SCHEDULES
SCHEDULE 7Youth default orders: modification of provisions applying to youth rehabilitation orders
General
1
Any reference to the offender is, in relation to a youth default order, to be read as a reference to the person in default; and any reference to the time when the offender is convicted is to be read as a reference to the time when the order is made.
Unpaid work requirement
2
F6C11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F7In its application to a youth default order, paragraph 10 (unpaid work requirement) of Schedule 6 to the Sentencing Code has effect as if for paragraphs (a) and (b) of sub-paragraph (3) there were substituted—
a
not less than 20, and
b
in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
TABLE
Amount
Number of hours
An amount not exceeding £200
40
An amount exceeding £200 but not exceeding £500
60
An amount exceeding £500
100
F83
In its application to a youth default order, subsection (3) of section 198 of the Sentencing Code (when a youth rehabilitation order is in force) has effect subject to section 39(7)(a) of the Criminal Justice and Immigration Act 2008.
Attendance centre requirement
3
1
In its application to a youth default order, F1paragraph 14 of Schedule 6 to the Sentencing Code (attendance centre requirement) is modified as follows.
C22
F2Sub-paragraph (3) has effect as if—
a
in paragraph (a), for the words following “conviction” there were substituted
F3... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
TABLE
Amount
Number of hours
An amount not exceeding £250
8
An amount exceeding £250 but not exceeding £500
14
An amount exceeding £500
24
b
in paragraph (b), for the words following “conviction” there were substituted
F4... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
TABLE
Amount
Number of hours
An amount not exceeding £250
8
An amount exceeding £250 but not exceeding £500
14
An amount exceeding £500
24
c
in paragraph (c), for “must not be more than 12” there were substituted
F5... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
TABLE
Amount
Number of hours
An amount not exceeding £250
8
An amount exceeding £250 but not exceeding £500
10
An amount exceeding £500
12
Curfew requirement
4
1
In its application to a youth default order, F9paragraph 18 of Schedule 6 to the Sentencing Code (curfew requirement) is modified as follows.
2
That paragraph has effect as if after F10sub-paragraph (4) there were inserted—
F114A
In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column.
TABLE
Amount
Number of days
An amount not exceeding £200
20
An amount exceeding £200 but not exceeding £500
30
An amount exceeding £500 but not exceeding £1,000
60
An amount exceeding £1,000 but not exceeding £2,000
90
An amount exceeding £2,000
180
Enforcement, revocation and amendment of youth default order
5
1
In its application to a youth default order, F17Schedule 7 to the Sentencing Code (breach, revocation or amendment of youth rehabilitation order) is modified as follows.
2
Any reference to the offence in respect of which the youth rehabilitation order was made is to be read as a reference to the default in respect of which the youth default order was made.
3
Accordingly, any power of the court to revoke a youth rehabilitation order and deal with the offender for the offence is to be taken to be a power to revoke the youth default order and deal with him in any way in which the court which made the youth default order could deal with him for his default in paying the sum in question.
4
F18Paragraph 3 has effect as if for paragraphs (a) and (b) there were substituted “
as having been made by a magistrates' court
”
.
F195
The following provisions are omitted—
a
in paragraph 6—
i
sub-paragraph (5)(a),
ii
the words “add or” in sub-paragraph (5)(b), and
iii
sub-paragraph (11);
b
paragraph 9;
c
paragraph 11;
d
paragraph 12(8);
e
paragraph 21(6);
f
paragraph 23(2)(b).
Power to alter amount of money or number of hours or days
6
The Secretary of State may by order amend paragraph 2, 3 or 4 by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.
Transfer of youth default order to Northern Ireland
7
1
In its application to a youth default order, F12Schedule 8 to the Sentencing Code (transfer of youth rehabilitation orders to Northern Ireland) is modified as follows.
2
F163
Paragraph 16 has effect as if after sub-paragraph (5) there were inserted—
5A
The home court may not impose a fine on the offender.