SCHEDULES

SCHEDULE 4Youth rehabilitation orders: consequential and related amendments

Part 1Consequential amendments

Children and Young Persons Act 1969 (c. 54)

I117

1

Section 32 (detention of absentees) is amended as follows.

2

In subsection (1A)—

a

in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”, and

b

for paragraph (b) substitute—

b

from local authority accommodation—

i

in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); or

ii

to which he has been remanded under paragraph 21 of Schedule 2 to that Act; or

iii

to which he has been remanded or committed under section 23(1) of this Act,

3

For subsection (1C) substitute—

1C

In this section “the responsible person” means, as the case may be—

a

the person who made the arrangements under paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008;

b

the authority specified under paragraph 17(5) of Schedule 1 to that Act;

c

the authority designated under paragraph 21(10) of Schedule 2 to that Act; or

d

the authority designated under section 23 of this Act.

4

After subsection (1C) insert—

1D

If a child or young person—

a

is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and

b

is absent, without the consent of the responsible officer (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), from the place in which he is required to reside,

he may be arrested by a constable anywhere in the United Kingdom without a warrant.

1E

A person so arrested shall be conducted to—

a

the place where he is required to reside, or

b

such other place as the local authority specified under paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 may direct,

at that local authority's expense.

5

In subsection (2), for “or (1A)” substitute “ , (1A) or (1D) ”.

6

In subsection (2A), for the words from “mentioned in subsection” to “this section is in premises” substitute “ mentioned in subsection (1), (1A)(a) or (b)(i) or (ii) or (1D) of this section is in premises ”.

7

In subsection (2B)—

a

after “subsection (1A)” insert “ or (1D) ”, and

b

at the end insert “ or the responsible officer, as the case may be. ”

8

In subsection (3), for “or (1A)” substitute “ , (1A) or (1D) ”.

9

In subsection (4), after “(1A)” insert “ , (1D) ”.