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Criminal Justice and Immigration Bill

moved Amendment No. 4: 4: Schedule 1, page 118, line 9, leave out ““or”” The noble Lord said: My Lords, with government Amendment No. 4 I will speak also to Amendments Nos. 5, 15, 24, 25, 31, 34, 116 and 117. Amendments Nos. 4 and 5 are technical; they amend references to probation boards to take into account changes made in the Offender Management Act 2007. The amendments ensure that the reference is consistent with the new legislation. Amendment No. 15 is a technical amendment that changes the minimum time limit for the completion of a youth rehabilitation order with intensive supervision and surveillance. At present, paragraph 32 of Schedule 1 provides that a youth rehabilitation order with intensive supervision and surveillance must specify a date, not earlier than 12 months after the date on which the order takes effect, by which all the requirements must have been complied with. The amendment will change that minimum period from 12 months to six months. The youth rehabilitation order with intensive supervision and surveillance is based on the Youth Justice Board’s current intensive supervision and surveillance programme. It is the most robust community sentence available to the courts, which is why, when replacing it with the youth rehabilitation order, we have placed statutory restrictions on its use so it is reserved as a direct alternative to custody. Currently, the intensive supervision and surveillance programme most often lasts for six months. We think that the youth rehabilitation order with intensive supervision and surveillance should reflect that current practice. Amendments Nos. 24 and 25 add the intoxicating substance treatment requirement to paragraph 9 of Schedule 2 so that a reasonable refusal of treatment will not lead to breach action by the courts. That is already the case with a reasonable refusal of treatment under the drug treatment and mental health treatment requirements, and it is appropriate that we bring the intoxicating substance treatment requirement into line. Amendments Nos. 31, 34, 116 and 117 are minor and technical. Section 161 of the Criminal Justice Act 2003 currently provides for the court to order pre-sentence drug testing where a person aged 14 or over is convicted of an offence and consideration is being given by the court to imposing a community sentence or a suspended sentence. Amendment No. 31 removes the lower age limit of 14 for that pre-sentence drug testing. That reflects what has already been done for the drug testing requirement in the Bill, which may be imposed as part of a youth rehabilitation order by the court as part of its sentence. The other amendments are consequential to that change; they update dependent parts of the legislation and remove redundant delegated powers that relate to the provision in the Criminal Justice Act 2003 that we are removing. I commend these amendments to the House, and I beg to move. On Question, amendment agreed to.