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SCHEDULES

SCHEDULE 3E+W+N.I.Transfer of youth rehabilitation orders to Northern Ireland

Part 2 E+W+N.I.Provisions relating to an order made or amended under Part 1

Application of this PartE+W+N.I.

7This Part of this Schedule applies where a youth rehabilitation order is made or amended in accordance with Part 1 of this Schedule.

Annotations:

Commencement Information

I1Sch. 3 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

InterpretationE+W+N.I.

8In this Part of this Schedule, in relation to the youth rehabilitation order—

Annotations:

Commencement Information

I2Sch. 3 para. 8 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Effect of the youth rehabilitation order in Northern IrelandE+W+N.I.

9(1)The youth rehabilitation order is to be treated in Northern Ireland as if it were a corresponding order and the legislation which has effect in Northern Ireland in relation to such orders applies accordingly.E+W+N.I.

(2)Sub-paragraph (1) is subject to paragraphs 12 to 16.

Annotations:

Commencement Information

I3Sch. 3 para. 9 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Duty of offender to keep in touch with relevant officerE+W+N.I.

10In section 5(5) (duty of offender to keep in touch with responsible officer), references to the responsible officer are to be read as references to the relevant officer.

Annotations:

Commencement Information

I4Sch. 3 para. 10 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdictionE+W+N.I.

11Where the youth rehabilitation order was made or amended by the Crown Court, the Crown Court in Northern Ireland may direct that any proceedings in Northern Ireland in relation to the order be before the court of summary jurisdiction acting for the petty sessions district in which the offender resides or proposes to reside.

Annotations:

Commencement Information

I5Sch. 3 para. 11 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Powers of the home court in respect of the youth rehabilitation orderE+W+N.I.

12The home court may exercise in relation to the youth rehabilitation order any power which it could exercise in relation to a corresponding order made by a court in Northern Ireland, by virtue of the legislation relating to such orders which has effect there, except the following—

(a)any power to discharge or revoke the order (other than a power to revoke the order where the offender has been convicted of a further offence and the court has imposed a custodial sentence),

(b)any power to deal with the offender for the offence in respect of which the order was made, and

(c)in the case of a youth rehabilitation order imposing a curfew requirement, any power to vary the order by substituting for the period specified in it any longer period than the court which made the order could have specified.

Annotations:

Commencement Information

I6Sch. 3 para. 12 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

13(1)The home court may require the offender to appear before the relevant court in England or Wales if sub-paragraph (2) or (3) applies.E+W+N.I.

(2)This sub-paragraph applies where it appears to the home court upon a complaint being made to a lay magistrate acting for the petty sessions district for the time being specified in the order that the offender has failed to comply with one or more requirements of the order.

(3)This sub-paragraph applies where it appears to the home court, on the application of the offender or the relevant officer, that it would be in the interests of justice for a power conferred by any of paragraphs 11 to 14 of Schedule 2 to be exercised.

Annotations:

Commencement Information

I7Sch. 3 para. 13 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

14Where an offender is required by virtue of paragraph 13 to appear before the relevant court in England or Wales—

(a)the home court must send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable, and

(b)a certificate purporting to be signed by the clerk of the home court (or, if the home court is the Crown Court in Northern Ireland, by the chief clerk) is admissible as evidence of the failure before the relevant court in England or Wales.

Annotations:

Commencement Information

I8Sch. 3 para. 14 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Powers of court in England or Wales before which the offender is required to appearE+W+N.I.

15Where an offender is required by virtue of paragraph 13 to appear before the relevant court in England or Wales, that court may—

(a)issue a warrant for the offender's arrest, and

(b)exercise any power which it could exercise in respect of the youth rehabilitation order if the offender resided in England or Wales,

and any enactment relating to the exercise of such powers has effect accordingly, and with any reference to the responsible officer being read as a reference to the relevant officer.

Annotations:

Commencement Information

I9Sch. 3 para. 15 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

16(1)Paragraph 15(b) does not enable the relevant court in England or Wales to amend the youth rehabilitation order unless it appears to the court that the conditions in paragraph 2(2)(a) and (b) are satisfied in relation to any requirement to be imposed.E+W+N.I.

(2)The preceding paragraphs of this Schedule have effect in relation to the amendment of the youth rehabilitation order by virtue of paragraph 15(b) as they have effect in relation to the amendment of such an order by virtue of paragraph 2(2).

Annotations:

Commencement Information

I10Sch. 3 para. 16 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Power to amend provisions of Schedule in consequence of changes to the law in Northern IrelandE+W+N.I.

17(1)This paragraph applies where a change is made to the law in Northern Ireland adding further descriptions of orders to the kinds of orders which a court in that jurisdiction may impose in dealing with an offender aged under 18 at the time of conviction.E+W+N.I.

(2)The Secretary of State may by order make such amendments to any of the preceding provisions of this Schedule as appear expedient in consequence of the change.

Annotations:

Commencement Information

I11Sch. 3 para. 17 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)