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 2 — Related amendments
185

Offender Management Act 2007 (c. 21)
97
In section 1(4) of the Offender Management Act 2007 (meaning of “the
probation purposes”), in the definition of “community order”—
(a)
after paragraph (a) insert—
“(aa)
a youth rehabilitation order within the
5
meaning of Part 1 of the Criminal Justice and
Immigration Act 2008 (see section 1 of that
Act);”, and
(b)
after paragraph (b) insert—
“(c)
a youth community order within the meaning
10
of that Act (as it applies to offences committed
before section 1 of the Criminal Justice and
Immigration Act 2008 comes into force)”.
Part 2
Related amendments
15
Children and Young Persons Act 1933 (c. 12)
98
In section 49 of the Children and Young Persons Act 1933 (restrictions on
reports of proceedings in which children or young persons are concerned),
in subsection (13)(g)(ii), for “the Powers of Criminal Courts (Sentencing) Act
2000” substitute “Part 1 or 2 of Schedule 15 to the Criminal Justice Act 2003”.
20
Children and Young Persons Act 1969 (c. 54)
99    (1)
Section 32 of the Children and Young Persons Act 1969 (detention of
absentees) is amended as follows.
      (2)
In subsection (1A)—
(a)
in paragraph (a), after “under” insert “paragraph 4(1)(a) of Schedule
25
1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts
(Sentencing) Act 2000 or”,
(b)
in paragraph (b) (as substituted by paragraph 17(2)(b) of this
Schedule), in sub-paragraph (ii), after “under” insert “paragraph 4 of
Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal
30
Courts (Sentencing) Act 2000 or”.
      (3)
In subsection (1C) (as substituted by paragraph 17(3) of this Schedule)—
(a)
in paragraph (a), after “under” insert “paragraph 4(1)(a) of Schedule
1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts
(Sentencing) Act 2000 or”, and
35
(b)
in paragraph (c), after “under” insert “paragraph 4(6) of Schedule 1
or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts
(Sentencing) Act 2000 or”.
Bail Act 1976 (c. 63)
100
In section 4(3) of the Bail Act 1976 (general right to bail of accused persons
40
and others), before paragraph (a) (as substituted by paragraph 23(b) of this

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 2 — Related amendments
186

Schedule) insert—
“(za)
Schedule 1 to the Powers of Criminal Courts (Sentencing) Act
2000 (referral orders: referral back to appropriate court),
(zb)
Schedule 8 to that Act (breach of reparation order),”.
Magistrates’ Courts Act 1980 (c. 43)
5
101
In Schedule 6A to the Magistrates’ Courts Act 1980 (fines that may be altered
under section 143), at the end insert—

“In Schedule 8, paragraph 2(2)(a)(i)
£1,000”.

(failure to comply with reparation order)

Child Abduction Act 1984 (c. 37)
10
102
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), after “under” insert “paragraph 4(1)(a) of Schedule
1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts
(Sentencing) Act 2000 or”, and
15
(b)
in paragraph (b), before “or” (as inserted by paragraph 31(b) of this
Schedule) insert “, paragraph 4 of Schedule 1 or paragraph 6 of
Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000”.
Children Act 1989 (c. 41)
103
In section 21(2)(c) of the Children Act 1989 (provision of accommodation for
20
children in police protection or detention or on remand, etc.), after sub-
paragraph (i) insert—
“(ia)
remanded to accommodation provided by or on
behalf of a local authority by virtue of paragraph 4
of Schedule 1 or paragraph 6 of Schedule 8 to the
25
Powers of Criminal Courts (Sentencing) Act 2000
(breach etc. of referral orders and reparation
orders);”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
104
The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the
30
following amendments.
105
In Schedule 1 (youth offender panels: further court proceedings), after
paragraph 9 insert—
“Power to adjourn hearing and remand offender
9ZA   (1)
This paragraph applies to any hearing relating to an offender held
35
by a youth court or other magistrates’ court in proceedings under
this Part of 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.
40

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 2 — Related amendments
187

      (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
5
court by virtue of the 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
10
(b)
if it does not do so, must not resume the hearing unless it
is satisfied that the persons mentioned in sub-paragraph
(5) have had adequate notice of the time and place for the
resumed hearing.
      (5)
The persons referred to in sub-paragraph (4)(b) are—
15
(a)
the offender,
(b)
if the offender is aged under 14, a parent or guardian of the
offender, and
(c)
a member of the youth offending team specified under
section 18(1)(a) as responsible for implementing the order.
20
      (6)
If a local authority has parental responsibility for an offender who
is in its care or provided with accommodation by it in the exercise
of any social services functions, the reference in sub-paragraph
(5)(b) to a parent or guardian of the offender is to be read as a
reference to that authority.
25
      (7)
In sub-paragraph (6)—
“local authority” has the same meaning as it has in Part 1 of
the Criminal Justice and Immigration Act 2008 by virtue of
section 7 of that Act,
“parental responsibility” has the same meaning as it has in
30
the Children Act 1989 by virtue of section 3 of that Act, and
“social services functions” has the same meaning as it has in
the Local Authority Social Services Act 1970 by virtue of
section 1A of that Act.
      (8)
The powers of a magistrates’ court under this paragraph may be
35
exercised by a single justice of the peace, notwithstanding
anything in the Magistrates’ Courts Act 1980.
      (9)
This paragraph—
(a)
applies to any hearing in proceedings under this Part of
this Schedule in place of section 10 of the Magistrates’
40
Courts Act 1980 (adjournment of trial) where that section
would otherwise apply, but
(b)
is not to be taken to affect the application of that section to
hearings of any other description.”
106   (1)
Schedule 8 (breach, revocation and amendment of action plan orders and
45
reparation orders) is amended as follows.
      (2)
Omit paragraph 1 and the heading before that paragraph.

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 2 — Related amendments
188

      (3)
In paragraph 2(1), for “the appropriate court,” substitute—
“(a)
a youth court acting in the local justice area in which the
offender resides, or
(b)
if it is not known where the offender resides, a youth court
acting in the local justice area for the time being named in the
5
order in pursuance of section 74(4) of this Act,”.
      (4)
In paragraph 5—
(a)
in sub-paragraphs (1) and (3), for “appropriate court” substitute
“relevant court”, and
(b)
at the end insert—
10
    “(4)
In this paragraph, “the relevant court” means—
(a)
a youth court acting in the local justice area for the
time being named in the order in pursuance of
section 74(4) of this Act, or
(b)
in the case of an application made both under this
15
paragraph and under paragraph 2(1), the court
mentioned in paragraph 2(1).”
      (5)
In paragraph 6—
(a)
in sub-paragraph (1), for “the appropriate court” substitute “a court”,
(b)
in sub-paragraph (4), for “the appropriate court” substitute “the
20
court before which the warrant directs the offender to be brought
(“the relevant court”)”,
(c)
in sub-paragraph (5), for “the appropriate court” substitute “the
relevant court”, and
(d)
in sub-paragraph (7), for “the appropriate court”, in each place it
25
occurs, substitute “the relevant court”.
      (6)
After paragraph 6 insert—
“Power to adjourn hearing and remand offender
6A    (1)
This paragraph applies to any hearing relating to an offender held
by a youth court in any proceedings under this Schedule.
30
      (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.
      (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
35
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 remand.
      (4)
Where the court adjourns the hearing under sub-paragraph (2) but
40
does not remand the offender—
(a)
it may fix the time and place at which the hearing is to be
resumed, but
(b)
if it does not do so, must not resume the hearing unless it
is satisfied that the persons mentioned in sub-paragraph
45

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 2 — Related amendments
189

(5) have had adequate notice of the time and place for the
resumed hearing.
      (5)
The persons referred to in sub-paragraph (4)(b) are—
(a)
the offender,
(b)
if the offender is aged under 14, a parent or guardian of the
5
offender, and
(c)
the responsible officer.
      (6)
If a local authority has parental responsibility for an offender who
is in its care or provided with accommodation by it in the exercise
of any social services functions, the reference in sub-paragraph
10
(5)(b) to a parent or guardian of the offender is to be read as a
reference to that authority.
      (7)
In sub-paragraph (6)—
“local authority” has the same meaning as it has in Part 1 of
the Criminal Justice and Immigration Act 2008 by virtue of
15
section 7 of that Act,
“parental responsibility” has the same meaning as it has in
the Children Act 1989 by virtue of section 3 of that Act, and
“social services functions” has the same meaning as it has in
the Local Authority Social Services Act 1970 by virtue of
20
section 1A of that Act.
      (8)
The powers of a youth court under this paragraph may be
exercised by a single justice of the peace, notwithstanding
anything in the Magistrates’ Courts Act 1980.
      (9)
This paragraph—
25
(a)
applies to any hearing in any proceedings under this
Schedule in place of section 10 of the Magistrates’ Courts
Act 1980 (adjournment of trial) where that section would
otherwise apply, but
(b)
is not to be taken to affect the application of that section to
30
hearings of any other description.”
Criminal Justice Act 2003 (c. 44)
107
In Schedule 8 to the Criminal Justice Act 2003 (breach, revocation or
amendment of community order), after paragraph 25 insert—
“25A  (1)
This paragraph applies to any hearing relating to an offender held
35
by a 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.
      (3)
Where the court remands the offender under sub-paragraph (2)—
40
(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 remand.
45

Criminal Justice and Immigration Bill
Schedule 5 — Youth default orders: modification of provisions applying to youth rehabilitation orders
190

      (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
(b)
if it does not do so, must not resume the hearing unless it
5
is satisfied that the offender and the responsible officer
have had adequate notice of the time and place for the
resumed hearing.
      (5)
The powers of a magistrates’ court under this paragraph may be
exercised by a single justice of the peace, notwithstanding
10
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 of trial) where that section would
15
otherwise apply, but
(b)
is not to be taken to affect the application of that section to
hearings of any other description.”
Schedule 5
Section 23(6)

Youth default orders: modification of provisions applying to youth
20
rehabilitation orders
General
1
Any reference to the offender is, in relation to a youth default order, to be
read as a reference to the person in default; and any reference to the time
when the offender is convicted is to be read as a reference to the time when
25
the order is made.
Unpaid work requirement
2     (1)
In its application to a youth default order, paragraph 10 of Schedule 1
(unpaid work requirement) is modified as follows.
      (2)
Sub-paragraph (2) has effect as if for paragraphs (a) and (b) there were
30
substituted—
“(a)
not less than 20, and
(b)
in the case of an amount in default which is specified in the
first column of the following Table, not more than the
number of hours set out opposite that amount in the second
35
column.

Criminal Justice and Immigration Bill
Schedule 5 — Youth default orders: modification of provisions applying to youth rehabilitation orders
191

TABLE

Amount
Number of

hours

An amount not exceeding
40

£200

5

An amount exceeding £200
60

but not exceeding £500

An amount exceeding £500
100”.

      (3)
Sub-paragraph (7) has effect as if after “Unless revoked” there were inserted
“(or section 23(7)(a) applies)”.
10
Attendance centre requirement
3     (1)
In its application to a youth default order, paragraph 12 of Schedule 1
(attendance centre requirement) is modified as follows.
      (2)
Sub-paragraph (2) has effect as if—
(a)
in paragraph (a), for the words following “conviction” there were
15
substituted “must be, in the case of an amount in default which is
specified in the first column of the following Table, not more than the
number of hours set out opposite that amount in the second column.

TABLE

Amount
Number of

20

hours

An amount not exceeding
8

£250

An amount exceeding £250
14

but not exceeding £500

25

An amount exceeding £500
24”,

(b)
in paragraph (b), for the words following “conviction” there were
substituted “must be, in the case of an amount in default which is
specified in the first column of the following Table, not more than the