Criminal Justice and Immigration Bill

I ought to say at the outset that I understand the noble Lord’s point perfectly well, and given the line of argument that we have listened to before, I can see why noble Lords opposite might feel that this is a sensible and practical amendment. I realise that it has been aired in another place and I have read that debate. I was interested and intrigued that Mr Garnier was anxious to avoid, as he described it, over-legislating and over-bureaucratising the system. The allegation is often made that the Government are seeking to do that by legislating in the style and manner we do. Our contention is that these matters are already dealt with satisfactorily in guidance. The amendments are therefore not necessary. As many noble Lords will attest, the Youth Justice Board’s national standards set out what the responsible officer is required to do in respect of instructions to young offenders made subject to orders. Those standards state that an agreement must be produced with the offender and that it should be in writing and signed. It should specifically include acceptable and unacceptable absence criteria, setting the terms under which a breach might follow. The standards include a right to be treated fairly and with respect, something that we would all endorse. There is also a requirement to behave acceptably, which goes to the core of why such orders will be in place in any event, and the importance of time-keeping is dealt with. As will be appreciated, the last point is important because of the young offenders’ sometimes chaotic lifestyles. As for the young offender notifying his responsible officer of a change of address, a matter addressed in part in the proposal, immediacy of notification must be the priority. It will be essential for the information to be got to the responsible officer as soon as possible. It could be done by telephone but, in this day and age, it will most probably be by mobile phone or even text message. A requirement to notify a change of address in writing could present difficulties for young people with literacy or learning deficiencies, a feature which we acknowledge is present with many of those who are caught up in the criminal justice system at a younger age. I do not believe that it is either necessary or right for the Bill to specify that a responsible officer needs to keep written records of the instructions. This is, after all, basic case management. As we have already outlined, the Youth Justice Board’s national standards require instructions to be put in writing and provided to the young offender. All responsible officers must keep valid and accurate records as these may be required subsequently in court. If a young person wants to see details from their case record, they may apply under existing data protection procedures. In our view, it is not appropriate to repeat those in the Bill. The amendment is not necessary. The instructions are already clearly set out in national standards. We would fall foul of Mr Garnier’s proscription if we were to accede to this amendment.