Clause 5
Criminal Justice and Immigration Bill
1:30 pm

Photo of Edward Garnier

Edward Garnier (Shadow Minister, Justice; Harborough, Conservative)

I beg to move amendment No. 5, in clause 5, page 3, line 45, after ‘offender’s’, insert ‘, or his immediate family’s,’.

The amendment relates to the wording in subsection (3), which states:

“In giving instructions in pursuance of a youth rehabilitation order relating to an offender, the responsible officer must ensure, as far as practicable, that any instruction is such as to avoid...any conflict with the offender’s religious beliefs”.

It seems to me that when an young offender’s religious beliefs are placed in a position of conflict as a result of the making of the order, it will, or it could, impact equally on his family. Under the Bill as drafted, the court may well say that the offender’s religious beliefs are incorporated in his wider family’s beliefs in any event, but I think that the court ought to be careful to inquire about the nature of the family structure of the individual offender. If the offender is 13, 14 or 15, the court should consider whether they cannot go to an attendance centre on a Friday evening, a Sunday morning or at some other time. If the offender is a minor, as he surely will be, the ability of the family to co-operate with the court and to ensure compliance with the order is something that we ought to consider. That is the simple point, and I hope that the Minister can address it.

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