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 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
178

(b)
after “2003)” insert “or, as the case may be, youth rehabilitation
orders (within the meaning of Part 1 of the Criminal Justice and
Immigration Act 2008)”.
      (4)
In subsection (5)—
(a)
for “or, as the case may be, a community order” substitute “, a
5
community order”, and
(b)
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)”.
      (5)
In subsection (6)—
10
(a)
for “or, as the case may be, community orders” substitute “,
community orders”,
(b)
after “within the meaning of Part 12 of the Criminal Justice Act 2003)”
insert “or, as the case may be, youth rehabilitation orders (within the
meaning of Part 1 of the Criminal Justice and Immigration Act
15
2008)”, and
(c)
after “the responsible officer under Part 12 of the Criminal Justice Act
2003” insert “or, as the case may be, under Part 1 of the Criminal
Justice and Immigration Act 2008”.
Education Act 1996 (c. 56)
20
47
In section 562(2)(b) of the Education Act 1996 (Act not to apply to persons
detained under order of a court), for “community order under section 177 of
the Criminal Justice Act 2003” substitute “youth rehabilitation order under
section 1 of the Criminal Justice and Immigration Act 2008”.
Crime and Disorder Act 1998 (c. 37)
25
48
The Crime and Disorder Act 1998 has effect subject to the following
amendments.
49
In section 38(4) (local provision of youth justice services)—
(a)
in paragraph (f), for “, reparation orders and action plan orders”
substitute “and reparation orders”,
30
(b)
after paragraph (f) insert—
“(fa)
the provision of persons to act as responsible officers
in relation to youth rehabilitation orders (within the
meaning of Part 1 of the Criminal Justice and
Immigration Act 2008);
35
(fb)
the supervision of children and young persons
sentenced to a youth rehabilitation order under that
Part which includes a supervision requirement
(within the meaning of that Part);”,
(c)
omit paragraph (g), and
40
(d)
in paragraph (h), omit “or a supervision order”.
50
In Schedule 8 (minor and consequential amendments), in paragraph 13(2),
for “that section” substitute “section 10 of that Act”.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
179

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
51
The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the
following amendments.
52
In section 19(4)(a) (making of referral orders: effect on court’s other
sentencing powers), for “community sentence” substitute “sentence which
5
consists of or includes a youth rehabilitation order”.
53
In section 73 (reparation orders)—
(a)
for subsection (4)(b) substitute—
“(b)
to make in respect of him a youth rehabilitation order
or a referral order.”
10
(b)
after subsection (4) insert—
“(4A)
The court shall not make a reparation order in respect of the
offender at a time when a youth rehabilitation order is in
force in respect of him unless when it makes the reparation
order it revokes the youth rehabilitation order.
15
(4B)
Where a youth rehabilitation order is revoked under
subsection (4A), paragraph 24 of Schedule 2 to the Criminal
Justice and Immigration Act 2008 (breach, revocation or
amendment of youth rehabilitation order) applies to the
revocation.”
20
54
In section 74(3)(a) (requirements and provisions of reparation order, and
obligations of person subject to it), omit “or with the requirements of any
community order or any youth community order to which he may be
subject”.
55
In section 75 (breach, revocation and amendment of reparation orders) omit
25
“action plan orders and” and “so far as relating to reparation orders”.
56
In section 91(3) (offenders under 18 convicted of certain serious offences:
power to detain for specified period), for “a community sentence” substitute
“a youth rehabilitation order”.
57
In section 137(2) (power to order parent or guardian to pay fine, costs,
30
compensation or surcharge)—
(a)
after “under—” insert—
“(za)
paragraph 6(2)(a) or 8(2)(a) of Schedule 2 to the
Criminal Justice and Immigration Act 2008 (breach of
youth rehabilitation order),”, and
35
(b)
omit paragraphs (a) to (c), and
(c)
in paragraph (d) omit “action plan order or”.
58
In section 150(2) (binding over of parent or guardian), for “a community
sentence on the offender” substitute “on the offender a sentence which
consists of or includes a youth rehabilitation order”.
40
59
In section 159 (execution of process between England and Wales and
Scotland)—
(a)
after “Schedule 1 to this Act,” insert “or”,
(b)
omit “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”,
(c)
omit “paragraph 1(1) of Schedule 5 to this Act”, and
45
(d)
omit “paragraph 7(2) of Schedule 7 to this Act, or”.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
180

60    (1)
Section 160 (rules and orders) is amended as follows.
      (2)
Omit subsection (2).
      (3)
In subsection (3)(a)—
(a)
omit “40(2)(a),” and
(b)
for “103(2) or paragraph 1(1A) of Schedule 3,” substitute “or 103(2).”
5
      (4)
Omit subsection (5).
61
In section 163 (general definitions)—
(a)
omit the definitions of “action plan order”, “affected person”,
“attendance centre”, “attendance centre order”, “community
sentence”, “curfew order”, “exclusion order”, “supervision order”,
10
“supervisor” and “youth community order”,
(b)
in the definition of “responsible officer”, omit paragraphs (a), (aa)
and (f), and
(c)
at the end add—
““youth rehabilitation order” has the meaning given by
15
section 1(1) of the Criminal Justice and Immigration
Act 2008.”
62    (1)
Schedule 8 (breach, revocation and amendment of action plan orders and
reparation orders) is amended as follows.
      (2)
In the heading to the Schedule omit “action plan orders and”.
20
      (3)
In the cross-heading before paragraph 2, omit “action plan order or”.
      (4)
In paragraph 2—
(a)
in sub-paragraph (1), for “an action plan order or” substitute “a”,
(b)
in sub-paragraph (2)—
(i)
in paragraph (a), omit sub-paragraphs (ii) and (iii), and
25
(ii)
in each of paragraphs (b) and (c), omit “action plan order or”.
(c)
in each of sub-paragraphs (5) and (7), omit “action plan order or”,
and
(d)
in sub-paragraph (8), omit “or action plan order” in both places
where it occurs.
30
      (5)
Omit paragraphs 3 and 4.
      (6)
In the cross-heading before paragraph 5, omit “action plan order or”.
      (7)
In paragraph 5—
(a)
in sub-paragraph (1), for “an action plan order or” substitute “a” and,
in paragraph (a), omit “action plan order or”, and
35
(b)
in sub-paragraph (3), for “an action plan order or” substitute “a”.
      (8)
In paragraph 6(9), in each of paragraphs (a), (b) and (c), omit “action plan
order or”.
      (9)
In paragraph 7(b), for “an action plan order or” substitute “a”.
63
In Schedule 10 (transitory modifications), omit paragraphs 4 to 6 and 12 to
40
15.
64
In Schedule 11 (transitional provisions)—
(a)
in paragraph 4, omit—

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
181

(i)
paragraph (a) of sub-paragraph (1),
(ii)
sub-paragraph (2), and
(iii)
sub-paragraph (3), and
(b)
omit paragraph 5.
Child Support, Pensions and Social Security Act 2000 (c. 19)
5
65
The Child Support, Pensions and Social Security Act 2000 has effect subject
to the following amendments.
66    (1)
Section 62 (loss of benefit for breach of community order) is amended as
follows.
      (2)
In the definition of “relevant community order” in subsection (8)—
10
(a)
after “2003;” in paragraph (a) insert—
“(aa)
a youth rehabilitation order made under section 1 of
the Criminal Justice and Immigration Act 2008;”, and
(b)
in paragraph (b) for “such an order” substitute “an order specified in
paragraph (a) or (aa)”.
15
      (3)
In subsection (11)(c)(ii) for “and (b)” substitute “to (b)”.
67    (1)
Section 64 (information provision) is amended as follows.
      (2)
In subsection (6)(a) after “2003)” insert “, youth rehabilitation orders (as
defined by section 1 of the Criminal Justice and Immigration Act 2008)”.
      (3)
In subsection (7) after paragraph (b) insert—
20
“(ba)
a responsible officer within the meaning of Part 1 of the
Criminal Justice and Immigration Act 2008;”.
Criminal Justice and Court Services Act 2000 (c. 43)
68
The Criminal Justice and Court Services Act 2000 has effect subject to the
following amendments.
25
69
In section 1(2)(a) (purposes of Chapter), after “2003)” insert “, youth
rehabilitation orders (as defined by section 1 of the Criminal Justice and
Immigration Act 2008)”.
70
Section 70(5) (interpretation, etc.) is omitted.
Criminal Justice Act 2003 (c. 44)
30
71
Part 12 of the Criminal Justice Act 2003 (sentencing) has effect subject to the
following amendments.
72    (1)
Section 147 (meaning of “community sentence” etc.) is amended as follows.
      (2)
In subsection (1)—
(a)
omit paragraph (b), and
35
(b)
after that paragraph insert—
“(c)
a youth rehabilitation order.”
      (3)
Omit subsection (2).

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
182

73    (1)
Section 148 (restrictions on imposing community sentences) is amended as
follows.
      (2)
In subsection (2)—
(a)
omit “which consists of or includes a community order”, and
(b)
in paragraph (a), after “community order” insert “, or, as the case
5
may be, youth rehabilitation order, comprised in the sentence”.
      (3)
After that subsection insert—
“(2A)
Subsection (2) is subject to paragraph 3(4) of Schedule 1 to the
Criminal Justice and Immigration Act 2008 (youth rehabilitation
order with intensive supervision and surveillance).”
10
      (4)
Omit subsection (3).
74
In section 149(1) (passing of community sentence on offender remanded in
custody) for “youth community order” substitute “youth rehabilitation
order”.
75
In section 150 (community sentence not available where sentence fixed by
15
law etc.) for “youth community order” substitute “youth rehabilitation
order”.
76    (1)
Section 151 (community order for persistent offender previously fined) is
amended as follows.
      (2)
In the title, after “community order” insert “or youth rehabilitation order”.
20
      (3)
For subsection (2) substitute—
“(2)
The court may—
(a)
where the offender is aged under 18 at the time of conviction,
make a youth rehabilitation order in respect of the current
offence instead of imposing a fine, or
25
(b)
where the offender is aged 18 or over at the time of
conviction, make a community order in respect of the current
offence instead of imposing a fine,

if the court considers that, having regard to all the circumstances
including the matters mentioned in subsection (3), it would be in the
30
interests of justice to do so.”
77    (1)
Section 156 (pre-sentence reports and other requirements) is amended as
follows.
      (2)
In subsection (1)—
(a)
for “, (2)(b) or (3)(b)” substitute “or (2)(b),”, and
35
(b)
after “153(2),” insert “or in section 1(4)(b) or (c) of the Criminal Justice
and Immigration Act 2008 (youth rehabilitation orders with
intensive supervision and surveillance or fostering),”.
      (3)
In subsection (2) omit “or (3)(a)”.
      (4)
In subsection (3)(b)—
40
(a)
for “, (2)(b) or (3)(b)” substitute “or (2)(b), or in section 1(4)(b) or (c)
of the Criminal Justice and Immigration Act 2008,”, and
(b)
after “community order” insert “or youth rehabilitation order”.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
183

78    (1)
Section 166 (savings for powers to mitigate sentences and deal appropriately
with mentally disordered offenders) is amended as follows.
      (2)
In subsection (1), after paragraph (d) add—
“(e)
paragraph 3 of Schedule 1 to the Criminal Justice and
Immigration Act 2008 (youth rehabilitation order with
5
intensive supervision and surveillance), or
(f)
paragraph 4 of Schedule 1 to that Act (youth rehabilitation
order with fostering),”.
      (3)
In subsections (3) and (5), for “(d)” substitute “(f)”.
79
In section 174(2) (duty to give reasons for, and explain effect of, sentence)—
10
(a)
in paragraph (b), after “that section” insert “or any other statutory
provision”,
(b)
in paragraph (c), after “community sentence” insert “, other than one
consisting of or including a youth rehabilitation order with intensive
supervision and surveillance or fostering,”, and
15
(c)
after paragraph (c) insert—
“(ca)
where the sentence consists of or includes a youth
rehabilitation order with intensive supervision and
surveillance and the case does not fall within
paragraph 5(2) of Schedule 1 to the Criminal Justice
20
and Immigration Act 2008, state that it is of the
opinion that section 1(4)(a) to (c) of that Act and
section 148(1) of this Act apply and why it is of that
opinion,
(cb)
where the sentence consists of or includes a youth
25
rehabilitation order with fostering, state that it is of
the opinion that section 1(4)(a) to (c) of the Criminal
Justice and Immigration Act 2008 and section 148(1)
of this Act apply and why it is of that opinion,”.
80
In section 176 (interpretation of Chapter 1)—
30
(a)
omit the definition of “youth community order”, and
(b)
at the end add—
““youth rehabilitation order” has the meaning given by
section 1(1) of the Criminal Justice and Immigration
Act 2008;
35
“youth rehabilitation order with fostering” has the
meaning given by paragraph 4 of Schedule 1 to that
Act;
“youth rehabilitation order with intensive supervision
and surveillance has the meaning given by paragraph
40
3 of Schedule 1 to that Act.”
81
In section 177(1) (community orders) for “16” substitute “18”.
82
In section 197(1)(b) (meaning of “the responsible officer”), omit “the offender
is aged 18 or over and”.
83
In section 199 (unpaid work requirement)—
45
(a)
in subsection (3), for “appropriate officer” substitute “officer of a
local probation board”, and
(b)
omit subsection (4).

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments
184

84
In section 201 (activity requirement), in subsection (3)(a), for sub-paragraphs
(i) and (ii) (but not “and” immediately following sub-paragraph (ii))
substitute “an officer of a local probation board”.
85
In section 202 (programme requirement), in subsection (4)(a), for sub-
paragraphs (i) and (ii) (but not “and” immediately following sub-paragraph
5
(ii)) substitute “by an officer of a local probation board”.
86
In section 203(2), for paragraphs (a) and (b) substitute “an officer of a local
probation board”.
87
In section 209(2)(c) (drug rehabilitation requirement), for sub-paragraphs (i)
and (ii) substitute “by an officer of a local probation board, and”.
10
88
In section 211 (periodic review of drug rehabilitation requirement), omit
subsection (5).
89
In section 214 (attendance centre requirement), after subsection (6) add—
“(7)
A requirement to attend at an attendance centre for any period on
any occasion operates as a requirement, during that period, to
15
engage in occupation, or receive instruction, under the supervision
of and in accordance with instructions given by, or under the
authority of, the officer in charge of the centre, whether at the centre
or elsewhere.”
90
In section 217(1)(b) (requirement to avoid conflict with religious beliefs etc.),
20
for “school or any other” substitute “any”.
91
In section 221(2) (provision of attendance centres)—
(a)
omit “or” at the end of paragraph (a),
(b)
after that paragraph insert—
“(aa)
attendance centre requirements of youth
25
rehabilitation orders, within the meaning of Part 1 of
the Criminal Justice and Immigration Act 2008,”, and
(c)
omit paragraph (b).
92
In section 222(1)(e) (rules), after “attendance centre requirements” insert “, or
to attendance centre requirements imposed by youth rehabilitation orders
30
under Part 1 of the Criminal Justice and Immigration Act 2008,”.
93
Section 279 (drug treatment and testing requirement in action plan order or
supervision order) ceases to have effect.
94
In Schedule 8 (breach, revocation or amendment of community order), omit
paragraphs 12, 15 and 17(5) (powers of magistrates’ court in case of offender
35
reaching 18).
95
Schedule 24 (drug treatment and testing requirement in action plan order or
supervision order) ceases to have effect.
Violent Crime Reduction Act 2006 (c. 38)
96
In section 47 of the Violent Crime Reduction Act 2006 (power to search
40
persons in attendance centres for weapons), in the definition of “relevant
person” in subsection (11), for paragraph (b) substitute—
“(b)
a youth rehabilitation order under Part 1 of the
Criminal Justice and Immigration Act 2008;”.