Criminal Justice and Immigration Act 2008 (c. 4)

SCHEDULES

Valid from 30/11/2009

SCHEDULE 2 E+W Breach, revocation or amendment of youth rehabilitation orders

Modifications etc. (not altering text)

C1 Sch. 2 modified by Criminal Procedure (Scotland) Act 1995 (c. 46), s. 234(6A) (as inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 44(6) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v))

Part 2 E+W Breach of requirement of order

Restriction of powers in paragraphs 6 and 8 where treatment required E+W

9 (1) Sub-paragraph (2) applies where a youth rehabilitation order imposes any of the following requirements in respect of an offender— E+W

(a) a mental health treatment requirement;

(b) a drug treatment requirement;

(c) an intoxicating substance treatment requirement.

(2) The offender is not to be treated for the purposes of paragraph 6 or 8 as having failed to comply with the order on the ground only that the offender had refused to undergo any surgical, electrical or other treatment required by that requirement if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.

Commencement Information

I1 Sch. 2 para. 9 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)