the Criminal Justice and Immigration Act
2008 in respect of unpaid work requirements imposed by youth
35
rehabilitation orders (within the meaning of that Part)”.
46    (1)
Section 244 (community service orders: general provisions relating to
persons residing in England and Wales or Northern Ireland) is amended as
follows.
      (2)
In subsection (3)(a)—
40
(a)
after “2003)” insert “or, as the case may be, a youth rehabilitation
order (within the meaning of Part 1 of the Criminal Justice and
Immigration Act 2008)”, and
(b)
after “such community orders” insert “or youth rehabilitation
orders”.
45
      (3)
In subsection (4)(a)—
(a)
for “or, as the case may be, community orders” substitute “,
community orders”, and