HL Deb 04 October 2000 vol 616 cc1664-72

. The Local Government Finance Act 1988 is amended as follows.

. In section 74(1)(c)(levies), for "magistrates' courts committee or probation committee" there is substituted "or magistrates' courts committee".

. In section 117(5)(c) (rates and precepts: abolition), for "magistrates' courts committee or probation committee" there is substituted "or magistrates' courts committee".").

Page 68, leave out lines 40 to 43.

Page 69, line 29, at end insert—

(". In section 58(4) (financial provisions applicable on cessation of controlled or assisted community home or disposal etc of premises)—

  1. (a) in paragraph (a), "or" is omitted,
  2. (b) in paragraph (b), after "hostels or homes" there is inserted—
; or (c) of sums paid under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 in relation to expenditure on approved premises (within the meaning of Part I of that Act)."").

Page 69, line 29, at end insert—

(". In section 68(2)(d), (persons disqualified from being private foster parents), for "has been placed on probation or" there is substituted "a probation order has been made in respect of him or he has been".").

Page 69, line 34, at end insert—

(". In Schedule 10 (amendments of adoption legislation), paragraph 29 is omitted.").

Page 70, line 4, at end insert—

(". In section 34A(2)(c) (power to release short term prisoners on licence), for "4(1)(d) or 5(1)(d)" there is substituted "4(1C)(d) or 5(1C)(d)".").

Page 70, leave out lines 6 to 12 and insert ("subsection (7) is omitted").

Page 70, line 29, at end insert—

(". In Schedule 3 (reciprocal enforcement of certain orders), in paragraph 10—

  1. (a) in sub-paragraphs (2)(b) and (3)(c) for "probation committee" there is substituted "local board",
  2. (b) in sub-paragraph (3)(a), for "a probation officer assigned" there is substituted "an officer of a local board assigned",
  3. (c) in sub-paragraph (3)(d), for "probation centre" there is substituted "community rehabilitation centre".").

Page 70, line 29, at end insert—

(". In Schedule 3 (reciprocal enforcement of certain orders), in paragraph 11(4), for "4(1)(d), 5(1)(d)" there is substituted "4(1C)(d), 5(1C)(d)".").

Page 70, line 31, leave out ("paragraph 2 is") and insert ("paragraphs 2 and 6(3) are").

Page 70, leave out lines 39 to 42.

Page 70, line 46, at end insert—

("Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

. In section 15(5) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (variation of supervised release order), for "probation officer" there is substituted "officer of a local board".").

Page 71, leave out lines 5 to 27.

Page 71, line 27, at end insert—

("Criminal Procedure (Scotland) Act 1995 (c. 46)

. The Criminal Procedure (Scotland) Act 1995 is amended as follows.

. In section 209(7) (supervised release orders), for "probation officer" there is substituted "officer of a local board".

. In section 228(2)(b) (probation orders), for "probation committee" there is substituted "local board".

. In section 234 (probation orders: persons residing in England and Wales)—

  1. (a) in subsection (2), for "probation order made" there is substituted "community rehabilitation order made",
  2. (b) in subsection (3)(c), for "probation committee" there is substituted "local board",
  3. (c) in subsection (4)(a), after "probation orders" there is inserted "or, as the case may be, community rehabilitation orders",
  4. (d) in subsection (5)(a), for "probation order" there is substituted "community rehabilitation order",
  5. (e) in subsection (5)(b), for "combination order" there is substituted "community punishment and rehabilitation order",
  6. (f) in subsection (10), for "probation orders" there is substituted "community rehabilitation orders".

. In section 242 (community service orders: persons residing in England and Wales)—

  1. (a) in subsection (1)(a)(ii), for "community service order" there is substituted "community punishment order",
  2. (b) in subsections (1)(a)(iii), (2)(b) and (3)(b), for "community service orders" there is substituted "community punishment orders",
  3. (c) in subsection (3)(b)—
    1. (i) for "probation committee" there is substituted "local board",
    2. (ii) for "a probation officer" there is substituted "an officer of the board".

. In section 244 (community service orders: general provisions relating to persons living in England and Wales or Northern Ireland)—

(a) for subsection (3) there is substituted— (3) Subject to the following provisions of this section—

  1. (a) a community service order made or amended in the circumstances specified in section 242 shall be treated as if it were a community punishment order made in England and Wales and the legislation relating to community punishment orders which has effect in England and Wales shall apply accordingly; and
  2. (b) a community service order made or amended in the circumstances specified in section 243 shall be treated as if it were a community service order made in Northern Ireland and the legislation relating to community service orders which has effect in Northern Ireland shall apply accordingly."
  3. (b) in subsections (4)(a) and (6), after "community service orders" there is inserted "or, as the case may be, community punishment orders",
  4. (c) in subsection (5), after "a community service order" there is inserted "or, as the case may be, a community punishment order".

. In section 307(1) (interpretation), at the appropriate place there is inserted—

""local board" means a local board established under section 4 of the Criminal Justice and Court Services Act 2000";").

Page 71, leave out lines 28 to 30.

Page 72, line 49, at end insert—

("Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

. The Criminal Justice (Northern Ireland) Order 1996 is amended as follows.

. In Article 10(1A) (probation orders) as it has effect pursuant to paragraph 10(1) of Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders), for "probation committee" there is substituted "local board".

. In Article 13(4)(b) (community service orders in respect of convicted persons) as it has effect pursuant to paragraph 7(1) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements), for "such orders" there is substituted "community punishment orders".").

Page 73, line 13, leave out from ("order") to ("section") and insert ("has been made under subsection (2) of").

Page 73, line 15, after ("2000") insert ("or a direction under subsection (5) of that section has been given or will be required to be given at the appropriate stage").

Page 73, line 18, at end insert ("or, in the case of a life prisoner in respect of whom a direction under subsection (5) of that section has not been given but will be required to be given at the appropriate stage, the whole of his sentence,

and in this section "appropriate stage", in relation to such a direction, has the same meaning as in subsection (5A) of that section.").

Page 73, line 23, after ("been") insert ("made or").

Page 73, line 24, after ("sentences") insert ("or such a direction will be required to be given at the appropriate stage").

Page 73, line 39, leave out ("35(1)(b)") and insert ("35").

Page 73, line 39, after ("general)") insert— ("(a) in subsection (1)(b),").

Page 73, line 40, at end insert— ("(b) in subsections (5)(c) and (8)(a), for "4(1)(d)" there is substituted "4(1C)(d)".").

Page 73, line 46, at end insert— (". In Schedule 1 (transfer of prisoners within the British Islands)—

  1. (a) in paragraph 8(5), in the table, for "Probation Officer" there is substituted "Officer of a local board",
  2. (b) in paragraph 11(6), in the table, for "Probation Officer appointed for or assigned to such petty sessions area" there is substituted "Officer of a local board appointed for or assigned to such petty sessions area".").

Page 74, line 34, at end insert—

(". In Schedule 8 (minor and consequential amendments), paragraph 110 is omitted.").

Page 75, line 27, at end insert—

(". Section 6 (appeals against prohibition or restriction of employment) is omitted.").

Page 75, line 38, at end insert—

(" . In section 12 (interpretation)—

  1. (a) in the definition of "child care position", for paragraphs (a) to (c) there is substituted—
    1. "(a) is a regulated position for the purposes of Part II of the Criminal Justice and Court Services Act 2000; but
    2. (b) is not a position within subsection (3) below;"
  2. (b) in subsection (3)(b), for the words from "an independent" to the end there is substituted "a school which is a children's home for the purposes of the Care Standards Act 2000".").

Page 76, line 7, at end insert—

(". Section 38 (electronic monitoring of curfew orders) is omitted.").

Page 76, line 7, at end insert—

(". In section 40 (curfew orders: supplementary), in subsection (1)(a), the words from "(including" to "available)" are omitted.").

Page 76, line 7, at end insert—

(". In section 40 (curfew orders: supplementary), after subsection (2) there is inserted—

"(3) An order under subsection (2)(a) above may make in paragraphs 2A(4) and (5) and 19(3) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order."").

Page 76, line 27, at end insert—

(". In section 45(2) (community rehabilitation orders: supplementary), for "paragraph 19(2)(a)" there is substituted "paragraphs 2A(4) and (5) and 19(2)(a)".).

Page 76, line 35, at end insert—

(". In section 57 (copies of orders)—

  1. (a) in subsection (2). after "order shall" there is inserted "(subject to subsection (3A) below)",
  2. (b) after subsection (3) there is inserted—

"(3A) Where—

  1. (a) a magistrates' court amends a drug treatment and testing order under section 55(1) above; and
  2. (b) the order as amended provides for a magistrates' court other than that mentioned in paragraph (a) to be responsible for the order;
the court amending the order shall not give copies of the order as amended as mentioned in subsection (2) above but shall forthwith send copies of it to the court responsible for the order and that court shall, as soon as reasonably practicable after the order is amended, give copies to an officer of a local board assigned to that court."").

Page 76, line 35, at end insert—

(". In section 58 (drug treatment and testing orders: supplementary), at the end there is inserted—

"(2) Where an order under paragraph 1(1A) of Schedule 3 provides for the warning provisions to apply to drug treatment and testing orders, an order under this section may make in paragraph 2A(4) and (5) of that Schedule any amendment which the Secretary of State thinks necessary in consequence of any substitution made by that order."").

Page 76, line 43, leave out ("76") and insert ("76(1)").

Page 77, line 43, leave out ("137(2)(a)") and insert ("137").

Page 77, line 44, leave out from ("compensation)") to end of line 46 and insert ("subsection (2)(a) is omitted").

Page 78, line 20, leave out (""40(2), 40C(2), 58B(4),") and insert (""40(2)(b), 40C(2)(b),").

Page 78, line 21, leave out ("7(9) or 8(8)") and insert ("7(9)(b) or 8(8)(b)"").

Page 78, line 22, at end insert— ("( ) after "15(1)" there is inserted "40(2)(a), 40C(2)(a)",").

Page 78, line 24, after second ("or") insert ("paragraph 7(9)(a) or 8(8)(a) of Schedule 2 or").

Page 78, line 33, at end insert— ("( ) in the definition of "attendance centre order", for "4(1)(c) or 5(1)(c)" there is substituted "4(1C)(c) or 5(1C)(c)",").

Page 78, line 35, at end insert— ("( ) in the definition of "curfew order", after "59 above" there is inserted "or paragraph 6A of Schedule 3 to this Act" and after "section 59" (in the second place) there is inserted "or paragraph 4(1C)(a) of Schedule 3",").

Page 78, line 35, at end insert— ("( ) in the definition of "community punishment order", for "4(1)(b) or 5(1)(b)" there is substituted "4(1C)(b) or 5(1C)(b)",").

Page 79, line 12, leave out ("40A(13)") and insert ("40A(14)").

Page 80, line 7, after ("after") insert (""testing").

Page 80, leave out lines 11 to 23 and insert—

("( ) In paragraph 4—

  1. (a) in sub-paragraph (2), for "(1)(d)" there is substituted "(1C)(d)",
  2. (b) in sub-paragraph (3), for "sub-paragraph (1)(d)" there is substituted "sub-paragraph (1A) or (1C)(d)",
  3. (c) in sub-paragraph (4), for "(1)(a)" there is substituted "(1C)(a)",
  4. (d) in sub-paragraph (6), for "sub-paragraph (1)(d)" there is substituted "sub-paragraph (1A) or (1C)(d)".

( ) In paragraph 5—

  1. (a) in sub-paragraph (2), for "(1)(d)" there is substituted "(1C)(d)",
  2. (b) in sub-paragraph (3), for "sub-paragraph (1)(d)" there is substituted "sub-paragraph (1A) or (1C)(d)".

( ) After paragraph 6 there is inserted—

"Curfew orders imposed for breach of relevant order

6A. — (1) Section 37(1) of this Act (curfew orders) shall apply for the purposes of paragraphs 4(1C)(a) and 5(1C)(a) above as if for the words from the beginning to "make" there were substituted "Where a court has power to deal with an offender under Part II of Schedule 3 to this Act for failure to comply with any of the requirements of a relevant order, the court may make in respect of the offender".

(2) In this paragraph—

(3) A secondary order—

  1. (a) shall specify a period of not less than 14 nor more than 28 days for which the order is to be in force; and
  2. (b) may specify different places, or different periods (within the period for which the order is in force), for different days, but shall not specify periods which amount to less than two hours or more than twelve hours in any one day.

(4) Part IV of this Act, except sections 35, 36, 37(3) and (4), 39 and 40(2)(a), has effect in relation to a secondary order as it has effect in relation to any other curfew order, but subject to the further modifications made below.

(5) Section 37(9) applies as if the reference to an offender who on conviction is under 16 were a reference to a person who on the date when his failure to comply with the original order is proved to the court is under 16.

(6) Paragraphs 2A, 4(1A) to (2) and 5(1A) to (2) above and 10 and 11 below apply as if, in respect of the period for which the secondary order is in force, the requirements of that order were requirements of the original order.

But in paragraphs 4 and 5 above, sub-paragraph (1C)(c) applies as if references to the relevant order were to the original order or the secondary order.

(7) In paragraphs 4 and 5 above, sub-paragraph (3) applies as if references to the relevant order were to the original order and the secondary order.

(8) Paragraph 19(3) below applies as if the reference to six months from the date of the original order were a reference to 28 days from the date of the secondary order."

( ) In paragraph 7—

  1. (a) in sub-paragraph (1), for "4(1)(b) and 5(1)(b)" there is substituted "4(1C)(b) and 5(1C)(b)",
  2. (b) in sub-paragraph (2), for "4(1)(b) or 5(1)(b) above" there is substituted "4(1C)(b) or 5(1C)(b) and "original order" means the relevant order the failure to comply with which led to the making of the secondary order",
  3. (c) for sub-paragraphs (4) to (6) there is substituted—

"(4) Part IV of this Act, except sections 35, 36, 46(3) and (8) and 48 to 50, has effect in relation to a secondary order as it has effect in relation to any other community punishment order, but subject to the further modifications made below.

(5) Paragraphs 2A, 4(1A) to (3) and 5(1A) to (3) above and 10 and 11 below apply as if, in respect of the period for which the secondary order is in force, the requirements of that order were requirements of the original order.

But in paragraphs 4 and 5 above, sub-paragraph (1C)(c) applies as if references to the relevant order were to the original order or the secondary order.

(6) In paragraphs 4 and 5 above, sub-paragraph (3) applies as if references to the relevant order were to the original order and the secondary order.

(7) Paragraph 19(3) below applies as if the reference to six months from the date of the original order were a reference to 28 days from the date of the secondary order.",.

and for the cross-heading preceding the paragraph there is substituted "Community punishment orders imposed for breach of relevant order".

( ) In paragraph 8—

  1. (a) in sub-paragraph (1)—
    1. (i) for "4(1)(c) and 5(1)(c)" there is substituted "4(1C)(c) and 5(1C)(c)",
    2. (ii) for the words following "Where a court" there is substituted "has power to deal with an offender under Part II of Schedule 3 to this Act for failure to comply with any of the requirements of a relevant order, the court may",
  2. (b) in sub-paragraph (2)—
    1. (i) in paragraph (b), after "applicable" there is inserted "section 36B and",
    2. (ii) for "4(1)(c) or 5(1)(c)" there is substituted "4(1C)(c) or 5(1C)(c)",
  3. (c) in sub-paragraph (3), for "4(1)(c) or 5(1)(c)" there is substituted "4(1C)(c) or 5(1C)(c)".

( ) In paragraph 9—

  1. (a) in sub-paragraph (1), for "4(1)(a), (b) or (c) or 5(1)(a), (b) or (c)" there is substituted "4(1C)(a), (b) or (c) or 5(1C)(a), (b) or (c)",
  2. (b) sub-paragraph (2) is omitted,
  3. (c) in sub-paragraph (3), for "4(1)(d)" there is substituted "4(1C)(d)".").

Page 80, line 24, leave out ("8(1),").

Page 80, line 38, at end insert—

("( ) In paragraphs 16 and 21(7), for "4(1)(d)" there is substituted "4(1C)(d)".").

Page 81, line 6, leave out from ("months") to ("from") in line 7.

Page 81, line 11, leave out from beginning to ("from") in line 12.

Page 81, line 12, at end insert— ("( ) in sub-paragraph (3), after "six months" there is inserted "(or, for an offender aged under 16 on conviction, three months)",").

Page 81, line 17, after ("year") insert ("(or, for an offender aged under 16 on conviction, three months)").

Page 81, line 48, leave out ("25(1)(a)") and insert ("25— (a) in sub-paragraph (1)(a),").

Page 81, line 49, at end insert— ("(b) sub-paragraph (2) is omitted, (c) in sub-paragraph (3), "or (2)" is omitted.

( ) After paragraph 25 there is inserted—

"26.—(1) On the making under this Part of this Schedule of an order amending a drug treatment and testing order, the proper officer of the court shall (subject to sub-paragraph (3) below) forthwith give copies of the amending order to the responsible officer.

(2) In sub-paragraph (1) above, "proper officer" means—

  1. (a) in relation to a magistrates' court, the justices' chief executive for the court; and
  2. (b) in relation to the Crown Court, the appropriate officer.

(3) Where—

  1. (a) a magistrates' court amends a drug treatment and testing order under this Part of this Schedule; and
  2. (b) the amending order provides for a magistrates' court other than that mentioned in paragraph (a) to be responsible for the order;
the court amending the order shall not give copies of the amending order as mentioned in sub-paragraph (1) above but shall send copies to the court responsible for the order and the justices' chief executive for that court shall forthwith give copies of the amending order to the responsible officer.

(4) A responsible officer to whom in accordance with sub-paragraph (1) or (3) above copies of an order are given shall give a copy to the offender and to the treatment provider."").

Page 81, line 51, at end insert—

(".— (1) Schedule 4 (transfer of certain community orders to Scotland or Northern Ireland) is amended as follows.

(2) In paragraphs 1(3) and 2(3)—

  1. (a) in paragraph (c), for "probation committee" there is substituted "local board",
  2. (b) in paragraph (d), for "probation centre" there is substituted "community rehabilitation centre".

(3) In paragraph 6—

(a) in sub-paragraph (8), for the definition of "corresponding order" there is substituted— "corresponding order"—

  1. (a) in relation to a community rehabilitation order, means a probation order;
  2. (b) in relation to a community punishment order, means a community service order; and
  3. (c) in relation to a community punishment and rehabilitation order—
    1. (i) if the offender resides in Scotland, or will be residing there at the relevant time, means a probation order including such a requirement as is mentioned in section 229(4) of the Criminal Procedure (Scotland) Act 1995; and
    2. (ii) if he resides in Northern Ireland, or will be residing there at the relevant time, means a combination order;",.

(b) for the cross-heading preceding paragraph 6 there is substituted "Community rehabilitation, community punishment and community punishment and rehabilitation orders: general provisions".").

Page 82, line 1, leave out first ("In").

Page 82, line 1, after ("orders)") insert—

("is amended as follows.

( ) In paragraph 3—

  1. (a) in sub-paragraph (2)(b), for "sections 38" there is substituted "sections 36B",
  2. (b) in sub-paragraph (5)(a), for "4(1)(d)" there is substituted "4(1C)(d)".

( )").

Page 82, line 6, leave out ("In").

Page 82, line 7, after ("orders)") insert—

("is amended as follows.

( ) In paragraph 3—

  1. (a) in sub-paragraph (2)(b), for "sections 38" there is substituted "sections 36B",
  2. (b) in sub-paragraph (5)(a), for "4(1)(d)" there is substituted "4(1C)(d)".

( )").

Page 82, line 11, after ("22,") insert ("34(a),").

Page 82, line 17, at end insert—

(". In Schedule 10 (transitory modifications), in paragraph 12(2)—

  1. (a) in paragraph (c), for "each of sub-paragraphs (1) and (2)" there is substituted "sub-paragraph (1)",
  2. (b) the "and" preceding paragraph (d) is omitted and after that paragraph there is inserted—
    1. "(e) in sub-paragraph (2)(a) of paragraph 26, for the words "justices' chief executive for the court" there were substituted "clerk to the court"; and
    2. (f) in sub-paragraph (3) of that paragraph, for the words "justices' chief executive for that court" there were substituted "clerk to that court".").

Page 82, line 17, at end insert—