Offender Management Bill

moved Amendment No. 115: 115: Clause 30, page 20, line 39, leave out from ““for”” to ““, and”” and insert ““““secure accommodation”” there is substituted ““youth detention accommodation of an appropriate secure nature given the individual’s circumstances”””” The noble Baroness said: In moving this amendment I shall also speak to AmendmentsNos. 117, 119, 122 and 123. I tabled the amendments in response to a briefing I received from the Judicial Policy and Practice Committee of the Magistrates’ Association, which I thank for its information. Detention and training orders are in two parts, the first in custody and the second under supervision in the community. At present the young person or trainee must be placed, during the custodial part, in one of the types of secure accommodation listed in Section 107 of the Powers of Criminal Courts (Sentencing) Act 2000. Clause 30 seeks to amend that Act by substituting ““youth detention”” accommodation for ““secure”” accommodation. That is to give the Home Secretary powers to provide accommodation that is both open and run by or on behalf of a local authority, with the possibility of placing a young person in an open children’s home as well as in a secure children’s home. The Magistrates’ Association considers that those powers may be too wide for two reasons. First, the making of a detention and training order placing the young person in custody is only carried out as the last resort, and the proposal to make that accommodation open in any way goes against this principle. Secondly, says the association, this power will allow the young person ordered into custody to be placed in a children’s home—private or local authority—where other young people, possibly without a criminal record, are already being housed. The association says that while it is responsive to the requirements to provide a type of accommodation that fulfils the needs of extremely vulnerable children, it considers that the wording of the Bill could lead to the criminalisation of other young people. Accordingly, it recommends that the clause be amended so that young people are placed in youth detention accommodation of an appropriate secure nature, given the individual’s circumstance. It is on that basis that I sought the assistance of the Public Bill Office on how best to table an amendment to reflect the concerns put forward by the Magistrates’ Association, and I invite the Minister to address those concerns. I beg to move.