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Criminal Justice and Immigration Bill

My Lords, the usual breach rules, which we will discuss later in government amendments, provide some answer in that, as I understand it, there needs to be a very serious breach before an offender can be brought back the first time—I am talking in shorthand now. The question was whether the offender should be brought back to court automatically after a third breach. After the dinner break, the Government will move amendments suggesting that if the YOT officer thought that the third breach was not sufficiently serious, although a reasonable excuse was lacking, it would be wrong to bring the offender back to court. Therefore, in exceptional circumstances, the YOT officer is able not to bring back the offender. If the offender is brought back to court for a breach of a YRO—I think that that is the subject of a later amendment—as I understand it, the court is not bound to send him to custody; it has a choice. Therefore, it would not necessarily follow that someone who breached the order would go into custody. However, you cannot require someone to receive medical treatment. You can require a person to attend a hospital but you cannot require him to undergo medical treatment. I hope that that answers the noble Lord.