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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Miscellaneous

    167

 

Outraging public decency

 297   Offence of outraging public decency triable either way

     (1)    After paragraph 1 of Schedule 1 to the Magistrates’ Courts Act 1980 (c. 43)

(offences triable either way by virtue of section 17) there is inserted—

        “1A                An offence at common law of outraging public decency.”

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     (2)    This section does not apply in relation to any offence committed before the

commencement of this section.

Jury service

 298   Jury service

Schedule 29 (jury service) shall have effect.

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Individual support orders

 299   Individual support orders

After section 1A of the Crime and Disorder Act 1998 (c. 37) there is inserted—

       “1AA Individual support orders

           (1)           Where a court makes an anti-social behaviour order in respect of a

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defendant who is a child or young person when that order is made, it

must consider whether the individual support conditions are fulfilled.

           (2)           If it is satisfied that those conditions are fulfilled, the court must make

an order under this section (“an individual support order”) which—

                  (a)                 requires the defendant to comply, for a period not exceeding six

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months, with such requirements as are specified in the order;

and

                  (b)                 requires the defendant to comply with any directions given by

the responsible officer with a view to the implementation of the

requirements under paragraph (a) above.

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           (3)           The individual support conditions are—

                  (a)                 that an individual support order would be desirable in the

interests of preventing any repetition of the kind of behaviour

which led to the making of the anti-social behaviour order;

                  (b)                 that the defendant is not already subject to an individual

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support order; and

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

arrangements for implementing individual support orders are

available in the area in which it appears to it that the defendant

resides or will reside and the notice has not been withdrawn.

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           (4)           If the court is not satisfied that the individual support conditions are

fulfilled, it shall state in open court that it is not so satisfied and why it

is not.

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

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           (5)           The requirements that may be specified under subsection (2)(a) above

are those that the court considers desirable in the interests of

preventing any repetition of the kind of behaviour which led to the

making of the anti-social behaviour order.

           (6)           Requirements included in an individual support order, or directions

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given under such an order by a responsible officer, may require the

defendant to do all or any of the following things—

                  (a)                 to participate in activities specified in the requirements or

directions at a time or times so specified;

                  (b)                 to present himself to a person or persons so specified at a place

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or places and at a time or times so specified;

                  (c)                 to comply with any arrangements for his education so specified.

           (7)           But requirements included in, or directions given under, such an order

may not require the defendant to attend (whether at the same place or

at different places) on more than two days in any week; and “week”

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here means a period of seven days beginning with a Sunday.

           (8)           Requirements included in, and directions given under, an individual

support order shall, as far as practicable, be such as to avoid—

                  (a)                 any conflict with the defendant’s religious beliefs; and

                  (b)                 any interference with the times, if any, at which he normally

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works or attends school or any other educational establishment.

           (9)           Before making an individual support order, the court shall obtain from

a social worker of a local authority social services department or a

member of a youth offending team any information which it considers

necessary in order—

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                  (a)                 to determine whether the individual support conditions are

fulfilled, or

                  (b)                 to determine what requirements should be imposed by an

individual support order if made,

                         and shall consider that information.

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           (10)          In this section and section 1AB below “responsible officer”, in relation

to an individual support order, means one of the following who is

specified in the order, namely—

                  (a)                 a social worker of a local authority social services department;

                  (b)                 a person nominated by a person appointed as chief education

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officer under section 532 of the Education Act 1996 (c. 56);

                  (c)                 a member of a youth offending team.

       1AB Individual support orders: explanation, breach, amendment etc

           (1)           Before making an individual support order, the court shall explain to

the defendant in ordinary language—

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                  (a)                 the effect of the order and of the requirements proposed to be

included in it;

                  (b)                 the consequences which may follow (under subsection (3)

below) if he fails to comply with any of those requirements; and

                  (c)                 that the court has power (under subsection (6) below) to review

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the order on the application either of the defendant or of the

responsible officer.

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

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           (2)           The power of the Secretary of State under section 156(4) of the Criminal

Justice Act 2003 includes power by order to—

                  (a)                 prescribe cases in which subsection (1) above does not apply;

and

                  (b)                 prescribe cases in which the explanation referred to in that

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subsection may be made in the absence of the defendant, or may

be provided in written form.

           (3)           If the person in respect of whom an individual support order is made

fails without reasonable excuse to comply with any requirement

included in the order, he is guilty of an offence and liable on summary

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conviction to a fine not exceeding—

                  (a)                 if he is aged 14 or over at the date of his conviction, £1,000;

                  (b)                 if he is aged under 14 then, £250.

           (4)           No referral order under section 16(2) or (3) of the Powers of Criminal

Courts (Sentencing) Act 2000 (referral of young offenders to youth

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offender panels) may be made in respect of an offence under subsection

(3) above.

           (5)           If the anti-social behaviour order as a result of which an individual

support order was made ceases to have effect, the individual support

order (if it has not previously ceased to have effect) ceases to have effect

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when the anti-social behaviour order does.

           (6)           On an application made by complaint by—

                  (a)                 the person subject to an individual support order, or

                  (b)                 the responsible officer,

                         the court which made the individual support order may vary or

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discharge it by a further order.

           (7)           If the anti-social behaviour order as a result of which an individual

support order was made is varied, the court varying the anti-social

behaviour order may by a further order vary or discharge the

individual support order.”

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 300   Individual support orders: consequential amendments

     (1)    The Crime and Disorder Act 1998 (c. 37) is amended as mentioned in

subsections (2) to (5).

     (2)    In section 4 of that Act (appeals against orders)—

           (a)           in subsection (1) after “an anti-social behaviour order” there is inserted

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“, an individual support order”, and

           (b)           in subsection (3) after “1(8)” there is inserted “, 1AB(6)”.

     (3)    In section 18(1) of that Act (interpretation of Chapter 1)—

           (a)           after the definition of “curfew notice” there is inserted—

                                  ““individual support order” has the meaning given by section

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1AA(2) above;”, and

           (b)           in the definition of “responsible officer”, before paragraph (a) there is

inserted—

                        “(za)                           in relation to an individual support order, has the

meaning given by section 1AA(10) above;”.

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Criminal Justice Bill
Part 12 — Miscellaneous

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     (4)    In section 18(4) of that Act (cases where social worker or member of a youth

offending team to give supervision or directions)—

           (a)           after “directions under” there is inserted “an individual support order

or”, and

           (b)           for “the child or, as the case may be, the parent” there is substituted “the

5

child, defendant or parent, as the case may be,”.

     (5)    In section 38 of that Act (local provision of youth justice services), in subsection

(4)(f) after “in relation to” there is inserted “individual support orders,”.

     (6)    In section 143(2) (provisions in which sums may be altered) of the Magistrates’

Courts Act 1980 (c. 43), after paragraph (d) there is inserted—

10

                  “(da)                    section 1AB(3) of the Crime and Disorder Act 1998 (failure to

comply with individual support order);”.

Parenting orders and referral orders

 301   Parenting orders and referral orders

Schedule 30 (parenting orders and referral orders) shall have effect.

15

Assessing etc. risks posed by sexual or violent offenders

 302   Arrangements for assessing etc risks posed by certain offenders

     (1)    In this section—

                    “relevant sexual or violent offender” has the meaning given by section

304;

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                    “responsible authority”, in relation to any area, means the chief officer of

police, the local probation board for that area and the Minister of the

Crown exercising functions in relation to prisons, acting jointly.

     (2)    The responsible authority for each area must establish arrangements for the

purpose of assessing and managing the risks posed in that area by—

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           (a)           relevant sexual and violent offenders, and

           (b)           other persons who, by reason of offences committed by them (wherever

committed), are considered by the responsible authority to be persons

who may cause serious harm to the public.

     (3)    In establishing those arrangements, the responsible authority must act in co-

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operation with the persons specified in subsection (6); and it is the duty of

those persons to co-operate in the establishment by the responsible authority

of those arrangements, to the extent that such co-operation is compatible with

the exercise by those persons of their functions under any other enactment.

     (4)    Co-operation under subsection (3) may include the exchange of information.

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     (5)     The responsible authority for each area (“the relevant area”) and the persons

specified in subsection (6) must together draw up a memorandum setting out

the ways in which they are to co-operate.

     (6)                  The persons referred to in subsections (3) and (5) are—

           (a)           every youth offending team established for an area any part of which

40

falls within the relevant area,

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

    171

 

           (b)           the Ministers of the Crown exercising functions in relation to social

security, child support, war pensions, employment and training,

           (c)                         every local education authority any part of whose area falls within the

relevant area,

           (d)           every local housing authority or social services authority any part of

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whose area falls within the relevant area,

           (e)           every registered social landlord which provides or manages residential

accommodation in the relevant area in which persons falling within

subsection (2)(a) or (b) reside or may reside,

           (f)           every Health Authority or Strategic Health Authority any part of

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whose area falls within the relevant area,

           (g)           every Primary Care Trust or Local Health Board any part of whose area

falls within the relevant area,

           (h)           every NHS trust any part of whose area falls within the relevant area,

and

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           (i)           every person who is designated by the Secretary of State by order for

the purposes of this paragraph as a provider of electronic monitoring

services.

     (7)           The Secretary of State may by order amend subsection (6) by adding or

removing any person or description of person.

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     (8)    The Secretary of State may issue guidance to responsible authorities on the

discharge of the functions conferred by this section and section 303.

     (9)           In this section—

                                          “local education authority” has the same meaning as in the Education Act

1996 (c. 56);

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                    “local housing authority” has the same meaning as in the Housing Act

1985 (c. 68);

                    “Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975 (c. 26);

                    “NHS trust” has the same meaning as in the National Health Service Act

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1977 (c. 49);

                    “prison” has the same meaning as in the Prison Act 1952 (c. 52);

                    “registered social landlord” has the same meaning as in Part 1 of the

Housing Act 1996 (c. 52);

                    “social services authority” means a local authority for the purposes of the

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Local Authority Social Services Act 1970 (c. 42).

 303   Review of arrangements

     (1)    The responsible authority for each area must keep the arrangements

established by it under section 302 under review with a view to monitoring

their effectiveness and making any changes to them that appear necessary or

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expedient.

     (2)    The responsible authority for any area must exercise their functions under

subsection (1) in consultation with persons appointed by the Secretary of State

as lay advisers in relation to that authority.

     (3)    The Secretary of State must appoint two lay advisers under subsection (2) in

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relation to each responsible authority.

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

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     (4)    The responsible authority must pay to or in respect of the persons so appointed

such allowances as the Secretary of State may determine.

     (5)    As soon as practicable after the end of each period of 12 months beginning with

1 April, the responsible authority for each area must—

           (a)           prepare a report on the discharge by it during that period of the

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functions conferred by section 302 and this section, and

           (b)           publish the report in that area.

     (6)    The report must include—

           (a)           details of the arrangements established by the responsible authority,

and

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           (b)           information of such descriptions as the Secretary of State has notified to

the responsible authority that he wishes to be included in the report.

 304   Section 302: interpretation

     (1)    For the purposes of section 302, a person is a relevant sexual or violent offender

if he falls within one or more of subsections (2) to (5).

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     (2)    A person falls within this subsection if he is subject to the notification

requirements of Part 1 of the Sex Offenders Act 1997.

     (3)    A person falls within this subsection if—

           (a)           he is convicted by a court in England or Wales of murder or an offence

specified in Schedule 14, and

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           (b)           one of the following sentences is imposed on him in respect of the

conviction—

                  (i)                 a sentence of imprisonment for a term of 12 months or more,

                  (ii)                a sentence of detention in a young offender institution for a

term of 12 months or more,

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                  (iii)               a sentence of detention during Her Majesty’s pleasure,

                  (iv)                a sentence of detention for public protection under section 208,

                  (v)                 a sentence of detention for a period of 12 months or more under

section 91 of the Sentencing Act (offenders under 18 convicted

of certain serious offences),

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                  (vi)                a sentence of detention under section 210,

                  (vii)               a detention and training order for a term of 12 months or more,

or

                  (viii)              a hospital or guardianship order within the meaning of the

Mental Health Act 1983 (c. 20).

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     (4)    A person falls within this subsection if—

           (a)           he is found not guilty by a court in England and Wales of murder or an

offence specified in Schedule 14 by reason of insanity or to be under

such a disability and to have done the act charged against him in

respect of such an offence, and

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           (b)           one of the following orders is made in respect of the act charged against

him as the offence—

                  (i)                 an order that he be admitted to hospital, or

                  (ii)                a guardianship order within the meaning of the Mental Health

Act 1983.

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Part 13 — General

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     (5)    A person falls within this subsection if the first condition set out in section 28(2)

or 29(2) of the Criminal Justice and Court Services Act 2000 (c. 43) or the second

condition set out in section 28(3) or 29(3) of that Act is satisfied in his case.

     (6)    In this section “court” does not include a service court, as defined by section

281(1).

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Criminal record certificates

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

Schedule 31 (which contains amendments of Part 5 of the Police Act 1997

(c. 50)) shall have effect.

Part 13

10

General

 306   Orders and rules

     (1)    This section applies to—

           (a)           any power conferred by this Act on the Secretary of State to make an

order or rules,

15

           (b)           the power conferred by section 150 on the Lord Chancellor to make an

order.

     (2)    The power, unless it is a power to make rules under section 221(5), is

exercisable by statutory instrument.

     (3)    The power—

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           (a)           may be exercised so as to make different provision for different

purposes or different areas, and

           (b)           may be exercised either for all the purposes to which the power

extends, or for those purposes subject to specified exceptions, or only

for specified purposes.

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     (4)    The power includes power to make—

           (a)           any supplementary, incidental or consequential provision, and

           (b)           any transitory, transitional or saving provision,

            which the Minister making the instrument considers necessary or expedient.

     (5)    A statutory instrument containing—

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           (a)           an order under any of the following provisions—

                                  section 24(5),

                                  section 86,

                                  section 143(7),

                                  section 160,

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                                  section 179(3),

                                  section 205,

                                  section 228(6),

                                  section 245,

                                  section 247(6),

40

                                  section 259(2),

 

 

 
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