Criminal Justice and Immigration Bill

With this it will be convenient to discuss the following: Government new clause 5— Referral orders: extension of period for which young offender contract has effect. New clause 10— Extension of a referral order— ‘(1) Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. (2) In paragraph 5(1) for ““power”” substitute ““powers””. (3) For paragraph 5(2) substitute— ““(2) Those powers are the powers to revoke the referral order (or each of the referral orders) or extend it by up to 3 months.””. (4) In paragraph 5(5) for ““so dealing with the offender”” substitute ““revoking an order for an offence specified in sub-paragraph (4).””. (5) In paragraph 5(6) after ““The appropriate court may not exercise the”” insert ““revocation””.’. New clause 18— Anti-social behaviour orders (persons under 18)— ‘(1) Section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders) is amended as follows. (2) After subsection (5) insert— ““(5A) The court may not make an anti-social behaviour order in respect of any person under the age of 18 years unless that person’s anti-social acts were committed jointly with an adult.””.’. New clause 40— Power of court to make a detention and training order— ‘In the Powers of Criminal Courts (Sentencing) Act 2000, after section 100(2)(b), insert— ““(c) in relation to an offence committed after the commencement of paragraph 3 of Schedule 1 to the Criminal Justice and Immigration Act 2008, unless he has previously received a youth rehabilitation order with intensive supervision and surveillance under that paragraph.””.’. New clause 42— Restrictions on custodial sentences for offenders aged under 18— ‘(1) This section applies where a person under the age of 18 years is convicted of an offence punishable with a custodial sentence other than one— (a) fixed by law, or (b) falling to be imposed under section 51A(2) of the Firearms Act 1968 or under sections 226 to 228 of the Criminal Justice Act 2003. (2) In the title of section 152 of the Criminal Justice Act 2003 (c. 44) (general restrictions on imposing discretionary custodial sentences), after ““general restrictions on imposing discretionary custodial sentences”” insert ““on offenders aged 18 or above””. (3) In section 152(1) of the Criminal Justice Act 2003, after ““where a person””, insert ““aged 18 or above””. (4) After section 152 of the Criminal Justice Act 2003, insert— (5) ““152A Restrictions on custodial sentences for offenders aged under 18 (1) A court shall only pass a sentence of custody on a person under the age of 18 as a measure of last resort and where— (a) the offence committed caused or could reasonably have been expected to cause serious physical or psychological harm to another or others, and (b) a custodial sentence is necessary to protect the public from the demonstrable and imminent risk of serious physical or psychological harm. (2) The court shall state in open session its reasons for passing any sentence of custody under this section.””’. Government amendments Nos. 82 and 83. Amendment No. 173, page 8, line 34 [Clause 12], after ‘below’, insert ‘if the offender is over the age of 18 years’. Government amendment No. 86. Amendment No. 129, page 17, line 10, [Clause 21] leave out from ‘occasion’ to end of line 11 and insert ‘; or (iii) has previously been referred to a youth offender panel under section 16 above and a further referral has been recommended by— (a) a member of a youth offending team,(b) an officer of a local probation team, or(c) a social worker of a local authority.’. Amendment No. 176, page 54, line 36 [Clause 81], leave out ‘offenders aged 16 and 17’ and insert ‘children or young persons aged under 18 years’. Government amendment No. 104. Amendment No. 196, page 131, line 35 [Schedule 1], leave out ‘local authority residence requirement or fostering requirement’ and insert ‘order under Part 1’. Amendment No. 197, page 131, line 36, leave out from ‘not’ to second ‘in’ in line 37 and insert ‘make an order under Part 1’. Amendment No. 198, page 131, leave out line 40 and insert— ‘(b) the offender has waived his right to legal representation, having been advised that this may have a strongly negative impact upon the outcome of his case.’. Amendment No. 199, page 131, line 41, leave out sub-paragraph (2). Amendment No. 200, page 132, line 4, leave out sub-paragraph (3). Government amendments No. 105 to 107. Amendment No. 201, page 142, leave out lines 9 to 19. Amendment No. 116, page 143, line 18 [Schedule 2], leave out paragraphs 3 and 4. Amendment No. 202, page 144, leave out lines 27 to 30 and insert ‘before the appropriate court.’. Amendment No. 203, page 144, line 40, leave out from beginning to end of line 3 on page 145 and insert— ‘(4A) Where the offender does not appear in answer to a summons issued under this paragraph, the appropriate court may issue a warrant for his arrest.’. Amendment No. 117, page 145, line 5, at end insert— ‘(za) a youth rehabilitation order is still in force, and’. Amendment No. 118, page 145, line 12, leave out from ‘ways’ to end of line 13. Amendment No. 204, page 145, leave out lines 23 to 26 and insert— ‘(ba) if the youth rehabilitation order was made by a magistrates’ court, by dealing with the offender, for the offence in respect of which the order was made, in any way in which the court could have dealt with the offender for that offence (had the offender been before the court to be dealt with for it); or (bb) if the youth rehabilitation order was made in the Crown Court, by committing the young offender in custody or releasing him on bail until he can be brought before, or appear before, the Crown Court.’. Amendment No. 115, page 145, line 26, at end insert— ‘(d) by placing the offender in custody for a period not exceeding 3 months.’. Amendment No. 205, page 145, line 26, at end insert— ‘(2A) Where the court deals with the offender under the previous subparagraph, it must send to the Crown Court— (a) a certificate signed by a justice of the peace certifying that the offender has failed to comply with the youth rehabilitation order in the respect certified, and such other particulars as may be desirable; and (b) such a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.’. Amendment No. 206, page 146, line 21, leave out from beginning to end of line 2 on page 147. Amendment No. 207, page 147, line 4, leave out paragraph 7. Amendment No. 119, page 147, line 23, at end insert— ‘(za) a youth rehabilitation order is still in force, and’. Amendment No. 120, page 147, line 30, leave out from ‘ways’ to end of line 31. Amendment No. 209, page 148, line 32, leave out from beginning to end of line 10 on page 149. Amendment No. 210, page 213, line 19 [Schedule 16], leave out ‘offenders aged 16 or 17’ and insert ‘children or young persons aged under 18 years’. Amendment No. 211, page 213, leave out line 33. Amendment No. 212, page 214, line 22, leave out ‘16’ and insert ‘under 17’. Amendment No. 213, page 218, line 10, leave out ‘16 or 17’ and insert ‘under 18 years’. Government amendments Nos. 111 and 112.