SCHEDULES

SCHEDULE 1E+WFurther provisions about youth rehabilitation orders

Part 2 E+WRequirements

Pre-conditions to imposing local authority residence requirement or fostering requirementE+W

19(1)A court may not include a local authority residence requirement or a fostering requirement in a youth rehabilitation order in respect of an offender unless—E+W

(a)the offender was legally represented at the relevant time in court, or

(b)either of the conditions in sub-paragraph (2) is satisfied.

(2)Those conditions are—

(a)[F1that representation was made available to the offender for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the offender's conduct,] or

(b)that the offender has been informed of the right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.

(3)In this paragraph—

  • the proceedings” means—

    (a)

    the whole proceedings, or

    (b)

    the part of the proceedings relating to the imposition of the local authority residence requirement or the fostering requirement;

  • the relevant time” means the time when the court is considering whether to impose that requirement.

Annotations:

Amendments (Textual)

Commencement Information

I1Sch. 1 para. 19 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)