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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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This is the original version (as it was originally enacted).

83Youth rehabilitation order: duration
This section has no associated Explanatory Notes

(1)In Schedule 1 to the Criminal Justice and Immigration Act 2008 (further provisions about youth rehabilitation orders), in paragraph 32 (requirement for order to specify date by which requirements must have been complied with)—

(a)in sub-paragraph (1), after the first “date” insert “(“the end date”)”,

(b)for sub-paragraph (2) substitute—

(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., and

(c)after sub-paragraph (3) insert—

(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.

(2)In Schedule 2 to that Act (breach, revocation or amendment of youth rehabilitation order), in paragraph 6 (powers of magistrates’ court in case of breach of order)—

(a)in sub-paragraph (6), at the beginning insert “Subject to sub-paragraph (6A),”, and

(b)after that sub-paragraph insert—

(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.

(3)In that Schedule, in paragraph 8 (powers of Crown Court in case of breach of order)—

(a)in sub-paragraph (6), at the beginning insert “Subject to sub-paragraph (6A),”, and

(b)after that sub-paragraph insert—

(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.

(4)In that Schedule, in paragraph 16(1) (exercise of powers to amend order: further provision), at the beginning insert “Subject to paragraph 16A,”.

(5)After that paragraph insert—

Extension of order

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.

(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.

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