Textual Amendments
F1Words in Pt. IV heading substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 94; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
Modifications etc. (not altering text)
C1Pt. IV applied (with modifications) (25.8.2000) by 1997 c. 43, s. 35(4)(b)(5) (as substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(3))
(1)Where a child or young person (that is to say, any person aged under 18) is convicted of an offence and the court by or before which he is convicted is of the opinion mentioned in subsection (3) below, the court may (subject to [F2sections 148, 150 and 156 of the Criminal Justice Act 2003]) make an order which—
(a)requires the offender, for a period of three months beginning with the date of the order, to comply with an action plan, that is to say, a series of requirements with respect to his actions and whereabouts during that period;
(b)places the offender for that period under the supervision of the responsible officer; and
(c)requires the offender to comply with any directions given by the responsible officer with a view to the implementation of that plan;
and the requirements included in the order, and any directions given by the responsible officer, may include requirements authorised by section 70 below.
(2)An order under subsection (1) above is in this Act referred to as an “action plan order”.
(3)The opinion referred to in subsection (1) above is that the making of an action plan order is desirable in the interests of—
(a)securing the rehabilitation of the offender; or
(b)preventing the commission by him of further offences.
(4)In this Act “responsible officer”, in relation to an offender subject to an action plan order, means one of the following who is specified in the order, namely—
(a)[F3an officer of a local probation board];
(b)a social worker of a local authority [F4social services department];
(c)a member of a youth offending team.
(5)The court shall not make an action plan order in respect of the offender if—
(a)he is already the subject of such an order; or
(b)the court proposes to pass on him a custodial sentence or to make in respect of him [F5a community order under section 177 of the Criminal Justice Act 2003] an attendance centre order, a supervision order or a referral order.
(6)Before making an action plan order, the court shall obtain and consider—
(a)a written report by [F3an officer of a local probation board], a social worker of a local authority [F6social services department] or a member of a youth offending team indicating—
(i)the requirements proposed by that person to be included in the order;
(ii)the benefits to the offender that the proposed requirements are designed to achieve; and
(iii)the attitude of a parent or guardian of the offender to the proposed requirements; and
(b)where the offender is aged under 16, information about the offender’s family circumstances and the likely effect of the order on those circumstances.
(7)The court shall not make an action plan order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area proposed to be named in the order under subsection (8) below and the notice has not been withdrawn.
(8)An action plan order shall name the [F7local justice area] in which it appears to the court making the order (or to the court amending under Schedule 8 to this Act any provision included in the order in pursuance of this subsection) that the offender resides or will reside.
(9)Where an action plan order specifies [F3an officer of a local probation board] under subsection (4) above, the officer specified must be an officer appointed for or assigned to the [F7local justice area] named in the order.
(10)Where an action plan order specifies under that subsection—
(a)a social worker of a local authority [F8social services department], or
(b)a member of a youth offending team,
the social worker or member specified must be a social worker of, or a member of a youth offending team established by, the local authority within whose area it appears to the court that the offender resides or will reside.
F9(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Words in s. 69(1) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 104(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F3Words in s. 69(4)(a)(6)(a)(9) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)
F4Words in s. 69(4)(b) repealed (1.4.2005 for E.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g)
F5Words in s. 69(5)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 104(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F6Words in s. 69(6)(a) repealed (1.4.2005 for E.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g)
F7Words in s. 69(8)(9) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 76
F8Words in s. 69(10)(a) repealed (1.4.2005 for E.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g)
F9S. 69(11) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 104(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(34)44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))