Office of Public Sector Information
PART 2 continued
(1) Section 17 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (the referral conditions) is amended as follows.
(2) In subsection (1)—
(a) after “section 16(2) above” insert “and subsection (2) below”,
(b) insert “and” at the end of paragraph (a), and
(c) omit paragraph (c).
(3) For subsections (1A) and (2) substitute—
“(2) For the purposes of section 16(3) above, the discretionary referral conditions are satisfied in relation to an offence if—
(a) the compulsory referral conditions are not satisfied in relation to the offence;
(b) the offender pleaded guilty—
(i) to the offence; or
(ii) if the offender is being dealt with by the court for the offence and any connected offence, to at least one of those offences; and
(c) subsection (2A), (2B) or (2C) below is satisfied in relation to the offender.
(2A) This subsection is satisfied in relation to the offender if the offender has never been convicted by or before a court in the United Kingdom (“a UK court”) of any offence other than the offence and any connected offence.
(2B) This subsection is satisfied in relation to the offender if the offender has been dealt with by a UK court for any offence other than the offence and any connected offence on only one previous occasion, but was not referred to a youth offender panel under section 16 above on that occasion.
(2C) This subsection is satisfied in relation to the offender if—
(a) the offender has been dealt with by a UK court for any offence other than the offence and any connected offence on one or more previous occasions, but has been referred to a youth offender panel under section 16 above on only one previous occasion;
(b) an appropriate officer recommends to the court as suitable for the offender a referral to a youth offender panel under that section in respect of the offence; and
(c) the court considers that there are exceptional circumstances which justify ordering the offender to be so referred.
(2D) In subsection (2C)(b) above “appropriate officer” means—
(a) a member of a youth offending team;
(b) an officer of a local probation board; or
(c) an officer of a provider of probation services.”
(4) Omit subsection (5).
(1) Part 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (mandatory and discretionary referral of young offenders) is amended as follows.
(2) After section 27 insert—
(1) This section applies where, having regard to circumstances which have arisen since a youth offender contract took effect under section 23 above, it appears to the youth offender panel to be in the interests of justice for the referral order (or each of the referral orders) to be revoked.
(2) The panel may refer the offender back to the appropriate court requesting it—
(a) to exercise only the power conferred by sub-paragraph (2) of paragraph 5 of Schedule 1 to this Act to revoke the order (or each of the orders); or
(b) to exercise both—
(i) the power conferred by that sub-paragraph to revoke the order (or each of the orders); and
(ii) the power conferred by sub-paragraph (4) of that paragraph to deal with the offender for the offence in respect of which the revoked order was made.
(3) The circumstances in which the panel may make a referral under subsection (2) above include the offender’s making good progress under the contract.
(4) Where—
(a) the panel makes a referral under subsection (2) above in relation to any offender and any youth offender contract, and
(b) the appropriate court decides not to exercise the power conferred by paragraph 5(2) of Schedule 1 to this Act in consequence of that referral,
the panel may not make a further referral under that subsection in relation to that offender and contract during the relevant period except with the consent of the appropriate court.
(5) In subsection (4) above “the relevant period” means the period of 3 months beginning with the date on which the appropriate court made the decision mentioned in paragraph (b) of that subsection.”
(3) In paragraph 1(1) of Schedule 1 (youth offender panels: further court proceedings), for “or 27(4)” substitute “, 27(4) or 27A(2)”.
(1) Part 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (mandatory and discretionary referral of young offenders) is amended as follows.
(2) After section 27A (as inserted by section 36 above) insert—
(1) This section applies where at any time—
(a) a youth offender contract has taken effect under section 23 above for a period which is less than twelve months;
(b) that period has not ended; and
(c) having regard to circumstances which have arisen since the contract took effect, it appears to the youth offender panel to be in the interests of justice for the length of that period to be extended.
(2) The panel may refer the offender back to the appropriate court requesting it to extend the length of that period.
(3) The requested period of extension must not exceed three months.”
(3) In Schedule 1 (youth offender panels: further court proceedings), after Part 1 insert—
9ZB (1) This Part of this Schedule applies where a youth offender panel refers an offender back to the appropriate court under section 27B of this Act with a view to the court extending the period for which the offender’s youth offender contract has effect.
(2) For the purposes of this Part of this Schedule and that section the appropriate court is—
(a) in the case of an offender aged under 18 at the time when (in pursuance of the referral back) the offender first appears before the court, a youth court acting in the local justice area in which it appears to the youth offender panel that the offender resides or will reside; and
(b) otherwise, a magistrates' court (other than a youth court) acting in that area.
Mode of referral back to court9ZC The panel shall make the referral by sending a report to the appropriate court explaining why the offender is being referred back to it.
Power of court9ZD (1) If it appears to the appropriate court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the contract took effect, the court may make an order extending the length of the period for which the contract has effect.
(2) An order under sub-paragraph (1) above—
(a) must not extend that period by more than three months; and
(b) must not so extend that period as to cause it to exceed twelve months.
(3) In deciding whether to make an order under sub-paragraph (1) above, the court shall have regard to the extent of the offender’s compliance with the terms of the contract.
(4) The court may not make an order under sub-paragraph (1) above unless—
(a) the offender is present before it; and
(b) the contract has effect at the time of the order.
Supplementary9ZE The following paragraphs of Part 1 of this Schedule apply for the purposes of this Part of this Schedule as they apply for the purposes of that Part—
(a) paragraph 3 (bringing the offender before the court);
(b) paragraph 4 (detention and remand of arrested offender); and
(c) paragraph 9ZA (power to adjourn hearing and remand offender).”
(1) Part 2 of Schedule 8 to the Criminal Justice Act 2003 (c. 44) (breach of community order) is amended as follows.
(2) In paragraph 9 (powers of magistrates' court) after sub-paragraph (3) insert—
“(3A) Where—
(a) the court is dealing with the offender under sub-paragraph (1)(a), and
(b) the community order does not contain an unpaid work requirement,
section 199(2)(a) applies in relation to the inclusion of such a requirement as if for “40” there were substituted “20”.”
(3) In paragraph 10 (powers of Crown Court) after sub-paragraph (3) insert—
“(3A) Where—
(a) the court is dealing with the offender under sub-paragraph (1)(a), and
(b) the community order does not contain an unpaid work requirement,
section 199(2)(a) applies in relation to the inclusion of such a requirement as if for “40” there were substituted “20”.”
(1) Subsection (2) applies in any case where, in respect of a person aged under 18, a magistrates' court would, but for section 89 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (restrictions on custodial sentences), have power to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)).
(2) The magistrates' court may, instead of proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—
(a) in the case of a person aged 16 or 17, an unpaid work requirement (see paragraph 10 of Schedule 1),
(b) an attendance centre requirement (see paragraph 12 of that Schedule), or
(c) a curfew requirement (see paragraph 14 of that Schedule).
(3) In this section (and Schedule 7) “youth default order” means an order under subsection (2).
(4) Section 1(2) and paragraph 2 of Schedule 1 (power or requirement to impose electronic monitoring requirement) have effect in relation to a youth default order as they have effect in relation to a youth rehabilitation order.
(5) Where a magistrates' court has power to make a youth default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.
(6) The following provisions have effect in relation to youth default orders as they have effect in relation to youth rehabilitation orders, but subject to the modifications contained in Schedule 7—
(a) sections 4, 5 and 7,
(b) paragraphs 1, 10, 12, 14, 26, 27, 29, 33 and 34 of Schedule 1 (youth rehabilitation orders: further provisions),
(c) Schedule 2 (breach, revocation or amendment of youth rehabilitation orders), and
(d) Schedule 3 (transfer of youth rehabilitation orders to Northern Ireland).
(7) Where a youth default order has been made for default in paying any sum—
(a) on payment of the whole sum to any person authorised to receive it, the order ceases to have effect, and
(b) on payment of a part of the sum to any such person, the total number of hours or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.
(8) In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.
(1) Section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid work requirement or curfew requirement on fine defaulter) is amended as follows.
(2) In the heading for “or curfew requirement” substitute “curfew requirement or attendance centre requirement”.
(3) In subsection (2), at the end of paragraph (b) insert “, or
(c) in a case where the person is aged under 25, an attendance centre requirement (as defined by section 214)”.
(1) Part 3 of Schedule 5 to the Courts Act 2003 (c. 39) (attachment of earnings orders and applications for benefit deductions) is amended as follows.
(2) After paragraph 9 insert—
9A (1) The designated officer for a magistrates' court may make an information request to the Secretary of State for the purpose of facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.
(2) An information request is a request for the disclosure of some or all of the following information—
(a) P’s full name;
(b) P’s address (or any of P’s addresses);
(c) P’s date of birth;
(d) P’s national insurance number;
(e) P’s benefit status.
(3) On receiving an information request, the Secretary of State may disclose the information requested to—
(a) the officer who made the request, or
(b) a justices' clerk specified in the request.
9B (1) A person to whom information is disclosed under paragraph 9A(3), or this sub-paragraph, may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating the making of a decision by the court as to whether it is practicable or appropriate to make an application for benefit deductions in respect of P.
(2) A person to whom such information is disclosed commits an offence if the person—
(a) discloses or uses the information, and
(b) the disclosure is not authorised by sub-paragraph (1) or (as the case may be) the use is not for the purpose of facilitating the making of such a decision as is mentioned in that sub-paragraph.
(3) But it is not an offence under sub-paragraph (2)—
(a) to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
(b) to disclose any information which has previously been lawfully disclosed to the public.
(4) It is a defence for a person charged with an offence under sub-paragraph (2) to prove that the person reasonably believed that the disclosure or use was lawful.
(5) A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
9C (1) This paragraph applies for the purposes of paragraphs 9A and 9B.
(2) “Benefit status”, in relation to P, means whether or not P is in receipt of any prescribed benefit or benefits and, if so (in the case of each benefit)—
(a) which benefit it is,
(b) where it is already subject to deductions under any enactment, the nature of the deductions concerned, and
(c) the amount received by P by way of the benefit, after allowing for any such deductions.
(3) “Information” means information held in any form.
(4) “Prescribed” means prescribed by regulations made by the Lord Chancellor.
(5) Nothing in paragraph 9A or 9B authorises the making of a disclosure which contravenes the Data Protection Act 1998.”
Criminal Justice and Immigration Act 2008