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Criminal Justice and Immigration Act 2008

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SCHEDULES

Section 1

SCHEDULE 1E+WFurther provisions about youth rehabilitation orders

Part 1 E+WProvisions to be included in youth rehabilitation orders

Imposition of requirementsE+W

1Subsection (1) of section 1 has effect subject to the following provisions of Part 2 of this Schedule which relate to particular requirements—E+W

(a)paragraph 8(3) and (4) (activity requirement),

(b)paragraph 10(3) (unpaid work requirement),

(c)paragraph 11(3) and (4) (programme requirement),

(d)paragraph 12(3) (attendance centre requirement),

(e)paragraph 13(2) (prohibited activity requirement),

(f)paragraph 16(2), (4) and (7) (residence requirement),

(g)paragraphs 17(3) and (4) and 19 (local authority residence requirement),

(h)paragraph 20(3) (mental health treatment requirement),

(i)paragraph 22(2) and (4) (drug treatment requirement),

(j)paragraph 23(3) (drug testing requirement),

(k)paragraph 24(2) and (4) (intoxicating substance treatment requirement), and

(l)paragraph 25(4) (education requirement).

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Commencement Information

I1Sch. 1 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Electronic monitoring requirementE+W

2(1)Sub-paragraph (2) applies to a youth rehabilitation order which—E+W

(a)imposes a curfew requirement (whether by virtue of paragraph 3(4)(b) or otherwise), or

(b)imposes an exclusion requirement.

(2)The order must also impose an electronic monitoring requirement unless—

(a)in the particular circumstances of the case, the court considers it inappropriate for the order to do so, or

(b)the court is prevented by paragraph 26(3) or (6) from including such a requirement in the order.

(3)Subsection (2)(a) of section 1 has effect subject to paragraph 26(3) and (6).

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Commencement Information

I2Sch. 1 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Youth rehabilitation order with intensive supervision and surveillanceE+W

3(1)This paragraph applies where paragraphs (a) to (c) of section 1(4) are satisfied.E+W

(2)The court, if it makes a youth rehabilitation order which imposes an activity requirement, may specify in relation to that requirement a number of days which is more than 90 but not more than 180.

(3)Such an activity requirement is referred to in this Part of this Act as “an extended activity requirement”.

(4)A youth rehabilitation order which imposes an extended activity requirement must also impose—

(a)a supervision requirement, and

(b)a curfew requirement (and, accordingly, if so required by paragraph 2, an electronic monitoring requirement).

(5)A youth rehabilitation order which imposes an extended activity requirement (and other requirements in accordance with sub-paragraph (4)) is referred to in this Part of this Act as “a youth rehabilitation order with intensive supervision and surveillance” (whether or not it also imposes any other requirement mentioned in section 1(1)).

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Commencement Information

I3Sch. 1 para. 3 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Youth rehabilitation order with fosteringE+W

4(1)This paragraph applies where paragraphs (a) to (c) of section 1(4) are satisfied.E+W

(2)If the court is satisfied—

(a)that the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and

(b)that the imposition of a fostering requirement (see paragraph 18) would assist in the offender's rehabilitation,

it may make a youth rehabilitation order in accordance with section 1 which imposes a fostering requirement.

(3)But a court may not impose a fostering requirement unless—

(a)it has consulted the offender's parents or guardians (unless it is impracticable to do so), and

(b)it has consulted the local authority which is to place the offender with a local authority foster parent.

(4)A youth rehabilitation order which imposes a fostering requirement must also impose a supervision requirement.

(5)This paragraph has effect subject to paragraphs 18(7) and 19 (pre-conditions to imposing fostering requirement).

(6)A youth rehabilitation order which imposes a fostering requirement is referred to in this Part of this Act as “a youth rehabilitation order with fostering” (whatever other requirements mentioned in section 1(1) or (2) it imposes).

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Commencement Information

I4Sch. 1 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Intensive supervision and surveillance and fostering: further provisionsE+W

5(1)A youth rehabilitation order with intensive supervision and surveillance may not impose a fostering requirement.E+W

(2)Nothing in—

(a)section 1(4)(b), or

(b)section 148(1) or (2)(b) of the Criminal Justice Act 2003 (c. 44) (restrictions on imposing community sentences),

prevents a court from making a youth rehabilitation order with intensive supervision and surveillance in respect of an offender if the offender fails to comply with an order under section 161(2) of the Criminal Justice Act 2003 (pre-sentence drug testing).

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Commencement Information

I5Sch. 1 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Part 2 E+WRequirements

Activity requirementE+W

6(1)In this Part of this Act “activity requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must do any or all of the following—E+W

(a)participate, on such number of days as may be specified in the order, in activities at a place, or places, so specified;

(b)participate in an activity, or activities, specified in the order on such number of days as may be so specified;

(c)participate in one or more residential exercises for a continuous period or periods comprising such number or numbers of days as may be specified in the order;

(d)in accordance with paragraph 7, engage in activities in accordance with instructions of the responsible officer on such number of days as may be specified in the order.

(2)Subject to paragraph 3(2), the number of days specified in the order under sub-paragraph (1) must not, in aggregate, be more than 90.

(3)A requirement such as is mentioned in sub-paragraph (1)(a) or (b) operates to require the offender, in accordance with instructions given by the responsible officer, on the number of days specified in the order in relation to the requirement—

(a)in the case of a requirement such as is mentioned in sub-paragraph (1)(a), to present himself or herself at a place specified in the order to a person of a description so specified, or

(b)in the case of a requirement such as is mentioned in sub-paragraph (1)(b), to participate in an activity specified in the order,

and, on each such day, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be).

(4)Where the order requires the offender to participate in a residential exercise, it must specify, in relation to the exercise—

(a)a place, or

(b)an activity.

(5)A requirement to participate in a residential exercise operates to require the offender, in accordance with instructions given by the responsible officer—

(a)if a place is specified under sub-paragraph (4)(a)—

(i)to present himself or herself at the beginning of the period specified in the order in relation to the exercise, at the place so specified to a person of a description specified in the instructions, and

(ii)to reside there for that period,

(b)if an activity is specified under sub-paragraph (4)(b), to participate, for the period specified in the order in relation to the exercise, in the activity so specified,

and, during that period, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be).

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Commencement Information

I6Sch. 1 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Activity requirement: instructions of responsible officer under paragraph 6(1)(d)E+W

7(1)Subject to sub-paragraph (3), instructions under paragraph 6(1)(d) relating to any day must require the offender to do either of the following—E+W

(a)present himself or herself to a person or persons of a description specified in the instructions at a place so specified;

(b)participate in an activity specified in the instructions.

(2)Any such instructions operate to require the offender, on that day or while participating in that activity, to comply with instructions given by, or under the authority of, the person in charge of the place or, as the case may be, the activity.

(3)If the order so provides, instructions under paragraph 6(1)(d) may require the offender to participate in a residential exercise for a period comprising not more than 7 days, and, for that purpose—

(a)to present himself or herself at the beginning of that period to a person of a description specified in the instructions at a place so specified and to reside there for that period, or

(b)to participate for that period in an activity specified in the instructions.

(4)Instructions such as are mentioned in sub-paragraph (3)—

(a)may not be given except with the consent of a parent or guardian of the offender, and

(b)operate to require the offender, during the period specified under that sub-paragraph, to comply with instructions given by, or under the authority of, the person in charge of the place or activity specified under sub-paragraph (3)(a) or (b) (as the case may be).

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Commencement Information

I7Sch. 1 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Activity requirement: further provisionsE+W

8(1)Instructions given by, or under the authority of, a person in charge of any place under any of the following provisions—E+W

(a)paragraph 6(3),

(b)paragraph 6(5),

(c)paragraph 7(2), or

(d)paragraph 7(4)(b),

may require the offender to engage in activities otherwise than at that place.

(2)An activity specified—

(a)in an order under paragraph 6(1)(b), or

(b)in instructions given under paragraph 6(1)(d),

may consist of or include an activity whose purpose is that of reparation, such as an activity involving contact between an offender and persons affected by the offences in respect of which the order was made.

(3)A court may not include an activity requirement in a youth rehabilitation order unless—

(a)it has consulted a member of a youth offending team, an officer of a local probation board or an officer of a provider of probation services,

(b)it is satisfied that it is feasible to secure compliance with the requirement, and

(c)it is satisfied that provision for the offender to participate in the activities proposed to be specified in the order can be made under the arrangements for persons to participate in such activities which exist in the local justice area in which the offender resides or is to reside.

(4)A court may not include an activity requirement in a youth rehabilitation order if compliance with that requirement would involve the co-operation of a person other than the offender and the responsible officer, unless that other person consents to its inclusion.

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Commencement Information

I8Sch. 1 para. 8 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Supervision requirementE+W

9In this Part of this Act “supervision requirement”, in relation to a youth rehabilitation order, means a requirement that, during the period for which the order remains in force, the offender must attend appointments with the responsible officer or another person determined by the responsible officer, at such times and places as may be determined by the responsible officer.E+W

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Commencement Information

I9Sch. 1 para. 9 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Unpaid work requirementE+W

10(1)In this Part of this Act “unpaid work requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must perform unpaid work in accordance with this paragraph.E+W

(2)The number of hours which a person may be required to work under an unpaid work requirement must be specified in the youth rehabilitation order and must be, in aggregate—

(a)not less than 40, and

(b)not more than 240.

(3)A court may not impose an unpaid work requirement in respect of an offender unless—

(a)after hearing (if the court thinks necessary) an appropriate officer, the court is satisfied that the offender is a suitable person to perform work under such a requirement, and

(b)the court is satisfied that provision for the offender to work under such a requirement can be made under the arrangements for persons to perform work under such a requirement which exist in the local justice area in which the offender resides or is to reside.

(4)In sub-paragraph (3)(a) “an appropriate officer” means a member of a youth offending team, an officer of a local probation board or an officer of a provider of probation services.

(5)An offender in respect of whom an unpaid work requirement of a youth rehabilitation order is in force must perform for the number of hours specified in the order such work at such times as the responsible officer may specify in instructions.

(6)Subject to paragraph 17 of Schedule 2, the work required to be performed under an unpaid work requirement of a youth rehabilitation order must be performed during the period of 12 months beginning with the day on which the order takes effect.

(7)Unless revoked, a youth rehabilitation order imposing an unpaid work requirement remains in force until the offender has worked under it for the number of hours specified in it.

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Commencement Information

I10Sch. 1 para. 10 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Programme requirementE+W

11(1)In this Part of this Act “programme requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must participate in a systematic set of activities (“a programme”) specified in the order at a place or places so specified on such number of days as may be so specified.E+W

(2)A programme requirement may require the offender to reside at any place specified in the order under sub-paragraph (1) for any period so specified if it is necessary for the offender to reside there for that period in order to participate in the programme.

(3)A court may not include a programme requirement in a youth rehabilitation order unless—

(a)the programme which the court proposes to specify in the order has been recommended to the court by—

(i)a member of a youth offending team,

(ii)an officer of a local probation board, or

(iii)an officer of a provider of probation services,

as being suitable for the offender, and

(b)the court is satisfied that the programme is available at the place or places proposed to be specified.

(4)A court may not include a programme requirement in a youth rehabilitation order if compliance with that requirement would involve the co-operation of a person other than the offender and the offender's responsible officer, unless that other person consents to its inclusion.

(5)A requirement to participate in a programme operates to require the offender—

(a)in accordance with instructions given by the responsible officer to participate in the programme at the place or places specified in the order on the number of days so specified, and

(b)while at any of those places, to comply with instructions given by, or under the authority of, the person in charge of the programme.

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Commencement Information

I11Sch. 1 para. 11 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Attendance centre requirementE+W

12(1)In this Part of this Act “attendance centre requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must attend at an attendance centre specified in the order for such number of hours as may be so specified.E+W

(2)The aggregate number of hours for which the offender may be required to attend at an attendance centre—

(a)if the offender is aged 16 or over at the time of conviction, must be—

(i)not less than 12, and

(ii)not more than 36;

(b)if the offender is aged 14 or over but under 16 at the time of conviction, must be—

(i)not less than 12, and

(ii)not more than 24;

(c)if the offender is aged under 14 at the time of conviction, must not be more than 12.

(3)A court may not include an attendance centre requirement in a youth rehabilitation order unless it—

(a)has been notified by the Secretary of State that—

(i)an attendance centre is available for persons of the offender's description, and

(ii)provision can be made at the centre for the offender, and

(b)is satisfied that the attendance centre proposed to be specified is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances.

(4)The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer.

(5)The subsequent hours are to be fixed by the officer in charge of the centre—

(a)in accordance with arrangements made by the responsible officer, and

(b)having regard to the offender's circumstances.

(6)An offender may not be required under this paragraph to attend at an attendance centre—

(a)on more than one occasion on any day, or

(b)for more than three hours on any occasion.

(7)A requirement to attend at an attendance centre for any period on any occasion operates as a requirement—

(a)to attend at the centre at the beginning of the period, and

(b)during that period, to engage in occupation, or receive instruction, under the supervision of and in accordance with instructions given by, or under the authority of, the officer in charge of the centre, whether at the centre or elsewhere.

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Commencement Information

I12Sch. 1 para. 12 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Prohibited activity requirementE+W

13(1)In this Part of this Act “prohibited activity requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must refrain from participating in activities specified in the order—E+W

(a)on a day or days so specified, or

(b)during a period so specified.

(2)A court may not include a prohibited activity requirement in a youth rehabilitation order unless it has consulted—

(a)a member of a youth offending team,

(b)an officer of a local probation board, or

(c)an officer of a provider of probation services.

(3)The requirements that may by virtue of this paragraph be included in a youth rehabilitation order include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968 (c. 27).

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Commencement Information

I13Sch. 1 para. 13 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Curfew requirementE+W

14(1)In this Part of this Act “curfew requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must remain, for periods specified in the order, at a place so specified.E+W

(2)A youth rehabilitation order imposing a curfew requirement may specify different places or different periods for different days, but may not specify periods which amount to less than 2 hours or more than [F116] hours in any day.

(3)A youth rehabilitation order imposing a curfew requirement may not specify periods which fall outside the period of [F212] months beginning with the day on which the requirement first takes effect.

(4)Before making a youth rehabilitation order imposing a curfew requirement, the court must obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).

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Amendments (Textual)

Commencement Information

I14Sch. 1 para. 14 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Exclusion requirementE+W

15(1)In this Part of this Act “exclusion requirement”, in relation to a youth rehabilitation order, means a provision prohibiting the offender from entering a place specified in the order for a period so specified.E+W

(2)The period specified must not be more than 3 months.

(3)An exclusion requirement—

(a)may provide for the prohibition to operate only during the periods specified in the order, and

(b)may specify different places for different periods or days.

(4)In this paragraph “place” includes an area.

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Commencement Information

I15Sch. 1 para. 15 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Residence requirementE+W

16(1)In this Part of this Act, “residence requirement”, in relation to a youth rehabilitation order, means a requirement that, during the period specified in the order, the offender must reside—E+W

(a)with an individual specified in the order, or

(b)at a place specified in the order.

(2)A court may not by virtue of sub-paragraph (1)(a) include in a youth rehabilitation order a requirement that the offender reside with an individual unless that individual has consented to the requirement.

(3)In this paragraph, a residence requirement falling within sub-paragraph (1)(b) is referred to as “a place of residence requirement”.

(4)A court may not include a place of residence requirement in a youth rehabilitation order unless the offender was aged 16 or over at the time of conviction.

(5)If the order so provides, a place of residence requirement does not prohibit the offender from residing, with the prior approval of the responsible officer, at a place other than that specified in the order.

(6)Before making a youth rehabilitation order containing a place of residence requirement, the court must consider the home surroundings of the offender.

(7)A court may not specify a hostel or other institution as the place where an offender must reside for the purposes of a place of residence requirement except on the recommendation of—

(a)a member of a youth offending team,

(b)an officer of a local probation board,

(c)an officer of a provider of probation services, or

(d)a social worker of a local authority.

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Commencement Information

I16Sch. 1 para. 16 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Local authority residence requirementE+W

17(1)In this Part of this Act, “local authority residence requirement”, in relation to a youth rehabilitation order, means a requirement that, during the period specified in the order, the offender must reside in accommodation provided by or on behalf of a local authority specified in the order for the purposes of the requirement.E+W

(2)A youth rehabilitation order which imposes a local authority residence requirement may also stipulate that the offender is not to reside with a person specified in the order.

(3)A court may not include a local authority residence requirement in a youth rehabilitation order made in respect of an offence unless it is satisfied—

(a)that the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and

(b)that the imposition of that requirement will assist in the offender's rehabilitation.

(4)A court may not include a local authority residence requirement in a youth rehabilitation order unless it has consulted—

(a)a parent or guardian of the offender (unless it is impracticable to consult such a person), and

(b)the local authority which is to receive the offender.

(5)A youth rehabilitation order which imposes a local authority residence requirement must specify, as the local authority which is to receive the offender, the local authority in whose area the offender resides or is to reside.

(6)Any period specified in a youth rehabilitation order as a period for which the offender must reside in accommodation provided by or on behalf of a local authority must—

(a)not be longer than 6 months, and

(b)not include any period after the offender has reached the age of 18.

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Commencement Information

I17Sch. 1 para. 17 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Fostering requirementE+W

18(1)In this Part of this Act “fostering requirement”, in relation to a youth rehabilitation order, means a requirement that, for a period specified in the order, the offender must reside with a local authority foster parent.E+W

(2)A period specified in a youth rehabilitation order as a period for which the offender must reside with a local authority foster parent must—

(a)end no later than the end of the period of 12 months beginning with the date on which the requirement first has effect (but subject to paragraphs 6(9), 8(9) and 16(2) of Schedule 2), and

(b)not include any period after the offender has reached the age of 18.

(3)A youth rehabilitation order which imposes a fostering requirement must specify the local authority which is to place the offender with a local authority foster parent under section [F322C] of the Children Act 1989 (c. 41) [F4or section 81 of the Social Services and Well-being (Wales) Act 2014.]

(4)The authority so specified must be the local authority in whose area the offender resides or is to reside.

(5)If at any time during the period specified under sub-paragraph (1), the responsible officer notifies the offender—

(a)that no suitable local authority foster parent is available, and

(b)that the responsible officer has applied or proposes to apply under Part 3 or 4 of Schedule 2 for the revocation or amendment of the order,

the fostering requirement is, until the determination of the application, to be taken to require the offender to reside in accommodation provided by or on behalf of a local authority.

(6)This paragraph does not affect the power of a local authority to place with a local authority foster parent an offender in respect of whom a local authority residence requirement is imposed.

(7)A court may not include a fostering requirement in a youth rehabilitation order unless the court has been notified by the Secretary of State that arrangements for implementing such a requirement are available in the area of the local authority which is to place the offender with a local authority foster parent.

(8)In this paragraph, “local authority foster parent” has the same meaning as it has in [F5section 105(1) of] the Children Act 1989.

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Amendments (Textual)

F3Word in Sch. 1 para. 18(3) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 21; S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)

Commencement Information

I18Sch. 1 para. 18 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Pre-conditions to imposing local authority residence requirement or fostering requirementE+W

19(1)A court may not include a local authority residence requirement or a fostering requirement in a youth rehabilitation order in respect of an offender unless—E+W

(a)the offender was legally represented at the relevant time in court, or

(b)either of the conditions in sub-paragraph (2) is satisfied.

(2)Those conditions are—

(a)[F6that representation was made available to the offender for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the offender's conduct,] or

(b)that the offender has been informed of the right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.

(3)In this paragraph—

  • the proceedings” means—

    (a)

    the whole proceedings, or

    (b)

    the part of the proceedings relating to the imposition of the local authority residence requirement or the fostering requirement;

  • the relevant time” means the time when the court is considering whether to impose that requirement.

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Amendments (Textual)

Commencement Information

I19Sch. 1 para. 19 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Mental health treatment requirementE+W

20(1)In this Part of this Act “mental health treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment by or under the direction of a registered medical practitioner or a [F7registered psychologist] (or both, for different periods) with a view to the improvement of the offender's mental condition.E+W

(2)The treatment required during a period specified under sub-paragraph (1) must be such one of the following kinds of treatment as may be specified in the youth rehabilitation order—

(a)treatment as a resident patient in [F8a] care home within the meaning of the Care Standards Act 2000 (c. 14)[F9, an independent hospital] or a hospital within the meaning of the Mental Health Act 1983 (c. 20), but not in hospital premises where high security psychiatric services within the meaning of that Act are provided;

(b)treatment as a non-resident patient at such institution or place as may be specified in the order;

(c)treatment by or under the direction of such registered medical practitioner or [F10registered psychologist] (or both) as may be so specified;

but the order must not otherwise specify the nature of the treatment.

(3)A court may not include a mental health treatment requirement in a youth rehabilitation order unless—

(a)the court is satisfiedF11... that the mental condition of the offender—

(i)is such as requires and may be susceptible to treatment, but

(ii)is not such as to warrant the making of a hospital order or guardianship order within the meaning of [F12the Mental Health Act 1983],

(b)the court is also satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including, where the offender is to be required to submit to treatment as a resident patient, arrangements for the reception of the offender), and

(c)the offender has expressed willingness to comply with the requirement.

(4)While the offender is under treatment as a resident patient in pursuance of a mental health treatment requirement of a youth rehabilitation order, the responsible officer is to carry out the supervision of the offender to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

[F13(4A)In sub-paragraph (2) “independent hospital”—

(a)in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and

(b)in relation to Wales, has the same meaning as in the Care Standards Act 2000.]

F14(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(6)In this paragraph and paragraph 21, “registered psychologist” means a person for the time being registered in the part of the register maintained under the Health Professions Order 2001 which relates to practitioner psychologists.]

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Amendments (Textual)

Commencement Information

I20Sch. 1 para. 20 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Mental health treatment at place other than that specified in orderE+W

21(1)Where the registered medical practitioner or [F16 registered psychologist ] by whom or under whose direction an offender is being treated in pursuance of a mental health treatment requirement is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—E+W

(a)is not specified in the youth rehabilitation order, and

(b)is one in or at which the treatment of the offender will be given by or under the direction of a registered medical practitioner or chartered psychologist,

the medical practitioner or psychologist may make arrangements for the offender to be treated accordingly.

(2)Such arrangements as are mentioned in sub-paragraph (1) may only be made if the offender has expressed willingness for the treatment to be given as mentioned in that sub-paragraph.

(3)Such arrangements as are mentioned in sub-paragraph (1) may provide for part of the treatment to be provided to the offender as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the youth rehabilitation order.

(4)Where any such arrangements as are mentioned in sub-paragraph (1) are made for the treatment of an offender—

(a)the registered medical practitioner or [F17 registered psychologist ] by whom the arrangements are made must give notice in writing to the offender's responsible officer, specifying the institution or place in or at which the treatment is to be carried out, and

(b)the treatment provided for by the arrangements is deemed to be treatment to which the offender is required to submit in pursuance of the youth rehabilitation order.

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Amendments (Textual)

Commencement Information

I21Sch. 1 para. 21 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Drug treatment requirementE+W

22(1)In this Part of this Act, “drug treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment, by or under the direction of a person so specified having the necessary qualifications or experience (“the treatment provider”), with a view to the reduction or elimination of the offender's dependency on, or propensity to misuse, drugs.E+W

(2)A court may not include a drug treatment requirement in a youth rehabilitation order unless it is satisfied—

(a)that the offender is dependent on, or has a propensity to misuse, drugs, and

(b)that the offender's dependency or propensity is such as requires and may be susceptible to treatment.

(3)The treatment required during a period specified under sub-paragraph (1) must be such one of the following kinds of treatment as may be specified in the youth rehabilitation order—

(a)treatment as a resident in such institution or place as may be specified in the order, or

(b)treatment as a non-resident at such institution or place, and at such intervals, as may be so specified,

but the order must not otherwise specify the nature of the treatment.

(4)A court may not include a drug treatment requirement in a youth rehabilitation order unless—

(a)the court has been notified by the Secretary of State that arrangements for implementing drug treatment requirements are in force in the local justice area in which the offender resides or is to reside,

(b)the court is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including, where the offender is to be required to submit to treatment as a resident, arrangements for the reception of the offender),

(c)the requirement has been recommended to the court as suitable for the offender by a member of a youth offending team, an officer of a local probation board or an officer of a provider of probation services, and

(d)the offender has expressed willingness to comply with the requirement.

(5)In this paragraph “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38).

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Commencement Information

I22Sch. 1 para. 22 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Drug testing requirementE+W

23(1)In this Part of this Act, “drug testing requirement”, in relation to a youth rehabilitation order, means a requirement that, for the purpose of ascertaining whether there is any drug in the offender's body during any treatment period, the offender must, during that period, provide samples in accordance with instructions given by the responsible officer or the treatment provider.E+W

(2)In sub-paragraph (1)—

  • drug” has the same meaning as in paragraph 22,

  • treatment period” means a period specified in the youth rehabilitation order as a period during which the offender must submit to treatment as mentioned in sub-paragraph (1) of that paragraph, and

  • the treatment provider” has the meaning given by that sub-paragraph.

(3)A court may not include a drug testing requirement in a youth rehabilitation order unless—

(a)the court has been notified by the Secretary of State that arrangements for implementing drug testing requirements are in force in the local justice area in which the offender resides or is to reside,

(b)the order also imposes a drug treatment requirement, and

(c)the offender has expressed willingness to comply with the requirement.

(4)A youth rehabilitation order which imposes a drug testing requirement—

(a)must specify for each month the minimum number of occasions on which samples are to be provided, and

(b)may specify—

(i)times at which and circumstances in which the responsible officer or treatment provider may require samples to be provided, and

(ii)descriptions of the samples which may be so required.

(5)A youth rehabilitation order which imposes a drug testing requirement must provide for the results of tests carried out otherwise than by the responsible officer on samples provided by the offender in pursuance of the requirement to be communicated to the responsible officer.

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Commencement Information

I23Sch. 1 para. 23 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Intoxicating substance treatment requirementE+W

24(1)In this Part of this Act, “intoxicating substance treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment, by or under the direction of a person so specified having the necessary qualifications or experience, with a view to the reduction or elimination of the offender's dependency on or propensity to misuse intoxicating substances.E+W

(2)A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless it is satisfied—

(a)that the offender is dependent on, or has a propensity to misuse, intoxicating substances, and

(b)that the offender's dependency or propensity is such as requires and may be susceptible to treatment.

(3)The treatment required during a period specified under sub-paragraph (1) must be such one of the following kinds of treatment as may be specified in the youth rehabilitation order—

(a)treatment as a resident in such institution or place as may be specified in the order, or

(b)treatment as a non-resident at such institution or place, and at such intervals, as may be so specified,

but the order must not otherwise specify the nature of the treatment.

(4)A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless—

(a)the court is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including, where the offender is to be required to submit to treatment as a resident, arrangements for the reception of the offender),

(b)the requirement has been recommended to the court as suitable for the offender by a member of a youth offending team, an officer of a local probation board or an officer of a provider of probation services, and

(c)the offender has expressed willingness to comply with the requirement.

(5)In this paragraph “intoxicating substance” means—

(a)alcohol, or

(b)any other substance or product (other than a drug) which is, or the fumes of which are, capable of being inhaled or otherwise used for the purpose of causing intoxication.

(6)In sub-paragraph (5)(b) “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38).

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Commencement Information

I24Sch. 1 para. 24 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Education requirementE+W

25(1)In this Part of this Act “education requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must comply, during a period or periods specified in the order, with approved education arrangements.E+W

(2)For this purpose, “approved education arrangements” means arrangements for the offender's education—

(a)made for the time being by the offender's parent or guardian, and

(b)approved by the [F18local authority] specified in the order.

(3)The [F18local authority] so specified must be the [F18local authority] for the area in which the offender resides or is to reside.

(4)A court may not include an education requirement in a youth rehabilitation order unless—

(a)it has consulted the [F18local authority] proposed to be specified in the order with regard to the proposal to include the requirement, and

(b)it is satisfied—

(i)that, in the view of that [F18local authority] , arrangements exist for the offender to receive efficient full-time education suitable to the offender's age, ability, aptitude and special educational needs (if any), and

(ii)that, having regard to the circumstances of the case, the inclusion of the education requirement is necessary for securing the good conduct of the offender or for preventing the commission of further offences.

(5)Any period specified in a youth rehabilitation order as a period during which an offender must comply with approved education arrangements must not include any period after the offender has ceased to be of compulsory school age.

(6)In this paragraph, “ [F18local authority] ” and “parent” have the same meanings as in the Education Act 1996 (c. 56).

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Amendments (Textual)

Commencement Information

I25Sch. 1 para. 25 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Electronic monitoring requirementE+W

26(1)In this Part of this Act “electronic monitoring requirement”, in relation to a youth rehabilitation order, means a requirement for securing the electronic monitoring of the offender's compliance with other requirements imposed by the order during a period specified in the order or determined by the responsible officer in accordance with the order.E+W

(2)Where an electronic monitoring requirement is required to take effect during a period determined by the responsible officer in accordance with the youth rehabilitation order, the responsible officer must, before the beginning of that period, notify—

(a)the offender,

(b)the person responsible for the monitoring, and

(c)any person falling within sub-paragraph (3)(b),

of the time when the period is to begin.

(3)Where—

(a)it is proposed to include an electronic monitoring requirement in a youth rehabilitation order, but

(b)there is a person (other than the offender) without whose co-operation it will not be practicable to secure that the monitoring takes place,

the requirement may not be included in the order without that person's consent.

(4)A youth rehabilitation order which imposes an electronic monitoring requirement must include provision for making a person responsible for the monitoring.

(5)The person who is made responsible for the monitoring must be of a description specified in an order made by the Secretary of State.

(6)A court may not include an electronic monitoring requirement in a youth rehabilitation order unless the court—

(a)has been notified by the Secretary of State that arrangements for electronic monitoring of offenders are available—

(i)in the local justice area proposed to be specified in the order, and

(ii)for each requirement mentioned in the first column of the Table in sub-paragraph (7) which the court proposes to include in the order, in the area in which the relevant place is situated, and

(b)is satisfied that the necessary provision can be made under the arrangements currently available.

(7)For the purposes of sub-paragraph (6), “relevant place”, in relation to a requirement mentioned in the first column of the following Table which the court proposes to include in the order, means the place mentioned in relation to it in the second column of the Table.

Proposed requirement of youth rehabilitation orderRelevant place
Curfew requirement.The place which the court proposes to specify in the order for the purposes of that requirement.
Exclusion requirement.The place (within the meaning of paragraph 15) which the court proposes to specify in the order.
Attendance centre requirement.The attendance centre which the court proposes to specify in the order.
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Commencement Information

I26Sch. 1 para. 26(1)-(4) (6) (7) in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

I27Sch. 1 para. 26(5) in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(g)

Power to amend limitsE+W

27(1)The Secretary of State may by order amend—E+W

(a)paragraph 10(2) (unpaid work requirement), or

(b)paragraph 14(2) (curfew requirement),

by substituting, for the maximum number of hours for the time being specified in that provision, such other number of hours as may be specified in the order.

(2)The Secretary of State may by order amend any of the provisions mentioned in sub-paragraph (3) by substituting, for any period for the time being specified in the provision, such other period as may be specified in the order.

(3)Those provisions are—

(a)paragraph 14(3) (curfew requirement);

(b)paragraph 15(2) (exclusion requirement);

(c)paragraph 17(6) (local authority residence requirement);

(d)paragraph 18(2) (fostering requirement).

(4)An order under this paragraph which amends paragraph 18(2) may also make consequential amendments of paragraphs 6(9), 8(9) and 16(2) of Schedule 2.

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Commencement Information

I28Sch. 1 para. 27 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Part 3 E+WProvisions applying where court proposes to make youth rehabilitation order

Family circumstancesE+W

28Before making a youth rehabilitation order, the court must obtain and consider information about the offender's family circumstances and the likely effect of such an order on those circumstances.E+W

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Commencement Information

I29Sch. 1 para. 28 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Compatibility of requirements, requirement to avoid conflict with religious beliefs, etc.E+W

29(1)Before making—E+W

(a)a youth rehabilitation order imposing two or more requirements, or

(b)two or more youth rehabilitation orders in respect of associated offences,

the court must consider whether, in the circumstances of the case, the requirements to be imposed by the order or orders are compatible with each other.

(2)Sub-paragraph (1) is subject to paragraphs 2, 3(4) and 4(4).

(3)The court must ensure, as far as practicable, that any requirement imposed by a youth rehabilitation order is such as to avoid—

(a)any conflict with the offender's religious beliefs,

(b)any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and

(c)any conflict with the requirements of any other youth rehabilitation order to which the offender may be subject.

(4)The Secretary of State may by order provide that sub-paragraph (3) is to have effect with such additional restrictions as may be specified in the order.

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Commencement Information

I30Sch. 1 para. 29 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Date of taking effect and other existing ordersE+W

30(1)Subject to [F19 sub-paragraphs (1A) and (2) ], a youth rehabilitation order takes effect on F20... the day on which the order is made.E+W

[F21(1A)A court making a youth rehabilitation order may order that it is to take effect instead on a later date.]

(2)[F22 In particular, if ] a detention and training order is in force in respect of an offender, a court making a youth rehabilitation order in respect of the offender may order that it is to take effect instead—

(a)when the period of supervision begins in relation to the detention and training order in accordance with section 103(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), or

(b)on the expiry of the term of the detention and training order.

(3)In sub-paragraph (2)—

(a)the references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006 (c. 52) (detention and training orders made by service courts); and

(b)the reference to section 103(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000 includes that provision as applied by section 213(1) of the Armed Forces Act 2006.

(4)A court must not make a youth rehabilitation order in respect of an offender at a time when—

(a)another youth rehabilitation order, or

(b)a reparation order made under section 73(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6),

is in force in respect of the offender, unless when it makes the order it revokes the earlier order.

(5)Where the earlier order is revoked under sub-paragraph (4), paragraph 24 of Schedule 2 (provision of copies of orders) applies to the revocation as it applies to the revocation of a youth rehabilitation order.

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Amendments (Textual)

Commencement Information

I31Sch. 1 para. 30 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Concurrent and consecutive ordersE+W

31(1)This paragraph applies where the court is dealing with an offender who has been convicted of two or more associated offences.E+W

(2)If, in respect of one of the offences, the court makes an order of any of the following kinds—

(a)a youth rehabilitation order with intensive supervision and surveillance,

(b)a youth rehabilitation order with fostering, or

(c)any other youth rehabilitation order,

it may not make an order of any other of those kinds in respect of the other offence, or any of the other offences.

(3)If the court makes two or more youth rehabilitation orders with intensive supervision and surveillance, or with fostering, both or all of the orders must take effect at the same time (in accordance with paragraph 30(1) or (2)).

(4)Where the court includes requirements of the same kind in two or more youth rehabilitation orders, it must direct, in relation to each requirement of that kind, whether—

(a)it is to be concurrent with the other requirement or requirements of that kind, or any of them, or

(b)it and the other requirement or requirements of that kind, or any of them, are to be consecutive.

(5)But the court may not direct that two or more fostering requirements are to be consecutive.

(6)Where the court directs that two or more requirements of the same kind are to be consecutive—

(a)the number of hours, days or months specified in relation to one of them is additional to the number of hours, days, or months specified in relation to the other or others, but

(b)the aggregate number of hours, days or months specified in relation to both or all of them must not exceed the maximum number which may be specified in relation to any one of them.

(7)For the purposes of sub-paragraphs (4) and (6), requirements are of the same kind if they fall within the same paragraph of Part 2 of this Schedule.

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Commencement Information

I32Sch. 1 para. 31 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Part 4 E+WProvisions applying where court makes youth rehabilitation order etc.

Date for compliance with requirements to be specified in orderE+W

32(1)A youth rehabilitation order must specify a date [F23(“the end date”)], not more than 3 years after the date on which the order takes effect, by which all the requirements in it must have been complied with.E+W

[F24(2)If a youth rehabilitation order imposes two or more different requirements falling within Part 2 of this Schedule, the order may also specify a date by which each of those requirements must have been complied with; and the last of those dates must be the same as the end date.]

(3)In the case of a youth rehabilitation order with intensive supervision and surveillance, the date specified for the purposes of sub-paragraph (1) must not be earlier than 6 months after the date on which the order takes effect.

[F25(4)Subject to paragraph 10(7) (duration of youth rehabilitation order imposing unpaid work requirement), a youth rehabilitation order ceases to be in force on the end date.]

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Amendments (Textual)

Commencement Information

I33Sch. 1 para. 32 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Local justice area to be specified in orderE+W

33A youth rehabilitation order must specify the local justice area in which the offender resides or will reside.E+W

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Commencement Information

I34Sch. 1 para. 33 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Provision of copies of ordersE+W

34(1)The court by which any youth rehabilitation order is made must forthwith provide copies of the order—E+W

(a)to the offender,

(b)if the offender is aged under 14, to the offender's parent or guardian, and

(c)to a member of a youth offending team assigned to the court, to an officer of a local probation board assigned to the court or to an officer of a provider of probation services.

(2)Sub-paragraph (3) applies where a youth rehabilitation order—

(a)is made by the Crown Court, or

(b)is made by a magistrates' court which does not act in the local justice area specified in the order.

(3)The court making the order must—

(a)provide to the magistrates' court acting in the local justice area specified in the order—

(i)a copy of the order, and

(ii)such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order, and

(b)provide a copy of the order to the local probation board acting for that area or (as the case may be) a provider of probation services operating in that area.

(4)Where a youth rehabilitation order imposes any requirement specified in the first column of the following Table, the court by which the order is made must also forthwith provide the person specified in relation to that requirement in the second column of that Table with a copy of so much of the order as relates to that requirement.

RequirementPerson to whom copy of requirement is to be given
An activity requirement specifying a place under paragraph 6(1)(a).The person in charge of that place.
An activity requirement specifying an activity under paragraph 6(1)(b).The person in charge of that activity.
An activity requirement specifying a residential exercise under paragraph 6(1)(c).The person in charge of the place or activity specified under paragraph 6(4) in relation to that residential exercise.
An attendance centre requirement.The officer in charge of the attendance centre specified under paragraph 12(1).
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender.The person intended to be protected.
A residence requirement requiring residence with an individual.The individual specified under paragraph 16(1)(a).
A place of residence requirement (within the meaning of paragraph 16) relating to residence in an institution.The person in charge of the institution.
A local authority residence requirement.The local authority specified under paragraph 17(1).
A mental health treatment requirement.The person in charge of the institution or place specified under sub-paragraph (2)(a) or (b) of paragraph 20, or the person specified under sub-paragraph (2)(c) of that paragraph.
A drug treatment requirement.The treatment provider specified under paragraph 22(1).
A drug testing requirement.The treatment provider specified under paragraph 22(1).
An intoxicating substance treatment requirementThe person specified under paragraph 24(1).
An education requirement.The [F26local authority] specified under paragraph 25(2).
An electronic monitoring requirement.

Any person who by virtue of paragraph 26(4) will be responsible for the electronic monitoring.

Any person without whose consent the requirement could not have been included in the order.

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Amendments (Textual)

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Amendments (Textual)

Commencement Information

I35Sch. 1 para. 34 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Power to provide for court review of ordersE+W

35(1)The Secretary of State may by order—E+W

(a)enable or require a court making a youth rehabilitation order to provide for the order to be reviewed periodically by that or another court,

(b)enable a court to amend a youth rehabilitation order so as to include or remove a provision for review by a court, and

(c)make provision as to the timing and conduct of reviews and as to the powers of the court on a review.

(2)An order under this paragraph may, in particular, make provision in relation to youth rehabilitation orders corresponding to any provision made by sections 191 and 192 of the Criminal Justice Act 2003 (c. 44) (reviews of suspended sentence orders) in relation to suspended sentence orders.

(3)An order under this paragraph may repeal or amend any provision of—

(a)this Part of this Act, or

(b)Chapter 1 of Part 12 of the Criminal Justice Act 2003 (general provisions about sentencing).

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Commencement Information

I36Sch. 1 para. 35 in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(g)

Order made by Crown Court: direction in relation to further proceedingsE+W

36(1)Where the Crown Court makes a youth rehabilitation order, it may include in the order a direction that further proceedings relating to the order be in a youth court or other magistrates' court (subject to paragraph 7 of Schedule 2).E+W

(2)In sub-paragraph (1), “further proceedings”, in relation to a youth rehabilitation order, means proceedings—

(a)for any failure to comply with the order within the meaning given by paragraph 1(2)(b) of Schedule 2, or

(b)on any application for amendment or revocation of the order under Part 3 or 4 of that Schedule.

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Commencement Information

I37Sch. 1 para. 36 in force at 30.11.2009 by S.I. 2009/3074, art. 2(m)

Section 2

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

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Modifications etc. (not altering text)

C1Sch. 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 1E+WPreliminary

InterpretationE+W

1(1)In this Schedule, “the offender”, in relation to a youth rehabilitation order, means the person in respect of whom the order is made.E+W

(2)In this Schedule—

(a)any reference (however expressed) to an offender's compliance with a youth rehabilitation order is a reference to the offender's compliance with—

(i)the requirement or requirements imposed by the order, and

(ii)if the order imposes an attendance centre requirement, rules made under section 222(1)(d) or (e) of the Criminal Justice Act 2003 (c. 44) (“attendance centre rules”), and

(b)any reference (however expressed) to the offender's failure to comply with the order is a reference to any failure of the offender to comply—

(i)with a requirement imposed by the order, or

(ii)if the order imposes an attendance centre requirement, with attendance centre rules.

(3)For the purposes of this Schedule—

(a)a requirement falling within any paragraph of Part 2 of Schedule 1 is of the same kind as any other requirement falling within that paragraph, and

(b)an electronic monitoring requirement is a requirement of the same kind as any requirement falling within Part 2 of Schedule 1 to which it relates.

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Commencement Information

I38Sch. 2 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Orders made on appealE+W

2Where a youth rehabilitation order has been made on appeal, for the purposes of this Schedule it is to be treated—E+W

(a)if it was made on an appeal from a magistrates' court, as having been made by a magistrates' court;

(b)if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, as having been made by the Crown Court.

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Commencement Information

I39Sch. 2 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Part 2E+WBreach of requirement of order

Duty to give warningE+W

3(1)If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with a youth rehabilitation order, the responsible officer must give the offender a warning under this paragraph unless under paragraph 4(1) or (3) the responsible officer causes an information to be laid before a justice of the peace in respect of the failure.E+W

(2)A warning under this paragraph must—

(a)describe the circumstances of the failure,

(b)state that the failure is unacceptable, and

(c)state that the offender will be liable to be brought before a court—

(i)in a case where the warning is given during the warned period relating to a previous warning under this paragraph, if during that period the offender again fails to comply with the order, or

(ii)in any other case, if during the warned period relating to the warning, the offender fails on more than one occasion to comply with the order.

(3)The responsible officer must, as soon as practicable after the warning has been given, record that fact.

(4)In this paragraph, “warned period”, in relation to a warning under this paragraph, means the period of 12 months beginning with the date on which the warning was given.

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Commencement Information

I40Sch. 2 para. 3 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Breach of orderE+W

4(1)If the responsible officer—E+W

(a)has given a warning (“the first warning”) under paragraph 3 to the offender in respect of a youth rehabilitation order,

(b)during the warned period relating to the first warning, has given another warning under that paragraph to the offender in respect of a failure to comply with the order, and

(c)is of the opinion that, during the warned period relating to the first warning, the offender has again failed without reasonable excuse to comply with the order,

the responsible officer must cause an information to be laid before a justice of the peace in respect of the failure mentioned in paragraph (c).

(2)But sub-paragraph (1) does not apply if the responsible officer is of the opinion that there are exceptional circumstances which justify not causing an information to be so laid.

(3)If—

(a)the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with a youth rehabilitation order, and

(b)sub-paragraph (1) does not apply (in a case not within sub-paragraph (2)),

the responsible officer may cause an information to be laid before a justice of the peace in respect of that failure.

(4)In this paragraph, “warned period” has the same meaning as in paragraph 3.

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Commencement Information

I41Sch. 2 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Issue of summons or warrant by justice of the peaceE+W

5(1)If at any time while a youth rehabilitation order is in force it appears on information to a justice of the peace that an offender has failed to comply with a youth rehabilitation order, the justice may—E+W

(a)issue a summons requiring the offender to appear at the place and time specified in it, or

(b)if the information is in writing and on oath, issue a warrant for the offender's arrest.

(2)Any summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a)if the youth rehabilitation order was made by the Crown Court and does not include a direction under paragraph 36 of Schedule 1, before the Crown Court, and

(b)in any other case, before the appropriate court.

(3)In sub-paragraph (2), “appropriate court” means—

(a)if the offender is aged under 18, a youth court acting in the relevant local justice area, and

(b)if the offender is aged 18 or over, a magistrates' court (other than a youth court) acting in that local justice area.

(4)In sub-paragraph (3), “relevant local justice area” means—

(a)the local justice area in which the offender resides, or

(b)if it is not known where the offender resides, the local justice area specified in the youth rehabilitation order.

(5)Sub-paragraphs (6) and (7) apply where the offender does not appear in answer to a summons issued under this paragraph.

(6)If the summons required the offender to appear before the Crown Court, the Crown Court may—

(a)unless the summons was issued under this sub-paragraph, issue a further summons requiring the offender to appear at the place and time specified in it, or

(b)in any case, issue a warrant for the arrest of the offender.

(7)If the summons required the offender to appear before a magistrates' court, the magistrates' court may issue a warrant for the arrest of the offender.

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Commencement Information

I42Sch. 2 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Powers of magistrates' courtE+W

6(1)This paragraph applies where—E+W

(a)an offender appears or is brought before a youth court or other magistrates' court under paragraph 5, and

(b)it is proved to the satisfaction of the court that the offender has failed without reasonable excuse to comply with the youth rehabilitation order.

(2)The court may deal with the offender in respect of that failure in any one of the following ways—

(a)by ordering the offender to pay a fine of an amount not exceeding [F27£2,500];

(b)by amending the terms of the youth rehabilitation order so as to impose any requirement which could have been included in the order when it was made—

(i)in addition to, or

(ii)in substitution for,

any requirement or requirements already imposed by the order;

(c)by dealing with the offender, for the offence in respect of which the order was made, in any way in which the court could have dealt with the offender for that offence (had the offender been before that court to be dealt with for it).

(3)Sub-paragraph (2)(b) is subject to sub-paragraphs (6) to (9).

(4)In dealing with the offender under sub-paragraph (2), the court must take into account the extent to which the offender has complied with the youth rehabilitation order.

(5)A fine imposed under sub-paragraph (2)(a) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(6)[F28Subject to sub-paragraph (6A),] any requirement imposed under sub-paragraph (2)(b) must be capable of being complied with before the date specified under paragraph 32(1) of Schedule 1.

[F29(6A)When imposing a requirement under sub-paragraph (2)(b), the court may amend the order to substitute a later date for that specified under paragraph 32(1) of Schedule 1.

(6B)A date substituted under sub-paragraph (6A)—

(a)may not fall outside the period of six months beginning with the date previously specified under paragraph 32(1) of Schedule 1;

(b)subject to that, may fall more than three years after the date on which the order took effect.

(6C)The power under sub-paragraph (6A) may not be exercised in relation to an order if that power or the power in paragraph 8(6A) has previously been exercised in relation to that order.

(6D)A date substituted under sub-paragraph (6A) is to be treated as having been specified in relation to the order under paragraph 32(1) of Schedule 1.]

(7)Where—

(a)the court is dealing with the offender under sub-paragraph (2)(b), and

(b)the youth rehabilitation order does not contain an unpaid work requirement,

paragraph 10(2) of Schedule 1 applies in relation to the inclusion of such a requirement as if for “40” there were substituted “ 20 ”.

(8)The court may not under sub-paragraph (2)(b) impose—

(a)an extended activity requirement, or

(b)a fostering requirement,

if the order does not already impose such a requirement.

(9)Where—

(a)the order imposes a fostering requirement (the “original requirement”), and

(b)under sub-paragraph (2)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement,

paragraph 18(2) of Schedule 1 applies in relation to the substitute requirement as if the reference to the period of 12 months beginning with the date on which the original requirement first had effect were a reference to the period of 18 months beginning with that date.

(10)Where—

(a)the court deals with the offender under sub-paragraph (2)(b), and

(b)it would not otherwise have the power to amend the youth rehabilitation order under paragraph 13 (amendment by reason of change of residence),

that paragraph has effect as if references in it to the appropriate court were references to the court which is dealing with the offender.

(11)Where the court deals with the offender under sub-paragraph (2)(c), it must revoke the youth rehabilitation order if it is still in force.

(12)Sub-paragraphs (13) to (15) apply where—

(a)the court is dealing with the offender under sub-paragraph (2)(c), and

(b)the offender has wilfully and persistently failed to comply with a youth rehabilitation order.

(13)The court may impose a youth rehabilitation order with intensive supervision and surveillance notwithstanding anything in section 1(4)(a) or (b).

(14)If—

(a)the order is a youth rehabilitation order with intensive supervision and surveillance, and

(b)the offence mentioned in sub-paragraph (2)(c) was punishable with imprisonment,

the court may impose a custodial sentence notwithstanding anything in section 152(2) of the Criminal Justice Act 2003 (c. 44) (general restrictions on imposing discretionary custodial sentences).

(15)If—

(a)the order is a youth rehabilitation order with intensive supervision and surveillance which was imposed by virtue of sub-paragraph (13) or paragraph 8(12), and

(b)the offence mentioned in sub-paragraph (2)(c) was not punishable with imprisonment,

for the purposes of dealing with the offender under sub-paragraph (2)(c), the court is to be taken to have had power to deal with the offender for that offence by making a detention and training order for a term not exceeding 4 months.

(16)An offender may appeal to the Crown Court against a sentence imposed under sub-paragraph (2)(c).

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Amendments (Textual)

F27Word in Sch. 2 para. 6(2)(a) substituted for Sch. 2 para. 6(2)(a)(i)(ii) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 84(2), 151(1); S.I. 2012/2906, art. 2(a) (with art. 4)

Commencement Information

I43Sch. 2 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Power of magistrates' court to refer offender to Crown CourtE+W

7(1)Sub-paragraph (2) applies if—E+W

(a)the youth rehabilitation order was made by the Crown Court and contains a direction under paragraph 36 of Schedule 1, and

(b)a youth court or other magistrates' court would (apart from that sub-paragraph) be required, or has the power, to deal with the offender in one of the ways mentioned in paragraph 6(2).

(2)The court may instead—

(a)commit the offender in custody, or

(b)release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(3)Where a court deals with the offender's case under sub-paragraph (2) it must send to the Crown Court—

(a)a certificate signed by a justice of the peace certifying that the offender has failed to comply with the youth rehabilitation order in the respect specified in the certificate, and

(b)such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

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Commencement Information

I44Sch. 2 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Powers of Crown CourtE+W

8(1)This paragraph applies where—E+W

(a)an offender appears or is brought before the Crown Court under paragraph 5 or by virtue of paragraph 7(2), and

(b)it is proved to the satisfaction of that court that the offender has failed without reasonable excuse to comply with the youth rehabilitation order.

(2)The Crown Court may deal with the offender in respect of that failure in any one of the following ways—

(a)by ordering the offender to pay a fine of an amount not exceeding [F30£2,500];

(b)by amending the terms of the youth rehabilitation order so as to impose any requirement which could have been included in the order when it was made—

(i)in addition to, or

(ii)in substitution for,

any requirement or requirements already imposed by the order;

(c)by dealing with the offender, for the offence in respect of which the order was made, in any way in which the Crown Court could have dealt with the offender for that offence.

(3)Sub-paragraph (2)(b) is subject to sub-paragraphs (6) to (9).

(4)In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the youth rehabilitation order.

(5)A fine imposed under sub-paragraph (2)(a) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(6)[F31Subject to sub-paragraph (6A),] any requirement imposed under sub-paragraph (2)(b) must be capable of being complied with before the date specified under paragraph 32(1) of Schedule 1.

[F32(6A)When imposing a requirement under sub-paragraph (2)(b), the Crown Court may amend the order to substitute a later date for that specified under paragraph 32(1) of Schedule 1.

(6B)A date substituted under sub-paragraph (6A)—

(a)may not fall outside the period of six months beginning with the date previously specified under paragraph 32(1) of Schedule 1;

(b)subject to that, may fall more than three years after the date on which the order took effect.

(6C)The power under sub-paragraph (6A) may not be exercised in relation to an order if that power or the power in paragraph 6(6A) has previously been exercised in relation to that order.

(6D)A date substituted under sub-paragraph (6A) is to be treated as having been specified in relation to the order under paragraph 32(1) of Schedule 1.]

(7)Where—

(a)the court is dealing with the offender under sub-paragraph (2)(b), and

(b)the youth rehabilitation order does not contain an unpaid work requirement,

paragraph 10(2) of Schedule 1 applies in relation to the inclusion of such a requirement as if for “40” there were substituted “ 20 ”.

(8)The court may not under sub-paragraph (2)(b) impose—

(a)an extended activity requirement, or

(b)a fostering requirement,

if the order does not already impose such a requirement.

(9)Where—

(a)the order imposes a fostering requirement (the “original requirement”), and

(b)under sub-paragraph (2)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement,

paragraph 18(2) of Schedule 1 applies in relation to the substitute requirement as if the reference to the period of 12 months beginning with the date on which the original requirement first had effect were a reference to the period of 18 months beginning with that date.

(10)Where the Crown Court deals with an offender under sub-paragraph (2)(c), it must revoke the youth rehabilitation order if it is still in force.

(11)Sub-paragraphs (12) to (14) apply where—

(a)an offender has wilfully and persistently failed to comply with a youth rehabilitation order; and

(b)the Crown Court is dealing with the offender under sub-paragraph (2)(c).

(12)The court may impose a youth rehabilitation order with intensive supervision and surveillance notwithstanding anything in section 1(4)(a) or (b).

(13)If—

(a)the order is a youth rehabilitation order with intensive supervision and surveillance, and

(b)the offence mentioned in sub-paragraph (2)(c) was punishable with imprisonment,

the court may impose a custodial sentence notwithstanding anything in section 152(2) of the Criminal Justice Act 2003 (c. 44) (general restrictions on imposing discretionary custodial sentences).

(14)If—

(a)the order is a youth rehabilitation order with intensive supervision and surveillance which was imposed by virtue of paragraph 6(13) or sub-paragraph (12), and

(b)the offence mentioned in sub-paragraph (2)(c) was not punishable with imprisonment,

for the purposes of dealing with the offender under sub-paragraph (2)(c), the Crown Court is to be taken to have had power to deal with the offender for that offence by making a detention and training order for a term not exceeding 4 months.

(15)In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the youth rehabilitation order is to be determined by the court and not by the verdict of a jury.

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Amendments (Textual)

F30Word in Sch. 2 para. 8(2)(a) substituted for Sch. 2 para. 8(2)(a)(i)(ii) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 84(3), 151(1); S.I. 2012/2906, art. 2(a) (with art. 4)

Commencement Information

I45Sch. 2 para. 8 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Restriction of powers in paragraphs 6 and 8 where treatment requiredE+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.

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Commencement Information

I46Sch. 2 para. 9 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Power to amend amounts of finesE+W

10(1)The Secretary of State may by order amend any sum for the time being specified in paragraph 6(2)(a)F33... or 8(2)(a)F33....E+W

(2)The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.

(3)In sub-paragraph (2), “the relevant date” means—

(a)if the sum specified in paragraph 6(2)(a)F34... or 8(2)(a)F34... (as the case may be) has been substituted by an order under sub-paragraph (1), the date on which the sum was last so substituted;

(b)otherwise, the date on which [F35section 84 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into force].

(4)An order under sub-paragraph (1) (a “fine amendment order”) must not have effect in relation to any youth rehabilitation order made in respect of an offence committed before the fine amendment order comes into force.

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Amendments (Textual)

Commencement Information

I47Sch. 2 para. 10 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Part 3E+WRevocation of order

Revocation of order with or without re-sentencing: powers of appropriate courtE+W

11(1)This paragraph applies where—E+W

(a)a youth rehabilitation order is in force in respect of any offender,

(b)the order—

(i)was made by a youth court or other magistrates' court, or

(ii)was made by the Crown Court and contains a direction under paragraph 36 of Schedule 1, and

(c)the offender or the responsible officer makes an application to the appropriate court under this sub-paragraph.

(2)If it appears to the appropriate court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the appropriate court may—

(a)revoke the order, or

(b)both—

(i)revoke the order, and

(ii)deal with the offender, for the offence in respect of which the order was made, in any way in which the appropriate court could have dealt with the offender for that offence (had the offender been before that court to be dealt with for it).

(3)The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (2) include the offender's making good progress or responding satisfactorily to supervision or treatment (as the case requires).

(4)In dealing with an offender under sub-paragraph (2)(b), the appropriate court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(5)A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.

(6)No application may be made by the offender under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending.

(7)If an application under sub-paragraph (1) relating to a youth rehabilitation order is dismissed, then during the period of three months beginning with the date on which it was dismissed no further such application may be made in relation to the order by any person except with the consent of the appropriate court.

(8)In this paragraph, “the appropriate court” means—

(a)if the offender is aged under 18 when the application under sub-paragraph (1) was made, a youth court acting in the local justice area specified in the youth rehabilitation order, and

(b)if the offender is aged 18 or over at that time, a magistrates' court (other than a youth court) acting in that local justice area.

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Commencement Information

I48Sch. 2 para. 11 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Revocation of order with or without re-sentencing: powers of Crown CourtE+W

12(1)This paragraph applies where—E+W

(a)a youth rehabilitation order is in force in respect of an offender,

(b)the order—

(i)was made by the Crown Court, and

(ii)does not contain a direction under paragraph 36 of Schedule 1, and

(c)the offender or the responsible officer makes an application to the Crown Court under this sub-paragraph.

(2)If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the Crown Court may—

(a)revoke the order, or

(b)both—

(i)revoke the order, and

(ii)deal with the offender, for the offence in respect of which the order was made, in any way in which the Crown Court could have dealt with the offender for that offence.

(3)The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (2) include the offender's making good progress or responding satisfactorily to supervision or treatment (as the case requires).

(4)In dealing with an offender under sub-paragraph (2)(b), the Crown Court must take into account the extent to which the offender has complied with the youth rehabilitation order.

(5)No application may be made by the offender under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending.

(6)If an application under sub-paragraph (1) relating to a youth rehabilitation order is dismissed, then during the period of three months beginning with the date on which it was dismissed no further such application may be made in relation to the order by any person except with the consent of the Crown Court.

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Commencement Information

I49Sch. 2 para. 12 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Part 4E+WAmendment of order

Amendment by appropriate courtE+W

13(1)This paragraph applies where—E+W

(a)a youth rehabilitation order is in force in respect of an offender,

(b)the order—

(i)was made by a youth court or other magistrates' court, or

(ii)was made by the Crown Court and contains a direction under paragraph 36 of Schedule 1, and

(c)an application for the amendment of the order is made to the appropriate court by the offender or the responsible officer.

(2)If the appropriate court is satisfied that the offender proposes to reside, or is residing, in a local justice area (“the new local justice area”) other than the local justice area for the time being specified in the order, the court—

(a)must, if the application under sub-paragraph (1)(c) was made by the responsible officer, or

(b)may, in any other case,

amend the youth rehabilitation order by substituting the new local justice area for the area specified in the order.

(3)Sub-paragraph (2) is subject to paragraph 15.

(4)The appropriate court may by order amend the youth rehabilitation order—

(a)by cancelling any of the requirements of the order, or

(b)by replacing any of those requirements with a requirement of the same kind which could have been included in the order when it was made.

(5)Sub-paragraph (4) is subject to paragraph 16.

(6)In this paragraph, “the appropriate court” means—

(a)if the offender is aged under 18 when the application under sub-paragraph (1) was made, a youth court acting in the local justice area specified in the youth rehabilitation order, and

(b)if the offender is aged 18 or over at that time, a magistrates' court (other than a youth court) acting in that local justice area.

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Commencement Information

I50Sch. 2 para. 13 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Amendment by Crown CourtE+W

14(1)This paragraph applies where—E+W

(a)a youth rehabilitation order is in force in respect of an offender,

(b)the order—

(i)was made by the Crown Court, and

(ii)does not contain a direction under paragraph 36 of Schedule 1, and

(c)an application for the amendment of the order is made to the Crown Court by the offender or the responsible officer.

(2)If the Crown Court is satisfied that the offender proposes to reside, or is residing, in a local justice area (“the new local justice area”) other than the local justice area for the time being specified in the order, the court—

(a)must, if the application under sub-paragraph (1)(c) was made by the responsible officer, or

(b)may, in any other case,

amend the youth rehabilitation order by substituting the new local justice area for the area specified in the order.

(3)Sub-paragraph (2) is subject to paragraph 15.

(4)The Crown Court may by order amend the youth rehabilitation order—

(a)by cancelling any of the requirements of the order, or

(b)by replacing any of those requirements with a requirement of the same kind which could have been included in the order when it was made.

(5)Sub-paragraph (4) is subject to paragraph 16.

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Commencement Information

I51Sch. 2 para. 14 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Exercise of powers under paragraph 13(2) or 14(2): further provisionsE+W

15(1)In sub-paragraphs (2) and (3), “specific area requirement”, in relation to a youth rehabilitation order, means a requirement contained in the order which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the local justice area specified in the youth rehabilitation order.E+W

(2)A court may not under paragraph 13(2) or 14(2) amend a youth rehabilitation order which contains specific area requirements unless, in accordance with paragraph 13(4) or, as the case may be, 14(4), it either—

(a)cancels those requirements, or

(b)substitutes for those requirements other requirements which can be complied with if the offender resides in the new local justice area mentioned in paragraph 13(2) or (as the case may be) 14(2).

(3)If—

(a)the application under paragraph 13(1)(c) or 14(1)(c) was made by the responsible officer, and

(b)the youth rehabilitation order contains specific area requirements,

the court must, unless it considers it inappropriate to do so, so exercise its powers under paragraph 13(4) or, as the case may be, 14(4) that it is not prevented by sub-paragraph (2) from amending the order under paragraph 13(2) or, as the case may be, 14(2).

(4)The court may not under paragraph 13(2) or, as the case may be, 14(2) amend a youth rehabilitation order imposing a programme requirement unless the court is satisfied that a programme which—

(a)corresponds as nearly as practicable to the programme specified in the order for the purposes of that requirement, and

(b)is suitable for the offender,

is available in the new local justice area.

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Commencement Information

I52Sch. 2 para. 15 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Exercise of powers under paragraph 13(4) or 14(4): further provisionsE+W

16(1)[F36Subject to paragraph 16A,] any requirement imposed under paragraph 13(4)(b) or 14(4)(b) must be capable of being complied with before the date specified under paragraph 32(1) of Schedule 1.E+W

(2)Where—

(a)a youth rehabilitation order imposes a fostering requirement (the “original requirement”), and

(b)under paragraph 13(4)(b) or 14(4)(b) a court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement,

paragraph 18(2) of Schedule 1 applies in relation to the substitute requirement as if the reference to the period of 12 months beginning with the date on which the original requirement first had effect were a reference to the period of 18 months beginning with that date.

(3)The court may not under paragraph 13(4) or 14(4) impose—

(a)a mental health treatment requirement,

(b)a drug treatment requirement, or

(c)a drug testing requirement,

unless the offender has expressed willingness to comply with the requirement.

(4)If an offender fails to express willingness to comply with a mental health treatment requirement, a drug treatment requirement or a drug testing requirement which the court proposes to impose under paragraph 13(4) or 14(4), the court may—

(a)revoke the youth rehabilitation order, and

(b)deal with the offender, for the offence in respect of which the order was made, in any way in which that court could have dealt with the offender for that offence (had the offender been before that court to be dealt with for it).

(5)In dealing with the offender under sub-paragraph (4)(b), the court must take into account the extent to which the offender has complied with the order.

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Amendments (Textual)

Commencement Information

I53Sch. 2 para. 16 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

[F37Extension of orderE+W

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Amendments (Textual)

16A(1)The appropriate court may, on the application of the offender or the responsible officer, amend a youth rehabilitation order by substituting a later date for that specified under paragraph 32(1) of Schedule 1.E+W

(2)A date substituted under sub-paragraph (1)—

(a)may not fall outside the period of six months beginning with the date previously specified under paragraph 32(1) of Schedule 1;

(b)subject to that, may fall more than three years after the date on which the order took effect.

(3)The power under sub-paragraph (1) may not be exercised in relation to an order if it has previously been exercised in relation to that order.

(4)A date substituted under sub-paragraph (1) is to be treated as having been specified in relation to the order under paragraph 32(1) of Schedule 1.

(5)In this paragraph “the appropriate court” means—

(a)if the order was made by a youth court or other magistrates' court, or was made by the Crown Court and contains a direction under paragraph 36 of Schedule 1, the court determined under sub-paragraph (6), and

(b)if the order was made by the Crown Court and does not contain a direction under paragraph 36 of Schedule 1, the Crown Court.

(6)The court referred to in sub-paragraph (5)(a) is—

(a)if the offender is aged under 18 when the application is made, a youth court acting in the local justice area specified in the youth rehabilitation order, and

(b)if the offender is aged 18 or over at that time, a magistrates' court (other than a youth court) acting in that local justice area.]

Extension of unpaid work requirementE+W

17Where—E+W

(a)a youth rehabilitation order imposing an unpaid work requirement is in force in respect of an offender, and

(b)on the application of the offender or the responsible officer, it appears to the appropriate court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,

the court may, in relation to the order, extend the period of 12 months specified in paragraph 10(6) of Schedule 1.

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Commencement Information

I54Sch. 2 para. 17 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Part 5E+WPowers of court in relation to order following subsequent conviction

Powers of magistrates' court following subsequent convictionE+W

18(1)This paragraph applies where—E+W

(a)a youth rehabilitation order is in force in respect of an offender, and

(b)the offender is convicted of an offence (the “further offence”) by a youth court or other magistrates' court (“the convicting court”).

(2)Sub-paragraphs (3) and (4) apply where—

(a)the youth rehabilitation order—

(i)was made by a youth court or other magistrates' court, or

(ii)was made by the Crown Court and contains a direction under paragraph 36 of Schedule 1, and

(b)the convicting court is dealing with the offender for the further offence.

(3)The convicting court may revoke the order.

(4)Where the convicting court revokes the order under sub-paragraph (3), it may deal with the offender, for the offence in respect of which the order was made, in any way in which it could have dealt with the offender for that offence (had the offender been before that court to be dealt with for the offence).

(5)The convicting court may not exercise its powers under sub-paragraph (3) or (4) unless it considers that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made.

(6)In dealing with an offender under sub-paragraph (4), the sentencing court must take into account the extent to which the offender has complied with the order.

(7)A person sentenced under sub-paragraph (4) for an offence may appeal to the Crown Court against the sentence.

(8)Sub-paragraph (9) applies where—

(a)the youth rehabilitation order was made by the Crown Court and contains a direction under paragraph 36 of Schedule 1, and

(b)the convicting court would, but for that sub-paragraph, deal with the offender for the further offence.

(9)The convicting court may, instead of proceeding under sub-paragraph (3)—

(a)commit the offender in custody, or

(b)release the offender on bail,

until the offender can be brought before the Crown Court.

(10)Sub-paragraph (11) applies if the youth rehabilitation order was made by the Crown court and does not contain a direction under paragraph 36 of Schedule 1.

(11)The convicting court may—

(a)commit the offender in custody, or

(b)release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(12)Where the convicting court deals with an offender's case under sub-paragraph (9) or (11), it must send to the Crown Court such particulars of the case as may be desirable.

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Commencement Information

I55Sch. 2 para. 18 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Powers of Crown Court following subsequent convictionE+W

19(1)This paragraph applies where—E+W

(a)a youth rehabilitation order is in force in respect of an offender, and

(b)the offender—

(i)is convicted by the Crown Court of an offence, or

(ii)is brought or appears before the Crown Court by virtue of paragraph 18(9) or (11) or having been committed by the magistrates' court to the Crown Court for sentence.

(2)The Crown Court may revoke the order.

(3)Where the Crown Court revokes the order under sub-paragraph (2), the Crown Court may deal with the offender, for the offence in respect of which the order was made, in any way in which the court which made the order could have dealt with the offender for that offence.

(4)The Crown Court must not exercise its powers under sub-paragraph (2) or (3) unless it considers that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made.

(5)In dealing with an offender under sub-paragraph (3), the Crown Court must take into account the extent to which the offender has complied with the order.

(6)If the offender is brought or appears before the Crown Court by virtue of paragraph 18(9) or (11), the Crown Court may deal with the offender for the further offence in any way which the convicting court could have dealt with the offender for that offence.

(7)In sub-paragraph (6), “further offence” and “the convicting court” have the same meanings as in paragraph 18.

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Commencement Information

I56Sch. 2 para. 19 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Part 6E+WSupplementary

Appearance of offender before courtE+W

20(1)Subject to sub-paragraph (2), where, otherwise than on the application of the offender, a court proposes to exercise its powers under Part 3, 4 or 5 of this Schedule, the court—E+W

(a)must summon the offender to appear before the court, and

(b)if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(2)Sub-paragraph (1) does not apply where a court proposes to make an order—

(a)revoking a youth rehabilitation order,

(b)cancelling, or reducing the duration of, a requirement of a youth rehabilitation order, or

(c)substituting a new local justice area or place for one specified in a youth rehabilitation order.

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Commencement Information

I57Sch. 2 para. 20 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

WarrantsE+W

21(1)Sub-paragraph (2) applies where an offender is arrested in pursuance of a warrant issued by virtue of this Schedule and cannot be brought immediately before the court before which the warrant directs the offender to be brought (“the relevant court”).E+W

(2)The person in whose custody the offender is—

(a)may make arrangements for the offender's detention in a place of safety for a period of not more than 72 hours from the time of the arrest, and

(b)must within that period bring the offender before a magistrates' court.

(3)In the case of a warrant issued by the Crown Court, section 81(5) of the Supreme Court Act 1981 (c. 54) (duty to bring person before magistrates' court) does not apply.

(4)A person who is detained under arrangements made under sub-paragraph (2)(a) is deemed to be in legal custody.

(5)In sub-paragraph (2)(a) “place of safety” has the same meaning as in the Children and Young Persons Act 1933.

(6)Sub-paragraphs (7) to (10) apply where, under sub-paragraph (2), the offender is brought before a court (“the alternative court”) which is not the relevant court.

(7)If the relevant court is a magistrates' court—

(a)the alternative court may—

(i)direct that the offender be released forthwith, or

(ii)remand the offender, and

(b)for the purposes of paragraph (a), section 128 of the Magistrates' Courts Act 1980 (c. 43) (remand in custody or on bail) has effect as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the relevant court.

(8)If the relevant court is the Crown Court, section 43A of that Act (functions of magistrates' court where a person in custody is brought before it with a view to appearance before the Crown Court) applies as if, in subsection (1)—

(a)the words “issued by the Crown Court” were omitted, and

(b)the reference to section 81(5) of the Supreme Court Act 1981 were a reference to sub-paragraph (2)(b).

(9)Any power to remand the offender in custody which is conferred by section 43A or 128 of the Magistrates' Courts Act 1980 is to be taken to be a power—

(a)if the offender is aged under 18, to remand the offender to accommodation provided by or on behalf of a local authority, and

(b)in any other case, to remand the offender to a prison.

(10)Where the court remands the offender to accommodation provided by or on behalf of a local authority, the court must designate, as the authority which is to receive the offender, the local authority for the area in which it appears to the court that the offender resides.

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Commencement Information

I58Sch. 2 para. 21 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Adjournment of proceedingsE+W

22(1)This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates' court in any proceedings under this Schedule.E+W

(2)The court may adjourn the hearing, and, where it does so, may—

(a)direct that the offender be released forthwith, or

(b)remand the offender.

(3)Where the court remands the offender under sub-paragraph (2)—

(a)it must fix the time and place at which the hearing is to be resumed, and

(b)that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4)Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a)it may fix the time and place at which the hearing is to be resumed, but

(b)if it does not do so, must not resume the hearing unless it is satisfied that the offender, the responsible officer and, if the offender is aged under 14, a parent or guardian of the offender have had adequate notice of the time and place of the resumed hearing.

(5)The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980 (c. 43).

(6)This paragraph—

(a)applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b)is not to be taken to affect the application of that section to hearings of any other description.

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Commencement Information

I59Sch. 2 para. 22 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Restrictions on imposition of intensive supervision and surveillance or fosteringE+W

23Subsection (4), and the provisions mentioned in subsection (6), of section 1 apply in relation to a power conferred by paragraph 6(2)(b), 8(2)(b), 13(4)(b) or 14(4)(b) to impose a requirement as they apply in relation to any power conferred by section 1 or Part 1 of Schedule 1 to make a youth rehabilitation order which includes such a requirement.E+W

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Commencement Information

I60Sch. 2 para. 23 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Provision of copies of orders etc.E+W

24(1)Where a court makes an order under this Schedule revoking or amending a youth rehabilitation order, the proper officer of the court must forthwith—E+W

(a)provide copies of the revoking or amending order to the offender and, if the offender is aged under 14, to the offender's parent or guardian,

(b)provide a copy of the revoking or amending order to the responsible officer,

(c)in the case of an amending order which substitutes a new local justice area, provide copies of the amending order to—

(i)the local probation board acting for that area or (as the case may be) a provider of probation services operating in that area, and

(ii)the magistrates' court acting in that area,

(d)in the case of an amending order which imposes or cancels a requirement specified in the first column of the Table in paragraph 34(4) of Schedule 1, provide a copy of so much of the amending order as relates to that requirement to the person specified in relation to that requirement in the second column of that Table,

(e)in the case of an order which revokes a requirement specified in the first column of that Table, provide a copy of the revoking order to the person specified in relation to that requirement in the second column of that Table, and

(f)if the court is a magistrates' court acting in a local justice area other than the area specified in the youth rehabilitation order, provide a copy of the revoking or amending order to a magistrates' court acting in the local justice area specified in the order.

(2)Where under sub-paragraph (1)(c) the proper officer of the court provides a copy of an amending order to a magistrates' court acting in a different area, the officer must also provide to that court such documents and information relating to the case as appear likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

(3)In this paragraph “proper officer” means—

(a)in relation to a magistrates' court, the designated officer for the court, and

(b)in relation to the Crown Court, the appropriate officer.

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Commencement Information

I61Sch. 2 para. 24 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Power to amend maximum period of fostering requirementE+W

25The Secretary of State may by order amend paragraph 6(9), 8(9) or 16(2) by substituting, for—E+W

(a)the period of 18 months specified in the provision, or

(b)any other period which may be so specified by virtue of a previous order under this paragraph,

such other period as may be specified in the order.

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Commencement Information

I62Sch. 2 para. 25 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Section 3

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

Part 1 E+W+N.I.Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

Making of youth rehabilitation order where offender resides or will reside in Northern IrelandE+W+N.I.

1(1)This paragraph applies where a court considering the making of a youth rehabilitation order is satisfied that the offender—E+W+N.I.

(a)resides in Northern Ireland, or

(b)will reside there when the order takes effect.

(2)The court may not make a youth rehabilitation order in respect of the offender unless it appears to the court that—

(a)in the case of an order imposing a requirement mentioned in sub-paragraph (6), the conditions in sub-paragraphs (3), (4) and (5) are satisfied, or

(b)in any other case, that the conditions in sub-paragraphs (3) and (4) are satisfied.

(3)The condition in this sub-paragraph is satisfied if the number of hours, days or months in respect of which any requirement of the order is imposed is no greater than the number of hours, days or months which may be imposed by a court in Northern Ireland in respect of a similar requirement in the order which the court proposes to specify as the corresponding order under paragraph 3(b).

(4)The condition in this sub-paragraph is satisfied if suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland or any other body designated by the Secretary of State by order.

(5)The condition in this sub-paragraph is satisfied in relation to an order imposing a requirement mentioned in sub-paragraph (6) if—

(a)arrangements exist for persons to comply with such a requirement in the petty sessions district in Northern Ireland in which the offender resides, or will be residing when the order takes effect, and

(b)provision can be made for the offender to comply with the requirement under those arrangements.

(6)The requirements referred to in sub-paragraphs (2)(a) and (5) are—

(a)an activity requirement (including an extended activity requirement);

(b)an unpaid work requirement;

(c)a programme requirement;

(d)an attendance centre requirement;

(e)a mental health treatment requirement;

(f)a drug treatment requirement;

(g)a drug testing requirement;

(h)an education requirement;

(i)an electronic monitoring requirement.

(7)The court may not by virtue of this paragraph require a local authority residence requirement or a fostering requirement to be complied with in Northern Ireland.

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Commencement Information

I63Sch. 3 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Amendment of youth rehabilitation order where offender resides or proposes to reside in Northern IrelandE+W+N.I.

2(1)This paragraph applies where the appropriate court for the purposes of paragraph 13(2) of Schedule 2 (amendment by reason of change of residence) or the Crown Court is satisfied that an offender in respect of whom a youth rehabilitation order is in force is residing or proposes to reside in Northern Ireland.E+W+N.I.

(2)The power of the court to amend the order under Part 4 of Schedule 2 includes power to amend it by requiring it to be complied with in Northern Ireland if it appears to the court that—

(a)in the case of an order which once amended will impose a requirement mentioned in sub-paragraph (6), that the conditions in sub-paragraphs (3), (4) and (5) are satisfied, or

(b)in any other case, that the conditions in sub-paragraphs (3) and (4) are satisfied.

(3)The condition in this sub-paragraph is satisfied if the number of hours, days or months in respect of which any requirement of the order is imposed is no greater than the number of hours, days or months which may be imposed by a court in Northern Ireland in respect of a similar requirement in the order which the court proposes to specify as the corresponding order under paragraph 3(b).

(4)The condition in this sub-paragraph is satisfied if suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland or any other body designated by the Secretary of State by order.

(5)The condition in this sub-paragraph is satisfied in relation to an order that will impose a requirement mentioned in sub-paragraph (6) if—

(a)arrangements exist for persons to comply with such a requirement in the petty sessions district in Northern Ireland in which the offender resides, or will be residing when the amendment to the order takes effect, and

(b)provision can be made for the offender to comply with the requirement under those arrangements.

(6)The requirements referred to in sub-paragraphs (2)(a) and (5) are—

(a)an activity requirement (including an extended activity requirement);

(b)an unpaid work requirement;

(c)a programme requirement;

(d)an attendance centre requirement;

(e)a mental health treatment requirement;

(f)a drug treatment requirement;

(g)a drug testing requirement;

(h)an education requirement;

(i)an electronic monitoring requirement.

(7)The court may not by virtue of this paragraph require a local authority residence requirement or a fostering requirement to be complied with in Northern Ireland.

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Commencement Information

I64Sch. 3 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Further provisions regarding the making or amending of youth rehabilitation orders under paragraph 1 or 2E+W+N.I.

3A youth rehabilitation order made or amended in accordance with paragraph 1 or 2 must—E+W+N.I.

(a)specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment takes effect, and

(b)specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Northern Ireland,

and paragraph 33 of Schedule 1 (local justice area to be specified in order) does not apply in relation to an order so made or amended.

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Commencement Information

I65Sch. 3 para. 3 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

4(1)Before making or amending a youth rehabilitation order in accordance with paragraph 1 or 2, the court must explain to the offender in ordinary language—E+W+N.I.

(a)the requirements of the legislation in Northern Ireland relating to the order to be specified under paragraph 3(b),

(b)the powers of the home court under that legislation, as modified by Part 2 of this Schedule, and

(c)its own powers under Part 2 of this Schedule.

(2)The court which makes or amends the order must—

(a)provide the persons mentioned in sub-paragraph (3) with a copy of the order as made or amended, and

(b)provide the home court with such other documents and information relating to the case as it considers likely to be of assistance to that court;

and sub-paragraphs (1) to (3) of paragraph 34 of Schedule 1 (provision of copies of orders) do not apply.

(3)The persons referred to in sub-paragraph (2)(a) are—

(a)the offender,

(b)where the offender is aged under 14—

(i)the offender's parent or guardian, or

(ii)if an authority in Northern Ireland has parental responsibility for, and is looking after, the offender, the authority,

(c)the body which is to make suitable arrangements for the offender's supervision under the order, and

(d)the home court.

(4)In sub-paragraph (3)(b)(ii)—

(a)authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

(b)references to an offender who is looked after by an authority are to be construed in accordance with Article 25 of that Order, and

(c)parental responsibility” has the same meaning as in that Order.

(5)In this paragraph, “home court” has the meaning given by paragraph 8.

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Commencement Information

I66Sch. 3 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Modifications to Part 1E+W+N.I.

5(1)Where a court is considering the making or amendment of a youth rehabilitation order by virtue of paragraph 1 or 2, Part 1 of this Act (youth rehabilitation orders) has effect subject to the following modifications.E+W+N.I.

(2)The following provisions of Schedule 1 are omitted—

(a)in paragraph 8(3)(a) (activity requirement: further provisions), the words “a member of a youth offending team or”,

(b)paragraphs 8(3)(c), 10(3)(b) and 12(3)(a) (availability of arrangements in local area: activity requirement, unpaid work requirement and attendance centre requirement),

(c)paragraph 16(7) (residence requirement: restriction on requiring residence at hostel or institution), and

(d)paragraphs 18(7), 22(4)(a), 23(3)(a) and 26(6) and (7) (availability of arrangements in local area: fostering requirement, drug treatment and testing requirements and electronic monitoring requirement).

(3)In paragraph 12 of Schedule 1 (attendance centre requirement) any reference to an attendance centre has effect as a reference to an attendance centre as defined by Article 50(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)).

(4)In paragraph 20 of that Schedule (mental health treatment requirement), for sub-paragraph (2)(a) there is substituted—

(a)treatment as a resident patient at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)), approved by the Department of Health, Social Services and Public Safety for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));.

[F38(5)The references to a local authority in paragraph 25 of that Schedule (education requirement) (except in sub-paragraph (6) of that paragraph) have effect as references to an Education and Library Board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)).]

(6)In paragraph 26 of that Schedule (electronic monitoring requirements: common provisions) sub-paragraph (5) is omitted.

[F39(6A)The reference in the second column of the Table in paragraph 34(4) of that Schedule (additional persons to whom court must give a copy of the order) to the local authority specified under paragraph 25(2) of that Schedule has effect as a reference to the Education and Library Board specified under that paragraph.]

(7)Paragraph 36 of that Schedule has effect as if it required the Crown Court, where it makes a direction under that paragraph, to specify the youth court or other magistrates' court in England and Wales which is to be the relevant court in England or Wales for the purposes of Part 2 of this Schedule.

(8)Any reference to the responsible officer has effect as a reference to the person who is to be responsible for the offender's supervision under the order.

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Amendments (Textual)

Commencement Information

I67Sch. 3 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Meaning of “supervision”E+W+N.I.

6In this Part of this Schedule “supervision”, in relation to a youth rehabilitation order which a court is considering making or amending in accordance with paragraph 1 or 2, means the performance of supervisory, enforcement and other related functions conferred by the legislation which has effect in Northern Ireland relating to corresponding orders of the kind which the court proposes to specify under paragraph 3(b).E+W+N.I.

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Commencement Information

I68Sch. 3 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

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.E+W+N.I.

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Commencement Information

I69Sch. 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—E+W+N.I.

  • corresponding order” means the order specified under paragraph 3(b);

  • home court” means—

    (a)

    the court of summary jurisdiction acting for the petty sessions district in Northern Ireland in which the offender resides or proposes to reside, or

    (b)

    where the youth rehabilitation order was made or amended by the Crown Court and the Crown Court in Northern Ireland has not made a direction under paragraph 11, the Crown Court in Northern Ireland;

  • supervision” means the performance of supervisory, enforcement and other related functions conferred by the legislation which has effect in Northern Ireland relating to the corresponding order;

  • the relevant court in England or Wales” means—

    (a)

    the court in England and Wales which made or which last amended the order, or

    (b)

    if the order was made by the Crown Court and includes a direction under paragraph 36 of Schedule 1, such youth court or other magistrates' court as may be specified in the order;

  • the relevant officer” means the person responsible for the offender's supervision under the order.

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Commencement Information

I70Sch. 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.

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Commencement Information

I71Sch. 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.E+W+N.I.

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Commencement Information

I72Sch. 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.E+W+N.I.

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Commencement Information

I73Sch. 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—E+W+N.I.

(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.

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Commencement Information

I74Sch. 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.

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Commencement Information

I75Sch. 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—E+W+N.I.

(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.

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Commencement Information

I76Sch. 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—E+W+N.I.

(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.

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Commencement Information

I77Sch. 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).

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Commencement Information

I78Sch. 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.

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Commencement Information

I79Sch. 3 para. 17 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

Section 6

SCHEDULE 4E+WYouth rehabilitation orders: consequential and related amendments

Part 1 E+WConsequential amendments

Children and Young Persons Act 1933 (c. 12)E+W

1The Children and Young Persons Act 1933 has effect subject to the following amendments.E+W

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Commencement Information

I80Sch. 4 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(i)

2(1)Section 34 (attendance at court of parent of child or young person charged with an offence, etc.) is amended as follows.E+W

(2)In subsection (7), omit “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”.

(3)After subsection (7A) insert—

(7B)If it appears that at the time of his arrest a youth rehabilitation order, as defined in Part 1 of the Criminal Justice and Immigration Act 2008, is in force in respect of him, the responsible officer, as defined in section 4 of that Act, shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.

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Commencement Information

I81Sch. 4 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(i)

3(1)Section 49 (restrictions on reports of proceedings in which children or young persons are concerned) is amended as follows.E+W

(2)In subsection (2), for paragraphs (c) and (d) substitute—

(c)proceedings in a magistrates' court under Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders);

(d)proceedings on appeal from a magistrates' court arising out of any proceedings mentioned in paragraph (c) (including proceedings by way of case stated).

(3)In subsection (4A), omit paragraph (d) (but not the word “or” immediately following it).

(4)In subsection (10), for the words from “Schedule 7” to “supervision orders)” substitute the words “ Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders) ”.

(5)In subsection (13), omit paragraph (c)(i).

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Commencement Information

I82Sch. 4 para. 3(1) (2) (4) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(ii)

Criminal Appeal Act 1968 (c. 19)E+W

4In section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in other cases dealt with at assizes or quarter sessions), for paragraph (b) substitute—E+W

(b)having been given a suspended sentence or made the subject of—

(i)an order for conditional discharge,

(ii)a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, or

(iii)a community order within the meaning of Part 12 of the Criminal Justice Act 2003,

appears or is brought before the Crown Court to be further dealt with for the offence.

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Commencement Information

I83Sch. 4 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Firearms Act 1968 (c. 27)E+W

5The Firearms Act 1968 has effect subject to the following amendments.E+W

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Commencement Information

I84Sch. 4 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

6In section 21(3ZA)(a) (possession of firearms by persons previously convicted of crime), after “2003”, insert “ , or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, ”.E+W

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Commencement Information

I85Sch. 4 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

7In section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of certificate by convicting court), after “2003”, insert “ , or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, ”.E+W

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Commencement Information

I86Sch. 4 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Health Services and Public Health Act 1968 (c. 46)E+W

8The Health Services and Public Health Act 1968 has effect subject to the following amendments.E+W

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Commencement Information

I87Sch. 4 para. 8 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

9In section 64(3)(a) (financial assistance by the Secretary of State to certain voluntary organisations)—E+W

(a)in paragraph (xxi) of the definition of “the relevant enactments”, for “sections 63 to 66 and 92 of, and Schedules 6 and 7 to,” substitute “ section 92 of ”, and

(b)after that paragraph, insert—

(xxii)Part 1 of the Criminal Justice and Immigration Act 2008;.

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Commencement Information

I88Sch. 4 para. 9 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

10In section 65(3)(b) (financial and other assistance by local authorities to certain voluntary organisations), for paragraph (xxii) of the definition of “relevant enactments” substitute—E+W

(xxii)Part 1 of the Criminal Justice and Immigration Act 2008;.

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Commencement Information

I89Sch. 4 para. 10 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Social Work (Scotland) Act 1968 (c. 49)E+W

11The Social Work (Scotland) Act 1968 has effect subject to the following amendments.E+W

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Commencement Information

I90Sch. 4 para. 11 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

12In section 86(3) (adjustments between authority providing accommodation etc, and authority of area of residence) after “supervision order” insert “ , youth rehabilitation order ”.E+W

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Commencement Information

I91Sch. 4 para. 12 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

13In section 94(1) (interpretation)—E+W

(a)for the definition of “probation order” substitute—

probation order”, in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996,,

(b)in the definition of “supervision order”, omit “the Powers of Criminal Courts (Sentencing) Act 2000 or”, and

(c)at the end insert—

youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.

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Commencement Information

I92Sch. 4 para. 13 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Children and Young Persons Act 1969 (c. 54)E+W

14The Children and Young Persons Act 1969 has effect subject to the following amendments.E+W

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Commencement Information

I93Sch. 4 para. 14 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

15Omit section 25 (transfers between England or Wales and Northern Ireland).E+W

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Commencement Information

I94Sch. 4 para. 15 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

16(1)Section 26 (transfers between England or Wales and the Channel Islands or Isle of Man) is amended as follows.E+W

(2)In subsection (1)(c), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

(3)In subsection (2), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

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Commencement Information

I95Sch. 4 para. 16 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

17(1)Section 32 (detention of absentees) is amended as follows.E+W

(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) ”.

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Commencement Information

I96Sch. 4 para. 17 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

18In section 70(1) (interpretation)—E+W

(a)omit the definition of “supervision order”,

(b)after the definition of “local authority accommodation” insert—

local authority residence requirement” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008;, and

(c)after the definition of “youth offending team” insert—

youth rehabilitation order” and “youth rehabilitation order with fostering” have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);.

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Commencement Information

I97Sch. 4 para. 18 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

19In section 73(4)(a) (provisions of section 32 extending to Scotland) for “to (1C)” substitute “ to (1E) ”.E+W

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Commencement Information

I98Sch. 4 para. 19 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Rehabilitation of Offenders Act 1974 (c. 53)E+W

20The Rehabilitation of Offenders Act 1974 has effect subject to the following amendments.E+W

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Commencement Information

I99Sch. 4 para. 20 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

F4021. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Commencement Information

I100Sch. 4 para. 21 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

22In section 7(2) (limitations on rehabilitation under Act, etc.) for paragraph (d) substitute—E+W

(d)in any proceedings relating to the variation or discharge of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or on appeal from any such proceedings;.

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Commencement Information

I101Sch. 4 para. 22 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Bail Act 1976 (c. 63)E+W

23In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others)—E+W

(a)omit the words “to be dealt with”, and

(b)for paragraph (a), substitute—

(a)Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach, revocation or amendment of youth rehabilitation orders), or.

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Commencement Information

I102Sch. 4 para. 23 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Magistrates' Courts Act 1980 (c. 43)E+W

24In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143), omit the entries relating to Schedules 3, 5 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).E+W

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Commencement Information

I103Sch. 4 para. 24 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(iv)

Prospective

Contempt of Court Act 1981 (c. 49)E+W

25In section 14 of the Contempt of Court Act 1981 (proceedings in England and Wales), omit the subsection (2A) inserted by the Criminal Justice Act 1982 (c. 48).E+W

Criminal Justice Act 1982E+W

26Part 3 of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements for transfer of community service orders from Northern Ireland) has effect subject to the following amendments.E+W

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Commencement Information

I104Sch. 4 para. 26 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

27(1)Paragraph 7 (transfer to England and Wales) is amended as follows.E+W

(2)In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such orders” substitute “ an unpaid work requirement of a community order under section 177 of the Criminal Justice Act 2003 or youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.

(3)In sub-paragraph (2)(b)—

(a)after “a community order” insert “ or a youth rehabilitation order ”, and

(b)omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

(4)In sub-paragraph (3)—

(a)for “A community service order” substitute “ An adult community service order ”, and

(b)in paragraph (b)—

(i)omit “within the meaning of Part 12 of the Criminal Justice Act 2003”, and

(ii)for “by that Part of that Act” substitute “ by Part 12 of the Criminal Justice Act 2003 ”.

(5)After sub-paragraph (3) insert—

(4)A youth community service order made or amended in accordance with this paragraph shall—

(a)specify the local justice area in England or Wales in which the offender resides or will be residing when the order or the amendment comes into force; and

(b)require—

(i)the local probation board for that area established under section 4 of the Criminal Justice and Court Services Act 2000 or (as the case may be) a provider of probation services operating in that area, or

(ii)a youth offending team established under section 39 of the Crime and Disorder Act 1998 by a local authority for the area in which the offender resides or will be residing when the order or amendment comes into force,

to appoint a person who will discharge in respect of the order the functions in respect of youth rehabilitation orders conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008.

(5)The person appointed under sub-paragraph (4)(b) must be—

(a)where the appointment is made by a local probation board, an officer of that board;

(b)where the appointment is made by a provider of probation services, an officer of that provider;

(c)where the appointment is made by a youth offending team, a member of that team.

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Commencement Information

I105Sch. 4 para. 27 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

28(1)Paragraph 9 (general provision) is amended as follows.E+W

(2)In sub-paragraph (3)—

(a)in paragraph (a)—

(i)for “a community service order” substitute “ an adult community service order ”;

(ii)omit “under section 177 of the Criminal Justice Act 2003”;

(iii)for “of that Act” substitute “ of the Criminal Justice Act 2003 ”, and

(b)before “and” at the end of that paragraph insert—

(aa)a youth community service order made or amended in the circumstances specified in paragraph 7 above shall be treated as if it were a youth rehabilitation order made in England and Wales and the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly;.

(3)In sub-paragraph (4)(a)—

(a)after “community orders” insert “ or youth rehabilitation orders ”, and

(b)omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

(4)In sub-paragraph (5)—

(a)after “community order” insert “ or youth rehabilitation order ”, and

(b)omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

(5)In sub-paragraph (6)—

(a)after “community orders” insert “ or youth rehabilitation orders ”,

(b)omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”, and

(c)in paragraph (b)(i), after “2003” insert “ or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008 ”.

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Commencement Information

I106Sch. 4 para. 28 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

29After that paragraph insert—E+W

Community service orders relating to persons residing in England and Wales: interpretationE+W

10In paragraphs 7 and 9 above—

  • adult community service order” means a community service order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;

  • community order” means an order made under section 177 of the Criminal Justice Act 2003;

  • youth community service order” means a community service order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;

  • youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.

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Commencement Information

I107Sch. 4 para. 29 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Mental Health Act 1983 (c. 20)E+W

30In section 37(8) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—E+W

(a)in paragraph (a), after “Criminal Justice Act 2003)” insert “ or a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and

(b)in paragraph (c), omit the words “a supervision order (within the meaning of that Act) or”.

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Commencement Information

I108Sch. 4 para. 30 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Child Abduction Act 1984 (c. 37)E+W

31In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—E+W

(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)in paragraph (b), after “1969” insert “ or paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I109Sch. 4 para. 31 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Prosecution of Offences Act 1985 (c. 23)E+W

32(1)Section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances) is amended as follows.E+W

(2)In subsection (3B)(b)(i), for the words from “in a community order” to “that Act” substitute “ a mental health treatment requirement in a community order or youth rehabilitation order ”.

(3)After subsection (3B) insert—

(3C)For the purposes of subsection (3B)(b)(i)—

  • community order” has the same meaning as in Part 12 of the Criminal Justice Act 2003;

  • mental health treatment requirement” means—

    (a)

    in relation to a community order, a mental health treatment requirement under section 207 of the Criminal Justice Act 2003, and

    (b)

    in relation to a youth rehabilitation order, a mental health treatment requirement under paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008;

  • youth rehabilitation order” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008.

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Commencement Information

I110Sch. 4 para. 32 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Children Act 1989 (c. 41)E+W

33The Children Act 1989 has effect subject to the following amendments.E+W

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Commencement Information

I111Sch. 4 para. 33 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

34(1)Section 21 (provision of accommodation for children in police protection or detention or on remand, etc.) is amended as follows.E+W

(2)In subsection (2)(c)—

(a)in sub-paragraph (i), omit “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or” and “or” at the end of that sub-paragraph, and

(b)for sub-paragraph (ii), substitute—

(ii)remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach etc. of youth rehabilitation orders); or

(iii)the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,.

(3)After subsection (2) insert—

(2A)In subsection (2)(c)(iii), the following terms have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 7 of that Act)—

  • “local authority residence requirement”;

  • “youth rehabilitation order”;

  • “youth rehabilitation order with fostering”.

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Commencement Information

I112Sch. 4 para. 34 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

35In section 31(7)(b) (care and supervision orders), for sub-paragraph (ii) substitute—E+W

(ii)a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008; or.

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Commencement Information

I113Sch. 4 para. 35 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

36In section 105(6) (interpretation)—E+W

(a)in paragraph (b), omit from the words “or an” to the end of the paragraph, and

(b)after that paragraph insert—

(ba)in accordance with the requirements of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008; or.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I114Sch. 4 para. 36 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

37(1)Part 3 of Schedule 3 (education supervision orders) is amended as follows.E+W

(2)In paragraph 13(2), for paragraph (c) substitute—

(c)a youth rehabilitation order made under Part 1 of the Criminal Justice and Immigration Act 2008 with respect to the child, while the education supervision order is in force, may not include an education requirement (within the meaning of that Part);.

(3)In paragraph 14—

(a)in sub-paragraph (1), for “order under section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and

(b)in sub-paragraph (2), after “direction” (in the second place it occurs) insert “ or instruction ”.

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Commencement Information

I115Sch. 4 para. 37 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

38In paragraph 3 of Schedule 8 (privately fostered children) for paragraph (a) substitute—E+W

(a)a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008;.

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Commencement Information

I116Sch. 4 para. 38 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Criminal Justice Act 1991 (c. 53)E+W

39Part 3 of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation orders from Northern Ireland to England and Wales) has effect subject to the following amendments.E+W

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Commencement Information

I117Sch. 4 para. 39 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

40(1)Paragraph 10 is amended as follows.E+W

(2)In sub-paragraph (2)(b), for the words from “the local probation board” to the end substitute

(i)the local probation board for the area which contains the local justice area in which he resides or will reside or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside, or

(ii)a youth offending team established by a local authority for the area in which he resides or will reside,, and

(3)In sub-paragraph (3)(a), for the words from “an officer of a local probation board” to the end substitute

(i)an officer of a local probation board assigned to the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force or (as the case may be) an officer of a provider of probation services acting in the local justice area in which the offender resides or will then be residing, or

(ii)a member of a youth offending team established by a local authority for the area in England and Wales in which the offender resides or will then be residing;.

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Commencement Information

I118Sch. 4 para. 40 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

41(1)Paragraph 11 is amended as follows.E+W

(2)In sub-paragraph (2)—

(a)for “a probation order” substitute “ an adult probation order ”,

(b)in paragraph (a), omit “under section 177 of the Criminal Justice Act 2003”, and

(c)in paragraph (b), for “of that Act” substitute “ of the Criminal Justice Act 2003 ”.

(3)After that sub-paragraph insert—

(2A)Where a youth probation order is made or amended in any of the circumstances specified in paragraph 10 above then, subject to the following provisions of this paragraph—

(a)the order shall be treated as if it were a youth rehabilitation order made in England and Wales, and

(b)the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly.

(4)In sub-paragraph (3)—

(a)for paragraph (a) substitute—

(a)the requirements of the legislation relating to community orders or, as the case may be, youth rehabilitation orders;;

(b)in paragraph (b), for “Schedule 8 to that Act” substitute “ that legislation ”.

(5)In sub-paragraph (4)—

(a)after “a community order” insert “ or, as the case may be, a youth rehabilitation order ”,

(b)omit “under section 177 of the Criminal Justice Act 2003”, and

(c)for “to that Act” substitute “ to the Criminal Justice Act 2003 or by paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”.

(6)In sub-paragraph (5)—

(a)after “2003” insert “ or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008 ”,

(b)for “(2) above” substitute “ (2) or (2A) (as the case may be) ”, and

(c)in paragraph (b) for the words from “of the” to “board” substitute of—

(i)the offender, or

(ii)the officer of a local probation board, officer of a provider of probation services or member of a youth offending team (as the case may be),.

(7)In sub-paragraph (8)—

(a)after “In this paragraph” insert—

adult probation order” means a probation order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;

community order” means an order made under section 177 of the Criminal Justice Act 2003;;

(b)at the end insert—

youth probation order” means a probation order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;

youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.

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Commencement Information

I119Sch. 4 para. 41 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Criminal Justice and Public Order Act 1994 (c. 33)E+W

42In section 136 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement: execution of warrants), in subsection (7A), after “youth offender panel)” insert “ or under Schedule 2 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders: breach etc.) ”.E+W

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Commencement Information

I120Sch. 4 para. 42 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Criminal Procedure (Scotland) Act 1995 (c. 46)E+W

F4143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Commencement Information

I121Sch. 4 para. 43 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

F4144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Commencement Information

I122Sch. 4 para. 44 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

F4145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Commencement Information

I123Sch. 4 para. 45 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

F4146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Commencement Information

I124Sch. 4 para. 46 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Education Act 1996 (c. 56)E+W

47In section 562(2)(b) of the Education Act 1996 (Act not to apply to persons detained under order of a court), for “community order under section 177 of the Criminal Justice Act 2003” substitute “ youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I125Sch. 4 para. 47 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Crime and Disorder Act 1998 (c. 37)E+W

48The Crime and Disorder Act 1998 has effect subject to the following amendments.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I126Sch. 4 para. 48 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

49In section 38(4) (local provision of youth justice services)—E+W

(a)in paragraph (f), for “, reparation orders and action plan orders” substitute “ and reparation orders ”,

(b)after paragraph (f) insert—

(fa)the provision of persons to act as responsible officers in relation to youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008);

(fb)the supervision of children and young persons sentenced to a youth rehabilitation order under that Part which includes a supervision requirement (within the meaning of that Part);,

(c)omit paragraph (g), and

(d)in paragraph (h), omit “or a supervision order”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I127Sch. 4 para. 49 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

50In Schedule 8 (minor and consequential amendments), in paragraph 13(2), for “that section” substitute “ section 10 of that Act ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I128Sch. 4 para. 50 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

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

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I129Sch. 4 para. 51 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

52In 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 ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I130Sch. 4 para. 52 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

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

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I131Sch. 4 para. 53 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

54In 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”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I132Sch. 4 para. 54 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(vi)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I133Sch. 4 para. 55 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(vii)

56In 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 ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I134Sch. 4 para. 56 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(vii)

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

(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”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I135Sch. 4 para. 57 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(viii)

58In 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 ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I136Sch. 4 para. 58 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(ix)

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

(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”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

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

F42(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) ”.

F43(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F42Sch. 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)

F43Sch. 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

I138Sch. 4 para. 60(1) (3) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xi)

I139Sch. 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))

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

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I140Sch. 4 para. 61(a) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(xii)

I141Sch. 4 para. 61(b)(c) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xii)

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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I142Sch. 4 para. 62 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I143Sch. 4 para. 63 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

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

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I144Sch. 4 para. 64 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

Child Support, Pensions and Social Security Act 2000 (c. 19)E+W

F4465. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F44Sch. 4 paras. 65-67 repealed (22.3.2010) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 7 Pt. 3; S.I. 2010/293, art. 2(3)(b) (with art. 2(4))

F4466. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F44Sch. 4 paras. 65-67 repealed (22.3.2010) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 7 Pt. 3; S.I. 2010/293, art. 2(3)(b) (with art. 2(4))

F4467. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F44Sch. 4 paras. 65-67 repealed (22.3.2010) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 7 Pt. 3; S.I. 2010/293, art. 2(3)(b) (with art. 2(4))

Criminal Justice and Court Services Act 2000 (c. 43)E+W

68The Criminal Justice and Court Services Act 2000 has effect subject to the following amendments.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I145Sch. 4 para. 68 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

69In section 1(2)(a) (purposes of Chapter), after “2003)” insert “ , youth rehabilitation orders (as defined by section 1 of the Criminal Justice and Immigration Act 2008) ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I146Sch. 4 para. 69 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

70In section 70 (interpretation, etc.) omit subsection (5).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I147Sch. 4 para. 70 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

Criminal Justice Act 2003 (c. 44)E+W

71Part 12 of the Criminal Justice Act 2003 (sentencing) has effect subject to the following amendments.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I148Sch. 4 para. 71 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

72(1)Section 147 (meaning of “community sentence” etc.) is amended as follows.E+W

(2)In subsection (1)—

(a)omit paragraph (b), and

(b)after that paragraph insert—

(c)a youth rehabilitation order.

(3)Omit subsection (2).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I149Sch. 4 para. 72 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

73(1)Section 148 (restrictions on imposing community sentences) is amended as follows.E+W

(2)In subsection (2)—

(a)omit “which consists of or includes a community order”, and

(b)in paragraph (a), after “community order” insert “ , or, as the case may be, youth rehabilitation order, comprised in the sentence ”.

(3)After that subsection insert—

(2A)Subsection (2) is subject to paragraph 3(4) of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance).

(4)Omit subsection (3).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I150Sch. 4 para. 73 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

74In section 149(1) (passing of community sentence on offender remanded in custody) for “youth community order” substitute “ youth rehabilitation order ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I151Sch. 4 para. 74 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

75In section 150 (community sentence not available where sentence fixed by law etc.) for “youth community order” substitute “ youth rehabilitation order ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I152Sch. 4 para. 75 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

76(1)Section 151 (community order for persistent offender previously fined) is amended as follows.E+W

(2)In the title, after “community order” insert “ or youth rehabilitation order ”.

(3)In subsections (1)(a) and [F45 (1A)(b) ], for “16” substitute “ 18 ”.

(4)After subsection (2) insert—

(2A)Subsection (2B) applies where—

(a)a person aged 16 or 17 is convicted of an offence (“the current offence”);

(b)on three or more previous occasions the offender has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine; and

(c)despite the effect of section 143(2), the court would not (apart from this section) regard the current offence, or the combination of the current offence and one or more offences associated with it, as being serious enough to warrant a youth rehabilitation order.

(2B)The court may make a youth rehabilitation order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (3), it would be in the interests of justice to make such an order.

(5)In subsection (3)—

(a)after “(2)” insert “ and (2B) ”; and

(b)in paragraph (a) for “or [F46 (1A)(c) ]” substitute [F46 (1A)(c) ] or (2A)(b) ”.

(6)In subsections (4), (5) and (6), for “and [F47 (1A)(c) ]” substitute [F47 (1A)(c) ] and (2A)(b) ”.

(7)In section 166 (savings for powers to mitigate etc.), in subsection (1)(a) after “151(2)” insert “ or (2B) ”.

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Amendments (Textual)

Commencement Information

I153Sch. 4 para. 76 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

77(1)Section 156 (pre-sentence reports and other requirements) is amended as follows.E+W

(2)In subsection (1)—

(a)for “, (2)(b) or (3)(b)” substitute “ or (2)(b), ”, and

(b)after “153(2),” insert “ or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders with intensive supervision and surveillance or fostering), ”.

(3)In subsection (2) omit “or (3)(a)”.

(4)In subsection (3)(b)—

(a)for “, (2)(b) or (3)(b)” substitute “ or (2)(b), or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008, ”, and

(b)after “community order” insert “ or youth rehabilitation order ”.

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Commencement Information

I154Sch. 4 para. 77 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

78In section 161 (pre-sentence drug testing)—E+W

(a)in subsection (1), omit “aged 14 or over”, and

(b)omit subsection (7).

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Commencement Information

I155Sch. 4 para. 78 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

79(1)Section 166 (savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders) is amended as follows.E+W

(2)In subsection (1), after paragraph (d) add—

(e)paragraph 3 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance), or

(f)paragraph 4 of Schedule 1 to that Act (youth rehabilitation order with fostering),.

(3)In subsections (3) and (5), for “(d)” substitute “ (f) ”.

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Commencement Information

I156Sch. 4 para. 79 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

F4880. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

81In section 176 (interpretation of Chapter 1)—E+W

(a)omit the definition of “youth community order”, and

(b)at the end add—

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

youth rehabilitation order with fostering” has the meaning given by paragraph 4 of Schedule 1 to that Act;

youth rehabilitation order with intensive supervision and surveillance” has the meaning given by paragraph 3 of Schedule 1 to that Act.

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Commencement Information

I157Sch. 4 para. 81 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

82In section 177(1) (community orders) for “16” substitute “ 18 ”.E+W

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Commencement Information

I158Sch. 4 para. 82 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

83In section 197(1)(b) (meaning of “the responsible officer”), omit “the offender is aged 18 or over and”.E+W

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Commencement Information

I159Sch. 4 para. 83 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

84In section 199 (unpaid work requirement)—E+W

(a)in subsection (3), for “appropriate officer” substitute “ officer of a local probation board or an officer of a provider of probation services ”, and

(b)omit subsection (4).

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Commencement Information

I160Sch. 4 para. 84 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

85In section 201 (activity requirement), in subsection (3)(a), for sub-paragraphs (i) and (ii) (but not the “and” immediately following sub-paragraph (ii)) substitute “ an officer of a local probation board or an officer of a provider of probation services ”.E+W

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Commencement Information

I161Sch. 4 para. 85 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

F4986. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

87In section 203(2), for paragraphs (a) and (b) substitute “ an officer of a local probation board or an officer of a provider of probation services ”.E+W

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Commencement Information

I162Sch. 4 para. 87 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

88In section 209(2)(c) (drug rehabilitation requirement), for sub-paragraphs (i) and (ii) substitute “ by an officer of a local probation board or an officer of a provider of probation services, and ”.E+W

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Commencement Information

I163Sch. 4 para. 88 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

89In section 211 (periodic review of drug rehabilitation requirement), omit subsection (5).E+W

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Commencement Information

I164Sch. 4 para. 89 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

90In section 214 (attendance centre requirement), after subsection (6) add—E+W

(7)A requirement to attend at an attendance centre for any period on any occasion operates as a requirement, during that period, to engage in occupation, or receive instruction, under the supervision of and in accordance with instructions given by, or under the authority of, the officer in charge of the centre, whether at the centre or elsewhere.

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Commencement Information

I165Sch. 4 para. 90 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

91In section 217(1)(b) (requirement to avoid conflict with religious beliefs etc.), for “school or any other” substitute “ any ”.E+W

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Commencement Information

I166Sch. 4 para. 91 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

92In section 221(2) (provision of attendance centres)—E+W

(a)omit “or” at the end of paragraph (a),

(b)after that paragraph insert—

(aa)attendance centre requirements of youth rehabilitation orders, within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008,, and

(c)omit paragraph (b).

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Commencement Information

I167Sch. 4 para. 92(b) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiv)

93In section 222(1)(e) (rules), after “attendance centre requirements” insert “ , or to attendance centre requirements imposed by youth rehabilitation orders under Part 1 of the Criminal Justice and Immigration Act 2008, ”.E+W

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Commencement Information

I168Sch. 4 para. 93 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

94Omit section 279 (drug treatment and testing requirement in action plan order or supervision order).E+W

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Commencement Information

I169Sch. 4 para. 94 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

95In section 330(5)(a) (orders subject to the affirmative resolution procedure), omit the entry relating to section 161(7).E+W

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Commencement Information

I170Sch. 4 para. 95 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

96In Schedule 8 (breach, revocation or amendment of community order), omit paragraphs 12, 15 and 17(5) (powers of magistrates' court in case of offender reaching 18).E+W

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Commencement Information

I171Sch. 4 para. 96 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

97Omit Schedule 24 (drug treatment and testing requirement in action plan order or supervision order).E+W

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Commencement Information

I172Sch. 4 para. 97 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Violent Crime Reduction Act 2006 (c. 38)E+W

98In section 47 of the Violent Crime Reduction Act 2006 (power to search persons in attendance centres for weapons), in the definition of “relevant person” in subsection (11), for paragraph (b) substitute—E+W

(b)a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;.

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Commencement Information

I173Sch. 4 para. 98 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv) (with art. 4)

Offender Management Act 2007 (c. 21)E+W

99In section 1(4) of the Offender Management Act 2007 (meaning of “the probation purposes”), in the definition of “community order”—E+W

(a)after paragraph (a) insert—

(aa)a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);, and

(b)after paragraph (b) insert—

(c)a youth community order within the meaning of that Act (as it applies to offences committed before section 1 of the Criminal Justice and Immigration Act 2008 comes into force).

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Commencement Information

I174Sch. 4 para. 99 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Part 2 E+WRelated amendments

Children and Young Persons Act 1933 (c. 12)E+W

100In section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children or young persons are concerned), in subsection (13)(g)(ii), for “the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Part 1 or 2 of Schedule 15 to the Criminal Justice Act 2003 ”.E+W

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Commencement Information

I175Sch. 4 para. 100 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Children and Young Persons Act 1969 (c. 54)E+W

101(1)Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows.E+W

(2)In subsection (1A)—

(a)in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”,

(b)in paragraph (b) (as substituted by paragraph 17(2)(b) of this Schedule), in sub-paragraph (ii), after “under” insert “ paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”.

(3)In subsection (1C) (as substituted by paragraph 17(3) of this Schedule)—

(a)in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”, and

(b)in paragraph (c), after “under” insert “ paragraph 4(6) of Schedule 1 or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”.

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Commencement Information

I176Sch. 4 para. 101 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Bail Act 1976 (c. 63)E+W

102In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others), before paragraph (a) (as substituted by paragraph 23(b) of this Schedule) insert—E+W

(za)Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 (referral orders: referral back to appropriate court),

(zb)Schedule 8 to that Act (breach of reparation order),.

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Commencement Information

I177Sch. 4 para. 102 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Magistrates' Courts Act 1980 (c. 43)E+W

103In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143), at the end insert—E+W

In Schedule 8, paragraph 2(2)(a)(i) (failure to comply with reparation order)£1,000.
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Commencement Information

I178Sch. 4 para. 103 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Child Abduction Act 1984 (c. 37)E+W

104In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—E+W

(a)in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”, and

(b)in paragraph (b), before “or” (as inserted by paragraph 31(b) of this Schedule) insert “ , paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 ”.

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Commencement Information

I179Sch. 4 para. 104 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Children Act 1989 (c. 41)E+W

105In section 21(2)(c) of the Children Act 1989 (provision of accommodation for children in police protection or detention or on remand, etc.), after sub-paragraph (i) insert—E+W

(ia)remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach etc. of referral orders and reparation orders);.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I180Sch. 4 para. 105 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

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

106The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.E+W

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I181Sch. 4 para. 106 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

107In Schedule 1 (youth offender panels: further court proceedings), after paragraph 9 insert—E+W

Power to adjourn hearing and remand offenderE+W

9ZA(1)This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates' court in proceedings under this Part of this Schedule.

(2)The court may adjourn the hearing, and, where it does so, may—

(a)direct that the offender be released forthwith, or

(b)remand the offender.

(3)Where the court remands the offender under sub-paragraph (2)—

(a)it must fix the time and place at which the hearing is to be resumed, and

(b)that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4)Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a)it may fix the time and place at which the hearing is to be resumed, but

(b)if it does not do so, it must not resume the hearing unless it is satisfied that the persons mentioned in sub-paragraph (5) have had adequate notice of the time and place for the resumed hearing.

(5)The persons referred to in sub-paragraph (4)(b) are—

(a)the offender,

(b)if the offender is aged under 14, a parent or guardian of the offender, and

(c)a member of the youth offending team specified under section 18(1)(a) as responsible for implementing the order.

(6)If a local authority has parental responsibility for an offender who is in its care or provided with accommodation by it in the exercise of any social services functions, the reference in sub-paragraph (5)(b) to a parent or guardian of the offender is to be read as a reference to that authority.

(7)In sub-paragraph (6)—

  • local authority” has the same meaning as it has in Part 1 of the Criminal Justice and Immigration Act 2008 by virtue of section 7 of that Act,

  • parental responsibility” has the same meaning as it has in the Children Act 1989 by virtue of section 3 of that Act, and

  • social services functions” has the same meaning as it has in the Local Authority Social Services Act 1970 by virtue of section 1A of that Act.

(8)The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(9)This paragraph—

(a)applies to any hearing in proceedings under this Part of this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b)is not to be taken to affect the application of that section to hearings of any other description.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I182Sch. 4 para. 107 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

108(1)Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows.E+W

(2)Omit paragraph 1 and the heading before that paragraph.

(3)In paragraph 2(1), for “the appropriate court,” substitute—

(a)a youth court acting in the local justice area in which the offender resides, or

(b)if it is not known where the offender resides, a youth court acting in the local justice area for the time being named in the order in pursuance of section 74(4) of this Act,.

(4)In paragraph 5—

(a)in sub-paragraphs (1) and (3), for “appropriate court” substitute “ relevant court ”, and

(b)at the end insert—

(4)In this paragraph, “the relevant court” means—

(a)a youth court acting in the local justice area for the time being named in the order in pursuance of section 74(4) of this Act, or

(b)in the case of an application made both under this paragraph and under paragraph 2(1), the court mentioned in paragraph 2(1).

(5)In paragraph 6—

(a)in sub-paragraph (1), for “the appropriate court” substitute “ a court ”,

(b)in sub-paragraph (4), for “the appropriate court” substitute “ the court before which the warrant directs the offender to be brought (“the relevant court”) ”,

(c)in sub-paragraph (5), for “the appropriate court” substitute “ the relevant court ”, and

(d)in sub-paragraph (7), for “the appropriate court”, in each place it occurs, substitute “ the relevant court ”.

(6)After paragraph 6 insert—

Power to adjourn hearing and remand offenderE+W

6A(1)This paragraph applies to any hearing relating to an offender held by a youth court in any proceedings under this Schedule.

(2)The court may adjourn the hearing, and, where it does so, may—

(a)direct that the offender be released forthwith, or

(b)remand the offender.

(3)Where the court remands the offender under sub-paragraph (2)—

(a)it must fix the time and place at which the hearing is to be resumed, and

(b)that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4)Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a)it may fix the time and place at which the hearing is to be resumed, but

(b)if it does not do so, it must not resume the hearing unless it is satisfied that the persons mentioned in sub-paragraph (5) have had adequate notice of the time and place for the resumed hearing.

(5)The persons referred to in sub-paragraph (4)(b) are—

(a)the offender,

(b)if the offender is aged under 14, a parent or guardian of the offender, and

(c)the responsible officer.

(6)If a local authority has parental responsibility for an offender who is in its care or provided with accommodation by it in the exercise of any social services functions, the reference in sub-paragraph (5)(b) to a parent or guardian of the offender is to be read as a reference to that authority.

(7)In sub-paragraph (6)—

  • local authority” has the same meaning as it has in Part 1 of the Criminal Justice and Immigration Act 2008 by virtue of section 7 of that Act,

  • parental responsibility” has the same meaning as it has in the Children Act 1989 by virtue of section 3 of that Act, and

  • social services functions” has the same meaning as it has in the Local Authority Social Services Act 1970 by virtue of section 1A of that Act.

(8)The powers of a youth court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(9)This paragraph—

(a)applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b)is not to be taken to affect the application of that section to hearings of any other description.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I183Sch. 4 para. 108 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Criminal Justice Act 2003 (c. 44)E+W

109In Schedule 8 to the Criminal Justice Act 2003 (breach, revocation or amendment of community order), after paragraph 25 insert—E+W

25A(1)This paragraph applies to any hearing relating to an offender held by a magistrates' court in any proceedings under this Schedule.

(2)The court may adjourn the hearing, and, where it does so, may—

(a)direct that the offender be released forthwith, or

(b)remand the offender.

(3)Where the court remands the offender under sub-paragraph (2)—

(a)it must fix the time and place at which the hearing is to be resumed, and

(b)that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4)Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a)it may fix the time and place at which the hearing is to be resumed, but

(b)if it does not do so, it must not resume the hearing unless it is satisfied that the offender and the responsible officer have had adequate notice of the time and place for the resumed hearing.

(5)The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(6)This paragraph—

(a)applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b)is not to be taken to affect the application of that section to hearings of any other description.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I184Sch. 4 para. 109 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Section 13(2)

F50SCHEDULE 5E+WOffences specified for the purposes of sections 225(3A) and 227(2A) of Criminal Justice Act 2003

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Section 23

F51SCHEDULE 6E+WCredit for period of remand on bail: transitional provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Prospective

Section 39(6)

SCHEDULE 7E+W+N.I.Youth default orders: modification of provisions applying to youth rehabilitation orders

GeneralE+W

1Any 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.E+W

Unpaid work requirementE+W

2(1)In its application to a youth default order, paragraph 10 of Schedule 1 (unpaid work requirement) is modified as follows.E+W

(2)Sub-paragraph (2) has effect as if for paragraphs (a) and (b) 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

AmountNumber of hours
An amount not exceeding £20040
An amount exceeding £200 but not exceeding £50060
An amount exceeding £500100.

(3)Sub-paragraph (7) has effect as if after “Unless revoked” there were inserted “ (or section 39(7)(a) applies) ”.

Attendance centre requirementE+W

3(1)In its application to a youth default order, paragraph 12 of Schedule 1 (attendance centre requirement) is modified as follows.E+W

(2)Sub-paragraph (2) has effect as if—

(a)in paragraph (a), for the words following “conviction” there were substituted must be, 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

AmountNumber of hours
An amount not exceeding £2508
An amount exceeding £250 but not exceeding £50014
An amount exceeding £50024,

(b)in paragraph (b), for the words following “conviction” there were substituted must be, 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

AmountNumber of hours
An amount not exceeding £2508
An amount exceeding £250 but not exceeding £50014
An amount exceeding £50024,

(c)in paragraph (c), for “must not be more than 12” there were substituted must be, 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

AmountNumber of hours
An amount not exceeding £2508
An amount exceeding £250 but not exceeding £50010
An amount exceeding £50012.

Curfew requirementE+W

4(1)In its application to a youth default order, paragraph 14 of Schedule 1 (curfew requirement) is modified as follows.E+W

(2)That paragraph has effect as if after sub-paragraph (2) there were inserted—

(2A)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

AmountNumber of days
An amount not exceeding £20020
An amount exceeding £200 but not exceeding £500