Sentencing Act 2020

PART 4 Amendment of order

Appropriate court

14 In this Part of this Schedule, “the appropriate court”, in relation to an application relating to a youth rehabilitation order, means—

(a) if the order is subject to magistrates’ court supervision—

(i) if the offender is aged under 18 when the application is made, a youth court acting in the offender’s home local justice area, and

(ii) 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;

(b) if the order is a Crown Court youth rehabilitation order, the Crown Court.

Amendment by appropriate court

15 (1) This paragraph applies where—

(a) a youth rehabilitation order is in force, and

(b) an application for the amendment of the order is made to the appropriate court by—

(i) the offender, or

(ii) the responsible officer.

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

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

(b) may, in any other case,

amend the youth rehabilitation order to specify the new local justice area as the offender’s home local justice area.

This is subject to paragraph 16.

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

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

(b) by replacing any of those requirements with a youth rehabilitation requirement of the same kind which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence.

This is subject to paragraph 17.

(4) In this paragraph—

• “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and

• the “relevant assumptions” are that—

  (a)

  the offender has just been convicted by or before the appropriate court of the relevant offence, and

  (b)

  the offender is the same age as when in fact convicted of that offence.

Exercise of powers under paragraph 15(2): further provision

16 (1) This paragraph applies where—

(a) an application has been made under paragraph 15(1)(b) in respect of a youth rehabilitation order, and

(b) the court proposes to exercise its powers under paragraph 15(2) to specify a new local justice area in the order.

(2) Sub-paragraphs (3) and (4) apply if the youth rehabilitation order contains one or more requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the area then specified as the offender’s home local justice area (each, a “specific area requirement”).

(3) The court may not amend the order under paragraph 15(2) to specify a new local justice area unless it also exercises the power in paragraph 15(3) (by cancelling or substituting each specific area requirement) so that the order can be complied with if the offender resides in the new local justice area.

(4) If the application was made by the responsible officer, the court must exercise the power in paragraph 15(3) in that way unless it considers it inappropriate to do so.

(5) Sub-paragraph (6) applies if the youth rehabilitation order imposes a programme requirement.

(6) The court may not amend the order under paragraph 15(2) unless it is satisfied that a programme which—

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

(b) is suitable for the offender,

is available in the new local justice area.

Exercise of powers under paragraph 15(3)(b): further provision

17 (1) Before exercising its powers under paragraph 15(3)(b) (replacing requirements of a youth rehabilitation order), the court must summon the offender to appear before it, unless—

(a) the application under paragraph 15(1)(b) was made by the offender, or

(b) the court would exercise the powers only to—

(i) replace any requirement of the youth rehabilitation order with one of a shorter duration, or

(ii) substitute a new local justice area or place for one specified in the order.

(2) If the offender fails to appear in answer to a summons under sub-paragraph (1) the court may issue a warrant for the offender’s arrest.

(3) Any requirement imposed under paragraph 15(3)(b) must be capable of being complied with before the end date.

This is subject to paragraph 18.

(4) Any provision that applies to a court where it imposes a requirement on making a youth rehabilitation order applies also to the court where it imposes such a requirement under paragraph 15(3)(b).

That is subject to the following provisions of this paragraph and paragraphs 18 and 19.

(5) Sub-paragraph (6) applies where—

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

(b) under paragraph 15(3)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement.

(6) The fostering period (see paragraph 26(3) of Schedule 6) for the substitute requirement must end—

(a) within 18 months beginning with the day on which the original requirement first took effect, and

(b) before the offender reaches the age of 18.

(7) The court may not under paragraph 15(3)(b) 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.

(8) If the 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 15(3)(b), the court may—

(a) revoke the youth rehabilitation order, and

(b) re-sentence the offender for the offence in respect of which the order was made.

(9) If the court deals with the offender under sub-paragraph (8)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

Extension of order

18 (1) The appropriate court may, on the application of—

(a) the offender, or

(b) the responsible officer,

amend a youth rehabilitation order by substituting a later date for the end date.

(2) Unless the application was made by the offender, the court—

(a) must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b) if the offender fails to appear in answer to the summons, may issue a warrant for the offender’s arrest.

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

(a) must not be more than 6 months after the existing end date;

(b) subject to that, may be more than 3 years after the date on which the order took effect.

(4) Once the power in sub-paragraph (1) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

Extension of unpaid work requirement

19 (1) This paragraph applies where a youth rehabilitation order imposing an unpaid work requirement is in force in respect of an offender.

(2) The appropriate court may, on the application of—

(a) the offender, or

(b) the responsible officer,

extend the period of 12 months specified in paragraph 10(1)(b) of Schedule 6, 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.

(3) Unless the application was made by the offender, the court—

(a) must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b) if the offender fails to appear in answer to the summons, may issue a warrant for the offender’s arrest.