Schedule 1
Criminal Justice and Immigration Bill
9:45 am
David Hanson (Minister of State, Ministry of Justice; Delyn, Labour)
That is a fairly significant bit of the amendment, as my right hon. Friend the Member for Cardiff, South and Penarth has indicated. My main objection is that that would place an unnecessary burden on the Crown court and limit the flexibility of the higher court to refer cases back to the magistrates court for appropriate action in those circumstances. I thank the hon. Member for Enfield, Southgate for his support for the view that we have taken on that issue.
Amendment No. 134 has also given us an interesting debate. My right hon. Friend the Member for Cardiff, South and Penarth was particularly sparky this morning when challenging the assertions of the hon. Member for Somerton and Frome on those matters, and I am grateful for that support because it exposed some of the arguments that I am sure we will touch on in the debate.
The amendment would remove the provisions in the Bill that set out the breach proceedings to be followed by the responsible officer. Those provisions set a limit of two format warnings that may be issued to a young offender in a twelve month period, following which, on a third breach during that period, proceedings must be instituted. That is a reasonable approach to ensure that young people are formally encouraged through a series of warnings before a third breach in that period, to comply with the order. The provisions reflect the Youth Justice Board’s national standards for breaches and have been put in the Bill specifically to ensure that there is clear evidence that breaches will be pursued rigorously and consistently, with national standards applied on a national basis. The breach procedure will codify the Youth Justice Board’s national standard, which will continue to provide more detailed guidance on managing breaches effectively while retaining the discretion that my right hon. Friend the Member for Cardiff, South and Penarth wishes there to be.