HL Deb 21 July 1977 vol 386 cc440-3

47 After Clause 35, insert the following new clause—

Supervision Orders .—(1) In section 12 of the Children and Young Persons Act 1969 (power to include requirements in supervision orders) there shall be inserted after subsection (3) the following subsections: '(3A) This subsection applies to—

  1. (a) any supervision order made under section 7(7) of this Act in respect of a child or young person found guilty as there mentioned; and
  2. (b) any supervision order made in respect of a person under section 21 (2) of this Act by a court on discharging a care order made in respect of him under the said section 7(7).
(3B) Subject to the following subsection (but without prejudice to subsection (2) or (4) of this section) a supervision order to which subsection (3A) of this section applies may require the supervised person to do as mentioned in all or any one or more of paragraphs (a) to (c) of this subsection, that is to say—
  1. (a) to be of good behaviour;
  2. (b) to comply, for as long as the order remains in force, or until the end of some shorter period specified in the order, with such requirements as may be so specified, being requirements which, having regard to the circumstances of the case, the court making the order considers appropriate for the purpose of preventing the commission of further offences by the supervised person;
  3. (c) if he is of compulsory school age, to comply, for as long as he is of that age and the order remains in force, with such arrangements for his education as may from time to time be made by his parent, being arrangements for the time being approved by the local education authority.
Expressions used in paragraph (c) of this subsection and in the Education Act 1944 have the same meaning there as in that Act. (3C) A requirement to do as mentioned in paragraph (b) of the preceding subsection shall not be included in a supervision order to which subsection (3A) of this section applies unless the supervised person, or if he is a child, his parent or guardian consents to its inclusion; and there shall not be included in such an order by virtue of the said paragraph (b)—
  1. (a) any requirement that would involve the co-operation of a person other than the supervisor and the supervised person unless that other person consents to its inclusion; or
  2. (b) any requirement requiring the specified person to reside with a specified individual or live at a specified place; or
  3. (c) any such requirement as is mentioned in subsection (4) of this section.'.
 (2) In section 15 of the Children and Young Persons Act 1969 (variation and discharge of supervision orders), after subsection (2) there shall be inserted the following subsection— '(2A) If while a supervision order to which section 12(3A) of this Act applies is in force in respect of a person who has not attained the age of eighteen it is proved to the satisfaction of a juvenile court, on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12 or section 18 (2)(b) of this Act, the court may, whether or not it also makes an order under subsection (1) of this section—
  1. (a) order him to pay a fine of an amount not exceeding £50; or
  2. (b) subject to section 16(10) of this Act, make an attendance centre order in respect of him.'
 (3) The preceding provisions of this section, and any related amendment or repeal provided for in Schedule 9 or 10 to this Act, shall not apply in relation to supervision orders made before the coming into force of those provisions.".

Lord HARRIS of GREENWICH

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 47. With the leave of the House, I will speak at the same time to Amendments Nos. 98, 149, 150, 151 and 181. The purpose of these Amendments is to provide additional or more flexible powers to courts and supervisors in regard to children and young people placed under supervision, which are intended to strengthen the order and increase its effectiveness, particularly in dealing with the more difficult and recidivist offenders. Amendment No. 47 implements Recommendation 23 of the Eleventh Report of the Expenditure Committee in another place, that when making a supervision order the court should have the power to specify conditions with which the juvenile must comply, and that for any breach of these conditions (which would be with consent) the supervisor should be able to return the juvenile to the court, which would have the power to impose a fine or an attendance centre order while continuing the supervision order. Amendment No. 47 is limited to supervision orders made following criminal proceedings.

The new clause provides sanctions by an amendment of Section 15 of the 1969 Act. The court will have power to impose a fine or, in the case of a boy, to make an attendance centre order. These sanctions would apply not only to the new requirements, but to existing requirements under Section 12 and Section 18(2)(b) of the 1969 Act, including requirements to participate in intermediate treatment.

Amendment No. 149 implements a recommendation of the Personal Social Services Council for more flexible powers of supervisors in arranging intermediate treatment for children and young people placed under their supervision. It is hoped that the greater discretion provided will add to the effectiveness of the order, particularly in controlling and helping the more difficult offenders. My Lords, I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Harris of Greenwich.)

On Question, Motion agreed to.