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 21 — Schedule to the Street Offences Act 1959
230

Part 3
Amendment of order
Change of supervisor
5     (1)
Where the supervisor is unable to continue acting in that capacity,
the supervisor, a constable or the offender may apply to the
5
relevant magistrates’ court to amend the order by specifying a
different person to act as supervisor.
      (2)
Where the court is satisfied that the supervisor is unable to
continue acting, the court must—
(a)
amend the order by specifying a different person to act as
10
supervisor, or
(b)
if no such person is available, revoke the order.
      (3)
Any person specified in the order by virtue of this paragraph must
be a suitable person (within the meaning of section 1A(3)).
      (4)
In this paragraph “the relevant magistrates’ court” means—
15
(a)
if the offender is under the age of 18, a youth court acting
in the relevant local justice area, or
(b)
if the offender is aged 18 or over, a magistrates’ court
(other than a youth court) acting in the relevant local
justice area.
20
      (5)
In sub-paragraph (4) “the relevant local justice area” means—
(a)
the local justice area for the time being specified in the
order, or
(b)
if the offender resides in another local justice area, that
local justice area.
25
6     (1)
Where a court revokes an order under paragraph 5(2)(b), it may
deal with the offender, for the offence in respect of which the order
was made, in any way in which the court could deal with him if he
had just been convicted by it of the offence (other than by making
an order under section 1(2A)).
30
      (2)
In dealing with an offender under sub-paragraph (1), the court
must take into account the extent to which the offender has
complied with the order.
      (3)
A person sentenced under sub-paragraph (1) may appeal to the
Crown Court against the sentence.
35
Substitution of different local justice area
7     (1)
The offender or the supervisor may apply to the relevant
magistrates’ court to amend the order by substituting another
local justice area for the area specified in the order.
      (2)
An application under sub-paragraph (1) may only be made if the
40
offender resides or will reside in the other local justice area.

Criminal Justice and Immigration Bill
Schedule 21 — Schedule to the Street Offences Act 1959
231

      (3)
The relevant magistrates’ court may, and on the application of the
supervisor must, amend the order by substituting the other local
justice area for the area specified in the order.
      (4)
Sub-paragraphs (4) and (5) of paragraph 5 apply for the purposes
of this paragraph as they apply for the purposes of that paragraph.
5
Supplementary
8     (1)
Where the relevant magistrates’ court proposes to exercise its
powers under paragraph 5, otherwise than on the application of
the offender, it must summon the offender to appear before the
court and, if the offender does not appear in answer to the
10
summons, may issue a warrant for the arrest of the offender.
      (2)
An order may not be amended under this Part of this Schedule
while an appeal against the order is pending.
Part 4
Supplementary
15
Detention and remand of arrested offender
9     (1)
This paragraph applies where the offender is arrested in
pursuance of a warrant under this Schedule and cannot be
brought immediately before the court before which the warrant
directs him to be brought (“the appropriate court”).
20
      (2)
The person in whose custody the offender is—
(a)
may make arrangements for his detention for no more than
72 hours beginning with the time of his arrest, and
(b)
must within that period bring him before—
(i)
the appropriate court, or
25
(ii)
if it is not reasonably practicable to do so, before an
alternative court.
      (3)
In sub-paragraph (2)(b)(ii) “alternative court” means—
(a)
if the appropriate court is a youth court, any youth court,
and
30
(b)
in any other case, any magistrates’ court other than a youth
court.
      (4)
If the offender is under the age of 18 at the time of his arrest, the
arrangements made under sub-paragraph (2)(a) must be for his
detention in a place of safety (within the meaning of the Children
35
and Young Persons Act 1933).
      (5)
A person who is detained in pursuance of arrangements made
under sub-paragraph (2)(a) is deemed to be in legal custody.
10    (1)
This paragraph applies where an offender appears or is brought
before an alternative court under paragraph 9(2)(b)(ii).
40
      (2)
The alternative court may direct that the offender is to be released
forthwith or remand him to appear before the appropriate court
(within the meaning of paragraph 9).

Criminal Justice and Immigration Bill
Schedule 21 — Schedule to the Street Offences Act 1959
232

      (3)
For the purposes of sub-paragraph (2), section 128 of the
Magistrates’ Courts Act 1980 (c. 43) (remand in custody or on bail)
applies as if the court referred to in subsections (1)(a), (3), (4)(a)
and (5) were the appropriate court.
      (4)
Any power to remand the offender in custody which is conferred
5
by section 128 of the Magistrates’ Court Act 1980 (as modified by
sub-paragraph (3)) is to be taken to be a power to remand the
offender—
(a)
if he is under the age of 18, to accommodation provided by
or on behalf of a local authority (within the meaning of the
10
Children Act 1989 (c. 41)), and
(b)
if he is aged 18 or over, to a prison.
      (5)
Where the court remands the offender to accommodation
provided by or on behalf of a local authority, the court must
designate, as the authority who are to receive him, the local
15
authority for the area in which it appears that he resides or will
reside.
Adjournments
11    (1)
This paragraph applies to any hearing relating to an offender held
by a youth court or other magistrates’ court in any proceedings
20
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)—
25
(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.
30
      (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
35
is satisfied that the offender and, where appropriate, the
supervisor 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
40
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
45
otherwise apply, but

Criminal Justice and Immigration Bill
Schedule 22 — Hatred on the grounds of sexual orientation
233

(b)
is not to be taken to affect the application of that section to
hearings of any other description.
Notification
12    (1)
This paragraph applies where a court revokes or amends an order
under any provision of this Schedule.
5
      (2)
The proper officer must—
(a)
provide copies of the revoking or amending order to the
offender and the supervisor,
(b)
in the case of an amending order which substitutes a new
local justice area, provide a copy of the amending order to
10
a magistrates’ court acting for that area, and
(c)
if the court that revokes or amends the order is a
magistrates’ court acting in a local justice area other than
the area specified in the order, provide a copy of the
revoking or amending order to a magistrates’ court acting
15
in the local justice area specified in the order.
      (3)
Where under sub-paragraph (2)(b) the proper officer provides a
copy of an amending order to a magistrates’ court acting for a
different area, the officer must also provide to that court such
documents and information relating to the case as it considers
20
likely to be of assistance to a court acting for that area in the
exercise of any function in relation to the order.
      (4)
In this paragraph “proper officer” means the designated officer for
the court.”
Schedule 22
25
Section 107

Hatred on the grounds of sexual orientation
1
Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on
religious grounds) has effect subject to the following amendments.
2
In the heading for Part 3A at the end insert “or grounds of sexual
orientation”.
30
3
In the italic cross-heading before section 29A at the end insert “and “hatred
on the grounds of sexual orientation””.
4
After that section insert—
“29AB
  Meaning of “hatred on the grounds of sexual orientation”
In this Part “hatred on the grounds of sexual orientation”
35
means hatred against a group of persons defined by reference to
sexual orientation (whether towards persons of the same sex, the
opposite sex or both).”
5
In the italic cross-heading before section 29B at the end insert “or hatred on the
grounds of sexual orientation”.
40

Criminal Justice and Immigration Bill
Schedule 22 — Hatred on the grounds of sexual orientation
234

6     (1)
Section 29B (use of words or behaviour or display of written material) is
amended as follows.
      (2)
In subsection (1), after “religious hatred” insert “or hatred on the grounds of
sexual orientation”.
      (3)
Omit subsection (3).
5
7
In section 29C(1) (publishing or distributing written material), after
“religious hatred” insert “or hatred on the grounds of sexual orientation”.
8
In section 29D(1) (public performance of play), after “religious hatred” insert
“or hatred on the grounds of sexual orientation”.
9
In section 29E(1) (distributing, showing or playing a recording), after
10
“religious hatred” insert “or hatred on the grounds of sexual orientation”.
10
In section 29F(1) (broadcasting or including programme in programme
service), after “religious hatred” insert “or hatred on the grounds of sexual
orientation”.
11
In section 29G(1) (possession of inflammatory material), for “religious
15
hatred to be stirred up thereby” substitute “thereby to stir up religious
hatred or hatred on the grounds of sexual orientation”.
12    (1)
Section 29H (powers of entry and search) is amended as follows.
      (2)
In subsection (1), omit “in England and Wales”.
      (3)
Omit subsection (2).
20
13    (1)
Section 29I (power to order forfeiture) is amended as follows.
      (2)
In subsection (2)—
(a)
in paragraph (a), omit “in the case of an order made in proceedings
in England and Wales,”; and
(b)
omit paragraph (b).
25
      (3)
Omit subsection (4).
14
In section 29K(1) (savings for reports of parliamentary or judicial
proceedings), for “or in the Scottish Parliament” substitute “, in the Scottish
Parliament or in the National Assembly for Wales”.
15    (1)
Section 29L (procedure and punishment) is amended as follows.
30
      (2)
In subsections (1) and (2), omit “in England and Wales”.
      (3)
In subsection (3), in paragraph (b), for “six months” substitute “12 months”.
      (4)
After that subsection insert—
“(4)
In subsection (3)(b) the reference to 12 months shall be read as a
reference to 6 months in relation to an offence committed before the
35
commencement of section 154(1) of the Criminal Justice Act 2003.”
16
In section 29N (interpretation), after the definition of “dwelling” insert—
““hatred on the grounds of sexual orientation” has the meaning
given by section 29AB;”.