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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 4 — Provisions applying where court makes youth rehabilitation order etc.

132

 
 

Requirement

Person to whom copy of requirement is

 
  

to be given

 
 

An intoxicating substance

The person specified under

 
 

treatment requirement

paragraph 24(1).

 
 

An education requirement.

The local education authority

 

5

  

specified under paragraph 25(2).

 
 

An electronic monitoring

Any person who by virtue of

 
 

requirement.

paragraph 26(4) will be responsible

 
  

for the electronic monitoring.

 
  

Any person without whose consent

 

10

  

the requirement could not have been

 
  

included in the order.

 
 

Power to provide for court review of orders

35    (1)  

The Secretary of State may by order—

(a)   

enable or require a court making a youth rehabilitation order to

15

provide for the order to be reviewed periodically by that or another

court,

(b)   

enable a court to amend a youth rehabilitation order so as to include

or remove a provision for review by a court, and

(c)   

make provision as to the timing and conduct of reviews and as to the

20

powers of the court on a review.

      (2)  

An order under this paragraph may, in particular, make provision in

relation to youth rehabilitation orders corresponding to any provision made

by sections 191 and 192 of the Criminal Justice Act 2003 (c. 44) (reviews of

suspended sentence orders) in relation to suspended sentence orders.

25

      (3)  

An order under this paragraph may repeal or amend any provision of—

(a)   

this Part of this Act, or

(b)   

Chapter 1 of Part 12 of the Criminal Justice Act 2003 (general

provisions about sentencing).

Order made by Crown Court: direction in relation to further proceedings

30

36    (1)  

Where the Crown Court makes a youth rehabilitation order, it may include

in the order a direction that further proceedings relating to the order be in a

youth court or other magistrates’ court (subject to paragraph 7 of Schedule

2).

      (2)  

In sub-paragraph (1), “further proceedings”, in relation to a youth

35

rehabilitation order, means proceedings—

(a)   

for any failure to comply with the order within the meaning given by

paragraph 1(2)(b) of Schedule 2, or

(b)   

on any application for amendment or revocation of the order under

Part 3 or 4 of that Schedule.

40

 

 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order

133

 

Schedule 2

Section 2

 

Breach, revocation or amendment of youth rehabilitation orders

Part 1

Preliminary

Interpretation

5

1     (1)  

In this Schedule, “the offender”, in relation to a youth rehabilitation order,

means the person in respect of whom the order is made.

      (2)  

In this Schedule—

(a)   

any reference (however expressed) to an offender’s compliance with

a youth rehabilitation order is a reference to the offender’s

10

compliance with—

(i)   

the requirement or requirements imposed by the order, and

(ii)   

if the order imposes an attendance centre requirement, rules

made under section 222(1)(d) or (e) of the Criminal Justice

Act 2003 (c. 44) (“attendance centre rules”), and

15

(b)   

any reference (however expressed) to the offender’s failure to

comply with the order is a reference to any failure of the offender to

comply—

(i)   

with a requirement imposed by the order, or

(ii)   

if the order imposes an attendance centre requirement, with

20

attendance centre rules.

      (3)  

For the purposes of this Schedule—

(a)   

a requirement falling within any paragraph of Part 2 of Schedule 1 is

of the same kind as any other requirement falling within that

paragraph, and

25

(b)   

an electronic monitoring requirement is a requirement of the same

kind as any requirement falling within Part 2 of Schedule 1 to which

it relates.

Orders made on appeal

2          

Where a youth rehabilitation order has been made on appeal, for the

30

purposes of this Schedule it is to be treated—

(a)   

if it was made on an appeal from a magistrates’ court, as having been

made by a magistrates’ court;

(b)   

if it was made on an appeal brought from the Crown Court or from

the criminal division of the Court of Appeal, as having been made by

35

the Crown Court.

Part 2

Breach of requirement of order

Duty to give warning

3     (1)  

If the responsible officer is of the opinion that the offender has failed without

40

reasonable excuse to comply with a youth rehabilitation order, the

 

 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order

134

 

responsible officer must give the offender a warning under this paragraph

unless under paragraph 4(1) or (2) the responsible officer causes an

information to be laid before a justice of the peace in respect of the failure.

      (2)  

A warning under this paragraph must—

(a)   

describe the circumstances of the failure,

5

(b)   

state that the failure is unacceptable, and

(c)   

state that the offender will be liable to be brought before a court—

(i)   

in a case where the warning is given during the warned

period relating to a previous warning under this paragraph,

if during that period the offender again fails to comply with

10

the order, or

(ii)   

in any other case, if during the warned period relating to the

warning, the offender fails on more than one occasion to

comply with the order.

      (3)  

The responsible officer must, as soon as practicable after the warning has

15

been given, record that fact.

      (4)  

In this paragraph, “warned period”, in relation to a warning under this

paragraph, means the period of 12 months beginning with the date on which

the warning was given.

Breach of order

20

4     (1)  

If the responsible officer—

(a)   

has given a warning (“the first warning”) under paragraph 3 to the

offender in respect of a youth rehabilitation order,

(b)   

during the warned period relating to the first warning, has given

another warning under that paragraph to the offender in respect of a

25

failure to comply with the order, and

(c)   

is of the opinion that, during the warned period relating to the first

warning, the offender has again failed without reasonable excuse to

comply with the order,

           

the responsible officer must cause an information to be laid before a justice

30

of the peace in respect of the failure mentioned in paragraph (c).

      (2)  

If—

(a)   

the responsible officer is of the opinion that the offender has failed

without reasonable excuse to comply with a youth rehabilitation

order, and

35

(b)   

sub-paragraph (1) does not apply,

           

the responsible officer may cause an information to be laid before a justice of

the peace in respect of that failure.

      (3)  

In this paragraph, “warned period” has the same meaning as in paragraph 3.

Issue of summons or warrant by justice of the peace

40

5     (1)  

If at any time while a youth rehabilitation order is in force it appears on

information to a justice of the peace that an offender has failed to comply

with a youth rehabilitation order, the justice may—

(a)   

issue a summons requiring the offender to appear at the place and

time specified in it, or

45

 

 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order

135

 

(b)   

if the information is in writing and on oath, issue a warrant for the

offender’s arrest.

      (2)  

Any summons or warrant issued under this paragraph must direct the

offender to appear or be brought—

(a)   

if the youth rehabilitation order was made by the Crown Court and

5

does not include a direction under paragraph 36 of Schedule 1,

before the Crown Court, and

(b)   

in any other case, before the appropriate court.

      (3)  

In sub-paragraph (2), “appropriate court” means—

(a)   

if the offender is aged under 18, a youth court acting in the relevant

10

local justice area, and

(b)   

if the offender is aged 18 or over, a magistrates’ court (other than a

youth court) acting in that local justice area.

      (4)  

In sub-paragraph (3), “relevant local justice area” means—

(a)   

the local justice area in which the offender resides, or

15

(b)   

if it is not known where the offender resides, the local justice area

specified in the youth rehabilitation order.

      (5)  

Sub-paragraphs (6) and (7) apply where the offender does not appear in

answer to a summons issued under this paragraph.

      (6)  

If the summons required the offender to appear before the Crown Court, the

20

Crown Court may—

(a)   

unless the summons was issued under this sub-paragraph, issue a

further summons requiring the offender to appear at the place and

time specified in it, or

(b)   

in any case, issue a warrant for the arrest of the offender.

25

      (7)  

If the summons required the offender to appear before a magistrates’ court,

the magistrates’ court may issue a warrant for the arrest of the offender.

Powers of magistrates’ court

6     (1)  

This paragraph applies where—

(a)   

an offender appears or is brought before a youth court or other

30

magistrates’ court under paragraph 5, and

(b)   

it is proved to the satisfaction of the court that the offender has failed

without reasonable excuse to comply with the youth rehabilitation

order.

      (2)  

The court may deal with the offender in respect of that failure in any one of

35

the following ways (and must do so if the youth rehabilitation order is in

force)—

(a)   

by ordering the offender to pay a fine of an amount not exceeding—

(i)   

£250, if the offender is aged under 14, or

(ii)   

£1,000, in any other case;

40

(b)   

by amending the terms of the youth rehabilitation order so as to

impose any requirement which could have been included in the

order when it was made—

(i)   

in addition to, or

(ii)   

in substitution for,

45

   

any requirement or requirements already imposed by the order;

 

 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order

136

 

(c)   

by dealing with the offender, for the offence in respect of which the

order was made, in any way in which the court could have dealt with

the offender for that offence (had the offender been before that court

to be dealt with for it).

      (3)  

Sub-paragraph (2)(b) is subject to sub-paragraphs (6) to (9).

5

      (4)  

In dealing with the offender under sub-paragraph (2), the court must take

into account the extent to which the offender has complied with the youth

rehabilitation order.

      (5)  

A fine imposed under sub-paragraph (2)(a) is to be treated, for the purposes

of any enactment, as being a sum adjudged to be paid by a conviction.

10

      (6)  

Any requirement imposed under sub-paragraph (2)(b) must be capable of

being complied with before the date specified under paragraph 32(1) of

Schedule 1.

      (7)  

Where—

(a)   

the court is dealing with the offender under sub-paragraph (2)(b),

15

and

(b)   

the youth rehabilitation order does not contain an unpaid work

requirement,

           

paragraph 10(2) of Schedule 1 applies in relation to the inclusion of such a

requirement as if for “40” there were substituted “20”.

20

      (8)  

The court may not under sub-paragraph (2)(b) impose—

(a)   

an extended activity requirement, or

(b)   

a fostering requirement,

           

if the order does not already impose such a requirement.

      (9)  

Where—

25

(a)   

the order imposes a fostering requirement (the “original

requirement”), and

(b)   

under sub-paragraph (2)(b) the court proposes to substitute a new

fostering requirement (“the substitute requirement”) for the original

requirement,

30

           

paragraph 18(2) of Schedule 1 applies in relation to the substitute

requirement as if the reference to the period of 12 months beginning with the

date on which the original requirement first had effect were a reference to

the period of 18 months beginning with that date.

     (10)  

Where—

35

(a)   

the court deals with the offender under sub-paragraph (2)(b), and

(b)   

it would not otherwise have the power to amend the youth

rehabilitation order under paragraph 13 (amendment by reason of

change of residence),

           

that paragraph has effect as if references in it to the appropriate court were

40

references to the court which is dealing with the offender.

     (11)  

Where the court deals with the offender under sub-paragraph (2)(c), it must

revoke the youth rehabilitation order if it is still in force.

     (12)  

Sub-paragraphs (13) to (15) apply where—

(a)   

the court is dealing with the offender under sub-paragraph (2)(c),

45

and

 

 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order

137

 

(b)   

the offender has wilfully and persistently failed to comply with a

youth rehabilitation order.

     (13)  

The court may impose a youth rehabilitation order with intensive

supervision and surveillance notwithstanding anything in section 1(4)(a) or

(b).

5

     (14)  

If—

(a)   

the order is a youth rehabilitation order with intensive supervision

and surveillance, and

(b)   

the offence mentioned in sub-paragraph (2)(c) was punishable with

imprisonment,

10

           

the court may impose a custodial sentence notwithstanding anything in

section 152(2) of the Criminal Justice Act 2003 (c. 44) (general restrictions on

imposing discretionary custodial sentences).

     (15)  

If—

(a)   

the order is a youth rehabilitation order with intensive supervision

15

and surveillance which was imposed by virtue of sub-paragraph (13)

or paragraph 8(12), and

(b)   

the offence mentioned in sub-paragraph (2)(c) was not punishable

with imprisonment,

           

for the purposes of dealing with the offender under sub-paragraph (2)(c), the

20

court is to be taken to have had power to deal with the offender for that

offence by making a detention and training order for a term not exceeding 4

months.

     (16)  

An offender may appeal to the Crown Court against a sentence imposed

under sub-paragraph (2)(c).

25

Power of magistrates’ court to refer offender to Crown Court

7     (1)  

Sub-paragraph (2) applies if—

(a)   

the youth rehabilitation order was made by the Crown Court and

contains a direction under paragraph 36 of Schedule 1, and

(b)   

a youth court or other magistrates’ court would (apart from that sub-

30

paragraph) be required, or has the power, to deal with the offender

in one of the ways mentioned in paragraph 6(2).

      (2)  

The court may instead—

(a)   

commit the offender in custody, or

(b)   

release the offender on bail,

35

           

until the offender can be brought or appear before the Crown Court.

      (3)  

Where a court deals with the offender’s case under sub-paragraph (2) it

must send to the Crown Court—

(a)   

a certificate signed by a justice of the peace certifying that the

offender has failed to comply with the youth rehabilitation order in

40

the respect specified in the certificate, and

(b)   

such other particulars of the case as may be desirable;

           

and a certificate purporting to be so signed is admissible as evidence of the

failure before the Crown Court.

 

 

Criminal Justice and Immigration Bill
Schedule 2 — Breach, revocation or amendment of youth rehabilitation orders
Part 2 — Breach of requirement of order

138

 

Powers of Crown Court

8     (1)  

This paragraph applies where—

(a)   

an offender appears or is brought before the Crown Court under

paragraph 5 or by virtue of paragraph 7(2), and

(b)   

it is proved to the satisfaction of that court that the offender has failed

5

without reasonable excuse to comply with the youth rehabilitation

order.

      (2)  

The Crown Court may deal with the offender in respect of that failure in any

one of the following ways (and must do so if the youth rehabilitation order

is in force)—

10

(a)   

by ordering the offender to pay a fine of an amount not exceeding—

(i)   

£250, if the offender is aged under 14, or

(ii)   

£1,000, in any other case;

(b)   

by amending the terms of the youth rehabilitation order so as to

impose any requirement which could have been included in the

15

order when it was made—

(i)   

in addition to, or

(ii)   

in substitution for,

   

any requirement or requirements already imposed by the order;

(c)   

by dealing with the offender, for the offence in respect of which the

20

order was made, in any way in which the Crown Court could have

dealt with the offender for that offence.

      (3)  

Sub-paragraph (2)(b) is subject to sub-paragraphs (6) to (9).

      (4)  

In dealing with the offender under sub-paragraph (2), the Crown Court

must take into account the extent to which the offender has complied with

25

the youth rehabilitation order.

      (5)  

A fine imposed under sub-paragraph (2)(a) is to be treated, for the purposes

of any enactment, as being a sum adjudged to be paid by a conviction.

      (6)  

Any requirement imposed under sub-paragraph (2)(b) must be capable of

being complied with before the date specified under paragraph 32(1) of

30

Schedule 1.

      (7)  

Where—

(a)   

the court is dealing with the offender under sub-paragraph (2)(b),

and

(b)   

the youth rehabilitation order does not contain an unpaid work

35

requirement,

           

paragraph 10(2) of Schedule 1 applies in relation to the inclusion of such a

requirement as if for “40” there were substituted “20”.

      (8)  

The court may not under sub-paragraph (2)(b) impose—

(a)   

an extended activity requirement, or

40

(b)   

a fostering requirement,

           

if the order does not already impose such a requirement.

      (9)  

Where—

(a)   

the order imposes a fostering requirement (the “original

requirement”), and

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