Justice Bill

Youth custody and supervision orders

12.—(1) The Criminal Justice (Children) (Northern Ireland) Order 1998 is amended as follows.

(2) After Article 38 insert⁠—

“Youth custody and supervision orders

Youth custody and supervision orders

38A.—(1) This Article applies where a child is found guilty by or before any court of an offence and⁠—

      (a)  it appears to the court that the child was aged 14 or over when the offence was committed, and

      (b)  the offence is one which is punishable, in the case of an adult, with imprisonment, and for which the sentence is, in the case of an adult, not fixed by law as imprisonment for life.

(2) The court (subject to Article 32(1)) may make a youth custody and supervision order in relation to the child.

(3) A youth custody and supervision order is an order that the child is to be subject to a period of detention followed by a period of supervision.

For provision relating to the duration of such orders, see Article 38B.

(4) Where, in reliance on Article 30(2), a court makes a youth custody and supervision order in relation to an adult, the period of detention is in such place and under such conditions as the Department of Justice may direct.

(5) Where a court makes a youth custody and supervision order, it may, subject to Chapter 5 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008, impose a curfew requirement or an electronic monitoring requirement (within the meaning of that Chapter) during all or any part of the period of supervision.

(6) For the purposes of paragraph (1)(a), where the offence is found to have been committed⁠—

      (a)  over a period of 2 or more days, or

      (b)  at some time during a period of 2 or more days,

it is taken to have been committed on the last of those days.

(7) A person detained under this Article is, while so detained, in legal custody.

Term of youth custody and supervision orders

38B.—(1) A youth custody and supervision order is to have effect for such period as may be specified in it.

(2) That period must not be less than 6 months or, subject to paragraph (3), more than 2 years.

(3) The period specified in the order may be up to four years in the case of a child aged 16 or over if⁠—

      (a)  the sentence is imposed under Article 70(2) of the Firearms (Northern Ireland) Order 2004,

      (b)  the sentence is imposed under paragraph 2(5A) of Schedule 2 to the Violent Crime Reduction Act 2006, or

      (c)  the court is of the opinion that an order for a period of 2 years would be inadequate in all the circumstances.

(4) The period of detention which the child is to serve under the order is  such period as may be specified in the order, but this is subject to paragraphs (5) and (6).

(5) The period of detention specified in the order must not be⁠—

      (a)  less than 3 months, or

      (b)  more than one half of the period of the order.

(6) The period of detention which the child is liable to serve is to be reduced by any period which is a relevant period within the meaning of section 26(2) and (2A) of the Treatment of Offenders Act (Northern Ireland) 1968 (reduction of sentence).

(7) Any reference in any statutory provision to the length of the period of a youth custody and supervision order must be construed as a reference to the length of the period specified by the court and not the length of the period as reduced by paragraph (6), unless the context otherwise requires.

Taking of children to juvenile justice centres

38C.—(1) This Article applies where a court has made a youth custody and supervision order in respect of a child.

(2) The court must cause the order to be delivered to the person responsible for taking the child to the juvenile justice centre specified in the order.

(3) That person must deliver the order to the person for the time being in charge of the centre.

(4) The court must cause a record of the child to be sent to the managers or to the person for the time being in charge of the juvenile justice centre.

(5) The record of the child must contain such information in the possession of the court with respect to the child as is in the opinion of the court likely to be of assistance to the managers of the juvenile justice centre.

(6) Any person who knowingly harbours or conceals the child after the time has come for the child to go to the juvenile justice centre is guilty of an offence.

(7) A person who is guilty of an offence under paragraph (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale, or to imprisonment for a term not exceeding 6 months, or to both.

(8) Paragraph (9) applies where⁠—

      (a)  the person authorised to take the child to a juvenile justice centre is, when the time comes for the child to go to the centre, unable to find the child or unable to obtain possession of the child, and

      (b)  a lay magistrate is satisfied by complaint on oath that there is reasonable ground for believing that a person named in the complaint can produce the child.

(9) The lay magistrate may issue a summons requiring the person so named to⁠—

      (a)  attend at a court of summary jurisdiction on such day as may be specified in the summons, and

      (b)  produce the child.

(10) If the person required by the summons to produce the child fails to do so, without reasonable excuse, that person is guilty of an offence (in addition to any other liability to which that person may be subject).

(11) A person who is guilty of an offence under paragraph (10) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Supervision under a youth custody and supervision order

38D.—(1) During the period of supervision under a youth custody and supervision order, the offender is to be under the supervision of⁠—

      (a)  a probation officer, or

      (b)  such other person as the Department may designate.

(2) Before the commencement of the period of supervision the managers of the juvenile justice centre where the offender is detained must give the offender a notice specifying⁠—

      (a)  the period of supervision, and

      (b)  the person under whose supervision the offender will be (“the supervisor”).

(3) Before the commencement of the period of supervision the supervisor must give the offender a notice specifying⁠—

      (a)  any requirement imposed by the court under Article 38A(5), and

      (b)  any other requirement with which the offender must comply.

(4) During the period of supervision the supervisor may give the offender a notice specifying any alteration to the matters mentioned in paragraph (2)(b) or (3)(b).

(5) The Department may designate another person to issue a notice under paragraph (4).

(6) The Department may make rules regulating the supervision of an offender subject to a youth custody and supervision order, but such rules may not regulate any matter which may be regulated by rules under Article 44 of the Criminal Justice (Northern Ireland) Order 2008.

(7) Rules under paragraph (6) are subject to negative resolution.

(8) The Department may pay the expenses incurred by a probation officer or any person designated under paragraph (1)(b) arising from the supervision of an offender under this Article.

(9) In this Article “the Department” means the Department of Justice.

Breach of supervision requirements

38E. Schedule 1B makes provision about breach of supervision requirements imposed under a youth custody and supervision order.

Restriction on making two or more youth custody and supervision orders

38F.—(1) This Article applies where⁠—

      (a)  a court is dealing with an offender for two or more associated offences, and

      (b)  the court forms the opinion that it is appropriate to make a youth custody and supervision order in respect of two or more of the offences.

(2) The court may not make more than one youth custody and supervision order in respect of the relevant offences.

(3) In determining the term of the order and any requirement to be imposed under Article 38A(5), the court must take into consideration each of the relevant offences.

(4) The court must state in open court and in ordinary language how it discharged the duty under paragraph (3).

(5) In paragraphs (2) and (3) “the relevant offences” means the offences in respect of which the court considers it to be appropriate to make a youth custody and supervision order.

Offender subject to youth custody and supervision order and custodial sentence imposed

38G.—(1) This Article applies where⁠—

      (a)  an offender is subject to a youth custody and supervision order,

      (b)  the offender is convicted by or before a court of an offence, and

      (c)  the court imposes a custodial sentence on the offender for the offence.

(2) The court must revoke the youth custody and supervision order.

(3) In passing the sentence for the offence, the court must take into account⁠—

      (a)  the period for which, but for the revocation, the order would have continued in effect, and,

      (b)  in particular, the proportion of that period during which the child was due to be subject to a period of supervision.

(4) If the court decides to make a further youth custody and supervision order, Article 38B has effect as if⁠—

      (a)  in paragraph (2) the words “less than 6 months or” were omitted;

      (b)  in paragraph (5), sub-paragraph (a) were omitted.”.

(3) Schedule 3 inserts into the Criminal Justice (Children) (Northern Ireland) Order 1998 a new Schedule 1B (Youth Custody and Supervision Orders: Breach of Supervision Requirements).

 

SCHEDULE 3

Section 12.

YOUTH CUSTODY AND SUPERVISION ORDERS: BREACH OF

SUPERVISION REQUIREMENTS

In the Criminal Justice (Children) (Northern Ireland) Order 1998, after Schedule 1A insert—

“SCHEDULE 1B

Article 38E

YOUTH CUSTODY AND SUPERVISION ORDERS: BREACH OF SUPERVISION REQUIREMENT

Interpretation

1. In this Schedule—

“supervision requirement” means a requirement with which an offender must comply under Article 38A(5) or 38D(3) or (4);

“breach”, in relation to a supervision requirement, means a failure to comply with it.

Breach of a supervision requirement: issue of summons or warrant

2.—(1) Sub-paragraph (2) applies where—

(a) a youth custody and supervision order has been made in respect of an offender, and

(b) it appears upon a complaint made to a lay magistrate that the offender has breached a supervision requirement under the order.

(2) The magistrate may—

(a) issue a summons directed to the offender requiring the offender to appear before a court of summary jurisdiction specified in the summons, or

(b) if the complaint is in writing and on oath, issue a warrant for the offender’s arrest requiring the offender to be brought before a court of summary jurisdiction specified in the warrant.

Power of court to deal with offender for breach of supervision requirement

3.—(1) If it is proved to the satisfaction of the court that the offender has, without reasonable excuse, breached a supervision requirement the court may deal with the matter under paragraph 4 or 5.

(2) In making an order under paragraph 4 or imposing a fine under paragraph 5, the court must take into account the extent to which the offender has complied with any supervision requirement under the youth custody and supervision order.

(3) In this paragraph and in paragraphs 4 and 5—

“the court” means the court before which an offender appears or is brought under paragraph 2;

“the offender” means the offender referred to in that paragraph;

“the youth custody and supervision order” means the order referred to in that paragraph.

Further period of detention

4.—(1) Where the youth custody and supervision order is in force, the court may order the offender to be detained for a period not exceeding the remainder of the period during which the order has effect.

2. If the offender is an adult when the order under sub-paragraph (1) is made, the offender must be detained in a young offenders centre.
3. Where the court makes an order under sub-paragraph (1), any remaining period of supervision is to be reduced by the further period of detention.

(4) A further period of detention is to be treated for the purposes of any statutory provision as being ordered by the youth custody and supervision order and, accordingly—

(a) the offender is to be treated as being detained under the youth custody and supervision order during any such period, and

(b) any reference to the period for which a person is detained under a youth custody and supervision order includes any further period of detention.

 Fine

5.—(1) The court may impose on the offender a fine not exceeding £1,000.

(2) Where a court imposes a fine—

(a) if the offender is under the age of 16, it must order that the fine is to be paid by the parent or guardian of the offender instead of by the offender, unless it is satisfied that there is a good reason for not doing so, and

(b) if the offender is aged 16 or over but is under the age of 18, it may order that the fine is to be paid by the parent or guardian of the offender instead of by the offender.

3. A fine ordered to be paid by a parent or guardian may be recovered from the parent or guardian by distress or by imprisonment in default of payment in the same manner as if the order had been made on the conviction of the parent or guardian of the offence for which the youth custody and supervision order was made.
4. A parent or guardian may appeal to a county court against an order under sub-paragraph (2).”.