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Criminal Justice Bill


Criminal Justice Bill
Schedule 32 — Parenting orders and referral orders

394

 

(b)   

in England and Wales, had made in respect of him a

community order under section 149 of the Criminal Justice

Act 2003, a community rehabilitation order, a community

punishment order, a community punishment and

rehabilitation order, a drug treatment and testing order or

5

a drug abstinence order, or

(c)   

had made in respect of him any corresponding order

under the law of Scotland, Northern Ireland, the Isle of

Man or any of the Channel Islands.

8          

For the purposes of this Part of this Schedule—

10

(a)   

a sentence passed by a court-martial is to be treated as

having been passed in the United Kingdom, and

(b)   

a person is sentenced to a term of detention if, but only if—

(i)   

a court passes on him, or makes in respect of him

on conviction, any sentence or order which

15

requires him to be detained in custody for any

period, and

(ii)   

the sentence or order is available only in respect of

offenders below a certain age,

   

and any reference to serving a sentence of detention is to be

20

construed accordingly.”

Schedule 32

Section 296

 

Parenting orders and referral orders

Crime and Disorder Act 1998 (c. 37)

1          

In section 8 of the Crime and Disorder Act 1998 (parenting orders), in

25

subsection (2) the words from “and to section 19(5)” to “2000” shall cease to

have effect.

2     (1)  

Section 9 of that Act (parenting orders: supplemental) is amended as

follows.

      (2)  

For subsection (1A) there is substituted—

30

“(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

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

35

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;

(b)   

indicating the reasons why he considers those requirements

40

would be desirable in the interests of preventing the

commission of any further offence by the child or young

person; and

 

 

Criminal Justice Bill
Schedule 32 — Parenting orders and referral orders

395

 

(c)   

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

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

5

department; or

(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

10

of offender to youth offender panel).”

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

15

(b)   

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

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—

20

(a)   

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

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

25

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

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”.

30

      (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),

35

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

40

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

guardian to a youth court.

 

 

Criminal Justice Bill
Schedule 32 — Parenting orders and referral orders

396

 

    (2)  In this Part of this Schedule—

(a)   

“the offender” means the offender whose parent or

guardian is referred under section 22(2A);

(b)   

“the parent” means the parent or guardian so referred; and

(c)   

“the youth court” means a youth court as mentioned in

5

section 22(2A).

Mode of referral to court

9B         

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

court explaining why the parent is being referred to it.

Bringing the parent before the court

10

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

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

acts may—

15

(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

the parent’s arrest.

      (3)  

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

20

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

court.

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

9D    (1)  

Where the parent appears or is brought before the youth court

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

25

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

order under section 20 of this Act; and

(b)   

the court is satisfied that the parenting order would be

30

desirable in the interests of preventing the commission of

any further offence by the offender.

    (2)  A parenting order is an order which requires the parent—

(a)   

to comply, for a period not exceeding twelve months, with

such requirements as are specified in the order, and

35

(b)   

subject to sub-paragraph (4) below, to attend, for a

concurrent period not exceeding three months, such

counselling or guidance programme as may be specified in

directions given by the responsible officer.

      (3)  

The requirements that may be specified under sub-paragraph

40

(2)(a) above are those which the court considers desirable in the

interests of preventing the commission of any further offence by

the offender.

      (4)  

A parenting order under this paragraph may, but need not,

include a requirement mentioned in subsection (2)(b) above in any

45

 

 

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Schedule 33 — Criminal record certificates: amendments of Part 5 of Police Act 1997

397

 

case where a parenting order under this paragraph or any other

enactment has been made in respect of the parent on a previous

occasion.

      (5)  

A counselling or guidance programme which a parent is required

to attend by virtue of subsection (2)(b) above may be or include a

5

residential course but only if the court is satisfied—

(a)   

that the attendance of the parent at a residential course is

likely to be more effective than his attendance at a non-

residential course in preventing the commission of any

further offence by the offender, and

10

(b)   

that any interference with family life which is likely to

result from the attendance of the parent at a residential

course is proportionate in all the circumstances.

    (6)    

Before making a parenting order under this paragraph where the

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

15

information about his family circumstances and the likely effect of

the order on those circumstances.

    (7)  Sections 8(3) 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

under this paragraph as they apply in relation to any other

20

parenting order.

Appeal

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

parenting order under paragraph 9D above.

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

25

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

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

30

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)

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

35

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

Schedule 33

Section 300

 

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

1          

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

2          

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

40

“prescribed” there is inserted “manner and”.

3     (1)  

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

 

 

Criminal Justice Bill
Schedule 33 — Criminal record certificates: amendments of Part 5 of Police Act 1997

398

 

      (2)  

In subsection (1)—

(a)   

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

(b)   

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

and

(c)   

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

5

manner”.

      (3)  

After subsection (4) there is inserted—

“(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

10

prescribed under subsection (2) of that section,

(b)   

the registered person provides him with the statement

required by subsection (2) of that section, 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

15

application under section 115 exceeds the fee paid in relation

to the application under this section.”.

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),”,

20

(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)  

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

25

purposes as may be prescribed under this subsection”.

      (4)  

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

      (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

30

required for a purpose prescribed under subsection (2).

(9B)   

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

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

35

payable in relation to an application under section 113.”

5          

In section 116 (enhanced criminal record certificates: judicial appointments

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

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

prescribed”.

40

6     (1)  

Section 120 (registered persons) is amended as follows.

      (2)  

For subsection (2) there is substituted—

“(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—

45

(a)   

applies to him in writing to be registered,

 

 

Criminal Justice Bill
Schedule 33 — Criminal record certificates: amendments of Part 5 of Police Act 1997

399

 

(b)   

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

(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.

5

7          

After section 120 there is inserted—

“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

10

for—

(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—

15

(i)   

a body corporate or unincorporate, or

(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

20

under this Part, and

(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.

25

(3)   

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

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,

30

and

(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

35

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

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

40

(c)   

requiring a registered person to comply with any code of

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

400

 

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

5

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,

10

(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.

15

(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

20

(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

25

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

30

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

35

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

40

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.

 

 

 
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