Part 1Youth rehabilitation orders

Youth rehabilitation orders

1Youth rehabilitation orders

1

Where a person aged under 18 is convicted of an offence, the court by or before which the person is convicted may in accordance with Schedule 1 make an order (in this Part referred to as a “youth rehabilitation order”) imposing on the person any one or more of the following requirements—

a

an activity requirement (see paragraphs 6 to 8 of Schedule 1),

b

a supervision requirement (see paragraph 9 of that Schedule),

c

in a case where the offender is aged 16 or 17 at the time of the conviction, an unpaid work requirement (see paragraph 10 of that Schedule),

d

a programme requirement (see paragraph 11 of that Schedule),

e

an attendance centre requirement (see paragraph 12 of that Schedule),

f

a prohibited activity requirement (see paragraph 13 of that Schedule),

g

a curfew requirement (see paragraph 14 of that Schedule),

h

an exclusion requirement (see paragraph 15 of that Schedule),

i

a residence requirement (see paragraph 16 of that Schedule),

j

a local authority residence requirement (see paragraph 17 of that Schedule),

k

a mental health treatment requirement (see paragraph 20 of that Schedule),

l

a drug treatment requirement (see paragraph 22 of that Schedule),

m

a drug testing requirement (see paragraph 23 of that Schedule),

n

an intoxicating substance treatment requirement (see paragraph 24 of that Schedule), and

o

an education requirement (see paragraph 25 of that Schedule).

2

A youth rehabilitation order—

a

may also impose an electronic monitoring requirement (see paragraph 26 of Schedule 1), and

b

must do so if paragraph 2 of that Schedule so requires.

3

A youth rehabilitation order may be—

a

a youth rehabilitation order with intensive supervision and surveillance (see paragraph 3 of Schedule 1), or

b

a youth rehabilitation order with fostering (see paragraph 4 of that Schedule).

4

But a court may only make an order mentioned in subsection (3)(a) or (b) if—

a

the court is dealing with the offender for an offence which is punishable with imprisonment,

b

the court is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that, but for paragraph 3 or 4 of Schedule 1, a custodial sentence would be appropriate (or, if the offender was aged under 12 at the time of conviction, would be appropriate if the offender had been aged 12), and

c

if the offender was aged under 15 at the time of conviction, the court is of the opinion that the offender is a persistent offender.

5

Schedule 1 makes further provision about youth rehabilitation orders.

6

This section is subject to—

a

sections 148 and 150 of the Criminal Justice Act 2003 (c. 44) (restrictions on community sentences etc.), and

b

the provisions of Parts 1 and 3 of Schedule 1.