Sentencing Act 2020 (c. 17)

SCHEDULES

SCHEDULE 23 E+W+N.I. Powers to amend the Sentencing Code

PART 5 E+W+N.I. Youth rehabilitation orders

Responsible officer E+W

8 (1) The Secretary of State may by regulations— E+W

(a) amend section 191 (meaning of “the responsible officer”), and

(b) make any other amendments of—

(i) Chapter 1 of Part 9 (youth rehabilitation orders), or

(ii) any provision of this Act derived from Chapter 1 of Part 12 of the Criminal Justice Act 2003 (general provisions about sentencing),

that appear to be necessary or expedient in consequence of any amendment made by virtue of paragraph (a).

(2) Regulations under sub-paragraph (1) may, in particular, provide for the court to determine which of two or more descriptions of responsible officer is to apply in relation to any youth rehabilitation order.

(3) Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I1 Sch. 23 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to amend limits E+W

9 (1) The Secretary of State may by regulations substitute a maximum number of hours, or a period, for the time being specified in [F1 any] of the following provisions of Schedule 6 (youth rehabilitation order: requirements)— E+W

(a) paragraph 10(3) (unpaid work requirement), or

(b) paragraph [F2 18(4) or (4A)] (curfew requirement).

(2) The Secretary of State may by regulations substitute a period for the time being specified in any of the following provisions of Schedule 6 (youth rehabilitation order: requirements)—

(a) paragraph 18(5) (curfew requirement);

(b) paragraph 20(3) (exclusion requirement);

(c) paragraph 24(4)(a) (local authority residence requirement);

(d) paragraph 26(3)(a) (fostering requirement).

(3) Regulations under this paragraph which amend paragraph 26(3)(a) of Schedule 6 may also make consequential amendments of paragraphs 10(9) and (10) and 17(5) and (6) of Schedule 7.

(4) Regulations under this paragraph are subject to the affirmative resolution procedure.

Textual Amendments

F1 Word in Sch. 23 para. 9(1) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 20(a)

F2 Words in Sch. 23 para. 9(1)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 20(b)

Modifications etc. (not altering text)

C1 Sch. 23 para. 9 applied (with modifications) by 2008 c. 4, s. 39(6)(e), Sch 7 (as amended) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I2 Sch. 23 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to amend fines for breach of youth rehabilitation order E+W

10 (1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 6(5)(a) or 7(2)(a) of Schedule 7 (fine on breach of youth rehabilitation order). 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) 3 December 2012, or

(b) if the sum specified in paragraph 6(5)(a) or 7(2)(a) (as the case may be) of Schedule 7 has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted.

(4) Regulations under this paragraph are subject to the negative resolution procedure.

Commencement Information

I3 Sch. 23 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Maximum period of fostering requirement where imposed by virtue of Schedule 7 E+W

11 (1) The Secretary of State may by regulations amend paragraph 10(10) or 17(6) of Schedule 7 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 previous regulations under this paragraph,

such other period as may be specified in the regulations.

(2) Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I4 Sch. 23 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to amend provisions of Schedule 8 in consequence of changes to the law in Northern Ireland E+W+N.I.

12 (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 regulations make such amendments to Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland) as appear expedient in consequence of the change.

(3) Regulations under this paragraph are subject to the negative resolution procedure.

Commencement Information

I5 Sch. 23 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2