PART 2

Young offenders

Other matters

Referral orders: alternatives to revocation for breach of youth offender contract
43
1
In Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000, after paragraph 6 insert—

Power of court to impose fine or extend period for which contract has effect
6A
1
This paragraph applies where—
a
an offender has been referred back to the appropriate court under section 22(2), 26(5) or 27(4), and
b
it is proved to the satisfaction of the court that the offender has failed, without reasonable excuse, to comply with the terms of a contract under section 23.
2
If the court does not revoke the order under paragraph 5 it may—
a
order the offender to pay a fine of an amount not exceeding £2,500, or
b
make an order extending the length of the period for which the contract under section 23 has effect.
3
The court may not extend the length of the period for which the contract has effect so that it becomes longer than 12 months.
4
If the period for which the contract has effect has expired (whether before or after the referral of the offender back to court) the court—
a
may make an order under sub-paragraph (2)(a), but
b
may not make an order under sub-paragraph (2)(b).
5
The court may not exercise a power under sub-paragraph (2) unless the offender is present before it.
6
A fine imposed under sub-paragraph (2)(a) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
7
The Secretary of State may by order amend any sum for the time being specified in sub-paragraph (2)(a).
2
In paragraph 7 of that Schedule, in sub-paragraph (2), at the end insert “(subject to any order under paragraph 6A(2)(b))”.
3
In the heading before paragraph 7 of that Schedule, at the beginning insert “Consequences of”.
4
In section 160(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (statutory instruments subject to affirmative resolution procedure), after “103(2)” insert “or paragraph 6A(7) of Schedule 1”.
5
The amendments made by this section apply only in relation to a person who fails to comply with the terms of a youth offender contract after this section comes into force.