Sentencing (Pre-consolidation Amendments) Act 2020

111 (1) Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) is amended as follows.

(2) In paragraph 2 (orders made on appeal), in paragraph (b), omit “the criminal division of”.

(3) In paragraph 6 (powers of magistrates’ court), in sub-paragraph (2)—

(a) in paragraph (b), for “which could have been included in the order when it was made—” substitute “which, if the court had just convicted the offender of the offence in respect of which the order was made, the court could include in a youth rehabilitation order in respect of that offence (if the offender were the same age as when in fact convicted of the offence)—”;

(b) in paragraph (c), for the words after “could” substitute “deal with the offender if the offender had just been convicted by it of that offence (but were the same age as when in fact convicted of the offence).”

(4) In paragraph 7 (power of magistrates’ court to refer offender to Crown Court)—

(a) in sub-paragraph (1)(b), omit “would (apart from that sub-paragraph) be required, or”;

(b) in sub-paragraph (2)(a), for “in” substitute “to”.

(5) In paragraph 8 (powers of Crown Court), in sub-paragraph (2)—

(a) in paragraph (b), for “which could have been included in the order when it was made—” substitute “which, if the offender had just been convicted on indictment of the offence in respect of which the order was made, the Crown Court could include in a youth rehabilitation order in respect of that offence (if the offender were the same age as when in fact convicted of the offence)—”;

(b) in paragraph (c), for the words after “Crown Court” substitute “, or, if the youth rehabilitation order was made by the Crown Court in circumstances where its powers to deal with the offender for the offence were those (however expressed) which would have been exercisable by a magistrates’ court on convicting the offender of the offence, a magistrates’ court, could deal with the offender for that offence if the offender had just been convicted by or before it of the offence (but were the same age as when in fact convicted of the offence)”.

(6) In paragraph 10 (power to amend amounts of fines), for sub-paragraph (4) substitute—

“(4) Provision that may be made by an order under sub-paragraph (1) (a “fine amendment order”) includes provision that has effect in relation to a youth rehabilitation order made in respect of an offence (whenever committed) of which the offender was convicted after the fine amendment order comes into force.”

(7) In paragraph 11 (revocation of order with or without re-sentencing: powers of appropriate court)—

(a) in sub-paragraph (2)(b)(ii) for the words after “could” substitute “deal with the offender if the offender had just been convicted by it of that offence (but were the same age as when in fact convicted of the offence)”;

(b) in sub-paragraph (6), omit “by the offender”.

(8) In paragraph 12 (revocation of order with or without re-sentencing: powers of Crown Court)—

(a) in sub-paragraph (2)(b)(ii), for the words after “could” substitute “deal with the offender for that offence if the offender had just been convicted before it of the offence (but were the same age as when in fact convicted of the offence)”;

(b) after sub-paragraph (2) insert—

“(2A) If the youth rehabilitation order was made—

(a) by a magistrates’ court, or

(b) by the Crown Court in circumstances where its powers to deal with the offender for the offence were those (however expressed) which would have been exercisable by a magistrates’ court on convicting the offender of the offence,

the power of the Crown Court under sub-paragraph (2)(b)(ii) is power to deal with the offender in any way in which a magistrates’ court could deal with the offender if it had just convicted the offender of the offence (but as if the offender were the same age as when in fact convicted).”;

(c) in sub-paragraph (5) omit “by the offender”.

(9) In paragraph 13 (amendment by appropriate court), in sub-paragraph (4)(b), for “which could have been included in the order when it was made” substitute “which, if the court had just convicted the offender of the offence in respect of which the order was made, the court could include in a youth rehabilitation order in respect of that offence (if the offender were the same age as when in fact convicted of the offence)”.

(10) In paragraph 14 (amendment by Crown Court), in sub-paragraph (4)(b), for “which could have been included in the order when it was made” substitute “which, if the offender had just been convicted before it of the offence in respect of which the order was made, the Crown Court could include in a youth rehabilitation order in respect of that offence (if the offender were the same age as when in fact convicted of the offence).”

(11) In paragraph 16 (exercise of powers under paragraph 13(4) or 14(4): further provisions)—

(a) in sub-paragraph (4)(b), for the words after “could” substitute “deal with the offender for that offence if the offender had just been convicted by or before it of the offence (but were the same age as when in fact convicted of the offence)”;

(b) after sub-paragraph (4) insert—

“(4A) Where—

(a) it falls to the Crown Court to exercise the power in sub-paragraph (4)(b), and

(b) the Crown Court made the youth rehabilitation order in circumstances where its powers to deal with the offender for the offence were those (however expressed) which would have been exercisable by a magistrates’ court on convicting the offender of the offence,

the power of the Crown Court under sub-paragraph (4)(b) is power to deal with the offender in any way in which a magistrates’ court could deal with the offender if it had just convicted the offender of the offence (but as if the offender were the same age as when in fact convicted).”

(12) In paragraph 17 (extension of unpaid work requirement), in paragraph (b) after “appropriate court” insert “(within the meaning of paragraph 16A)”.

(13) In paragraph 18 (powers of magistrates’ court following subsequent conviction)—

(a) in sub-paragraph (4), for the words after “could” substitute “deal with the offender if the offender had just been convicted by it of that offence (but were the same age as when in fact convicted of the offence)”;

(b) in sub-paragraph (9)(a), for “in” substitute “to”;

(c) in sub-paragraph (11)(a), for “in” substitute “to”.

(14) In paragraph 19 (powers of Crown Court following subsequent conviction)—

(a) in sub-paragraph (3), for the words after “could” substitute “deal with the offender for that offence if the offender had just been convicted before it of that offence (but were the same age as when in fact convicted of that offence)”;

(b) after that sub-paragraph insert—

“(3A) If the youth rehabilitation order was made—

(a) by a magistrates’ court, or

(b) by the Crown Court in circumstances where its powers to deal with the offender for the offence were those (however expressed) which would have been exercisable by a magistrates’ court on convicting the offender of the offence,

the power of the Crown Court under sub-paragraph (3) is power to deal with the offender in any way in which a magistrates’ court could deal with the offender if it had just convicted the offender of the offence (but as if the offender were the same age as when in fact convicted).”

(15) In paragraph 20 (appearance of offender before court)—

(a) in sub-paragraph (2)—

(i) for “make an order” substitute “exercise those powers only to make an order doing one or more of the following”;

(ii) in paragraph (b), omit “, or reducing the duration of,”;

(iii) after that paragraph insert—

“(ba) replacing a requirement of a youth rehabilitation order with one of a shorter duration;”;

(b) after that sub-paragraph insert—

“(3) This paragraph also does not apply where a court proposes to exercise its powers under Part 5 of this Schedule where the offender is before the court.”

(16) In paragraph 21 (warrants)—

(a) in sub-paragraph (2)(b), for “a magistrates’ court” substitute “a youth court (or, if the offender is 18 or over, a magistrates’ court other than a youth court)”;

(b) in sub-paragraph (9), omit paragraph (b) (and the word “and” immediately before it).

(17) For paragraph 23 (restrictions on imposition of intensive supervision and surveillance or fostering) substitute—

“23 Paragraphs 6(2)(b), 8(2)(b), 13(4)(b) and 14(4)(b) have effect in relation to the imposition of any requirement under any of those paragraphs subject to any provision that applies to the court in making a youth rehabilitation order as if the court were imposing that requirement on making the order.”

(18) In paragraph 24 (provision of copies of orders etc)—

(a) in sub-paragraph (1)—

(i) in the opening words omit “the proper officer of”;

(ii) in paragraph (c)(i), omit “the local probation board acting for that area or (as the case may be)”;

(b) in sub-paragraph (2)—

(i) omit “the proper officer of”;

(ii) for “the officer” substitute “the court”;

(c) omit sub-paragraph (3).

(19) In paragraph 25 (power to amend maximum period of fostering requirement)—

(a) the existing paragraph becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

“(2) Provision that may be made by an order under this paragraph includes provision that has effect in relation to an offence (whenever committed) of which an offender is convicted after the order comes into force.”