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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 1 — Youth rehabilitation orders

1

 

A

Bill

To

Make further provision about criminal justice (including provision about the

police) and dealing with offenders and defaulters; to provide for the

establishment and functions of Her Majesty’s Commissioner for Offender

Management and Prisons and to make further provision about the

management of offenders; to amend the criminal law; to make further

provision for combatting crime and disorder; to make provision about the

mutual recognition of financial penalties; to make provision for a new

immigration status in certain cases involving criminality; and for connected

purposes.  

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Youth rehabilitation orders

Youth rehabilitation orders

1       

Youth rehabilitation orders

(1)   

Where a person aged under 18 is convicted of an offence, the court by or before

5

which the person is convicted may in accordance with Schedule 1 make an

order (in this Part referred to as a “youth rehabilitation order”) imposing on the

person any one or more of the following requirements—

(a)   

an activity requirement (see paragraphs 6 to 8 of Schedule 1),

(b)   

a supervision requirement (see paragraph 9 of that Schedule),

10

(c)   

in a case where the offender is aged 16 or 17 at the time of the

conviction, an unpaid work requirement (see paragraph 10 of that

Schedule),

(d)   

a programme requirement (see paragraph 11 of that Schedule),

(e)   

an attendance centre requirement (see paragraph 12 of that Schedule),

15

 
Bill 13054/2
 
 

Criminal Justice and Immigration Bill
Part 1 — Youth rehabilitation orders

2

 

(f)   

a prohibited activity requirement (see paragraph 13 of that Schedule),

(g)   

a curfew requirement (see paragraph 14 of that Schedule),

(h)   

an exclusion requirement (see paragraph 15 of that Schedule),

(i)   

a residence requirement (see paragraph 16 of that Schedule),

(j)   

a local authority residence requirement (see paragraph 17 of that

5

Schedule),

(k)   

a mental health treatment requirement (see paragraph 20 of that

Schedule),

(l)   

a drug treatment requirement (see paragraph 22 of that Schedule),

(m)   

a drug testing requirement (see paragraph 23 of that Schedule), and

10

(n)   

an education requirement (see paragraph 24 of that Schedule).

(2)   

A youth rehabilitation order—

(a)   

may also impose an electronic monitoring requirement (see paragraph

25 of Schedule 1), and

(b)   

must do so if paragraph 2 of that Schedule so requires.

15

(3)   

A youth rehabilitation order may be—

(a)   

a youth rehabilitation order with intensive supervision and

surveillance (see paragraph 3 of Schedule 1), or

(b)   

a youth rehabilitation order with fostering (see paragraph 4 of that

Schedule).

20

(4)   

But a court may only make an order mentioned in subsection (3)(a) or (b) if—

(a)   

the court is dealing with the offender for an offence which is punishable

with imprisonment,

(b)   

the court is of the opinion that the offence, or the combination of the

offence and one or more offences associated with it, was so serious that,

25

but for paragraph 3 or 4 of Schedule 1, a custodial sentence would be

appropriate (or, if the offender was aged under 12 at the time of

conviction, would be appropriate if the offender had been aged 12), and

(c)   

if the offender was aged under 15 at the time of conviction, the court is

of the opinion that the offender is a persistent offender.

30

(5)   

Schedule 1 makes further provision about youth rehabilitation orders.

(6)   

This section is subject to—

(a)   

sections 148 and 150 of the Criminal Justice Act 2003 (c. 44) (restrictions

on community sentences etc.), and

(b)   

the provisions of Parts 1 and 3 of Schedule 1.

35

2       

Breach, revocation or amendment of youth rehabilitation orders

Schedule 2 makes provision about failures to comply with the requirements of

youth rehabilitation orders and about the revocation or amendment of such

orders.

3       

Transfer of youth rehabilitation orders to Northern Ireland

40

Schedule 3 makes provision about the transfer of youth rehabilitation orders to

Northern Ireland.

 
 

Criminal Justice and Immigration Bill
Part 1 — Youth rehabilitation orders

3

 

4       

Meaning of “the responsible officer”

(1)   

For the purposes of this Part, “the responsible officer”, in relation to an offender

to whom a youth rehabilitation order relates, means—

(a)   

in a case where the order—

(i)   

imposes a curfew requirement or an exclusion requirement but

5

no other requirement mentioned in section 1(1), and

(ii)   

imposes an electronic monitoring requirement,

   

the person who under paragraph 25(4) of Schedule 1 is responsible for

the electronic monitoring required by the order;

(b)   

in a case where the only requirement imposed by the order is an

10

attendance centre requirement, the officer in charge of the attendance

centre in question;

(c)   

in any other case, the qualifying officer who, as respects the offender, is

for the time being responsible for discharging the functions conferred

by this Part on the responsible officer.

15

(2)   

In this section “qualifying officer”, in relation to a youth rehabilitation order,

means—

(a)   

a member of a youth offending team established by a local authority for

the time being specified in the order for the purposes of this section, or

(b)   

an officer of a local probation board appointed for or assigned to the

20

local justice area for the time being so specified.

(3)   

The Secretary of State may by order—

(a)   

amend subsections (1) and (2), and

(b)   

make any other amendments of—

(i)   

this Part, or

25

(ii)   

Chapter 1 of Part 12 of the Criminal Justice Act 2003 (c. 44)

(general provisions about sentencing),

   

that appear to be necessary or expedient in consequence of any

amendment made by virtue of paragraph (a).

(4)   

An order under subsection (3) may, in particular, provide for the court to

30

determine which of two or more descriptions of responsible officer is to apply

in relation to any youth rehabilitation order.

5       

Responsible officer and offender: duties in relation to the other

(1)   

Where a youth rehabilitation order has effect, it is the duty of the responsible

officer—

35

(a)   

to make any arrangements that are necessary in connection with the

requirements imposed by the order,

(b)   

to promote the offender’s compliance with those requirements, and

(c)   

where appropriate, to take steps to enforce those requirements.

(2)   

In subsection (1) “responsible officer” does not include a person falling within

40

section 4(1)(a).

(3)   

In giving instructions in pursuance of a youth rehabilitation order relating to

an offender, the responsible officer must ensure, as far as practicable, that any

instruction is such as to avoid—

(a)   

any conflict with the offender’s religious beliefs,

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Criminal Justice and Immigration Bill
Part 1 — Youth rehabilitation orders

4

 

(b)   

any interference with the times, if any, at which the offender normally

works or attends school or any other educational establishment, and

(c)   

any conflict with the requirements of any other youth rehabilitation

order to which the offender may be subject.

(4)   

The Secretary of State may by order provide that subsection (3) is to have effect

5

with such additional restrictions as may be specified in the order.

(5)   

An offender in respect of whom a youth rehabilitation order is in force—

(a)   

must keep in touch with the responsible officer in accordance with such

instructions as the offender may from time to time be given by that

officer, and

10

(b)   

must notify the responsible officer of any change of address.

(6)   

The obligation imposed by subsection (5) is enforceable as if it were a

requirement imposed by the order.

Supplementary

6       

Abolition of certain youth orders and related amendments

15

(1)   

Chapters 1, 2, 4 and 5 of Part 4 of (and Schedules 3 and 5 to 7 to) the Powers of

Criminal Courts (Sentencing) Act 2000 (c. 6) (curfew orders, exclusion orders,

attendance centre orders, supervision orders and action plan orders) cease to

have effect.

(2)   

Part 1 of Schedule 4 makes amendments consequential on provisions of this

20

Part.

(3)   

Part 2 of Schedule 4 makes minor amendments regarding other community

orders which are related to the consequential amendments in Part 1 of that

Schedule.

7       

Youth rehabilitation orders: interpretation

25

(1)   

In this Part, except where the contrary intention appears—

“accommodation provided by or on behalf of a local authority” has the

same meaning as it has in the Children Act 1989 (c. 41) by virtue of

section 105 of that Act;

“activity requirement”, in relation to a youth rehabilitation order, has the

30

meaning given by paragraph 6 of Schedule 1;

“associated”, in relation to offences, is to be read in accordance with

section 161(1) of the Powers of Criminal Courts (Sentencing) Act 2000;

“attendance centre” has the meaning given by section 221(2) of the

Criminal Justice Act 2003 (c. 44);

35

“attendance centre requirement”, in relation to a youth rehabilitation

order, has the meaning given by paragraph 12 of Schedule 1;

“court” (without more) does not include a service court;

“curfew requirement”, in relation to a youth rehabilitation order, has the

meaning given by paragraph 14 of Schedule 1;

40

“custodial sentence” has the meaning given by section 76 of the Powers of

Criminal Courts (Sentencing) Act 2000;

“detention and training order” has the same meaning as it has in that Act

by virtue of section 163 of that Act;

 
 

Criminal Justice and Immigration Bill
Part 1 — Youth rehabilitation orders

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“drug treatment requirement”, in relation to a youth rehabilitation order,

has the meaning given by paragraph 22 of Schedule 1;

“drug testing requirement”, in relation to a youth rehabilitation order, has

the meaning given by paragraph 23 of Schedule 1;

“education requirement”, in relation to a youth rehabilitation order, has

5

the meaning given by paragraph 24 of Schedule 1;

“electronic monitoring requirement”, in relation to a youth rehabilitation

order, has the meaning given by paragraph 25 of Schedule 1;

“exclusion requirement”, in relation to a youth rehabilitation order, has

the meaning given by paragraph 15 of Schedule 1;

10

“extended activity requirement”, in relation to a youth rehabilitation

order, has the meaning given by paragraph 3 of Schedule 1;

“fostering requirement”, in relation to a youth rehabilitation order with

fostering, has the meaning given by paragraph 18 of Schedule 1;

“guardian” has the same meaning as in the Children and Young Persons

15

Act 1933 (c. 12);

“local authority” means—

(a)   

in relation to England—

(i)   

a county council,

(ii)   

a district council whose district does not form part of an

20

area that has a county council,

(iii)   

a London borough council, or

(iv)   

the Common Council of the City of London in its

capacity as a local authority, and

(b)   

in relation to Wales—

25

(i)   

a county council, or

(ii)   

a county borough council;

“local authority residence requirement”, in relation to a youth

rehabilitation order, has the meaning given by paragraph 17 of

Schedule 1;

30

“local probation board” means a local probation board established under

section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

“mental health treatment requirement”, in relation to a youth

rehabilitation order, has the meaning given by paragraph 20 of

Schedule 1;

35

“programme requirement”, in relation to a youth rehabilitation order, has

the meaning given by paragraph 11 of Schedule 1;

“prohibited activity requirement”, in relation to a youth rehabilitation

order, has the meaning given by paragraph 13 of Schedule 1;

“residence requirement”, in relation to a youth rehabilitation order, has

40

the meaning given by paragraph 16 of Schedule 1;

“the responsible officer”, in relation to an offender to whom a youth

rehabilitation order relates, has the meaning given by section 4;

“service court” means—

(a)   

the Court Martial,

45

(b)   

the Summary Appeal Court,

(c)   

the Court Martial Appeals Court, or

(d)   

the Service Civilian Court;

“supervision requirement”, in relation to a youth rehabilitation order, has

the meaning given by paragraph 9 of Schedule 1;

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Criminal Justice and Immigration Bill
Part 2 — Sentencing

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“unpaid work requirement”, in relation to a youth rehabilitation order,

has the meaning given by paragraph 10 of Schedule 1;

“youth offending team” means a team established under section 39 of the

Crime and Disorder Act 1998 (c. 37);

“youth rehabilitation order” has the meaning given by section 1;

5

“youth rehabilitation order with fostering” has the meaning given by

paragraph 4 of Schedule 1;

“youth rehabilitation order with intensive supervision and surveillance”

has the meaning given by paragraph 3 of Schedule 1.

(2)   

For the purposes of any provision of this Part which requires the determination

10

of the age of a person by the court, the Secretary of State or a local authority,

the person’s age is to be taken to be that which it appears to the court or (as the

case may be) the Secretary of State or a local authority to be after considering

any available evidence.

(3)   

Any reference in this Part to an offence punishable with imprisonment is to be

15

read without regard to any prohibition or restriction imposed by or under any

Act on the imprisonment of young offenders.

8       

Isles of Scilly

This Part has effect in relation to the Isles of Scilly with such exceptions,

adaptations and modifications as the Secretary of State may by order specify.

20

Part 2

Sentencing

General sentencing provisions

9       

Purposes etc. of sentencing: offenders aged under 18

(1)   

After section 142 of the Criminal Justice Act 2003 (c. 44) insert—

25

“142A   

Purposes etc. of sentencing: offenders aged under 18

(1)   

This section applies where a court is dealing with an offender aged

under 18 in respect of an offence.

(2)   

The court must have regard primarily to the principal aim of the youth

justice system, that is, to prevent offending by children and other

30

persons aged under 18.

(3)   

The court must also—

(a)   

have regard to the purposes of sentencing mentioned in

subsection (4), so far as it is not required to do so by subsection

(2), and

35

(b)   

in accordance with section 44 of the Children and Young

Persons Act 1933, have regard to the welfare of the offender.

(4)   

Those purposes of sentencing are—

(a)   

the punishment of offenders,

(b)   

the reform and rehabilitation of offenders,

40

(c)   

the protection of the public, and

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(d)   

the making of reparation by offenders to persons affected by

their offences.

(5)   

This section does not apply—

(a)   

to an offence the sentence for which is fixed by law,

(b)   

to an offence the sentence for which falls to be imposed under—

5

(i)   

section 51A(2) of the Firearms Act 1968 (minimum

sentence for certain firearms offences),

(ii)   

section 29(6) of the Violent Crime Reduction Act 2006

(minimum sentences in certain cases of using someone

to mind a weapon), or

10

(iii)   

section 226 or 228 of this Act (dangerous offenders), or

(c)   

in relation to the making under Part 3 of the Mental Health Act

1983 of a hospital order (with or without a restriction order), an

interim hospital order, a hospital direction or a limitation

direction.”

15

(2)   

In section 142 of the Criminal Justice Act 2003 (c. 44) (purposes of sentencing in

relation to offenders aged 18 or over at the time of conviction)—

(a)   

in the heading, at the end insert “: offenders aged 18 or over”, and

(b)   

in subsection (2)(a) omit “at the time of conviction”.

(3)   

In section 44 of the Children and Young Persons Act 1933 (c. 12) (general

20

considerations) after subsection (1) insert—

“(1A)   

Subsection (1) of this section is subject to section 142A(2) of the

Criminal Justice Act 2003 (which requires a court to have regard

primarily to the principal aim of the youth justice system where it is

dealing with an offender aged under 18).

25

(1B)   

Accordingly, in determining whether a case is one in which the court

should take steps as mentioned in subsection (1), the court shall have

regard primarily to the principal aim of the youth justice system (see

section 37 of the Crime and Disorder Act 1998).”

(4)   

In section 37 of the Crime and Disorder Act 1998 (c. 37) (aim of the youth justice

30

system), at the end add—

“(3)   

Subsection (2) above is subject to section 142A(2) of the Criminal Justice

Act 2003 (which requires a court to have regard primarily to that aim

where it is dealing with an offender aged under 18).”

10      

Abolition of suspended sentences for summary offences

35

In section 189 of the Criminal Justice Act 2003 (suspended sentences) after

subsection (1) insert—

“(1A)   

Subject to subsection (1B), the power conferred by subsection (1) is not

exercisable in relation to a sentence of imprisonment imposed for a

summary offence.

40

(1B)   

Where—

(a)   

the court proposes to pass two or more sentences of

imprisonment on the same occasion;

(b)   

the offences for which those sentences are to be passed include

at least one summary offence and one indictable offence, and

45

 
 

 
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