Criminal Justice and Immigration Act 2008 (c. 4)

SCHEDULES

Valid from 30/11/2009

SCHEDULE 4 E+W Youth rehabilitation orders: consequential and related amendments

Part 1 E+W Consequential amendments

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) E+W

51 E+W The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.

52 E+W In section 19(4)(a) (making of referral orders: effect on court's other sentencing powers), for “community sentence” substitute “ sentence which consists of or includes a youth rehabilitation order ”.

53 E+W In section 73 (reparation orders)—

(a) for subsection (4)(b) substitute—

“(b) to make in respect of him a youth rehabilitation order or a referral order.”

(b) after subsection (4) insert—

“(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.”

54 E+W In section 74(3)(a) (requirements and provisions of reparation order, and obligations of person subject to it), omit “or with the requirements of any community order or any youth community order to which he may be subject”.

55 E+W In section 75 (breach, revocation and amendment of reparation orders) omit “action plan orders and” and “so far as relating to reparation orders”.

56 E+W In section 91(3) (offenders under 18 convicted of certain serious offences: power to detain for specified period), for “a community sentence” substitute “ a youth rehabilitation order ”.

57 E+W In section 137(2) (power to order parent or guardian to pay fine, costs, compensation or surcharge)—

(a) after “under—” insert—

“(za) paragraph 6(2)(a) or 8(2)(a) of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach of youth rehabilitation order),”, and

(b) omit paragraphs (a) to (c), and

(c) in paragraph (d) omit “action plan order or”.

58 E+W In section 150(2) (binding over of parent or guardian), for “a community sentence on the offender” substitute “ on the offender a sentence which consists of or includes a youth rehabilitation order ”.

59 E+W In section 159 (execution of process between England and Wales and Scotland)—

(a) after “Schedule 1 to this Act,” insert “ or ”,

(b) omit “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”,

(c) omit “paragraph 1(1) of Schedule 5 to this Act”, and

(d) omit “paragraph 7(2) of Schedule 7 to this Act, or”.

Commencement Information

I1 Sch. 4 para. 59(a)(b)(d) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(x)

60 (1) Section 160 (rules and orders) is amended as follows. E+W

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (3)(a)—

(a) omit “40(2)(a),” and

(b) for “103(2) or paragraph 1(1A) of Schedule 3,” substitute “ or 103(2) ”.

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 4 para. 60(2) repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(j)(ii), Sch. 23 Pt. 4 (with s. 180)

F2 Sch. 4 para. 60(4) repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(j)(ii), Sch. 23 Pt. 4 (with s. 180)

Commencement Information

I2 Sch. 4 para. 60(1) (3) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xi)

I3 Sch. 4 para. 60(2)(4) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(xi) (Sch. 4 para. 60(2)(4) already repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(j)(ii), Sch. 23 Pt. 4 (with s. 180))

61 E+W In section 163 (general definitions)—

(a) omit the definitions of “action plan order”, “affected person”, “attendance centre”, “attendance centre order”, “community sentence”, “curfew order”, “exclusion order”, “supervision order”, “supervisor” and “youth community order”,

(b) in the definition of “responsible officer”, omit paragraphs (a), (aa) and (f), and

(c) at the end add—

““youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008.”

62 (1) Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows. E+W

(2) In the heading to the Schedule omit “action plan orders and”.

(3) In the cross-heading before paragraph 2, omit “action plan order or”.

(4) In paragraph 2—

(a) in sub-paragraph (1), for “an action plan order or” substitute “ a ”,

(b) in sub-paragraph (2)—

(i) in paragraph (a), omit sub-paragraphs (ii) and (iii), and

(ii) in each of paragraphs (b) and (c), omit “action plan order or”,

(c) in each of sub-paragraphs (5) and (7), omit “action plan order or”, and

(d) in sub-paragraph (8), omit “or action plan order” in both places where it occurs.

(5) Omit paragraphs 3 and 4.

(6) In the cross-heading before paragraph 5, omit “action plan order or”.

(7) In paragraph 5—

(a) in sub-paragraph (1), for “an action plan order or” substitute “ a ” and, in paragraph (a), omit “action plan order or”, and

(b) in sub-paragraph (3), for “an action plan order or” substitute “ a ”.

(8) In paragraph 6(9), in each of paragraphs (a), (b) and (c), omit “action plan order or”.

(9) In paragraph 7(b), for “an action plan order or” substitute “ a ”.

63 E+W In Schedule 10 (transitory modifications), omit paragraphs 4 to 6 and 12 to 15.

64 E+W In Schedule 11 (transitional provisions)—

(a) in paragraph 4, omit—

(i) paragraph (a) of sub-paragraph (1),

(ii) sub-paragraph (2), and

(iii) sub-paragraph (3), and

(b) omit paragraph 5.