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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

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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—

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(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.

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      (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.

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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.

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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”).

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      (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

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(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

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(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

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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

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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

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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

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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”.

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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”

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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).

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      (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

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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;”.

 
 

 
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Revised 5 December 2007