Criminal Justice and Immigration Act 2008

Criminal Procedure (Scotland) Act 1995 (c. 46)

45 (1) Section 242 (community service orders: persons residing in England and Wales) is amended as follows.

(2) In subsection (1)(a)—

(a) in sub-paragraph (ii), after “Part 12 of the Criminal Justice Act 2003)” insert “, in any case where the offender has attained the age of 18 years, or an unpaid work requirement imposed by a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), in any other case”, and

(b) in sub-paragraph (iii), after “section 177 of the Criminal Justice Act 2003” insert “or, as the case may be, imposed by youth rehabilitation orders made under section 1 of the Criminal Justice and Immigration Act 2008”.

(3) In subsection (2)(b)—

(a) after “that court” insert “, in any case where the offender has attained the age of 18 years,” and

(b) after “2003” insert “or it appears to that court, in any other case, that provision can be made for the offender to perform work under the order under the arrangements which exist in that area for persons to perform work under unpaid work requirements imposed by youth rehabilitation orders made under section 1 of the Criminal Justice and Immigration Act 2008”.

(4) In subsection (3)(b)—

(a) after “the board” insert “or (as the case may be) require a provider of probation services to appoint an officer of the provider,”,

(b) after “the order” insert “—

(a)” , and

(c) at the end insert “; or

(b) the functions conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008 in respect of unpaid work requirements imposed by youth rehabilitation orders (within the meaning of that Part) as the case may be.”