Criminal Justice and Immigration Act 2008 (c. 4)

SCHEDULES

Valid from 30/11/2009

SCHEDULE 4 E+W Youth rehabilitation orders: consequential and related amendments

Part 1 E+W Consequential amendments

Criminal Justice Act 2003 (c. 44) E+W

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

72 (1) Section 147 (meaning of “community sentence” etc.) is amended as follows. E+W

(2) In subsection (1)—

(a) omit paragraph (b), and

(b) after that paragraph insert—

“(c) a youth rehabilitation order.”

(3) Omit subsection (2).

73 (1) Section 148 (restrictions on imposing community sentences) is amended as follows. E+W

(2) In subsection (2)—

(a) omit “which consists of or includes a community order”, and

(b) in paragraph (a), after “community order” insert “ , or, as the case may be, youth rehabilitation order, comprised in the sentence ”.

(3) After that subsection insert—

“(2A) Subsection (2) is subject to paragraph 3(4) of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance).”

(4) Omit subsection (3).

74 E+W In section 149(1) (passing of community sentence on offender remanded in custody) for “youth community order” substitute “ youth rehabilitation order ”.

75 E+W In section 150 (community sentence not available where sentence fixed by law etc.) for “youth community order” substitute “ youth rehabilitation order ”.

76 (1) Section 151 (community order for persistent offender previously fined) is amended as follows. E+W

(2) In the title, after “community order” insert “ or youth rehabilitation order ”.

(3) In subsections (1)(a) and [F1 (1A)(b) ], for “16” substitute “ 18 ”.

(4) After subsection (2) insert—

“(2A) Subsection (2B) applies where—

(a) a person aged 16 or 17 is convicted of an offence (“the current offence”);

(b) on three or more previous occasions the offender has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine; and

(c) despite the effect of section 143(2), the court would not (apart from this section) regard the current offence, or the combination of the current offence and one or more offences associated with it, as being serious enough to warrant a youth rehabilitation order.

(2B) The court may make a youth rehabilitation order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (3), it would be in the interests of justice to make such an order.”

(5) In subsection (3)—

(a) after “(2)” insert “ and (2B) ”; and

(b) in paragraph (a) for “or [F2 (1A)(c) ]” substitute “ [F2 (1A)(c) ] or (2A)(b) ”.

(6) In subsections (4), (5) and (6), for “and [F3 (1A)(c) ]” substitute “ [F3 (1A)(c) ] and (2A)(b) ”.

(7) In section 166 (savings for powers to mitigate etc.), in subsection (1)(a) after “151(2)” insert “ or (2B) ”.

Textual Amendments

F1 Word in Sch. 4 para. 76(3) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(3)(a) (with s. 180)

F2 Word in Sch. 4 para. 76(5)(b) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(3)(b) (with s. 180)

F3 Word in Sch. 4 para. 76(6) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(3)(b) (with s. 180)

77 (1) Section 156 (pre-sentence reports and other requirements) is amended as follows. E+W

(2) In subsection (1)—

(a) for “, (2)(b) or (3)(b)” substitute “ or (2)(b), ”, and

(b) after “153(2),” insert “ or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders with intensive supervision and surveillance or fostering), ”.

(3) In subsection (2) omit “or (3)(a)”.

(4) In subsection (3)(b)—

(a) for “, (2)(b) or (3)(b)” substitute “ or (2)(b), or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008, ”, and

(b) after “community order” insert “ or youth rehabilitation order ”.

78 E+W In section 161 (pre-sentence drug testing)—

(a) in subsection (1), omit “aged 14 or over”, and

(b) omit subsection (7).

79 (1) Section 166 (savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders) is amended as follows. E+W

(2) In subsection (1), after paragraph (d) add—

“(e) paragraph 3 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance), or

(f) paragraph 4 of Schedule 1 to that Act (youth rehabilitation order with fostering),”.

(3) In subsections (3) and (5), for “(d)” substitute “ (f) ”.

80 (1) Section 174 (duty to give reasons for, and explain effect of, sentence) is amended as follows. E+W

(2) In subsection (2)—

(a) in paragraph (b), after “that section” insert “ or any other statutory provision ”,

(b) in paragraph (c), after “community sentence” insert “ , other than one consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering, ”, and

(c) after paragraph (c) insert—

“(ca) where the sentence consists of or includes a youth rehabilitation order with intensive supervision and surveillance and the case does not fall within paragraph 5(2) of Schedule 1 to the Criminal Justice and Immigration Act 2008, state that it is of the opinion that section 1(4)(a) to (c) of that Act and section 148(1) of this Act apply and why it is of that opinion,

(cb) where the sentence consists of or includes a youth rehabilitation order with fostering, state that it is of the opinion that section 1(4)(a) to (c) of the Criminal Justice and Immigration Act 2008 and section 148(1) of this Act apply and why it is of that opinion,”.

(3) After subsection (4) insert—

“(4A) Subsection (4B) applies where—

(a) a court passes a custodial sentence in respect of an offence on an offender who is aged under 18, and

(b) the circumstances are such that the court must, in complying with subsection (1)(a), make the statement referred to in subsection (2)(b).

(4B) That statement must include—

(a) a statement by the court that it is of the opinion that a sentence consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering cannot be justified for the offence, and

(b) a statement by the court why it is of that opinion.”

81 E+W In section 176 (interpretation of Chapter 1)—

(a) omit the definition of “youth community order”, and

(b) at the end add—

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

“youth rehabilitation order with fostering” has the meaning given by paragraph 4 of Schedule 1 to that Act;

“youth rehabilitation order with intensive supervision and surveillance” has the meaning given by paragraph 3 of Schedule 1 to that Act.”

82 E+W In section 177(1) (community orders) for “16” substitute “ 18 ”.

83 E+W In section 197(1)(b) (meaning of “the responsible officer”), omit “the offender is aged 18 or over and”.

84 E+W In section 199 (unpaid work requirement)—

(a) in subsection (3), for “appropriate officer” substitute “ officer of a local probation board or an officer of a provider of probation services ”, and

(b) omit subsection (4).

85 E+W In section 201 (activity requirement), in subsection (3)(a), for sub-paragraphs (i) and (ii) (but not the “and” immediately following sub-paragraph (ii)) substitute “ an officer of a local probation board or an officer of a provider of probation services ”.

86 E+W In section 202 (programme requirement), in subsection (4)(a), for sub-paragraphs (i) and (ii) (but not the “and” immediately following sub-paragraph (ii)) substitute “ by an officer of a local probation board or an officer of a provider of probation services ”.

87 E+W In section 203(2), for paragraphs (a) and (b) substitute “ an officer of a local probation board or an officer of a provider of probation services ”.

88 E+W In section 209(2)(c) (drug rehabilitation requirement), for sub-paragraphs (i) and (ii) substitute “ by an officer of a local probation board or an officer of a provider of probation services, and ”.

89 E+W In section 211 (periodic review of drug rehabilitation requirement), omit subsection (5).

90 E+W In section 214 (attendance centre requirement), after subsection (6) add—

“(7) A requirement to attend at an attendance centre for any period on any occasion operates as a requirement, during that period, to engage in occupation, or receive instruction, under the supervision of and in accordance with instructions given by, or under the authority of, the officer in charge of the centre, whether at the centre or elsewhere.”

91 E+W In section 217(1)(b) (requirement to avoid conflict with religious beliefs etc.), for “school or any other” substitute “ any ”.

92 E+W 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 E+W In section 222(1)(e) (rules), after “attendance centre requirements” insert “ , or to attendance centre requirements imposed by youth rehabilitation orders under Part 1 of the Criminal Justice and Immigration Act 2008, ”.

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

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

96 E+W In Schedule 8 (breach, revocation or amendment of community order), omit paragraphs 12, 15 and 17(5) (powers of magistrates' court in case of offender reaching 18).

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