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Criminal Justice Bill


Criminal Justice Bill
Schedule 28 — Parenting orders and referral orders

    336

 

          (2)      For subsection (1A) there is substituted—

              “(1A)                The requirements of subsection (1) do not apply where the court

makes a referral order in respect of the offence.”

          (3)      After subsection (2) there is inserted—

              “(2A)                In a case where a court proposes to make both a referral order in

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respect of a child or young person convicted of an offence and a

parenting order, before making the parenting order the court shall

obtain and consider a report by an appropriate officer—

                    (a)                   indicating the requirements proposed by that officer to be

included in the parenting order;

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                    (b)                   indicating the reasons why he considers those requirements

would be desirable in the interests of preventing the

commission of any further offence by the child or young

person; and

                    (c)                   if the child or young person is aged under 16, containing the

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information required by subsection (2) above.

              (2B)                In subsection (2A) above “an appropriate officer” means—

                    (a)                   an officer of a local probation board;

                    (b)                   a social worker of a local authority social services

department; or

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                    (c)                   a member of a youth offending team.”

          (4)      After subsection (7) there is inserted—

              “(7A)                In this section “referral order” means an order under section 16(2) or

(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (referral

of offender to youth offender panel).”

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

  3        In section 19(5) of the Powers of Criminal Courts (Sentencing) Act 2000

(orders that cannot be made with referral orders)—

              (a)             at the end of paragraph (a) there is inserted “or”, and

              (b)             paragraph (c) (parenting orders) and the word “or” immediately

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preceding it shall cease to have effect.

  4        In section 22 of that Act (referral orders: attendance at panel meetings), after

subsection (2) there is inserted—

              “(2A)                If—

                    (a)                   a parent or guardian of the offender fails to comply with an

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order under section 20 above (requirement to attend the

meetings of the panel), and

                    (b)                   the offender is aged under 18 at the time of the failure,

                              the panel may refer that parent or guardian to a youth court acting

for the petty sessions area in which it appears to the panel that the

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offender resides or will reside.”

  5       (1)      Section 28 of that Act (which introduces Schedule 1) is amended as follows.

          (2)      In the sidenote, for “Offender referred back to court or” there is substituted

“Offender or parent referred back to court: offender”.

 

 

Criminal Justice Bill
Schedule 28 — Parenting orders and referral orders

    337

 

          (3)      After paragraph (a) there is inserted—

                    “(aa)                      in Part 1A makes provision for what is to happen when a

youth offender panel refers a parent or guardian to the court

under section 22(2A) above, and”.

  6        In Schedule 1 to that Act (youth offender panels: further court proceedings),

5

after Part 1 there is inserted—

“Part 1a

referral of parent or guardian for breach of section 20 order

Introductory

          9A  (1) This Part of this Schedule applies where, under section 22(2A) of

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this Act, a youth offender panel refers an offender’s parent or

guardian to a youth court.

              (2)  In this Part of this Schedule—

                      (a)                     “the offender” means the offender whose parent or

guardian is referred under section 22(2A);

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                      (b)                     “the parent” means the parent or guardian so referred; and

                      (c)                     “the youth court” means a youth court as mentioned in

section 22(2A).

Mode of referral to court

          9B                  The panel shall make the referral by sending a report to the youth

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court explaining why the parent is being referred to it.

Bringing the parent before the court

          9C                 (1)                  Where the youth court receives such a report it shall cause the

parent to appear before it.

                           (2)                  For the purpose of securing the attendance of the parent before the

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court, a justice acting for the petty sessions area for which the court

acts may—

                      (a)                     issue a summons requiring the parent to appear at the

place and time specified in it; or

                      (b)                     if the report is substantiated on oath, issue a warrant for

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the parent’s arrest.

                           (3)                  Any summons or warrant issued under sub-paragraph (2) above

shall direct the parent to appear or be brought before the youth

court.

Power of court to make parenting order: application of supplemental provisions

35

          9D                 (1)                  Where the parent appears or is brought before the youth court

under paragraph 9C above, the court may make a parenting order

in respect of the parent if—

                      (a)                     it is proved to the satisfaction of the court that the parent

has failed without reasonable excuse to comply with the

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order under section 20 of this Act; and

 

 

Criminal Justice Bill
Schedule 29 — Criminal record certificates: amendments of Part 5 of Police Act 1997

    338

 

                      (b)                     the court is satisfied that the parenting order would be

desirable in the interests of preventing the commission of

any further offence by the offender.

              (2)  In this Part of this Schedule “parenting order” has the meaning

given by section 8(4) of the Crime and Disorder Act 1998.

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                           (3)                  The requirements that may be specified under section 8(4)(a) of

that Act as applied by sub-paragraph (2) above are those which

the court considers desirable in the interests of preventing the

commission of any further offence by the offender.

              (4)  Before making a parenting order under this paragraph where the

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offender is aged under 16, the court shall obtain and consider

information about his family circumstances and the likely effect of

the order on those circumstances.

              (5)  Sections 8(3), (5) and (8), 9(3) to (7) and 18(3) and (4) of the Crime

and Disorder Act 1998 apply in relation to a parenting order made

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under this paragraph as they apply in relation to any other

parenting order.

Appeal

          9E  (1) An appeal shall lie to the Crown Court against the making of a

parenting order under paragraph 9D above.

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              (2)  Subsections (2) and (3) of section 10 of the Crime and Disorder

Act 1998 (appeals against parenting orders) apply in relation to an

appeal under this paragraph as they apply in relation to an appeal

under subsection (1)(b) of that section.

Effect on section 20 order

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          9F  (1) The making of a parenting order under paragraph 9D above is

without prejudice to the continuance of the order under section 20

of this Act.

              (2)  Section 63(1) to (4) of the Magistrates’ Courts Act 1980 (power of

magistrates’ court to deal with person for breach of order, etc)

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apply (as well as section 22(2A) of this Act and this Part of this

Schedule) in relation to an order under section 20 of this Act.”

Schedule 29

Section 298

 

Criminal record certificates: amendments of Part 5 of Police Act 1997

  1        The Police Act 1997 (c. 50) is amended as follows.

35

  2        In section 112 (criminal conviction certificates), in subsection (1)(a), after

“prescribed” there is inserted “manner and”.

  3       (1)      Section 113 (criminal record certificates) is amended as follows.

          (2)      In subsection (1)—

              (a)             at the beginning there is inserted “Subject to subsection (4A)”,

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Criminal Justice Bill
Schedule 29 — Criminal record certificates: amendments of Part 5 of Police Act 1997

    339

 

              (b)             in paragraph (a), after “prescribed” there is inserted “manner and”,

and

              (c)             in paragraph (b), after “pays” there is inserted “in the prescribed

manner”.

          (3)      After subsection (4) there is inserted—

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              “(4A)                The Secretary of State may treat an application under this section as

an application under section 115 if—

                    (a)                   in his opinion the certificate is required for a purpose

prescribed under subsection (2) of that section,

                    (b)                   the registered person provides him with the statement

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required by subsection (2) of that subsection, and

                    (c)                   the applicant consents and pays to the Secretary of State the

amount (if any) by which the fee payable in relation to an

application under section 115 exceeds the fee paid in relation

to the application under this section.”.

15

  4       (1)      Section 115 (enhanced criminal record certificates) is amended as follows.

          (2)      In subsection (1)—

              (a)             at the beginning there is inserted “Subject to subsection (9A),”,

              (b)             in paragraph (a), after “prescribed” there is inserted “manner and”,

and

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              (c)             in paragraph (b), after “pays” there is inserted “in the prescribed

manner”.

          (3)      In subsection (2), for paragraphs (a) to (c) there is substituted “for such

purposes as may be prescribed under this subsection”.

          (4)      Subsections (3) to (5) and subsections (6C) to (6E) are omitted.

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          (5)      After subsection (9) there is inserted—

              “(9A)                The Secretary of State may treat an application under this section as

an application under section 113 if in his opinion the certificate is not

required for a purpose prescribed under subsection (2).

              (9B)                Where by virtue of subsection (9A) the Secretary of State treats an

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application under this section as an application under section 113, he

must refund to the applicant the amount (if any) by which the fee

paid in relation to the application under this section exceeds the fee

payable in relation to an application under section 113.”

  5        In section 116 (enhanced criminal record certificates: judicial appointments

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and Crown employment), in subsection (2)(b), for the words from “to

which” onwards there is substituted “of such description as may be

prescribed”.

  6       (1)      Section 120 (registered persons) is amended as follows.

          (2)      For subsection (2) there is substituted—

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              “(2)                Subject to regulations under section 120ZA and 120AA and to section

120A the Secretary of State shall include in the register any person

who—

                    (a)                   applies to him in writing to be registered,

                    (b)                   satisfies the conditions in subsections (4) to (6), and

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Criminal Justice Bill
Schedule 29 — Criminal record certificates: amendments of Part 5 of Police Act 1997

    340

 

                    (c)                   has not in the period of two years ending with the date of the

application been removed from the register under section

120A or 120AA.”

          (3)      Subsection (3) is omitted.

  7        After section 120 there is inserted—

5

       “120ZA                                    Regulations about registration.

              (1)             The Secretary of State may by regulations make further provision

about registration.

              (2)             Regulations under this section may in particular make provision

for—

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                    (a)                   the payment of fees,

                    (b)                   the information to be included in the register,

                    (c)                   the registration of any person to be subject to conditions,

                    (d)                   the nomination by—

                           (i)                          a body corporate or unincorporate, or

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                           (ii)                         a person appointed to an office by virtue of any

enactment,

                                          of the individuals authorised to act for it or, as the case may

be, him in relation to the countersigning of applications

under this Part, and

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                    (e)                   the refusal by the Secretary of State, on such grounds as may

be specified in or determined under the regulations, to accept

or to continue to accept the nomination of a person as so

authorised.

              (3)             The provision which may be made by virtue of subsection (2)(c)

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includes provision—

                    (a)                   for the registration or continued registration of any person to

be subject to prescribed conditions or, if the regulations so

provide, such conditions as the Secretary of State thinks fit,

and

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                    (b)                   for the Secretary of State to vary or revoke those conditions.

              (4)             The conditions imposed by virtue of subsection (2)(c) may in

particular include conditions—

                    (a)                   requiring a registered person, before he countersigns an

application at an individual’s request, to verify the identity of

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that individual in the prescribed manner,

                    (b)                   requiring an application under section 113 or 115 to be

transmitted by electronic means to the Secretary of State by

the registered person who countersigns it, and

                    (c)                   requiring a registered person to comply with any code of

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practice for the time being in force under section 122.”

  8        At the end of the sidenote to section 120A (refusal and cancellation of

registration) there is inserted “on grounds related to disclosure”.

 

 

Criminal Justice Bill
Schedule 29 — Criminal record certificates: amendments of Part 5 of Police Act 1997

    341

 

  9        After section 120A there is inserted—

       “120AA                        Refusal, cancellation or suspension of registration on other grounds

              (1)             Regulations may make provision enabling the Secretary of State in

prescribed cases to refuse to register a person who, in the opinion of

the Secretary of State, is likely to countersign fewer applications

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under this Part in any period of twelve months than a prescribed

minimum number.

              (2)             Subsection (3) applies where a registered person—

                    (a)                   is, in the opinion of the Secretary of State, no longer likely to

wish to countersign applications under this Part,

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                    (b)                   has, in any period of twelve months during which he was

registered, countersigned fewer applications under this Part

than the minimum number specified in respect of him by

regulations under subsection (1), or

                    (c)                   has failed to comply with any condition of his registration.

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              (3)             Subject to section 120AB, the Secretary of State may—

                    (a)                   suspend that person’s registration for such period not

exceeding 6 months as the Secretary of State thinks fit, or

                    (b)                   remove that person from the register.

       120AB            Procedure for cancellation or suspension under section 120AA

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              (1)             Before cancelling or suspending a person’s registration by virtue of

section 120AA, the Secretary of State must send him written notice of

his intention to do so.

              (2)             Every such notice must—

                    (a)                   give the Secretary of State’s reasons for proposing to cancel

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or suspend the registration, and

                    (b)                   inform the person concerned of his right under subsection (3)

to make representations.

              (3)             A person who receives such a notice may, within 21 days of service,

make representations in writing to the Secretary of State as to why

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the registration should not be cancelled or suspended.

              (4)             After considering such representations, the Secretary of State must

give the registered person written notice—

                    (a)                   that at the end of a further period of six weeks beginning with

the date of service, the person’s registration will be cancelled

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or suspended, or

                    (b)                   that he does not propose to take any further action.

              (5)             If no representations are received within the period mentioned in

subsection (3) the Secretary of State may cancel or suspend the

person’s registration at the end of the period mentioned in that

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subsection.

              (6)             Subsection (1) does not prevent the Secretary of State from imposing

on the registered person a lesser sanction than that specified in the

notice under that subsection.

 

 

Criminal Justice Bill
Schedule 29 — Criminal record certificates: amendments of Part 5 of Police Act 1997

    342

 

              (7)             Any notice under this section that is required to be given in writing

may be given by being transmitted electronically.

              (8)             This section does not apply where—

                    (a)                   the Secretary of State is satisfied, in the case of a registered

person other than a body, that the person has died or is

5

incapable, by reason of physical or mental impairment, of

countersigning applications under this Part, or

                    (b)                   the registered person has requested to be removed from the

register.

              (9)             The Secretary of State may by regulations amend subsection (4)(a) by

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substituting for the period there specified, such other period as may

be specified in the regulations.”

  10       After section 122 there is inserted—

       “122A Delegation of functions of Secretary of State

              (1)             The Secretary of State may, to such extent and subject to such

15

conditions as he thinks fit, delegate any relevant function of his

under this Part to such person as he may determine.

              (2)             A function is relevant for the purposes of subsection (1) if it does not

consist of a power—

                    (a)                   to make regulations, or

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                    (b)                   to publish or revise a code of practice or to lay any such code

before Parliament.

              (3)             A delegation under subsection (1) may be varied or revoked at any

time.”

  11       After section 124 (offences: disclosure) there is inserted—

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       “124A            Further offences: disclosure of information obtained in connection

with delegated function

              (1)             Any person who is engaged in the discharge of functions conferred

by this Part on the Secretary of State commits an offence if he

discloses information which has been obtained by him in connection

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with those functions and which relates to a particular person unless

he discloses the information, in the course of his duties,—

                    (a)                   to another person engaged in the discharge of those

functions,

                    (b)                   to the chief officer of a police force in connection with a

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request under this Part to provide information to the

Secretary of State, or

                    (c)                   to an applicant or registered person who is entitled under this

Part to the information disclosed to him.

              (2)             Where information is disclosed to a person and the disclosure—

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                    (a)                   is an offence under subsection (1), or

                    (b)                   would be an offence under subsection (1) but for subsection

(3)(a), (d) or (e),

                              the person to whom the information is disclosed commits an offence

if he discloses it to any other person.

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