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Powers of Criminal Courts (Sentencing) Act 2000

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  • s. 12(1A)(g) inserted by 2019 c. 17 s. 13(6)
  • s. 41(9A) inserted by 2000 c. 43 Sch. 7 para. 165(b) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 165 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 41(12) inserted by 2000 c. 43 Sch. 7 para. 165(c) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 165 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 58(2) inserted by 2000 c. 43 Sch. 7 para. 172 (This amendment not applied to legislation.gov.uk. Sch. 7 para. 172 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 82A(3A)-(3C) inserted by 2008 c. 4 s. 19(3)
  • s. 83(2)(aa) substituted for s. 83(2)(b)(c) by 2000 c. 43 Sch. 7 para. 178
  • s. 101(2A) inserted by 2003 c. 44 s. 298(3)
  • s. 147A(6)(a) words substituted by 2012 c. 10 Sch. 13 para. 12(b)
  • s. 147A(6)(b) words inserted by 2012 c. 10 Sch. 13 para. 12(c)
  • Sch. 2 para. 8 and cross-heading inserted by 2000 c. 43 s. 51 (This amendment not applied to legislation.gov.uk. S. 51 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 6A and cross-heading inserted by 2000 c. 43 Sch. 7 para. 199(9) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(9) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 26 inserted by 2000 c. 43 Sch. 7 para. 199(26) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(26) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 4(4A) inserted by 2004 c. 28 Sch. 5 para. 5(4) (Effect not applied as it relates to a version of Sch. 3 para. 4 prospectively substituted but not brought into force)
  • Sch. 3 para. 7(4)-(7) substituted for Sch. 3 para. 7(4)-(6) by 2000 c. 43 Sch. 7 para. 199(10)(c) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(10)(c) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 10 para. 12(2)(e)(f) inserted by 2000 c. 43 Sch. 7 para. 204 (This amendment not applied to legislation.gov.uk. Sch. 7 para. 204 repealed (30.11.2009) without ever being in force by 2008 c. 4, Sch. 28 Pt. 1; S.I. 2009/3074, art. 2(u)(xxix))

73 Reparation orders.E+W

(1)Where a child or young person (that is to say, any person aged under 18) is convicted of an offence other than one for which the sentence is fixed by law, the court by or before which he is convicted may make an order requiring him to make reparation specified in the order—

(a)to a person or persons so specified; or

(b)to the community at large;

and any person so specified must be a person identified by the court as a victim of the offence or a person otherwise affected by it.

(2)An order under subsection (1) above is in this Act referred to as a “reparation order”.

(3)In this section and section 74 below “make reparation”, in relation to an offender, means make reparation for the offence otherwise than by the payment of compensation; and the requirements that may be specified in a reparation order are subject to section 74(1) to (3).

(4)The court shall not make a reparation order in respect of the offender if it proposes—

(a)to pass on him a custodial sentence; or

[F1(b)to make in respect of him a youth rehabilitation order or a referral order.]

[F2(4A)The court shall not make a reparation order in respect of the offender at a time when a youth rehabilitation order is in force in respect of him unless when it makes the reparation order it revokes the youth rehabilitation order.

(4B)Where a youth rehabilitation order is revoked under subsection (4A), paragraph 24 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach, revocation or amendment of youth rehabilitation order) applies to the revocation.]

(5)Before making a reparation order, a court shall obtain and consider a written report by [F3an officer of a local probation board] [F4, an officer of a provider of probation services], a social worker of a local authority F5... or a member of a youth offending team indicating—

(a)the type of work that is suitable for the offender; and

(b)the attitude of the victim or victims to the requirements proposed to be included in the order.

(6)The court shall not make a reparation 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 section 74(4) below and the notice has not been withdrawn.

F6(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The court shall give reasons if it does not make a reparation order in a case where it has power to do so.

Textual Amendments

F3Words in s. 73(5) 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)

F5Words in s. 73(5) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(h)

F6S. 73(7) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 106(3), 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))

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