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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

150

 

Schedule 3

Section 3

 

Transfer of youth rehabilitation orders to Northern Ireland

Part 1

Making or amendment of a youth rehabilitation order where offender resides

or proposes to reside in Northern Ireland

5

Making of youth rehabilitation order where offender resides or will reside in Northern Ireland

1     (1)  

This paragraph applies where a court considering the making of a youth

rehabilitation order is satisfied that the offender—

(a)   

resides in Northern Ireland, or

(b)   

will reside there when the order takes effect.

10

      (2)  

The court may not make a youth rehabilitation order in respect of the

offender unless it appears to the court that—

(a)   

in the case of an order imposing a requirement mentioned in sub-

paragraph (6), the conditions in sub-paragraphs (3), (4) and (5) are

satisfied, or

15

(b)   

in any other case, that the conditions in sub-paragraphs (3) and (4)

are satisfied.

      (3)  

The condition in this sub-paragraph is satisfied if the number of hours, days

or months in respect of which any requirement of the order is imposed is no

greater than the number of hours, days or months which may be imposed by

20

a court in Northern Ireland in respect of a similar requirement in the order

which the court proposes to specify as the corresponding order under

paragraph 3(b).

      (4)  

The condition in this sub-paragraph is satisfied if suitable arrangements for

the offender’s supervision can be made by the Probation Board for Northern

25

Ireland or any other body designated by the Secretary of State by order.

      (5)  

The condition in this sub-paragraph is satisfied in relation to an order

imposing a requirement mentioned in sub-paragraph (6) if—

(a)   

arrangements exist for persons to comply with such a requirement in

the petty sessions district in Northern Ireland in which the offender

30

resides, or will be residing when the order takes effect, and

(b)   

provision can be made for the offender to comply with the

requirement under those arrangements.

      (6)  

The requirements referred to in sub-paragraphs (2)(a) and (5) are—

(a)   

an activity requirement (including an extended activity

35

requirement);

(b)   

an unpaid work requirement;

(c)   

a programme requirement;

(d)   

an attendance centre requirement;

(e)   

a mental health treatment requirement;

40

(f)   

a drug treatment requirement;

(g)   

a drug testing requirement;

(h)   

an education requirement;

(i)   

an electronic monitoring requirement.

 

 

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

151

 

      (7)  

The court may not by virtue of this paragraph require a local authority

residence requirement or a fostering requirement to be complied with in

Northern Ireland.

Amendment of youth rehabilitation order where offender resides or proposes to reside in

Northern Ireland

5

2     (1)  

This paragraph applies where the appropriate court for the purposes of

paragraph 13(2) of Schedule 2 (amendment by reason of change of

residence) or the Crown Court is satisfied that an offender in respect of

whom a youth rehabilitation order is in force is residing or proposes to

reside in Northern Ireland.

10

      (2)  

The power of the court to amend the order under Part 4 of Schedule 2

includes power to amend it by requiring it to be complied with in Northern

Ireland if it appears to the court that—

(a)   

in the case of an order which once amended will impose a

requirement mentioned in sub-paragraph (6), that the conditions in

15

sub-paragraphs (3), (4) and (5) are satisfied, or

(b)   

in any other case, that the conditions in sub-paragraphs (3) and (4)

are satisfied.

      (3)  

The condition in this sub-paragraph is satisfied if the number of hours, days

or months in respect of which any requirement of the order is imposed is no

20

greater than the number of hours, days or months which may be imposed by

a court in Northern Ireland in respect of a similar requirement in the order

which the court proposes to specify as the corresponding order under

paragraph 3(b).

      (4)  

The condition in this sub-paragraph is satisfied if suitable arrangements for

25

the offender’s supervision can be made by the Probation Board for Northern

Ireland or any other body designated by the Secretary of State by order.

      (5)  

The condition in this sub-paragraph is satisfied in relation to an order that

will impose a requirement mentioned in sub-paragraph (6) if—

(a)   

arrangements exist for persons to comply with such a requirement in

30

the petty sessions district in Northern Ireland in which the offender

resides, or will be residing when the amendment to the order takes

effect, and

(b)   

provision can be made for the offender to comply with the

requirement under those arrangements.

35

      (6)  

The requirements referred to in sub-paragraphs (2)(a) and (5) are—

(a)   

an activity requirement (including an extended activity

requirement);

(b)   

an unpaid work requirement;

(c)   

a programme requirement;

40

(d)   

an attendance centre requirement;

(e)   

a mental health treatment requirement;

(f)   

a drug treatment requirement;

(g)   

a drug testing requirement;

(h)   

an education requirement;

45

(i)   

an electronic monitoring requirement.

 

 

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

152

 

      (7)  

The court may not by virtue of this paragraph require a local authority

residence requirement or a fostering requirement to be complied with in

Northern Ireland.

Further provisions regarding the making or amending of youth rehabilitation orders under

paragraphs 1 or 2

5

3          

A youth rehabilitation order made or amended in accordance with

paragraph 1 or 2 must—

(a)   

specify the petty sessions district in Northern Ireland in which the

offender resides or will be residing when the order or amendment

takes effect, and

10

(b)   

specify as the corresponding order for the purposes of this Schedule

an order that may be made by a court in Northern Ireland,

           

and paragraph 33 of Schedule 1 (local justice area to be specified in order)

does not apply in relation to an order so made or amended.

4     (1)  

Before making or amending a youth rehabilitation order in accordance with

15

paragraph 1 or 2, the court must explain to the offender in ordinary

language—

(a)   

the requirements of the legislation in Northern Ireland relating to the

order to be specified under paragraph 3(b),

(b)   

the powers of the home court under that legislation, as modified by

20

Part 2 of this Schedule, and

(c)   

its own powers under Part 2 of this Schedule.

      (2)  

The court which makes or amends the order must—

(a)   

provide the persons mentioned in sub-paragraph (3) with a copy of

the order as made or amended, and

25

(b)   

provide the home court with such other documents and information

relating to the case as it considers likely to be of assistance to that

court;

           

and sub-paragraphs (1) to (3) of paragraph 34 of Schedule 1 (provision of

copies of orders) do not apply.

30

      (3)  

The persons referred to in sub-paragraph (2)(a) are—

(a)   

the offender,

(b)   

where the offender is aged under 14—

(i)   

the offender’s parent or guardian, or

(ii)   

if an authority in Northern Ireland has parental

35

responsibility for, and is looking after, the offender, the

authority,

(c)   

the body which is to make suitable arrangements for the offender’s

supervision under the order, and

(d)   

the home court.

40

      (4)  

In sub-paragraph (3)(b)(ii)—

(a)   

“authority” has the meaning given by Article 2 of the Children

(Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

(b)   

references to an offender who is looked after by an authority are to

be construed in accordance with Article 25 of that Order, and

45

(c)   

“parental responsibility” has the same meaning as in that Order.

      (5)  

In this paragraph, “home court” has the meaning given by paragraph 8.

 

 

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

153

 

Modifications to Part 1

5     (1)  

Where a court is considering the making or amendment of a youth

rehabilitation order by virtue of paragraph 1 or 2, Part 1 of this Act (youth

rehabilitation orders) has effect subject to the following modifications.

      (2)  

The following provisions of Schedule 1 are omitted—

5

(a)   

in paragraph 8(3)(a) (activity requirement: further provisions), the

words “a member of a youth offending team or”,

(b)   

paragraphs 8(3)(c), 10(3)(b) and 12(3)(a) (availability of

arrangements in local area: activity requirement, unpaid work

requirement and attendance centre requirement),

10

(c)   

paragraph 16(7) (residence requirement: restriction on requiring

residence at hostel or institution), and

(d)   

paragraphs 18(7), 22(4)(a), 23(3)(a) and 26(6) and (7) (availability of

arrangements in local area: fostering requirement, drug treatment

and testing requirements and electronic monitoring requirement).

15

      (3)  

In paragraph 12 of Schedule 1 (attendance centre requirement) any reference

to an attendance centre has effect as a reference to an attendance centre as

defined by Article 50(1) of the Criminal Justice (Children) (Northern Ireland)

Order 1998 (S.I. 1998/1504 (N.I. 9)).

      (4)  

In paragraph 20 of that Schedule (mental health treatment requirement), for

20

sub-paragraph (2)(a) there is substituted—

“(a)   

treatment as a resident patient at such hospital as may be

specified in the order, being a hospital within the meaning

of the Health and Personal Social Services (Northern

Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)), approved by

25

the Department of Health, Social Services and Public

Safety for the purposes of paragraph 4(3) of Schedule 1 to

the Criminal Justice (Northern Ireland) Order 1996 (S.I.

1996/3160 (N.I. 24));”.

      (5)  

In paragraphs 25 (education requirement) and 34(4) (additional persons to

30

whom court must give a copy of the order) of that Schedule, any reference

to a local education authority (except in sub-paragraph (6) of paragraph 25)

has effect as a reference to an Education and Library Board established

under Article 3 of the Education and Libraries (Northern Ireland) Order 1986

(S.I. 1986/594 (N.I. 3)).

35

      (6)  

In paragraph 26 of that Schedule (electronic monitoring requirements:

common provisions) sub-paragraph (5) is omitted.

      (7)  

Paragraph 36 of that Schedule has effect as if it required the Crown Court,

where it makes a direction under that paragraph, to specify the youth court

or other magistrates’ court in England and Wales which is to be the relevant

40

court in England or Wales for the purposes of Part 2 of this Schedule.

      (8)  

Any reference to the responsible officer has effect as a reference to the person

who is to be responsible for the offender’s supervision under the order.

Meaning of “supervision”

6          

In this Part of this Schedule “supervision”, in relation to a youth

45

rehabilitation order which a court is considering making or amending in

accordance with paragraph 1 or 2, means the performance of supervisory,

 

 

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 2 — Provisions relating to an order made or amended under Part 1

154

 

enforcement and other related functions conferred by the legislation which

has effect in Northern Ireland relating to corresponding orders of the kind

which the court proposes to specify under paragraph 3(b).

Part 2

Provisions relating to an order made or amended under Part 1

5

Application of this Part

7          

This Part of this Schedule applies where a youth rehabilitation order is made

or amended in accordance with Part 1 of this Schedule.

Interpretation

8          

In this Part of this Schedule, in relation to the youth rehabilitation order—

10

“corresponding order” means the order specified under paragraph

3(b);

“home court” means—

(a)   

the court of summary jurisdiction acting for the petty

sessions district in Northern Ireland in which the offender

15

resides or proposes to reside, or

(b)   

where the youth rehabilitation order was made or amended

by the Crown Court and the Crown Court in Northern

Ireland has not made a direction under paragraph 11, the

Crown Court in Northern Ireland;

20

“supervision” means the performance of supervisory, enforcement and

other related functions conferred by the legislation which has effect

in Northern Ireland relating to the corresponding order;

“the relevant court in England or Wales” means—

(a)   

the court in England and Wales which made or which last

25

amended the order, or

(b)   

if the order was made by the Crown Court and includes a

direction under paragraph 36 of Schedule 1, such youth court

or other magistrates’ court as may be specified in the order;

“the relevant officer” means the person responsible for the offender’s

30

supervision under the order.

Effect of the youth rehabilitation order in Northern Ireland

9     (1)  

The youth rehabilitation order is to be treated in Northern Ireland as if it

were a corresponding order and the legislation which has effect in Northern

Ireland in relation to such orders applies accordingly.

35

      (2)  

Sub-paragraph (1) is subject to paragraphs 12 to 16.

Duty of offender to keep in touch with relevant officer

10         

In section 5(5) (duty of offender to keep in touch with responsible officer),

references to the responsible officer are to be read as references to the

relevant officer.

40

 

 

Criminal Justice and Immigration Bill
Schedule 3 — Transfer of youth rehabilitation orders to Northern Ireland
Part 2 — Provisions relating to an order made or amended under Part 1

155

 

Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before

a court of summary jurisdiction

11         

Where the youth rehabilitation order was made or amended by the Crown

Court, the Crown Court in Northern Ireland may direct that any

proceedings in Northern Ireland in relation to the order be before the court

5

of summary jurisdiction acting for the petty sessions district in which the

offender resides or proposes to reside.

Powers of the home court in respect of the youth rehabilitation order

12         

The home court may exercise in relation to the youth rehabilitation order

any power which it could exercise in relation to a corresponding order made

10

by a court in Northern Ireland, by virtue of the legislation relating to such

orders which has effect there, except the following—

(a)   

any power to discharge or revoke the order (other than a power to

revoke the order where the offender has been convicted of a further

offence and the court has imposed a custodial sentence),

15

(b)   

any power to deal with the offender for the offence in respect of

which the order was made, and

(c)   

in the case of a youth rehabilitation order imposing a curfew

requirement, any power to vary the order by substituting for the

period specified in it any longer period than the court which made

20

the order could have specified.

13    (1)  

The home court may require the offender to appear before the relevant court

in England or Wales if sub-paragraph (2) or (3) applies.

      (2)  

This sub-paragraph applies where it appears to the home court upon a

complaint being made to a lay magistrate acting for the petty sessions

25

district for the time being specified in the order that the offender has failed

to comply with one or more requirements of the order.

      (3)  

This sub-paragraph applies where it appears to the home court, on the

application of the offender or the relevant officer, that it would be in the

interests of justice for a power conferred by any of paragraphs 11 to 14 of

30

Schedule 2 to be exercised.

14         

Where an offender is required by virtue of paragraph 13 to appear before the

relevant court in England or Wales—

(a)   

the home court must send to that court a certificate certifying that the

offender has failed to comply with such of the requirements of the

35

order as may be specified in the certificate, together with such other

particulars of the case as may be desirable, and

(b)   

a certificate purporting to be signed by the clerk of the home court

(or, if the home court is the Crown Court in Northern Ireland, by the

chief clerk) is admissible as evidence of the failure before the relevant

40

court in England or Wales.

Powers of court in England or Wales before which the offender is required to appear

15         

Where an offender is required by virtue of paragraph 13 to appear before the

relevant court in England or Wales, that court may—

(a)   

issue a warrant for the offender’s arrest, and

45

 

 

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 1 — Consequential amendments

156

 

(b)   

exercise any power which it could exercise in respect of the youth

rehabilitation order if the offender resided in England or Wales,

           

and any enactment relating to the exercise of such powers has effect

accordingly, and with any reference to the responsible officer being read as

a reference to the relevant officer.

5

16    (1)  

Paragraph 15(b) does not enable the relevant court in England or Wales to

amend the youth rehabilitation order unless it appears to the court that the

conditions in paragraph 2(2)(a) and (b) are satisfied in relation to any

requirement to be imposed.

      (2)  

The preceding paragraphs of this Schedule have effect in relation to the

10

amendment of the youth rehabilitation order by virtue of paragraph 15(b) as

they have effect in relation to the amendment of such an order by virtue of

paragraph 2(2).

Power to amend provisions of Schedule in consequence of changes to the law in Northern

Ireland

15

17    (1)  

This paragraph applies where a change is made to the law in Northern

Ireland adding further descriptions of orders to the kinds of orders which a

court in that jurisdiction may impose in dealing with an offender aged under

18 at the time of conviction.

      (2)  

The Secretary of State may by order make such amendments to any of the

20

preceding provisions of this Schedule as appear expedient in consequence of

the change.

Schedule 4

Section 6

 

Youth rehabilitation orders: consequential and related amendments

Part 1

25

Consequential amendments

Children and Young Persons Act 1933 (c. 12)

1          

The Children and Young Persons Act 1933 has effect subject to the following

amendments.

2     (1)  

Section 34 (attendance at court of parent of child or young person charged

30

with an offence, etc.) is amended as follows.

      (2)  

In subsection (7), omit “section 163 of the Powers of Criminal Courts

(Sentencing) Act 2000 or”.

      (3)  

After subsection (7A) insert—

“(7B)   

If it appears that at the time of his arrest a youth rehabilitation order,

35

as defined in Part 1 of the Criminal Justice and Immigration Act 2008,

is in force in respect of him, the responsible officer, as defined in

section 4 of that Act, shall also be informed as described in subsection

(3) above as soon as it is reasonably practicable to do so.”

 

 

 
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