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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 2 — Related amendments

178

 

Child Abduction Act 1984 (c. 37)

102        

In paragraph 2(1) of the Schedule to the Child Abduction Act 1984

(modifications of section 1 for children in certain cases)—

(a)   

in paragraph (a), after “under” insert “paragraph 4(1)(a) of Schedule

1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts

5

(Sentencing) Act 2000 or”, and

(b)   

in paragraph (b), before “or” (as inserted by paragraph 31(b) of this

Schedule) insert “, paragraph 4 of Schedule 1 or paragraph 6 of

Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000”.

Children Act 1989 (c. 41)

10

103        

In section 21(2)(c) of the Children Act 1989 (provision of accommodation for

children in police protection or detention or on remand, etc.), after sub-

paragraph (i) insert—

“(ia)   

remanded to accommodation provided by or on

behalf of a local authority by virtue of paragraph 4

15

of Schedule 1 or paragraph 6 of Schedule 8 to the

Powers of Criminal Courts (Sentencing) Act 2000

(breach etc. of referral orders and reparation

orders);”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

20

104        

The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the

following amendments.

105        

In Schedule 1 (youth offender panels: further court proceedings), after

paragraph 9 insert—

“Power to adjourn hearing and remand offender

25

9ZA   (1)  

This paragraph applies to any hearing relating to an offender held

by a youth court or other magistrates’ court in proceedings under

this Part of this Schedule.

      (2)  

The court may adjourn the hearing, and, where it does so, may—

(a)   

direct that the offender be released forthwith, or

30

(b)   

remand the offender.

      (3)  

Where the court remands the offender under sub-paragraph (2)—

(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

35

offender is required to appear or be brought before the

court by virtue of the remand.

      (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

40

resumed, but

(b)   

if it does not do so, must not resume the hearing unless it

is satisfied that the persons mentioned in sub-paragraph

 

 

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 2 — Related amendments

179

 

(5) have had adequate notice of the time and place for the

resumed hearing.

      (5)  

The persons referred to in sub-paragraph (4)(b) are—

(a)   

the offender,

(b)   

if the offender is aged under 14, a parent or guardian of the

5

offender, and

(c)   

a member of the youth offending team specified under

section 18(1)(a) as responsible for implementing the order.

      (6)  

If a local authority has parental responsibility for an offender who

is in its care or provided with accommodation by it in the exercise

10

of any social services functions, the reference in sub-paragraph

(5)(b) to a parent or guardian of the offender is to be read as a

reference to that authority.

      (7)  

In sub-paragraph (6)—

“local authority” has the same meaning as it has in Part 1 of

15

the Criminal Justice and Immigration Act 2008 by virtue of

section 7 of that Act,

“parental responsibility” has the same meaning as it has in

the Children Act 1989 by virtue of section 3 of that Act, and

“social services functions” has the same meaning as it has in

20

the Local Authority Social Services Act 1970 by virtue of

section 1A of that Act.

      (8)  

The powers of a magistrates’ court under this paragraph may be

exercised by a single justice of the peace, notwithstanding

anything in the Magistrates’ Courts Act 1980.

25

      (9)  

This paragraph—

(a)   

applies to any hearing in proceedings under this Part of

this Schedule in place of section 10 of the Magistrates’

Courts Act 1980 (adjournment of trial) where that section

would otherwise apply, but

30

(b)   

is not to be taken to affect the application of that section to

hearings of any other description.”

106   (1)  

Schedule 8 (breach, revocation and amendment of action plan orders and

reparation orders) is amended as follows.

      (2)  

Omit paragraph 1 and the heading before that paragraph.

35

      (3)  

In paragraph 2(1), for “the appropriate court,” substitute—

“(a)   

a youth court acting in the local justice area in which the

offender resides, or

(b)   

if it is not known where the offender resides, a youth court

acting in the local justice area for the time being named in the

40

order in pursuance of section 74(4) of this Act,”.

      (4)  

In paragraph 5—

(a)   

in sub-paragraphs (1) and (3), for “appropriate court” substitute

“relevant court”, and

(b)   

at the end insert—

45

    “(4)  

In this paragraph, “the relevant court” means—

 

 

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 2 — Related amendments

180

 

(a)   

a youth court acting in the local justice area for the

time being named in the order in pursuance of

section 74(4) of this Act, or

(b)   

in the case of an application made both under this

paragraph and under paragraph 2(1), the court

5

mentioned in paragraph 2(1).”

      (5)  

In paragraph 6—

(a)   

in sub-paragraph (1), for “the appropriate court” substitute “a court”,

(b)   

in sub-paragraph (4), for “the appropriate court” substitute “the

court before which the warrant directs the offender to be brought

10

(“the relevant court”)”,

(c)   

in sub-paragraph (5), for “the appropriate court” substitute “the

relevant court”, and

(d)   

in sub-paragraph (7), for “the appropriate court”, in each place it

occurs, substitute “the relevant court”.

15

      (6)  

After paragraph 6 insert—

“Power to adjourn hearing and remand offender

6A    (1)  

This paragraph applies to any hearing relating to an offender held

by a youth court in any proceedings under this Schedule.

      (2)  

The court may adjourn the hearing, and, where it does so, may—

20

(a)   

direct that the offender be released forthwith, or

(b)   

remand the offender.

      (3)  

Where the court remands the offender under sub-paragraph (2)—

(a)   

it must fix the time and place at which the hearing is to be

resumed, and

25

(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.

      (4)  

Where the court adjourns the hearing under sub-paragraph (2) but

does not remand the offender—

30

(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

is satisfied that the persons mentioned in sub-paragraph

(5) have had adequate notice of the time and place for the

35

resumed hearing.

      (5)  

The persons referred to in sub-paragraph (4)(b) are—

(a)   

the offender,

(b)   

if the offender is aged under 14, a parent or guardian of the

offender, and

40

(c)   

the responsible officer.

      (6)  

If a local authority has parental responsibility for an offender who

is in its care or provided with accommodation by it in the exercise

of any social services functions, the reference in sub-paragraph

(5)(b) to a parent or guardian of the offender is to be read as a

45

reference to that authority.

 

 

Criminal Justice and Immigration Bill
Schedule 4 — Youth rehabilitation orders: consequential and related amendments
Part 2 — Related amendments

181

 

      (7)  

In sub-paragraph (6)—

“local authority” has the same meaning as it has in Part 1 of

the Criminal Justice and Immigration Act 2008 by virtue of

section 7 of that Act,

“parental responsibility” has the same meaning as it has in

5

the Children Act 1989 by virtue of section 3 of that Act, and

“social services functions” has the same meaning as it has in

the Local Authority Social Services Act 1970 by virtue of

section 1A of that Act.

      (8)  

The powers of a youth court under this paragraph may be

10

exercised by a single justice of the peace, notwithstanding

anything in the Magistrates’ Courts Act 1980.

      (9)  

This paragraph—

(a)   

applies to any hearing in any proceedings under this

Schedule in place of section 10 of the Magistrates’ Courts

15

Act 1980 (adjournment of trial) where that section would

otherwise apply, but

(b)   

is not to be taken to affect the application of that section to

hearings of any other description.”

Criminal Justice Act 2003 (c. 44)

20

107        

In Schedule 8 to the Criminal Justice Act 2003 (breach, revocation or

amendment of community order), after paragraph 25 insert—

“25A  (1)  

This paragraph applies to any hearing relating to an offender held

by a magistrates’ court in any proceedings under this Schedule.

      (2)  

The court may adjourn the hearing, and, where it does so, may—

25

(a)   

direct that the offender be released forthwith, or

(b)   

remand the offender.

      (3)  

Where the court remands the offender under sub-paragraph (2)—

(a)   

it must fix the time and place at which the hearing is to be

resumed, and

30

(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.

      (4)  

Where the court adjourns the hearing under sub-paragraph (2) but

does not remand the offender—

35

(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

is satisfied that the offender and the responsible officer

have had adequate notice of the time and place for the

40

resumed hearing.

      (5)  

The powers of a magistrates’ court under this paragraph may be

exercised by a single justice of the peace, notwithstanding

anything in the Magistrates’ Courts Act 1980.

      (6)  

This paragraph—

45

 

 

Criminal Justice and Immigration Bill
Schedule 5 — Offences specified for the purposes of sections 225(3A) and 227(2A) of the Criminal Justice Act 2003

182

 

(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

otherwise apply, but

(b)   

is not to be taken to affect the application of that section to

5

hearings of any other description.”

Schedule 5

Section 13(2)

 

Offences specified for the purposes of sections 225(3A) and 227(2A) of the

Criminal Justice Act 2003

“Schedule 15A

10

Offences specified for the purposes of sections 225(3A) and 227(2A)

Part 1

Offences under the law of England and Wales

1          

Murder.

2          

Manslaughter.

15

3          

An offence under section 4 of the Offences against the Person Act

1861 (c. 100) (soliciting murder).

4          

An offence under section 18 of that Act (wounding with intent to

cause grievous bodily harm).

5          

An offence under section 1 of the Sexual Offences Act 1956 (c. 69)

20

(rape).

6          

An offence under section 5 of that Act (intercourse with a girl

under 13).

7          

An offence under section 16 of the Firearms Act 1968 (c. 27)

(possession of firearm with intent to endanger life).

25

8          

An offence under section 17(1) of that Act (use of a firearm to resist

arrest).

9          

An offence under section 18 of that Act (carrying a firearm with

criminal intent).

10         

An offence of robbery under section 8 of the Theft Act 1968 (c. 60)

30

where, at some time during the commission of the offence, the

offender had in his possession a firearm or an imitation firearm

within the meaning of the Firearms Act 1968.

11         

An offence under section 1 of the Sexual Offences Act 2003 (c. 42)

(rape).

35

12         

An offence under section 2 of that Act (assault by penetration).

 

 

Criminal Justice and Immigration Bill
Schedule 5 — Offences specified for the purposes of sections 225(3A) and 227(2A) of the Criminal Justice Act 2003

183

 

13         

An offence under section 4 of that Act (causing a person to engage

in sexual activity without consent) if the offender was liable on

conviction on indictment to imprisonment for life.

14         

An offence under section 5 of that Act (rape of a child under 13).

15         

An offence under section 6 of that Act (assault of a child under 13

5

by penetration).

16         

An offence under section 8 of that Act (causing or inciting a child

under 13 to engage in sexual activity) if the offender was liable on

conviction on indictment to imprisonment for life.

17         

An offence under section 30 of that Act (sexual activity with a

10

person with a mental disorder impeding choice) if the offender

was liable on conviction on indictment to imprisonment for life.

18         

An offence under section 31 of that Act (causing or inciting a

person with a mental disorder to engage in sexual activity) if the

offender was liable on conviction on indictment to imprisonment

15

for life.

19         

An offence under section 34 of that Act (inducement, threat or

deception to procure sexual activity with a person with a mental

disorder) if the offender was liable on conviction on indictment to

imprisonment for life.

20

20         

An offence under section 35 of that Act (causing a person with a

mental disorder to engage in or agree to engage in sexual activity

by inducement etc.) if the offender was liable on conviction on

indictment to imprisonment for life.

21         

An offence under section 47 of that Act (paying for sexual services

25

of a child) if the offender was liable on conviction on indictment to

imprisonment for life.

22         

An offence under section 62 of that Act (committing an offence

with intent to commit a sexual offence) if the offender was liable

on conviction on indictment to imprisonment for life.

30

23    (1)  

An attempt to commit an offence specified in the preceding

paragraphs of this Part of this Schedule (“a listed offence”).

      (2)  

Conspiracy to commit a listed offence.

      (3)  

Incitement to commit a listed offence.

      (4)  

An offence under Part 2 of the Serious Crime Act 2007 in relation

35

to which a listed offence is the offence (or one of the offences)

which the person intended or believed would be committed.

      (5)  

Aiding, abetting, counselling or procuring the commission of a

listed offence.

Part 2

40

Offences under the law of Scotland

24         

Murder.

 

 

Criminal Justice and Immigration Bill
Schedule 5 — Offences specified for the purposes of sections 225(3A) and 227(2A) of the Criminal Justice Act 2003

184

 

25         

Culpable homicide.

26         

Rape.

27         

Assault where the assault—

(a)   

is aggravated because it caused severe injury or

endangered the victim’s life, or

5

(b)   

was carried out with intent to rape or ravish the victim.

28         

Sodomy where the person against whom the offence was

committed did not consent.

29         

Lewd, indecent or libidinous behaviour or practices.

30         

Robbery, where, at some time during the commission of the

10

offence, the offender had in his possession a firearm or an

imitation firearm within the meaning of the Firearms Act 1968

(c. 27).

31         

An offence under section 16 of the Firearms Act 1968 (possession

of firearm with intent to endanger life).

15

32         

An offence under section 17(1) of that Act (use of a firearm to resist

arrest).

33         

An offence under section 18 of that Act (carrying a firearm with

criminal intent).

34         

An offence under section 5(1) of the Criminal Law (Consolidation)

20

(Scotland) Act 1995 (c. 39) (unlawful intercourse with a girl under

13).

35    (1)  

An attempt to commit an offence specified in the preceding

paragraphs of this Part of this Schedule (“a listed offence”).

      (2)  

Conspiracy to commit a listed offence.

25

      (3)  

Incitement to commit a listed offence.

      (4)  

Aiding, abetting, counselling or procuring the commission of a

listed offence.

Part 3

Offences under the law of Northern Ireland

30

36         

Murder.

37         

Manslaughter.

38         

Rape.

39         

An offence under section 4 of the Offences against the Person Act

1861 (c. 100) (soliciting murder).

35

40         

An offence under section 18 of that Act (wounding with intent to

cause grievous bodily harm).

41         

An offence under section 4 of the Criminal Law Amendment Act

1885 (c. 69) (intercourse with a girl under 14).

 

 

 
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