3(1)The Secretary of State may by regulations amend any provision of sections 84 and 85, other than paragraphs (a) to (e) of section 84(1), to alter in any way the descriptions of offenders in whose case a referral order must or may be made.E+W
(2)The Secretary of State may by regulations amend any provision of paragraphs 14 to 16 of Schedule 4 to alter in any way the description of the offenders in the case of which an order extending the compliance period may be made.
(3)Any description of offender having effect by virtue of regulations under this paragraph may be framed by reference to such matters as the Secretary of State considers appropriate, including (in particular) one or more of the following—
(a)the offender's age,
(b)how the offender has pleaded,
(c)the offence (or offences) of which the offender has been convicted,
(d)the offender's previous convictions (if any),
(e)how (if at all) the offender has been previously punished or otherwise dealt with by any court, and
(f)any characteristics or behaviour of, or circumstances relating to, any person who has at any time been charged in the same proceedings as the offender (whether or not in respect of the same offence).
(4)Regulations under this paragraph are subject to the affirmative resolution procedure.
Commencement Information
I1Sch. 23 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2