Sentencing Act 2020 (c. 17)

SCHEDULES

SCHEDULE 8 E+W+N.I. Transfer of youth rehabilitation orders to Northern Ireland

Modifications etc. (not altering text)

C1 Sch. 8 applied (with modifications) by 2008 c. 4, s. 39(6)(d), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

PART 4 E+W+N.I. Effect of order made or amended in accordance with Part 1 of this Schedule

Powers of court in England or Wales where offender required to appear under paragraph 17 E+W+N.I.

19 (1) This paragraph applies where under paragraph 17 the home court requires the offender to appear before the relevant court in England and Wales. E+W+N.I.

(2) The relevant court may issue a warrant for the offender's arrest.

(3) The relevant court may exercise any power which it could exercise in respect of the youth rehabilitation order if the offender resided in England or Wales.

This is subject to paragraph 20.

(4) Any enactment relating to the exercise of such powers has effect accordingly, with any reference in it to the responsible officer being read as a reference to the relevant officer.

Commencement Information

I1 Sch. 8 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

20 (1) This paragraph applies where— E+W+N.I.

(a) the relevant court in England and Wales is exercising a power to amend a youth rehabilitation order by virtue of paragraph 19(3), and

(b) the offender resides in Northern Ireland.

(2) The court may not amend the youth rehabilitation order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by—

(a) the Probation Board for Northern Ireland, or

(b) any other designated body.

(3) The court may not impose either of the following requirements—

(a) a local authority residence requirement;

(b) a fostering requirement.

(4) The court may not amend the youth rehabilitation order to impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 5.

(5) The court may not—

(a) impose a requirement, or

(b) amend a requirement imposed by the youth rehabilitation order,

so that it is imposed in respect of more hours, days or months than the maximum number of hours, days or months in respect of which a court in Northern Ireland could impose a similar requirement in a corresponding order.

(6) The following apply in relation to the amendment of the youth rehabilitation order by virtue of paragraph 19(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule—

(a) paragraph 7,

(b) paragraphs 8 to 17.

Commencement Information

I2 Sch. 8 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2