AvailabilityE+W
177Youth rehabilitation order: availabilityE+W
(1)A youth rehabilitation order is available to a court by or before which an offender is convicted of an offence if the offender is aged under 18 at the time of the conviction.
(2)Subsection (1) is subject to—
(a)subsection (3), and
(b)section 37(8) of the Mental Health Act 1983 (youth rehabilitation order not to be made in combination with hospital order or guardianship order in respect of same offence).
(3)A youth rehabilitation order is not available if a mandatory sentence requirement applies in relation to the offence (see section 399)—
(a)because the sentence is fixed by law, or
(b)by virtue of—
(i)section 258 [F1or 258A] (required sentence of detention for life), or
(ii)section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons).
But this is subject to section 74 and Chapter 4 of Part 12 (reduction of sentence for assistance to prosecution).
Textual Amendments
F1Words in s. 177(3)(b)(i) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(2), 208(5)(b)
Commencement Information
I1S. 177 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
178Youth rehabilitation order with intensive supervision and surveillance or fostering: availabilityE+W
(1)A youth rehabilitation order which is—
(a)a youth rehabilitation order with intensive supervision and surveillance, or
(b)a youth rehabilitation order with fostering,
is available only in respect of an imprisonable offence.
(2)This is subject to paragraph 11(2) of Schedule 7 (powers of court in case of wilful and persistent failure to comply with youth rehabilitation order).
Commencement Information
I2S. 178 in force at 1.12.2020 by S.I. 2020/1236, reg. 2