Crime and Security Bill

House of Commons

Session 2009 - 10
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Crime and Security Bill

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      (4)
A supervision order imposing an electronic monitoring requirement
must include provision for making a person responsible for the
monitoring.
      (5)
The person who is made responsible for the monitoring must be of a
description specified in an order under paragraph 26(5) of Schedule
5
1 to the Criminal Justice and Immigration Act 2008.
      (6)
An electronic monitoring requirement may not be included in a
supervision order unless the court making the order—
(a)
has been notified by the youth offending team for the time
being specified in the order that arrangements for electronic
10
monitoring are available in the area where the place which
the court proposes to specify in the order for the purposes of
the curfew requirement is situated, and
(b)
is satisfied that the necessary provision can be made under
the arrangements currently available.
15
      (7)
Where a supervision order contains an electronic monitoring
requirement, the appropriate court may, on the application of the
injunction applicant or the defaulter, amend the order by
substituting a new period for the period specified in the order under
this paragraph.
20
      (8)
Sub-paragraph (3) applies in relation to the variation of an electronic
monitoring requirement under sub-paragraph (7) as it applies in
relation to the inclusion of such a requirement.
“Responsible officer”
7     (1)
For the purposes of this Part of this Schedule, the “responsible
25
officer”, in relation to a supervision order, means—
(a)
in a case where the order imposes a curfew requirement and
an electronic monitoring requirement, but does not impose
an activity or supervision requirement, the person who
under paragraph 6(4) is responsible for the electronic
30
monitoring;
(b)
in any other case, the member of the youth offending team for
the time being specified in the order who, as respects the
defaulter, is for the time being responsible for discharging the
functions conferred by this Schedule on the responsible
35
officer.
      (2)
Where a supervision order has been made, it is the duty of the
responsible officer—
(a)
to make any arrangements that are necessary in connection
with the requirements contained in the order, and
40
(b)
to promote the defaulter’s compliance with those
requirements.
      (3)
In giving instructions in pursuance of a supervision order, the
responsible officer must ensure, so far as practicable, that any
instruction is such as to avoid the matters referred to in paragraph
45
2(4).
      (4)
A defaulter in respect of whom a supervision order is made must—

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(a)
keep in touch with the responsible officer in accordance with
such instructions as the responsible officer may from time to
time give to the defaulter, and
(b)
notify the responsible officer of any change of address.
      (5)
The obligations imposed by sub-paragraph (4) have effect as a
5
requirement of the supervision order.
Amendment of operative period
8     (1)
The appropriate court may, on the application of the injunction
applicant or the defaulter, amend a supervision order by substituting
a new period for that for the time being specified in the order under
10
paragraph 2(5) (subject to paragraph 2(6)).
      (2)
The court may, on amending a supervision order pursuant to sub-
paragraph (1), make such other amendments to the order in relation
to any requirement imposed by the order as the court considers
appropriate.
15
Amendment on change of area of residence
9     (1)
This paragraph applies where, on an application made by the
injunction applicant or the defaulter in relation to a supervision
order, the appropriate court is satisfied that the defaulter proposes to
reside, or is residing, in the area of a youth offending team other than
20
the team for the time being specified in the order.
      (2)
If the application is made by the defaulter, the court to which it is
made may amend the order by substituting for the youth offending
team specified in the order the youth offending team for the area
referred to in sub-paragraph (1) (or, if there is more than one such
25
team for that area, such of those teams as the court may determine).
      (3)
If the application is made by the injunction applicant, the court to
which it is made must, subject as follows, so amend the order.
      (4)
Where a court amends the supervision order pursuant to sub-
paragraph (2) or (3) but the order contains a requirement which, in
30
the opinion of the court, cannot reasonably be complied with if the
defaulter resides in the area referred to in sub-paragraph (1), the
court must also amend the order by—
(a)
removing that requirement, or
(b)
substituting for that requirement a new requirement which
35
can reasonably be complied with if the defaulter resides in
that area.
      (5)
Sub-paragraph (3) does not require a court to amend the supervision
order if in its opinion sub-paragraph (4) would produce an
inappropriate result.
40
      (6)
The injunction applicant must consult the youth offending team for
the time being specified in the order before making an application
under sub-paragraph (1).

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Revocation of supervision order
10    (1)
Where a supervision order is made, the injunction applicant or the
defaulter may apply to the appropriate court—
(a)
to revoke the order, or
(b)
to amend the order by removing any requirement from it.
5
      (2)
If it appears to the court to which an application under sub-
paragraph (1)(a) or (b) is made to be in the interests of justice to do
so, having regard to circumstances which have arisen since the
supervision order was made, the court may grant the application and
revoke or amend the order accordingly.
10
      (3)
The circumstances referred to in sub-paragraph (2) include the
conduct of the defaulter.
      (4)
If an application made under sub-paragraph (1) in relation to a
supervision order is dismissed, no further such application may be
made in relation to the order by any person without the consent of
15
the appropriate court.
      (5)
The injunction applicant must consult the youth offending team for
the time being specified in the order before making an application
under sub-paragraph (1).
Compliance with supervision order
20
11
If the responsible officer considers that the defaulter has complied
with all the requirements of the supervision order, the responsible
officer must inform the injunction applicant.
Non-compliance with supervision order
12    (1)
If the responsible officer considers that the defaulter has failed to
25
comply with any requirement of the supervision order, the
responsible officer must inform the injunction applicant.
      (2)
On being informed as specified in sub-paragraph (1) the injunction
applicant may apply to the appropriate court.
      (3)
Before making an application under sub-paragraph (2) the injunction
30
applicant must consult—
(a)
the youth offending team for the time being specified in the
order, and
(b)
any person consulted by virtue of section 38(2)(a) or (b).
      (4)
If on an application under sub-paragraph (2) the court to which it is
35
made is satisfied beyond reasonable doubt that the defaulter has
without reasonable excuse failed to comply with any requirement of
the supervision order, the court may—
(a)
revoke the supervision order and make a new one; or
(b)
revoke the order and make a detention order (see Part 3 of
40
this Schedule).
      (5)
The powers in sub-paragraph (4) may not be exercised at any time
after the defaulter reaches the age of 18.

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      (6)
The powers conferred by sub-paragraph (4) are in addition to any
other power of the court in relation to the breach of the supervision
order.
      (7)
The court to which an application under sub-paragraph (2) is made
must consider representations made by the youth offending team for
5
the time being specified in the order before exercising its powers
under this paragraph.
Copies of supervision order etc
13    (1)
The court by which a supervision order is made must forthwith
provide a copy of the order to—
10
(a)
the defaulter, and
(b)
the youth offending team for the time being specified in the
order.
      (2)
Where a supervision order is made, the injunction applicant must
forthwith provide a copy of so much of the order as is relevant—
15
(a)
in a case where the order includes an activity requirement
specifying a place under paragraph 4(1)(a), to the person in
charge of that place;
(b)
in a case where the order includes an activity requirement
specifying an activity under paragraph 4(1)(b), to the person
20
in charge of that activity;
(c)
in a case where the order includes an activity requirement
specifying a residential exercise under paragraph 4(1)(c), to
the person in charge of the place or activity specified under
paragraph 4(4) in relation to that residential exercise;
25
(d)
in a case where the order contains an electronic monitoring
requirement, to—
(i)
any person who by virtue of paragraph 6(4) will be
responsible for the electronic monitoring, and
(ii)
any person without whose consent that requirement
30
could not have been included in the order.
      (3)
The court by which a supervision order is revoked or amended must
forthwith provide a copy of the revoking order, or of the order as
amended, to—
(a)
the defaulter, and
35
(b)
the youth offending team for the time being specified in the
order.
      (4)
Where—
(a)
a copy of a supervision order (or part of a supervision order)
has been given to a person under sub-paragraph (2) by virtue
40
of any requirement contained in the order, and
(b)
the order is revoked, or amended in respect of that
requirement,

the injunction applicant must forthwith give a copy of the revoking
order, or of so much of the order as amended as is relevant, to that
45
person.

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Part 3
Detention orders
Detention orders
14    (1)
A detention order is an order that the defaulter be detained for a
period specified in the order in such youth detention
5
accommodation as the Secretary of State may determine.
      (2)
The period specified under sub-paragraph (1) may not exceed the
period of three months beginning with the day after that on which
the order is made.
      (3)
In sub-paragraph (1) “youth detention accommodation” means—
10
(a)
a secure training centre;
(b)
a young offender institution;
(c)
secure accommodation, as defined by section 23(12) of the
Children and Young Persons Act 1969.
      (4)
The function of the Secretary of State under sub-paragraph (1) is
15
exercisable concurrently with the Youth Justice Board.
      (5)
A person detained under a detention order is in legal custody.
Revocation of detention order
15    (1)
Where a detention order is made, the injunction applicant or the
defaulter may apply to the appropriate court to revoke it.
20
      (2)
If it appears to the court to which an application under sub-
paragraph (1) is made to be in the interests of justice to do so, having
regard to circumstances which have arisen since the detention order
was made, the court may grant the application and revoke the order
accordingly.
25
      (3)
The circumstances referred to in sub-paragraph (2) include the
conduct of the defaulter.
      (4)
If an application made under sub-paragraph (1) in relation to a
detention order is dismissed, no further such application may be
made in relation to the order by any person without the consent of
30
the appropriate court.
      (5)
Before making an application under sub-paragraph (1) the injunction
applicant must consult—
(a)
in the case of a detention order made under paragraph 1(1),
the youth offending team referred to in paragraph 1(4)(a); or
35
(b)
in the case of a detention order made under paragraph
12(4)(b), the youth offending team referred to in paragraph
12(3)(a).”
(4)
In section 41 of the Crime and Disorder Act 1998 (Youth Justice Board), in
subsection (5)(i), at the end there is inserted—
40
“(vii)
accommodation referred to in paragraph 14(3) of
Schedule 5A to the Policing and Crime Act 2009 which

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is or may be used for the purpose of detaining persons
subject to a detention order under that Schedule;”.
Anti-social behaviour orders
40
Report on family circumstances
(1)
The Crime and Disorder Act 1998 is amended as follows.
5
(2)
In section 1 (anti-social behaviour orders), after subsection (1B) there is
inserted—
“(1C)
Before making an application under subsection (1) in respect of a
person under the age of 16, the relevant authority must prepare a report
on the person’s family circumstances in accordance with regulations
10
made by the Secretary of State.”
(3)
In section 9 (parenting orders: supplemental), in subsection (2), after
“information” there is inserted “(including any report prepared under section
1(1C))”.
(4)
In section 114 (orders and regulations), in subsection (2), for “section 6” there
15
is substituted “section 1(1C), 6”.
41
Parenting orders on breach
(1)
The Crime and Disorder Act 1998 is amended as follows.
(2)
In section 8 (parenting orders), in subsection (1)(c), after “an offence” there is
inserted “, except in a case where section 8A below applies (parenting order on
20
breach of anti-social behaviour order)”.
(3)
After that section, there is inserted—
“8A
Parenting order on breach of anti-social behaviour order
(1)
This section applies where a person under the age of 16 is convicted of
an offence under section 1(10) above in respect of an anti-social
25
behaviour order.
(2)
The court by or before which the person is so convicted must make a
parenting order in respect of a person who is a parent or guardian of
the person convicted, unless it is of the opinion that there are
exceptional circumstances that would make a parenting order
30
inappropriate.
(3)
The parenting order must specify such requirements as the court
considers would be desirable in the interests of preventing—
(a)
any repetition of the kind of behaviour which led to the anti-
social behaviour order being made; or
35
(b)
the commission of any further offence by the person convicted.
(4)
If the court does not make a parenting order because it is of the opinion
that there are exceptional circumstances that would make it
inappropriate, it must state in open court that it is of that opinion and
what those circumstances are.
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(5)
The following subsections of section 8 above apply to parenting orders
made under this section—
(a)
subsection (3) (court not to make parenting order unless
arrangements available in local area);
(b)
subsection (4) (definition of parenting order);
5
(c)
subsection (5) (counselling or guidance programme not
necessary if previous parenting order);
(d)
subsection (7A) (residential courses).
(6)
The following subsections of section 9 below apply to parenting orders
made under this section—
10
(a)
subsection (3) (court to explain effect of parenting order);
(b)
subsection (4) (parenting order not to conflict with religious
beliefs, work or education);
(c)
subsections (5) and (6) (applications to vary or discharge
parenting order);
15
(d)
subsection (7) (failure to comply with parenting order).”
(4)
In section 9 (parenting orders: supplemental)—
(a)
in subsection (1), after “offence” there is inserted “, other than an
offence under section 1(10) above in respect of an anti-social behaviour
order,”;
20
(b)
in subsection (2), the word “or” immediately preceding paragraph (c) is
repealed, and after that paragraph there is inserted “; or
(d)
in a case falling within section 8A above,”;
(c)
after subsection (2A) there is inserted—
“(2AA)
Subsection (2A) does not apply where the child or young person
25
is convicted of an offence under section 1(10) above in respect of
an anti-social behaviour order.”
(5)
In section 10 (appeals against parenting orders), in subsection (4), after “section
8(1)(c)” there is inserted “or 8A”.
(6)
In section 7A of the Prosecution of Offences Act 1985 (powers of non-legal staff
30
of Crown Prosecution Service), in subsection (5), in the definition of
“preventative civil orders”, in paragraph (c), after “section 8” there is inserted
“or 8A”.
Private security industry
42
Extension of licensing scheme
35
(1)
The Private Security Industry Act 2001 is amended as follows.
(2)
After section 4 there is inserted—
“Licensing of businesses etc
4A
Requirement to license businesses etc
(1)
Subject to the following provisions of this Act, it shall be an offence for
40
any person to engage in any conduct licensable under this section
except under and in accordance with a licence under this section.