SCHEDULES

SCHEDULE 3 E+W+N.I.Transfer of youth rehabilitation orders to Northern Ireland

Part 1 E+W+N.I.Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

Further provisions regarding the making or amending of youth rehabilitation orders under paragraph 1 or 2 E+W+N.I.

3 E+W+N.I.A youth rehabilitation order made or amended in accordance with paragraph 1 or 2 must—

(a) specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment takes effect, and

(b) specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Northern Ireland,

and paragraph 33 of Schedule 1 (local justice area to be specified in order) does not apply in relation to an order so made or amended.

Commencement Information

I1 Sch. 3 para. 3 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)

4 (1) Before making or amending a youth rehabilitation order in accordance with paragraph 1 or 2, the court must explain to the offender in ordinary language— E+W+N.I.

(a) the requirements of the legislation in Northern Ireland relating to the order to be specified under paragraph 3(b),

(b) the powers of the home court under that legislation, as modified by Part 2 of this Schedule, and

(c) its own powers under Part 2 of this Schedule.

(2) The court which makes or amends the order must—

(a) provide the persons mentioned in sub-paragraph (3) with a copy of the order as made or amended, and

(b) provide the home court with such other documents and information relating to the case as it considers likely to be of assistance to that court;

and sub-paragraphs (1) to (3) of paragraph 34 of Schedule 1 (provision of copies of orders) do not apply.

(3) The persons referred to in sub-paragraph (2)(a) are—

(a) the offender,

(b) where the offender is aged under 14—

(i) the offender's parent or guardian, or

(ii) if an authority in Northern Ireland has parental responsibility for, and is looking after, the offender, the authority,

(c) the body which is to make suitable arrangements for the offender's supervision under the order, and

(d) the home court.

(4) In sub-paragraph (3)(b)(ii)—

(a) “authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

(b) references to an offender who is looked after by an authority are to be construed in accordance with Article 25 of that Order, and

(c) “parental responsibility” has the same meaning as in that Order.

(5) In this paragraph, “home court” has the meaning given by paragraph 8.

Commencement Information

I2 Sch. 3 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(o)