Criminal Justice Act 2003

Section 324

SCHEDULE 34 E+W Parenting orders and referral orders

Crime and Disorder Act 1998 (c. 37) E+W

1 E+W In section 8 of the Crime and Disorder Act 1998 (parenting orders), in subsection (2) the words from “and to section 19(5)” to “2000” shall cease to have effect.

2 (1) Section 9 of that Act (parenting orders: supplemental) is amended as follows. E+W

(2) For subsection (1A) there is substituted—

“(1A) The requirements of subsection (1) do not apply where the court makes a referral order in respect of the offence.”

(3) After subsection (2) there is inserted—

“(2A) In a case where a court proposes to make both a referral order in respect of a child or young person convicted of an offence and a parenting order, before making the parenting order the court shall obtain and consider a report by an appropriate officer—

(a) indicating the requirements proposed by that officer to be included in the parenting order;

(b) indicating the reasons why he considers those requirements would be desirable in the interests of preventing the commission of any further offence by the child or young person; and

(c) if the child or young person is aged under 16, containing the information required by subsection (2) above.

(2B) In subsection (2A) above “an appropriate officer” means—

(a) an officer of a local probation board;

(b) a social worker of a local authority social services department; or

(c) a member of a youth offending team.”

(4) After subsection (7) there is inserted—

“(7A) In this section “referral order” means an order under section 16(2) or (3) of the Powers of Criminal Courts (Sentencing) Act 2000 (referral of offender to youth offender panel).”

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) E+W

3 E+W In section 19(5) of the Powers of Criminal Courts (Sentencing) Act 2000 (orders that cannot be made with referral orders)—

(a) at the end of paragraph (a) there is inserted “ or ” , and

(b) paragraph (c) (parenting orders) and the word “or” immediately preceding it shall cease to have effect.

4 E+W In section 22 of that Act (referral orders: attendance at panel meetings), after subsection (2) there is inserted—

“(2A) If—

(a) a parent or guardian of the offender fails to comply with an order under section 20 above (requirement to attend the meetings of the panel), and

(b) the offender is aged under 18 at the time of the failure,

the panel may refer that parent or guardian to a youth court acting for the petty sessions area in which it appears to the panel that the offender resides or will reside.”

5 (1) Section 28 of that Act (which introduces Schedule 1) is amended as follows. E+W

(2) In the sidenote, for “Offender referred back to court or” there is substituted “ Offender or parent referred back to court: offender ” .

(3) After paragraph (a) there is inserted—

“(aa) in Part 1A makes provision for what is to happen when a youth offender panel refers a parent or guardian to the court under section 22(2A) above, and”.

6 E+W In Schedule 1 to that Act (youth offender panels: further court proceedings), after Part 1 there is inserted—

“Part 1a E+W referral of parent or guardian for breach of section 20 order

Introductory

9A (1) This Part of this Schedule applies where, under section 22(2A) of this Act, a youth offender panel refers an offender’s parent or guardian to a youth court.

(2) In this Part of this Schedule—

(a) “the offender” means the offender whose parent or guardian is referred under section 22(2A);

(b) “the parent” means the parent or guardian so referred; and

(c) “the youth court” means a youth court as mentioned in section 22(2A).

Mode of referral to court

9B The panel shall make the referral by sending a report to the youth court explaining why the parent is being referred to it.

Bringing the parent before the court

9C (1) Where the youth court receives such a report it shall cause the parent to appear before it.

(2) For the purpose of securing the attendance of the parent before the court, a justice acting for the petty sessions area for which the court acts may—

(a) issue a summons requiring the parent to appear at the place and time specified in it; or

(b) if the report is substantiated on oath, issue a warrant for the parent’s arrest.

(3) Any summons or warrant issued under sub-paragraph (2) above shall direct the parent to appear or be brought before the youth court.

Power of court to make parenting order: application of supplemental provisions

9D (1) Where the parent appears or is brought before the youth court under paragraph 9C above, the court may make a parenting order in respect of the parent if—

(a) it is proved to the satisfaction of the court that the parent has failed without reasonable excuse to comply with the order under section 20 of this Act; and

(b) the court is satisfied that the parenting order would be desirable in the interests of preventing the commission of any further offence by the offender.

(2) A parenting order is an order which requires the parent—

(a) to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and

(b) subject to sub-paragraph (4) below, to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer.

(3) The requirements that may be specified under sub-paragraph (2)(a) above are those which the court considers desirable in the interests of preventing the commission of any further offence by the offender.

(4) A parenting order under this paragraph may, but need not, include a requirement mentioned in subsection (2)(b) above in any case where a parenting order under this paragraph or any other enactment has been made in respect of the parent on a previous occasion.

(5) A counselling or guidance programme which a parent is required to attend by virtue of subsection (2)(b) above may be or include a residential course but only if the court is satisfied—

(a) that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing the commission of any further offence by the offender, and

(b) that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.

(6) Before making a parenting order under this paragraph where the offender is aged under 16, the court shall obtain and consider information about his family circumstances and the likely effect of the order on those circumstances.

(7) Sections 8(3) and (8), 9(3) to (7) and 18(3) and (4) of the Crime and Disorder Act 1998 apply in relation to a parenting order made under this paragraph as they apply in relation to any other parenting order.

Appeal

9E (1) An appeal shall lie to the Crown Court against the making of a parenting order under paragraph 9D above.

(2) Subsections (2) and (3) of section 10 of the Crime and Disorder Act 1998 (appeals against parenting orders) apply in relation to an appeal under this paragraph as they apply in relation to an appeal under subsection (1)(b) of that section.

Effect on section 20 order

9F (1) The making of a parenting order under paragraph 9D above is without prejudice to the continuance of the order under section 20 of this Act.

(2) Section 63(1) to (4) of the Magistrates' Courts Act 1980 (power of magistrates' court to deal with person for breach of order, etc) apply (as well as section 22(2A) of this Act and this Part of this Schedule) in relation to an order under section 20 of this Act.”