Restrictions on imposing local authority residence requirementE+W
25E+WA court may not include a local authority residence requirement in a youth rehabilitation order made in respect of an offence unless the requirements in A to C are met.
1The court is satisfied that—
(a)the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and
(b)imposing that requirement would assist in the offender's rehabilitation.
2The court has consulted—
(a)a parent or guardian of the offender (unless it is impracticable to do so), and
(b)the local authority which is to receive the offender.
3The offender was legally represented in court when the court was considering whether to impose the local authority residence requirement, but this does not apply if—
(a)representation was made available to the offender for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the offender's conduct, or
(b)the offender has been informed of the right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.
For this purpose, “the proceedings” means—
the whole proceedings, or
the part of the proceedings relating to the imposition of the local authority residence requirement.
Commencement Information
I1Sch. 6 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2