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Anti-social Behaviour Bill

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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Schedule 2 — Curfew orders and supervision orders

    50

 

Schedule 2

Section 39

 

Curfew orders and supervision orders

Interpretation

  1        In this Schedule “the 2000 Act” means the Powers of Criminal Courts

(Sentencing) Act 2000 (c. 6).

5

Curfew orders

  2       (1)      Section 37 of the 2000 Act (curfew orders) is amended as follows.

          (2)      Subsection (4) (which limits to three months the duration of a curfew order

made in respect of a person aged under 16 on conviction) is omitted.

          (3)      For subsection (12) there is substituted—

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              “(12)                In this Act, “responsible officer”, in relation to an offender subject to

a curfew order, means—

                    (a)                   where the offender is also subject to a supervision order, the

person who is the supervisor in relation to the supervision

order, and

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                    (b)                   in any other case, the person who is responsible for

monitoring the offender’s whereabouts during the curfew

periods specified in the order.”

Supervision orders

  3        After section 64 of the 2000 Act there is inserted—

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       “64A            Supervision orders and curfew orders

Nothing in this Chapter prevents a court which makes a supervision

order in respect of an offender from also making a curfew order in

respect of him.”

  4       (1)      Schedule 6 to the 2000 Act (requirements which may be included in

25

supervision orders) is amended as follows.

          (2)      In paragraph 2(5) (total number of days during which offender may be

required to comply with directions of supervisor not to exceed 90), for “90”

there is substituted “180”.

          (3)      In paragraph 3 (requirements as to activities, reparation, night restrictions

30

etc)—

              (a)             sub-paragraph (2)(e) (night restriction) is omitted, and

              (b)             in sub-paragraph (3) (total number of days in respect of which an

offender may be subject to requirements imposed by virtue of any of

paragraphs (2)(a) to (e) not to exceed 90)—

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                    (i)                   for the words “, (d) or (e)” there is substituted “or (d)”, and

                    (ii)                  for “90” there is substituted “180”.

          (4)      Paragraph 4 (night restrictions) is omitted.

 

 

Anti-social Behaviour Bill
Schedule 2 — Curfew orders and supervision orders

    51

 

          (5)      After paragraph 5 there is inserted—

“Requirement to live for specified period with local authority foster parent

          5A                 (1)                                    Where the conditions mentioned in sub-paragraph (2) below are

satisfied, a supervision order may impose a requirement (“a foster

parent residence requirement”) that the offender shall live for a

5

specified period with a local authority foster parent.

                           (2)                  The conditions are that—

                      (a)                     the offence is punishable with imprisonment in the case of

an offender aged 18 or over;

                      (b)                     the offence, or the combination of the offence and one or

10

more offences associated with it, was so serious that a

custodial sentence would normally be appropriate (or,

where the offender is aged 10 or 11, would normally be

appropriate if the offender were aged 12 or over); and

                      (c)                     the court is satisfied that—

15

                             (i)                            the behaviour which constituted the offence was

due to a significant extent to the circumstances in

which the offender was living, and

                             (ii)                           the imposition of a foster parent residence

requirement will assist in his rehabilitation.

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                           (3)                  A foster parent residence requirement shall designate the local

authority who are to place the offender with a local authority

foster parent under section 23(2)(a) of the Children Act 1989, and

that authority shall be the authority in whose area the offender

resides.

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                           (4)                   A court shall not impose a foster parent residence requirement

unless—

                      (a)                     the court has been notified by the Secretary of State that

arrangements for implementing such a requirement are

available in the area of the designated authority;

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                      (b)                     the notice has not been withdrawn; and

                      (c)                     the court has consulted the designated authority.

                           (5)                  Subject to paragraph 5(2A) of Schedule 7 to this Act, the maximum

period which may be specified in a foster parent residence

requirement is twelve months.

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                           (6)                   A court shall not impose a foster parent residence requirement in

respect of an offender who is not legally represented at the

relevant time in that court unless—

                      (a)                     he was granted a right to representation funded by the

Legal Services Commission as part of the Criminal Defence

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Service for the purposes of the proceedings but the right

was withdrawn because of his conduct; or

                      (b)                     he has been informed of his right to apply for such

representation for the purposes of the proceedings and has

had opportunity to do so, but nevertheless refused or

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failed to apply.

                           (7)                   In sub-paragraph (6) above—

 

 

Anti-social Behaviour Bill
Schedule 2 — Curfew orders and supervision orders

    52

 

                      (a)                     “the relevant time” means the time when the court is

considering whether or not to impose the requirement,

and

                      (b)                     “the proceedings” means—

                             (i)                            the whole proceedings, or

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                             (ii)                           the part of the proceedings relating to the

imposition of the requirement.

                           (8)                   A supervision order imposing a foster parent residence

requirement may also impose any of the requirements mentioned

in paragraphs 2, 3, 6 and 7 of this Schedule.

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                           (9)                  This paragraph does not affect the power of a local authority to

place with a local authority foster parent an offender to whom a

local authority residence requirement under paragraph 5 above

relates.

                           (10)                  In this paragraph “local authority foster parent” has the same

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meaning as in the Children Act 1989.”

Consequential amendments

  5        In section 21 of the Children Act 1989 (c. 41) (provision of accommodation

for children in police protection or detention or on remand, etc.) in

subsection (2)(c)(ii) after “2000” there is inserted “or a foster parent residence

20

requirement under paragraph 5A of that Schedule”.

  6       (1)      Schedule 7 to the 2000 Act (breach, revocation and amendment of

supervision orders) is amended as follows.

          (2)      In paragraph 2 (breach of requirement of supervision order)—

              (a)             in sub-paragraph (1), after “5” there is inserted “,5A”,

25

              (b)             in sub-paragraph (2)(a)(ii) after “subject to” there is inserted “sub-

paragraph (2A) below and”, and

              (c)             after sub-paragraph (2) there is inserted—

                 “(2A)                                               The court may not make a curfew order under sub-

paragraph (2)(a)(ii) above in respect of an offender who is

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already subject to a curfew order.”

          (3)      In paragraph 5 (revocation and amendment of supervision order)—

              (a)              after sub-paragraph (2) there is inserted—

                                        “(2A)                        In relation to a supervision order imposing a foster parent

residence requirement under paragraph 5A of Schedule 6

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to this Act, the power conferred by sub-paragraph (1)(b)(ii)

above includes power to extend the period specified in the

requirement to a period of not more than 18 months

beginning with the day on which the requirement first had

effect.”, and

40

              (b)             sub-paragraph (3)(b) and the word “or” immediately preceding it are

omitted.

 

 

Anti-social Behaviour Bill
Schedule 3 — Repeals

    53

 

Schedule 3

Section 56.

 

Repeals

 

Short title and chapter

Extent of repeal

 
 

Firearms Act 1968 (c. 27)

Section 22(5).

 
  

In section 23(2) the words “or (5)”.

 

5

  

In Part 1 of Schedule 6, the entry relating to

 
  

section 22(5).

 
  

In Part 2 of Schedule 6, in paragraph 7 the

 
  

words “or (5)”.

 
 

Prosecution of Offences Act

In section 3(2), the word “and” after paragraph

 

10

 

1985 (c. 23)

(f).

 
 

Firearms (Amendment) Act

In section 1(4), the word “or” at the end of

 
 

1988 (c. 45)

paragraph (a).

 
 

Noise Act 1996 (c. 37)

In section 2(7) the words from “and

 
  

accordingly” to the end.

 

15

 

Housing Act 1996 (c. 52)

Sections 152 and 153.

 
  

In section 158—

 
  

     (a)    in subsection (1), the entries relating to

 
  

“child”, “harm”, “health” and “ill-treatment”;

 
  

     (b)    subsection (2).

 

20

 

Crime and Disorder Act 1998

In section 1(1A), the word “or” after paragraph

 
 

(c. 37)

(c).

 
 

Powers of Criminal Courts

Section 37(4).

 
 

(Sentencing) Act 2000 (c. 6)

In Schedule 6, paragraphs 3(2)(e) and 4.

 
  

In Schedule 7, paragraph 5(3)(b) and the word

 

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“or” immediately preceding it.

 
 

Police Reform Act 2002 (c. 30)

In Schedule 4, the word “and” at the end of

 
  

paragraph 1(2)(c).

 
  

In Schedule 5, the word “and” at the end of

 
  

paragraph 1(2)(b).

 

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