Criminal Justice and Immigration Act 2008

• (2) After Schedule 34 to that Act insert the Schedule 34A set out in Schedule 24 to this Act.

Sexual offences prevention orders: relevant sexual offences

141

• (1) In section 106 of the Sexual Offences Act 2003 (c. 42) (supplemental provisions about sexual offences prevention orders), at the end insert—

(13) Subsection (14) applies for the purposes of section 104 and this section in their application in relation to England and Wales or Northern Ireland. (14) In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates— (a) to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or (b) to the age of any person, is to be disregarded.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification requirements: prescribed information

142

• (1) In section 83 of the Sexual Offences Act 2003 (c. 42) (notification requirements: initial notification)—

• (a) at the end of subsection (5) insert—

(h) any prescribed information.

; and

• (b) after that subsection insert—

(5A) In subsection (5)(h) “prescribed” means prescribed by regulations made by the Secretary of State.

• (2) Section 84 of that Act (notification requirements: changes) is amended as follows.

• (3) In subsection (1)—

• (a) after “1997,” in paragraph (c) insert—

(ca) any prescribed change of circumstances,

; and

• (b) after “the address of those premises” insert “ , the prescribed details ”.

• (4) In subsection (2) after “home address” insert “ or the prescribed change of circumstances ”.

• (5) After subsection (5) insert—

(5A) In this section— (a) “prescribed change of circumstances” means any change— (i) occurring in relation to any matter in respect of which information is required to be notified by virtue of section 83(5)(h), and (ii) of a description prescribed by regulations made by the Secretary of State; (b) “the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.

• (6) Section 85 of that Act (notification requirements: periodic notification) is amended as follows.

• (7) In subsection (1), for “the period of one year” substitute “ the applicable period ”.

• (8) In subsection (3), for “the period referred to in subsection (1)” substitute “ the applicable period ”.

• (9) After subsection (4) insert—

(5) In this section, “the applicable period” means— (a) in any case where subsection (6) applies to the relevant offender, such period as may be prescribed by regulations made by the Secretary of State, and (b) in any other case, the period of one year. (6) This subsection applies to the relevant offender if the last home address notified by him under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).

• (10) In section 138(2) of that Act (orders and regulations subject to the affirmative resolution procedure), for “86 or 130” substitute “ any of sections 83 to 86 or section 130 ”.

• (11) This section extends to England and Wales and Northern Ireland only.

Persistent sales of tobacco to persons under 18

Persistent sales of tobacco to persons under 18

143

• (1) The Children and Young Persons Act 1933 (c. 12) is amended as follows.

• (2) After section 12 insert—

(12A) (1) This section applies where a person (“the offender”) is convicted of a tobacco offence (“the relevant offence”). (2) The person who brought the proceedings for the relevant offence may by complaint to a magistrates' court apply for a restricted premises order to be made in respect of the premises in relation to which that offence was committed (“the relevant premises”). (3) A restricted premises order is an order prohibiting the sale on the premises to which it relates of any tobacco or cigarette papers to any person. (4) The prohibition applies to sales whether made— (a) by the offender or any other person, or (b) by means of any machine kept on the premises or any other means. (5) The order has effect for the period specified in the order, but that period may not exceed one year. (6) The applicant must, after making reasonable enquiries, give notice of the application to every person appearing to the applicant to be a person affected by it. (7) The court may make the order if (and only if) it is satisfied that— (a) on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco offences in relation to the relevant premises, and (b) the applicant has complied with subsection (6). (8) Persons affected by the application may make representations to the court as to why the order should not be made. (9) If— (a) a person affected by an application for a restricted premises order was not given notice under subsection (6), and (b) consequently the person had no opportunity to make representations to the court as to why the order should not be made, the person may by complaint apply to the court for an order varying or discharging it. (10) On an application under subsection (9) the court may, after hearing— (a) that person, and (b) the applicant for the restricted premises order, make such order varying or discharging the restricted premises order as it considers appropriate. (11) For the purposes of this section the persons affected by an application for a restricted premises order in respect of any premises are— (a) the occupier of the premises, and (b) any other person who has an interest in the premises. (12B) (1) This section applies where a person (“the offender”) is convicted of a tobacco offence (“the relevant offence”). (2) The person who brought the proceedings for the relevant offence may by complaint to a magistrates' court apply for a restricted sale order to be made in respect of the offender. (3) A restricted sale order is an order prohibiting the person to whom it relates— (a) from selling any tobacco or cigarette papers to any person, (b) from having any management functions in respect of any premises in so far as those functions relate to the sale on the premises of tobacco or cigarette papers to any person, (c) from keeping any cigarette machine on any premises for the purpose of selling tobacco or permitting any cigarette machine to be kept on any premises by any other person for that purpose, and (d) from having any management functions in respect of any premises in so far as those functions relate to any cigarette machine kept on the premises for the purpose of selling tobacco. (4) The order has effect for the period specified in the order, but that period may not exceed one year. (5) The court may make the order if (and only if) it is satisfied that, on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco offences. (6) In this section any reference to a cigarette machine is a reference to an automatic machine for the sale of tobacco. (12C) (1) If— (a) a person sells on any premises any tobacco or cigarette papers in contravention of a restricted premises order, and (b) the person knew, or ought reasonably to have known, that the sale was in contravention of the order, the person commits an offence. (2) If a person fails to comply with a restricted sale order, the person commits an offence. (3) It is a defence for a person charged with an offence under subsection (2) to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. (4) A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding £20,000. (5) A restricted premises order is a local land charge and in respect of that charge the applicant for the order is the originating authority for the purposes of the Local Land Charges Act 1975. (12D) (1) In sections 12A and 12B a “tobacco offence” means— (a) an offence committed under section 7(1) on any premises (which are accordingly “the premises in relation to which the offence is committed”), or (b) an offence committed under section 7(2) in respect of an order relating to any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”). (2) In sections 12A to 12C the expressions “tobacco” and “cigarette” have the same meaning as in section 7. (3) In sections 12A and 12B “notice” means notice in writing.

• (3) In section 102(1) (appeals to the Crown Court), after paragraph (e) insert—

(f) in the case of a restricted premises order under section 12A or a restricted sale order under section 12B, by any person aggrieved.

Penalties for serious contraventions of data protection principles

Power to require data controllers to pay monetary penalty

144

• (1) After section 55 of the Data Protection Act 1998 (c. 29) insert—

(55A) (1) The Commissioner may serve a data controller with a monetary penalty notice if the Commissioner is satisfied that— (a) there has been a serious contravention of section 4(4) by the data controller, (b) the contravention was of a kind likely to cause substantial damage or substantial distress, and (c) subsection (2) or (3) applies. (2) This subsection applies if the contravention was deliberate. (3) This subsection applies if the data controller— (a) knew or ought to have known — (i) that there was a risk that the contravention would occur, and (ii) that such a contravention would be of a kind likely to cause substantial damage or substantial distress, but (b) failed to take reasonable steps to prevent the contravention. (4) A monetary penalty notice is a notice requiring the data controller to pay to the Commissioner a monetary penalty of an amount determined by the Commissioner and specified in the notice. (5) The amount determined by the Commissioner must not exceed the prescribed amount. (6) The monetary penalty must be paid to the Commissioner within the period specified in the notice. (7) The notice must contain such information as may be prescribed. (8) Any sum received by the Commissioner by virtue of this section must be paid into the Consolidated Fund. (9) In this section— - “data controller” does not include the Crown Estate Commissioners or a person who is a data controller by virtue of section 63(3); - “prescribed” means prescribed by regulations made by the Secretary of State. (55B) (1) Before serving a monetary penalty notice, the Commissioner must serve the data controller with a notice of intent. (2) A notice of intent is a notice that the Commissioner proposes to serve a monetary penalty notice. (3) A notice of intent must— (a) inform the data controller that he may make written representations in relation to the Commissioner's proposal within a period specified in the notice, and (b) contain such other information as may be prescribed. (4) The Commissioner may not serve a monetary penalty notice until the time within which the data controller may make representations has expired. (5) A person on whom a monetary penalty notice is served may appeal to the Tribunal against— (a) the issue of the monetary penalty notice; (b) the amount of the penalty specified in the notice. (6) In this section, “prescribed” means prescribed by regulations made by the Secretary of State. (55C) (1) The Commissioner must prepare and issue guidance on how he proposes to exercise his functions under sections 55A and 55B. (2) The guidance must, in particular, deal with— (a) the circumstances in which he would consider it appropriate to issue a monetary penalty notice, and (b) how he will determine the amount of the penalty. (3) The Commissioner may alter or replace the guidance. (4) If the guidance is altered or replaced, the Commissioner must issue the altered or replacement guidance. (5) The Commissioner may not issue guidance under this section without the approval of the Secretary of State. (6) The Commissioner must lay any guidance issued under this section before each House of Parliament. (7) The Commissioner must arrange for the publication of any guidance issued under this section in such form and manner as he considers appropriate. (8) In subsections (5) to (7), “guidance” includes altered or replacement guidance. (55D) (1) This section applies in relation to any penalty payable to the Commissioner by virtue of section 55A. (2) In England and Wales, the penalty is recoverable— (a) if a county court so orders, as if it were payable under an order of that court; (b) if the High Court so orders, as if it were payable under an order of that court. (3) In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland. (4) In Northern Ireland, the penalty is recoverable— (a) if a county court so orders, as if it were payable under an order of that court; (b) if the High Court so orders, as if it were payable under an order of that court. (55E) (1) The Secretary of State may by order make further provision in connection with monetary penalty notices and notices of intent. (2) An order under this section may in particular— (a) provide that a monetary penalty notice may not be served on a data controller with respect to the processing of personal data for the special purposes except in circumstances specified in the order; (b) make provision for the cancellation or variation of monetary penalty notices; (c) confer rights of appeal to the Tribunal against decisions of the Commissioner in relation to the cancellation or variation of such notices; (d) make provision for the proceedings of the Tribunal in respect of appeals under section 55B(5) or appeals made by virtue of paragraph (c); (e) make provision for the determination of such appeals; (f) confer rights of appeal against any decision of the Tribunal in relation to monetary penalty notices or their cancellation or variation. (3) An order under this section may apply any provision of this Act with such modifications as may be specified in the order. (4) An order under this section may amend this Act.

• (2) In section 67 of that Act (orders, regulations, rules)—

• (a) in subsection (4) insert at the appropriate place— “ section 55E(1), ”; and

• (b) in subsection (5) after paragraph (c) insert—

(ca) regulations under section 55A(5) or (7) or 55B(3)(b),

.

Armed forces legislation

Amendments to armed forces legislation

145

Schedule 25 contains—

• (a) amendments to armed forces legislation (which make provision for service courts etc. corresponding to other provisions of this Act); and

• (b) transitional provision relating to certain of those amendments.

Automatic deportation of criminals

Convention against human trafficking

146

After section 33(6) of the UK Borders Act 2007 (automatic deportation: exceptions) insert—

(6A) Exception 6 is where the Secretary of State thinks that the application of section 32(4) and (5) would contravene the United Kingdom's obligations under the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16th May 2005).

Part 12 — General

Orders, rules and regulations

147

• (1) Orders, rules or regulations made by the Secretary of State or the Lord Chancellor under this Act are to be made by statutory instrument.

• (1A) Orders made by the Department of Justice in Northern Ireland under this Act are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

• (2) Any orders or regulations falling within subsection (1) or (1A) —

• (a) may make provision generally or only for specified cases or circumstances;

• (b) may make different provision for different cases, circumstances or areas;

• (c) may make incidental, supplementary, consequential, transitional, transitory or saving provision.

• (3) Subject to subsection (4), a statutory instrument containing any order or regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Subsection (3) does not apply to—

• (a) a statutory instrument containing an order under section 153,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) a statutory instrument containing an Order in Council under paragraph 9 of Schedule 17, or

• (d) a statutory instrument to which subsection (5) applies.

• (5) A statutory instrument containing (whether alone or with other provision)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) an order under section 48(2),

• (c) an order under section 77,

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (da) an order under section 98(6),

• (e) an order under section 102,

• (f) regulations under any of sections 108 to 111,

• (g) an order under section 135(6),

• (h) an order under section 148(3) which amends or repeals any provision of an Act,

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (k) rules under paragraph 2(4)(a) of Schedule 6, or

• (l) an order under paragraph 6 of Schedule 7,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (5A) Subject to subsection (5B), orders made by the Department of Justice in Northern Ireland under this Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

• (5B) Subsection (5A) does not apply to an order made by the Department of Justice containing (whether alone or with other provision) provision under section 83(4) or 91(3) which amends or repeals any provision of an Act; and no such order may be made by the Department unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

• (5C) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (5B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

• (6) An order under section 153(5)(b) is to be made by statutory instrument.

• (7) An order under section 153(6) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Consequential etc. amendments and transitional and saving provision

148

• (1) Schedule 26 contains minor and consequential amendments.

• (2) Schedule 27 contains transitory, transitional and saving provisions.

• (3) The Secretary of State may by order make—

• (a) such supplementary, incidental or consequential provision, or

• (b) such transitory, transitional or saving provision,

as the Secretary of State considers appropriate for the general purposes, or any particular purposes, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.

• (4) An order under subsection (3) may, in particular—

• (a) provide for any amendment or other provision made by this Act which comes into force before any other provision (whether made by this or any other Act or by any subordinate legislation) has come into force to have effect, until that other provision has come into force, with specified modifications, and

• (b) amend, repeal or revoke any provision of—

• (i) any Act (including this Act and any Act passed in the same Session as this Act);

• (ii) subordinate legislation made before the passing of this Act;

• (iii) Northern Ireland legislation passed, or made, before the passing of this Act; and

• (iv) any instrument made, before the passing of this Act, under Northern Ireland legislation.

• (5) Nothing in this section limits the power under section 153(8) to include provision for transitory, transitional or saving purposes in an order under that section.

• (6) The amendments that may be made by virtue of subsection (4)(b) are in addition to those made by or which may be made under any other provision of this Act.

• (7) In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

• (8) Her Majesty may by Order in Council extend any provision made by virtue of subsection (4)(b), with such modifications as may appear to Her Majesty to be appropriate, to the Isle of Man or any British overseas territory.

• (9) The power under subsection (8) includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.

• (10) Subsection (8) does not apply in relation to amendments of the Armed Forces Act 2006 (c. 52).

Repeals and revocations

149

Schedule 28 contains repeals and revocations, including repeals of spent enactments.

Financial provisions

150

There is to be paid out of money provided by Parliament—

• (a) any expenditure incurred by virtue of this Act by a Minister of the Crown; and

• (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Effect of amendments to criminal justice provisions applied for purposes of service law

151

• (1) In this section “relevant criminal justice provisions” means provisions of, or made under, an Act which—

• (a) relate to criminal justice; and

• (b) have been applied (with or without modifications) for any purposes of service law by any provision of, or made under, any Act.

• (2) Unless the contrary intention appears, any amendment by this Act of relevant criminal justice provisions also amends those provisions as so applied.

• (3) Subsection (2) does not apply to any amendments made by Part 1.

• (4) In this section “service law” means—

• (a) the system of service law established by the Armed Forces Act 2006 (c. 52); or

• (b) any of the systems of service law superseded by that Act (namely, military law, air force law and the Naval Discipline Act 1957 (c. 53)).

Extent

152

• (1) Subject as follows and to any other provision of this Act, this Act extends to England and Wales only.

• (2) The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—

• (a) section 77;

• (b) section 96;

• (c) section 113 (together with such of the other provisions of Part 7 as relate to the commission of offences under that section);

• (d) Part 10;

• (e) this Part (subject to subsection (5)).

• (3) The following provisions of this Act extend to England and Wales and Northern Ireland—

• (a) section 3 and Schedule 3;

• (b) section 39(3) and (6)(d) and paragraph 7 of Schedule 7;

• (c) sections 63 to 68 and Schedule 14;

• (d) section 76;

• (e) section 85(6) to (7B) (so far as relating to any provision of Part 3 of the Magistrates' Courts Act 1980 which extends to Northern Ireland);

• (f) sections 86 and 90 to 92 and Schedules 18 and 19.

• (4) The following provisions of this Act extend to Northern Ireland only—

• (a) sections 82 and 83;

• (b) sections 87, 88 and 89(1) to (5);

• (c) section 122 and Schedule 21.

• (5) Except as otherwise provided by this Act, an amendment, repeal or revocation of any enactment by any provision of this Act extends to the part or parts of the United Kingdom to which the enactment extends.

• (6) The following amendments and repeals also extend to the Channel Islands and the Isle of Man—

• (a) the amendments of sections 26 and 70(1) of the Children and Young Persons Act 1969 (c. 54) (transfers between England or Wales and the Channel Islands or Isle of Man) made by Schedule 4, and

• (b) the repeals in Part 1 of Schedule 28 relating to those amendments.

• (7) In section 7(2) of the Nuclear Material (Offences) Act 1983 (c. 18) (application to Channel Islands, Isle of Man, etc.) the reference to that Act includes a reference to that Act as amended by Schedule 17.

• (8) In section 9(4) of the Repatriation of Prisoners Act 1984 (c. 47) (power to extend provisions of that Act to the Channel Islands etc.) the reference to that Act includes a reference to that Act as amended by any provision of this Act.

• (9) In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands, Isle of Man, etc.) any reference to that Act includes a reference to—

• (a) that Act as amended by or under any provision of this Act,

• (b) section 151, and

• (c) paragraph 34 of Schedule 25.

• (10) Nothing in this section restricts the operation of section 76 and paragraph 27 of Schedule 27 in their application in relation to service offences (within the meaning of that paragraph).

Commencement

153

• (1) The following provisions of this Act come into force on the day on which this Act is passed—

• (a) section 53, Schedule 13, paragraph 77 of Schedule 26 and the repeals in Part 4 of Schedule 28 relating to—

• (i) paragraphs 13 and 22 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), and

• (ii) Part 4 of Schedule 37 to that Act;

• (b) section 77;

• (c) section 128;

• (d) sections 138(1) to (4) and 139;

• (e) section 147;

• (f) section 148(3) to (7);

• (g) sections 150 and 152;

• (h) this section;

• (i) section 154;

• (j) paragraphs 6(3) and 12 to 16 of Schedule 16 and the repeals in Part 5 of Schedule 28 relating to Part 3A of the Public Order Act 1986 (c. 64);

• (k) paragraphs 35 to 39 of Schedule 26.

• (2) The following provisions of this Act come into force at the end of the period of 2 months beginning with the day on which it is passed—

• (a) section 62 and the related repeal in Part 4 of Schedule 28;

• (b) section 69 and paragraph 24 of Schedule 26;

• (c) section 70 and paragraph 25 of Schedule 26;

• (d) section 79 and the related repeals in Part 5 of Schedule 28;

• (e) paragraphs 2 to 7 of Schedule 15;

• (f) paragraph 24 of Schedule 27.

• (3) Where any particular provision or provisions of a Schedule come into force in accordance with subsection (1) or (2), the section introducing the Schedule also comes into force in accordance with that subsection so far as relating to the particular provision or provisions.

• (4) The following provisions come into force on such day as the Lord Chancellor may by order appoint—

• (a) section 19;

• (b) section 41;

• (c) sections 56 to 58;

• (d) sections 80 to 92 and Schedules 18 and 19;

• (e) paragraph 29 of Schedule 27.

• (5) Sections 119 to 121 come into force—

• (a) in relation to English NHS premises, on such day as the Secretary of State may by order appoint, and

• (b) in relation to Welsh NHS premises, on such day as the Welsh Ministers may by order appoint.

• (6) Section 122 and Schedule 21 come into force on such day as the Department of Health, Social Services and Public Safety may by order appoint.

• (7) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.

• (8) An order under any of subsections (4) to (7) may—

• (a) appoint different days for different purposes and in relation to different areas;

• (b) make such provision as the person making the order considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision falling within that subsection.

Short title

154

This Act may be cited as the Criminal Justice and Immigration Act 2008.

SCHEDULE 1

Part 1 — Provisions to be included in youth rehabilitation orders

Imposition of requirements

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electronic monitoring requirement

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Youth rehabilitation order with intensive supervision and surveillance

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Youth rehabilitation order with fostering

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Intensive supervision and surveillance and fostering: further provisions

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Requirements

Activity requirement

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Activity requirement: instructions of responsible officer under paragraph 6(1)(d)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Activity requirement: further provisions

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supervision requirement

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Unpaid work requirement

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Programme requirement

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attendance centre requirement

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibited activity requirement

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Curfew requirement

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion requirement

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Residence requirement

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local authority residence requirement

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fostering requirement

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pre-conditions to imposing local authority residence requirement or fostering requirement

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mental health treatment requirement

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mental health treatment at place other than that specified in order

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Drug treatment requirement

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Drug testing requirement

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Intoxicating substance treatment requirement

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education requirement

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electronic monitoring requirement

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend limits

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — Provisions applying where court proposes to make youth rehabilitation order

Family circumstances

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compatibility of requirements, requirement to avoid conflict with religious beliefs, etc.

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of taking effect and other existing orders

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Concurrent and consecutive orders

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 — Provisions applying where court makes youth rehabilitation order etc.

Date for compliance with requirements to be specified in order

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local justice area to be specified in order

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of copies of orders

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to provide for court review of orders

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order made by Crown Court: direction in relation to further proceedings

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

Part 1 — Preliminary

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders made on appeal

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Breach of requirement of order

Duty to give warning

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Breach of order

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of summons or warrant by justice of the peace

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of magistrates' court

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of magistrates' court to refer offender to Crown Court

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Crown Court

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction of powers in paragraphs 6 and 8 where treatment required

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend amounts of fines

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — Revocation of order

Revocation of order with or without re-sentencing: powers of appropriate court

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of order with or without re-sentencing: powers of Crown Court

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 — Amendment of order

Amendment by appropriate court

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment by Crown Court

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of powers under paragraph 13(2) or 14(2): further provisions

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of powers under paragraph 13(4) or 14(4): further provisions

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension of unpaid work requirement

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 5 — Powers of court in relation to order following subsequent conviction

Powers of magistrates' court following subsequent conviction

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Crown Court following subsequent conviction

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 6 — Supplementary

Appearance of offender before court

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Warrants

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adjournment of proceedings

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on imposition of intensive supervision and surveillance or fostering

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of copies of orders etc.

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend maximum period of fostering requirement

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

Making of youth rehabilitation order where offender resides or will reside in Northern Ireland

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further provisions regarding the making or amending of youth rehabilitation orders under paragraph 1 or 2

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications to Part 1

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “supervision”

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Provisions relating to an order made or amended under Part 1

Application of this Part

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of the youth rehabilitation order in Northern Ireland

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of offender to keep in touch with relevant officer

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of the home court in respect of the youth rehabilitation order

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of court in England or Wales before which the offender is required to appear

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend provisions of Schedule in consequence of changes to the law in Northern Ireland

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

Part 1 — Consequential amendments

Children and Young Persons Act 1933 (c. 12)

1

The Children and Young Persons Act 1933 has effect subject to the following amendments.

2

• (1) Section 34 (attendance at court of parent of child or young person charged with an offence, etc.) is amended as follows.

• (2) In subsection (7), omit “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”.

• (3) After subsection (7A) insert—

(7B) If it appears that at the time of his arrest a youth rehabilitation order, as defined in Part 1 of the Criminal Justice and Immigration Act 2008, is in force in respect of him, the responsible officer, as defined in section 4 of that Act, shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.

3

• (1) Section 49 (restrictions on reports of proceedings in which children or young persons are concerned) is amended as follows.

• (2) In subsection (2), for paragraphs (c) and (d) substitute—

(c) proceedings in a magistrates' court under Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders); (d) proceedings on appeal from a magistrates' court arising out of any proceedings mentioned in paragraph (c) (including proceedings by way of case stated).

• (3) In subsection (4A), omit paragraph (d) (but not the word “or” immediately following it).

• (4) In subsection (10), for the words from “Schedule 7” to “supervision orders)” substitute the words “ Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders) ”.

• (5) In subsection (13), omit paragraph (c)(i).

Criminal Appeal Act 1968 (c. 19)

4

In section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in other cases dealt with at assizes or quarter sessions), for paragraph (b) substitute—

(b) having been given a suspended sentence or made the subject of— (i) an order for conditional discharge, (ii) a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, or (iii) a community order within the meaning of Part 12 of the Criminal Justice Act 2003, appears or is brought before the Crown Court to be further dealt with for the offence.

Firearms Act 1968 (c. 27)

5

The Firearms Act 1968 has effect subject to the following amendments.

6

In section 21(3ZA)(a) (possession of firearms by persons previously convicted of crime), after “2003”, insert “ , or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, ”.

7

In section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of certificate by convicting court), after “2003”, insert “ , or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, ”.

Health Services and Public Health Act 1968 (c. 46)

8

The Health Services and Public Health Act 1968 has effect subject to the following amendments.

9

In section 64(3)(a) (financial assistance by the Secretary of State to certain voluntary organisations)—

• (a) in paragraph (xxi) of the definition of “the relevant enactments”, for “sections 63 to 66 and 92 of, and Schedules 6 and 7 to,” substitute “ section 92 of ”, and

• (b) after that paragraph, insert—

(xxii) Part 1 of the Criminal Justice and Immigration Act 2008;

.

10

In section 65(3)(b) (financial and other assistance by local authorities to certain voluntary organisations), for paragraph (xxii) of the definition of “relevant enactments” substitute—

(xxii) Part 1 of the Criminal Justice and Immigration Act 2008;

.

Social Work (Scotland) Act 1968 (c. 49)

11

The Social Work (Scotland) Act 1968 has effect subject to the following amendments.

12

In section 86(3) (adjustments between authority providing accommodation etc, and authority of area of residence) after “supervision order” insert “ , youth rehabilitation order ”.

13

In section 94(1) (interpretation)—

• (a) for the definition of “probation order” substitute—

“probation order”, in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996,

,

• (b) in the definition of “supervision order”, omit “the Powers of Criminal Courts (Sentencing) Act 2000 or”, and

• (c) at the end insert—

“youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.

Children and Young Persons Act 1969 (c. 54)

14

The Children and Young Persons Act 1969 has effect subject to the following amendments.

15

Omit section 25 (transfers between England or Wales and Northern Ireland).

16

• (1) Section 26 (transfers between England or Wales and the Channel Islands or Isle of Man) is amended as follows.

• (2) In subsection (1)(c), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

• (3) In subsection (2), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

17

• (1) Section 32 (detention of absentees) is amended as follows.

• (2) In subsection (1A)—

• (a) in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”, and

• (b) for paragraph (b) substitute—

(b) from local authority accommodation— (i) in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); or (ii) to which he has been remanded under paragraph 21 of Schedule 2 to that Act; or (iii) to which he has been remanded or committed under section 23(1) of this Act,

.

• (3) For subsection (1C) substitute—

(1C) In this section “the responsible person” means, as the case may be— (a) the person who made the arrangements under paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008; (b) the authority specified under paragraph 17(5) of Schedule 1 to that Act; (c) the authority designated under paragraph 21(10) of Schedule 2 to that Act; or (d) the authority designated under section 23 of this Act.

• (4) After subsection (1C) insert—

(1D) If a child or young person— (a) is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and (b) is absent, without the consent of the responsible officer (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), from the place in which he is required to reside, he may be arrested by a constable anywhere in the United Kingdom without a warrant. (1E) A person so arrested shall be conducted to— (a) the place where he is required to reside, or (b) such other place as the local authority specified under paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 may direct, at that local authority's expense.

• (5) In subsection (2), for “or (1A)” substitute “ , (1A) or (1D) ”.

• (6) In subsection (2A), for the words from “mentioned in subsection” to “this section is in premises” substitute “ mentioned in subsection (1), (1A)(a) or (b)(i) or (ii) or (1D) of this section is in premises ”.

• (7) In subsection (2B)—

• (a) after “subsection (1A)” insert “ or (1D) ”, and

• (b) at the end insert “ or the responsible officer, as the case may be. ”

• (8) In subsection (3), for “or (1A)” substitute “ , (1A) or (1D) ”.

• (9) In subsection (4), after “(1A)” insert “ , (1D) ”.

18

In section 70(1) (interpretation)—

• (a) omit the definition of “supervision order”,

• (b) after the definition of “local authority accommodation” insert—

“local authority residence requirement” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008;

, and

• (c) after the definition of “youth offending team” insert—

“youth rehabilitation order” and “youth rehabilitation order with fostering” have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);

.

19

In section 73(4)(a) (provisions of section 32 extending to Scotland) for “to (1C)” substitute “ to (1E) ”.

Rehabilitation of Offenders Act 1974 (c. 53)

20

The Rehabilitation of Offenders Act 1974 has effect subject to the following amendments.

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

In section 7(2) (limitations on rehabilitation under Act, etc.) for paragraph (d) substitute—

(d) in any proceedings relating to the variation or discharge of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or on appeal from any such proceedings;

.

Bail Act 1976 (c. 63)

23

In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others)—

• (a) omit the words “to be dealt with”, and

• (b) for paragraph (a), substitute—

(a) Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach, revocation or amendment of youth rehabilitation orders), or

.

Magistrates' Courts Act 1980 (c. 43)

24

In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143), omit the entries relating to Schedules 3, 5 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

Contempt of Court Act 1981 (c. 49)

25

In section 14 of the Contempt of Court Act 1981 (proceedings in England and Wales), omit the subsection (2A) inserted by the Criminal Justice Act 1982 (c. 48).

Criminal Justice Act 1982

26

Part 3 of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements for transfer of community service orders from Northern Ireland) has effect subject to the following amendments.

27

• (1) Paragraph 7 (transfer to England and Wales) is amended as follows.

• (2) In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such orders” substitute “ an unpaid work requirement of a community order under section 177 of the Criminal Justice Act 2003 or youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.

• (3) In sub-paragraph (2)(b)—

• (a) after “a community order” insert “ or a youth rehabilitation order ”, and

• (b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

• (4) In sub-paragraph (3)—

• (a) for “A community service order” substitute “ An adult community service order ”, and

• (b) in paragraph (b)—

• (i) omit “within the meaning of Part 12 of the Criminal Justice Act 2003”, and

• (ii) for “by that Part of that Act” substitute “ by Part 12 of the Criminal Justice Act 2003 ”.

• (5) After sub-paragraph (3) insert—

(4) A youth community service order made or amended in accordance with this paragraph shall— (a) specify the local justice area in England or Wales in which the offender resides or will be residing when the order or the amendment comes into force; and (b) require— (i) the local probation board for that area established under section 4 of the Criminal Justice and Court Services Act 2000 or (as the case may be) a provider of probation services operating in that area, or (ii) a youth offending team established under section 39 of the Crime and Disorder Act 1998 by a local authority for the area in which the offender resides or will be residing when the order or amendment comes into force, to appoint a person who will discharge in respect of the order the functions in respect of youth rehabilitation orders conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008. (5) The person appointed under sub-paragraph (4)(b) must be— (a) where the appointment is made by a local probation board, an officer of that board; (b) where the appointment is made by a provider of probation services, an officer of that provider; (c) where the appointment is made by a youth offending team, a member of that team.

28

• (1) Paragraph 9 (general provision) is amended as follows.

• (2) In sub-paragraph (3)—

• (a) in paragraph (a)—

• (i) for “a community service order” substitute “ an adult community service order ”;

• (ii) omit “under section 177 of the Criminal Justice Act 2003”;

• (iii) for “of that Act” substitute “ of the Criminal Justice Act 2003 ”, and

• (b) before “and” at the end of that paragraph insert—

(aa) a youth community service order made or amended in the circumstances specified in paragraph 7 above shall be treated as if it were a youth rehabilitation order made in England and Wales and the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly;

.

• (3) In sub-paragraph (4)(a)—

• (a) after “community orders” insert “ or youth rehabilitation orders ”, and

• (b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

• (4) In sub-paragraph (5)—

• (a) after “community order” insert “ or youth rehabilitation order ”, and

• (b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

• (5) In sub-paragraph (6)—

• (a) after “community orders” insert “ or youth rehabilitation orders ”,

• (b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”, and

• (c) in paragraph (b)(i), after “2003” insert “ or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008 ”.

29

After that paragraph insert—

(10) In paragraphs 7 and 9 above— - “adult community service order” means a community service order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made; - “community order” means an order made under section 177 of the Criminal Justice Act 2003; - “youth community service order” means a community service order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made; - “youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.

Mental Health Act 1983 (c. 20)

30

In section 37(8) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—

• (a) in paragraph (a), after “Criminal Justice Act 2003)” insert “ or a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and

• (b) in paragraph (c), omit the words “a supervision order (within the meaning of that Act) or”.

Child Abduction Act 1984 (c. 37)

31

In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—

• (a) in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”, and

• (b) in paragraph (b), after “1969” insert “ or paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”.

Prosecution of Offences Act 1985 (c. 23)

32

• (1) Section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances) is amended as follows.

• (2) In subsection (3B)(b)(i), for the words from “in a community order” to “that Act” substitute “ a mental health treatment requirement in a community order or youth rehabilitation order ”.

• (3) After subsection (3B) insert—

(3C) For the purposes of subsection (3B)(b)(i)— - “community order” has the same meaning as in Part 12 of the Criminal Justice Act 2003; - “mental health treatment requirement” means— 1. in relation to a community order, a mental health treatment requirement under section 207 of the Criminal Justice Act 2003, and 2. in relation to a youth rehabilitation order, a mental health treatment requirement under paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008; - “youth rehabilitation order” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008.

Children Act 1989 (c. 41)

33

The Children Act 1989 has effect subject to the following amendments.

34

• (1) Section 21 (provision of accommodation for children in police protection or detention or on remand, etc.) is amended as follows.

• (2) In subsection (2)(c)—

• (a) in sub-paragraph (i), omit “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or” and “or” at the end of that sub-paragraph, and

• (b) for sub-paragraph (ii), substitute—

(ii) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach etc. of youth rehabilitation orders); or (iii) the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,

.

• (3) After subsection (2) insert—

(2A) In subsection (2)(c)(iii), the following terms have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 7 of that Act)— - “local authority residence requirement”; - “youth rehabilitation order”; - “youth rehabilitation order with fostering”.

35

In section 31(7)(b) (care and supervision orders), for sub-paragraph (ii) substitute—

(ii) a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008; or

.

36

In section 105(6) (interpretation)—

• (a) in paragraph (b), omit from the words “or an” to the end of the paragraph, and

• (b) after that paragraph insert—

(ba) in accordance with the requirements of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008; or

.

37

• (1) Part 3 of Schedule 3 (education supervision orders) is amended as follows.

• (2) In paragraph 13(2), for paragraph (c) substitute—

(c) a youth rehabilitation order made under Part 1 of the Criminal Justice and Immigration Act 2008 with respect to the child, while the education supervision order is in force, may not include an education requirement (within the meaning of that Part);

.

• (3) In paragraph 14—

• (a) in sub-paragraph (1), for “order under section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and

• (b) in sub-paragraph (2), after “direction” (in the second place it occurs) insert “ or instruction ”.

38

In paragraph 3 of Schedule 8 (privately fostered children) for paragraph (a) substitute—

(a) a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008;

.

Criminal Justice Act 1991 (c. 53)

39

Part 3 of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation orders from Northern Ireland to England and Wales) has effect subject to the following amendments.

40

• (1) Paragraph 10 is amended as follows.

• (2) In sub-paragraph (2)(b), for the words from “the local probation board” to the end substitute

— (i) the local probation board for the area which contains the local justice area in which he resides or will reside or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside, or (ii) a youth offending team established by a local authority for the area in which he resides or will reside,

, and

• (3) In sub-paragraph (3)(a), for the words from “an officer of a local probation board” to the end substitute

— (i) an officer of a local probation board assigned to the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force or (as the case may be) an officer of a provider of probation services acting in the local justice area in which the offender resides or will then be residing, or (ii) a member of a youth offending team established by a local authority for the area in England and Wales in which the offender resides or will then be residing;

.

41

• (1) Paragraph 11 is amended as follows.

• (2) In sub-paragraph (2)—

• (a) for “a probation order” substitute “ an adult probation order ”,

• (b) in paragraph (a), omit “under section 177 of the Criminal Justice Act 2003”, and

• (c) in paragraph (b), for “of that Act” substitute “ of the Criminal Justice Act 2003 ”.

• (3) After that sub-paragraph insert—

(2A) Where a youth probation order is made or amended in any of the circumstances specified in paragraph 10 above then, subject to the following provisions of this paragraph— (a) the order shall be treated as if it were a youth rehabilitation order made in England and Wales, and (b) the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly.

• (4) In sub-paragraph (3)—

• (a) for paragraph (a) substitute—

(a) the requirements of the legislation relating to community orders or, as the case may be, youth rehabilitation orders;

;

• (b) in paragraph (b), for “Schedule 8 to that Act” substitute “ that legislation ”.

• (5) In sub-paragraph (4)—

• (a) after “a community order” insert “ or, as the case may be, a youth rehabilitation order ”,

• (b) omit “under section 177 of the Criminal Justice Act 2003”, and

• (c) for “to that Act” substitute “ to the Criminal Justice Act 2003 or by paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”.

• (6) In sub-paragraph (5)—

• (a) after “2003” insert “ or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008 ”,

• (b) for “(2) above” substitute “ (2) or (2A) (as the case may be) ”, and

• (c) in paragraph (b) for the words from “of the” to “board” substitute

of— (i) the offender, or (ii) the officer of a local probation board, officer of a provider of probation services or member of a youth offending team (as the case may be),

.

• (7) In sub-paragraph (8)—

• (a) after “In this paragraph” insert—

“adult probation order” means a probation order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made; “community order” means an order made under section 177 of the Criminal Justice Act 2003;

;

• (b) at the end insert—

“youth probation order” means a probation order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made; “youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.

Criminal Justice and Public Order Act 1994 (c. 33)

42

In section 136 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement: execution of warrants), in subsection (7A), after “youth offender panel)” insert “ or under Schedule 2 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders: breach etc.) ”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 1996 (c. 56)

47

In section 562(2)(b) of the Education Act 1996 (Act not to apply to persons detained under order of a court), for “community order under section 177 of the Criminal Justice Act 2003” substitute “ youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.

Crime and Disorder Act 1998 (c. 37)

48

The Crime and Disorder Act 1998 has effect subject to the following amendments.

49

In section 38(4) (local provision of youth justice services)—

• (a) in paragraph (f), for “, reparation orders and action plan orders” substitute “ and reparation orders ”,

• (b) after paragraph (f) insert—

(fa) the provision of persons to act as responsible officers in relation to youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); (fb) the supervision of children and young persons sentenced to a youth rehabilitation order under that Part which includes a supervision requirement (within the meaning of that Part);

,

• (c) omit paragraph (g), and

• (d) in paragraph (h), omit “or a supervision order”.

50

In Schedule 8 (minor and consequential amendments), in paragraph 13(2), for “that section” substitute “ section 10 of that Act ”.

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

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59

In section 159 (execution of process between England and Wales and Scotland)—

• (a) after “Schedule 1 to this Act,” insert “ or ”,

• (b) omit “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”,

• (c) omit “paragraph 1(1) of Schedule 5 to this Act”, and

• (d) omit “paragraph 7(2) of Schedule 7 to this Act, or”.

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61

In section 163 (general definitions)—

• (a) omit the definitions of “action plan order”, “affected person”, “attendance centre”, “attendance centre order”, “community sentence”, “curfew order”, “exclusion order”, “supervision order”, “supervisor” and “youth community order”,

• (b) in the definition of “responsible officer”, omit paragraphs (a), (aa) and (f), and

• (c) at the end add—

“youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008.

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Child Support, Pensions and Social Security Act 2000 (c. 19)

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice and Court Services Act 2000 (c. 43)

68

The Criminal Justice and Court Services Act 2000 has effect subject to the following amendments.

69

In section 1(2)(a) (purposes of Chapter), after “2003)” insert “ , youth rehabilitation orders (as defined by section 1 of the Criminal Justice and Immigration Act 2008) ”.

70

In section 70 (interpretation, etc.) omit subsection (5).

Criminal Justice Act 2003 (c. 44)

71

Part 12 of the Criminal Justice Act 2003 (sentencing) has effect subject to the following amendments.

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

74

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

79

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

85

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

86

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

87

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

90

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

92

In section 221(2) (provision of attendance centres)—

• (a) omit “or” at the end of paragraph (a),

• (b) after that paragraph insert—

(aa) attendance centre requirements of youth rehabilitation orders, within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008,

, and

• (c) omit paragraph (b).

93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

94

Omit section 279 (drug treatment and testing requirement in action plan order or supervision order).

95

In section 330(5)(a) (orders subject to the affirmative resolution procedure), omit the entry relating to section 161(7).

96

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

97

Omit Schedule 24 (drug treatment and testing requirement in action plan order or supervision order).

Violent Crime Reduction Act 2006 (c. 38)

98

In section 47 of the Violent Crime Reduction Act 2006 (power to search persons in attendance centres for weapons), in the definition of “relevant person” in subsection (11), for paragraph (b) substitute—

(b) a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;

.

Offender Management Act 2007 (c. 21)

99

In section 1(4) of the Offender Management Act 2007 (meaning of “the probation purposes”), in the definition of “community order”—

• (a) after paragraph (a) insert—

(aa) a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);

, and

• (b) after paragraph (b) insert—

(c) a youth community order within the meaning of that Act (as it applies to offences committed before section 1 of the Criminal Justice and Immigration Act 2008 comes into force)

.

Part 2 — Related amendments

Children and Young Persons Act 1933 (c. 12)

100

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1969 (c. 54)

101

• (1) Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows.

• (2) In subsection (1A)—

• (a) in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”,

• (b) in paragraph (b) (as substituted by paragraph 17(2)(b) of this Schedule), in sub-paragraph (ii), after “under” insert “ paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”.

• (3) In subsection (1C) (as substituted by paragraph 17(3) of this Schedule)—

• (a) in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”, and

• (b) in paragraph (c), after “under” insert “ paragraph 4(6) of Schedule 1 or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”.

Bail Act 1976 (c. 63)

102

In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others), before paragraph (a) (as substituted by paragraph 23(b) of this Schedule) insert—

(za) Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 (referral orders: referral back to appropriate court), (zb) Schedule 8 to that Act (breach of reparation order),

.

Magistrates' Courts Act 1980 (c. 43)

103

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Child Abduction Act 1984 (c. 37)

104

In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—

• (a) in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”, and

• (b) in paragraph (b), before “or” (as inserted by paragraph 31(b) of this Schedule) insert “ , paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 ”.

Children Act 1989 (c. 41)

105

In section 21(2)(c) of the Children Act 1989 (provision of accommodation for children in police protection or detention or on remand, etc.), after sub-paragraph (i) insert—

(ia) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach etc. of referral orders and reparation orders);

.

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

106

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

107

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

108

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 2003 (c. 44)

109

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

SCHEDULE 6

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

General

1

Any reference to the offender is, in relation to a youth default order, to be read as a reference to the person in default; and any reference to the time when the offender is convicted is to be read as a reference to the time when the order is made.

Unpaid work requirement

2

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In its application to a youth default order, paragraph 10 (unpaid work requirement) of Schedule 6 to the Sentencing Code has effect as if for paragraphs (a) and (b) of sub-paragraph (3) there were substituted—

(a) not less than 20, and (b) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.

Amount	Number of hours
An amount not exceeding £200	40
An amount exceeding £200 but not exceeding £500	60
An amount exceeding £500	100

.

• (3) In its application to a youth default order, subsection (3) of section 198 of the Sentencing Code (when a youth rehabilitation order is in force) has effect subject to section 39(7)(a) of the Criminal Justice and Immigration Act 2008.

Attendance centre requirement

3

• (1) In its application to a youth default order, paragraph 14 of Schedule 6 to the Sentencing Code (attendance centre requirement) is modified as follows.

• (2) Sub-paragraph (3) has effect as if—

• (a) in paragraph (a), for the words following “conviction” there were substituted

... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.

Amount	Number of hours
An amount not exceeding £250	8
An amount exceeding £250 but not exceeding £500	14
An amount exceeding £500	24

,

• (b) in paragraph (b), for the words following “conviction” there were substituted

... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.

Amount	Number of hours
An amount not exceeding £250	8
An amount exceeding £250 but not exceeding £500	14
An amount exceeding £500	24

,

• (c) in paragraph (c), for “must not be more than 12” there were substituted

... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.

Amount	Number of hours
An amount not exceeding £250	8
An amount exceeding £250 but not exceeding £500	10
An amount exceeding £500	12

.

Curfew requirement

4

• (1) In its application to a youth default order, paragraph 18 of Schedule 6 to the Sentencing Code (curfew requirement) is modified as follows.

• (2) That paragraph has effect as if after sub-paragraph (4) there were inserted—

(4A) In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column.

Amount	Number of days
An amount not exceeding £200	20
An amount exceeding £200 but not exceeding £500	30
An amount exceeding £500 but not exceeding £1,000	60
An amount exceeding £1,000 but not exceeding £2,000	90
An amount exceeding £2,000	180

.

Enforcement, revocation and amendment of youth default order

5

• (1) In its application to a youth default order, Schedule 7 to the Sentencing Code (breach, revocation or amendment of youth rehabilitation order) is modified as follows.

• (2) Any reference to the offence in respect of which the youth rehabilitation order was made is to be read as a reference to the default in respect of which the youth default order was made.

• (3) Accordingly, any power of the court to revoke a youth rehabilitation order and deal with the offender for the offence is to be taken to be a power to revoke the youth default order and deal with him in any way in which the court which made the youth default order could deal with him for his default in paying the sum in question.

• (4) Paragraph 3 has effect as if for paragraphs (a) and (b) there were substituted “ as having been made by a magistrates' court ”.

• (5) The following provisions are omitted—

• (a) in paragraph 6—

• (i) sub-paragraph (5)(a),

• (ii) the words “add or” in sub-paragraph (5)(b), and

• (iii) sub-paragraph (11);

• (b) paragraph 9;

• (c) paragraph 11;

• (d) paragraph 12(8);

• (e) paragraph 21(6);

• (f) paragraph 23(2)(b).

Power to alter amount of money or number of hours or days

6

The Secretary of State may by order amend paragraph 2, 3 or 4 by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.

Transfer of youth default order to Northern Ireland

7

• (1) In its application to a youth default order, Schedule 8 to the Sentencing Code (transfer of youth rehabilitation orders to Northern Ireland) is modified as follows.

• (2) Paragraph 15 has effect as if, after sub-paragraph (2) there were inserted—

(3) Nothing in sub-paragraph (1) affects the application of section 39(7) of the Criminal Justice and Immigration Act 2008 to a youth default order made or amended in accordance with Part 1 of this Schedule.

• (3) Paragraph 16 has effect as if after sub-paragraph (5) there were inserted—

(5A) The home court may not impose a fine on the offender.

SCHEDULE 8

Part 1 — Amendments of Criminal Appeal Act 1968

1

The Criminal Appeal Act 1968 (c. 19) has effect subject to the following amendments.

Time limit on grant of certificates of fitness for appeal

2

In section 1 (appeal against conviction), in subsection (2)(b) after “if” insert “ , within 28 days from the date of the conviction, ”.

3

In section 11 (supplementary provisions as to appeal against sentence), in subsection (1A)—