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Sentencing Act 2020

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 69

SCHEDULE 1Offences where terrorist connection to be considered

Common law offences

1Murder.

2Manslaughter.

3Kidnapping.

Statutory offences

4An offence under any of the following provisions of the Offences against the Person Act 1861—

(a)section 4 (soliciting murder);

(b)section 18 (wounding with intent);

(c)section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);

(d)section 28 (causing bodily injury by explosives);

(e)section 29 (using explosives etc with intent to do grievous bodily harm);

(f)section 30 (placing explosives with intent to do bodily injury);

(g)section 64 (making or having gunpowder etc with intent to commit or enable any person to commit any felony mentioned in the Act).

5An offence under any of the following provisions of the Explosive Substances Act 1883—

(a)section 2 (causing explosion likely to endanger life or property);

(b)section 3 (attempt to cause explosion or making or keeping explosive with intent to endanger life or property);

(c)section 4 (making or possession of explosive under suspicious circumstances);

(d)section 5 (punishment of accessories).

6An offence under section 1 of the Biological Weapons Act 1974 (restriction on development etc of certain biological agents and toxins and of biological weapons).

7An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

8An offence under any of the following provisions of the Aviation Security Act 1982—

(a)section 1 (hijacking);

(b)section 2 (destroying, damaging or endangering safety of aircraft);

(c)section 3 (other acts endangering or likely to endanger safety of aircraft);

(d)section 4 (offences in relation to certain dangerous articles);

(e)section 6(2) (inducing or assisting commission of offence under section 1, 2 or 3 outside the United Kingdom).

9An offence under any of the following provisions of the Nuclear Material (Offences) Act 1983—

(a)section 1B (offences relating to damage to the environment);

(b)section 1C (offences of importing or exporting etc nuclear materials: extended jurisdiction);

(c)section 2 (offences involving preparatory acts and threats), so far as relating to an offence specified in this Schedule.

10An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a)section 1 (endangering safety at aerodromes);

(b)section 9 (hijacking of ships);

(c)section 10 (seizing or exercising control of fixed platforms);

(d)section 11 (destroying ships or fixed platforms or endangering their safety);

(e)section 14(4) (inducing or assisting the commission of an offence outside the United Kingdom), so far as relating to an offence under section 9 or 11 of that Act.

11An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences against the safety of channel tunnel trains and the tunnel system).

12An offence under either of the following provisions of the Chemical Weapons Act 1996—

(a)section 2 (use etc of chemical weapons);

(b)section 11 (premises or equipment for producing chemical weapons).

13An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001—

(a)section 47 (use etc of nuclear weapons);

(b)section 114 (hoaxes involving noxious substances or things).

Ancillary offences

14An inchoate offence in relation to an offence specified in paragraphs 1 to 13.

Section 81

SCHEDULE 2Order for conditional discharge: commission of further offence

Application of Schedule

1This Schedule applies where an order for conditional discharge has been made in respect of an offence (“the original offence”).

Orders made on appeal

2If the order for conditional discharge was made on appeal, for the purposes of this Schedule it is to be taken—

(a)if it was made on an appeal from a magistrates’ court, to have been made by that magistrates’ court;

(b)if it was made on an appeal—

(i)from the Crown Court, or

(ii)from the Court of Appeal,

to have been made by the Crown Court.

Issue of summons or warrant by justice of the peace

3(1)This paragraph applies where—

(a)the order for conditional discharge was made by a magistrates’ court, and

(b)it appears to a justice of the peace on information that the offender—

(i)has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and

(ii)has been dealt with in respect of that offence.

(2)The justice may—

(a)issue a summons requiring the offender to appear at the place and time specified in it, or

(b)if the information is in writing and on oath, issue a warrant for the offender’s arrest.

(3)A summons or warrant issued under this paragraph must direct the offender to appear or to be brought before the court which made the order for conditional discharge.

Issue of summons or warrant by Crown Court

4(1)This paragraph applies where—

(a)the order for conditional discharge was made by the Crown Court, and

(b)it appears to the Crown Court that the offender—

(i)has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and

(ii)has been dealt with in respect of that offence.

(2)The Crown Court may issue—

(a)a summons requiring the offender to appear at the place and time specified in it, or

(b)a warrant for the offender’s arrest.

(3)A summons or warrant issued under this paragraph must direct the offender to appear or to be brought before the Crown Court.

Power of magistrates’ court convicting offender of further offence

5(1)This paragraph applies where the offender is convicted by a magistrates’ court (“the convicting court”) of an offence committed during the period of conditional discharge.

(2)If the order for conditional discharge was made by the convicting court, that court may re-sentence the offender for the original offence.

(3)If the order for conditional discharge was made by another magistrates’ court, the convicting court may, with the consent of the court which made the order, re-sentence the offender for the original offence.

(4)If the order for conditional discharge was made by the Crown Court, the convicting court—

(a)may commit the offender in custody or on bail to the Crown Court, and

(b)if it does so, must send the Crown Court a copy of the minute or memorandum of the conviction entered in the register, signed by the designated officer by whom the register is kept.

(5)In sub-paragraph (4), the “register” means the register of proceedings before a magistrates’ court required by the Criminal Procedure Rules to be kept by the designated officer of the court.

(6)For powers of the convicting court, where it commits a person under sub-paragraph (4), to commit a person to the Crown Court in respect of other offences, see section 20.

Conviction of further offence by another court: power of magistrates’ court which made order

6(1)This paragraph applies where—

(a)the order for conditional discharge was made by a magistrates’ court (“the original court”),

(b)it is proved to the satisfaction of the original court that the offender has been convicted by another court in Great Britain of an offence committed during the period of conditional discharge.

(2)The original court may re-sentence the offender for the original offence.

Powers of Crown Court with respect to original offence following subsequent conviction

7(1)Sub-paragraph (2) applies where—

(a)the offender—

(i)is convicted before the Crown Court of an offence committed during the period of conditional discharge, or

(ii)is brought or appears before the Crown Court having been committed by a magistrates’ court for sentence in respect of any such offence, or

(b)the order for conditional discharge was made by the Crown Court and it is proved to the satisfaction of the Crown Court that the offender has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge.

(2)The Crown Court may re-sentence the offender for the original offence.

(3)Any question under this paragraph whether the offender has been convicted of an offence committed during the period of conditional discharge is to be determined by the court and not by the verdict of a jury.

(4)Where the offender is committed to the Crown Court under sub-paragraph (4) of paragraph 5, any duty or power which, apart from this sub-paragraph, would fall to be discharged or exercised by the convicting court (within the meaning of that paragraph)—

(a)is not to be discharged or exercised by that court, but

(b)is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates’ court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (certain duties relating to information).

Section 96

SCHEDULE 3Youth offender contract: programme of behaviour

1This Schedule applies to a programme of behaviour agreed between an offender and a youth offender panel under section 96.

2The programme may, in particular, include requiring the offender to—

(a)make financial or other reparation to any victim;

(b)attend mediation sessions with any victim;

(c)carry out unpaid work or service in or for the community;

(d)be at home at times specified in or determined under the programme;

(e)attend a school or other educational establishment or a place of work;

(f)participate in activities specified in the programme;

(g)meet persons specified in the programme at times and places specified in or determined under the programme;

(h)stay away from places specified in the programme;

(i)stay away from persons specified in the programme.

This is subject to paragraphs 5 and 6.

3The programme may include provision for the offender’s compliance with the programme to be supervised and recorded.

4Activities that may be specified by virtue of paragraph 2(f) include, in particular, activities—

(a)designed to address the offending behaviour,

(b)offering education or training, or

(c)assisting with the rehabilitation of persons dependent on, or having a propensity to misuse, alcohol or drugs.

5The programme may not provide for—

(a)electronic monitoring of the offender’s whereabouts, or

(b)any physical restriction to be imposed on the offender’s movements.

6No term which provides for anything to be done to or with any victim may be included in the programme without the victim’s consent.

7In this Schedule “victim” means any person who appears to the panel to be a victim of, or otherwise affected by, the offence or any of the offences for which the offender was referred to the panel.

Section 104

SCHEDULE 4Referral order: further court proceedings

PART 1Referral back to court for further proceedings

Introductory

1This Part of this Schedule applies where a youth offender panel refers an offender back to court under Chapter 1 of Part 6 (referral orders).

Mode of referral back to court

2To make the referral, the panel must send a report to the appropriate court explaining why the offender is being referred back to court.

Bringing the offender before the court

3(1)Where the appropriate court receives a report under paragraph 2, the court must cause the offender to appear before it.

(2)For that purpose, a justice acting in the same local justice area as the appropriate court may—

(a)issue a summons requiring the offender to appear before the appropriate court at the place and time specified in the summons, or

(b)if the report is substantiated on oath, issue a warrant for the offender’s arrest which requires the offender to be brought before the appropriate court.

Detention and remand of arrested offender

4(1)This paragraph applies where an offender—

(a)is arrested under a warrant issued under paragraph 3(2), and

(b)cannot immediately be brought before the appropriate court.

(2)The person in whose custody the offender is—

(a)may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and

(b)must, within that period, bring the offender before a youth court (or, if the offender is aged 18 or over, a magistrates’ court other than a youth court).

(3)A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.

5(1)This paragraph applies where the court before which the offender is brought under paragraph 4(2) (“the alternative court”) is not the appropriate court.

(2)The alternative court may—

(a)direct that the offender is to be released immediately, or

(b)remand the offender.

(3)Section 128 of the Magistrates’ Courts Act 1980 (remand in custody or on bail) applies as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the appropriate court.

(4)If the offender is aged under 18, any power conferred by that section to remand the offender in custody includes a power to remand the offender to accommodation provided by or on behalf of a local authority.

(5)If a court remands the offender to accommodation provided by or on behalf of a local authority, it must designate, as the authority which is to receive the offender, the local authority for the area in which it appears to the court that the offender resides or will reside.

Powers of court on referral back

6Paragraphs 7 to 10 apply where the offender was referred back to court under—

(a)section 92(3) (offender’s failure to attend panel meeting);

(b)section 98(3) (no prospect of agreement on youth offender contract);

(c)section 98(4) (unreasonable failure to sign record of agreement);

(d)section 100(3) (breach of contract);

(e)section 100(6) (unreasonable failure to sign record of variation);

(f)section 100(8) (change of circumstances);

(g)section 101(5) (final meeting: order not discharged);

(h)section 102(2) (panel requesting revocation of order).

Power of court where it upholds panel’s decision

7(1)Sub-paragraph (2) applies where the appropriate court is satisfied, for any decision of the youth offender panel which resulted in the referral back to court, that—

(a)so far as the decision relied on any finding of fact by the youth offender panel, the panel was entitled to make that finding in the circumstances, and

(b)so far as the decision involved any exercise of discretion by the youth offender panel, the panel reasonably exercised that discretion in the circumstances.

(2)The court may revoke the referral order (or each of the referral orders).

(3)Revocation of an order under sub-paragraph (2) has the effect of revoking any related order under paragraph 9(2), 12 or 15 (extension of compliance period).

(4)Where an order is revoked under sub-paragraph (2) or by virtue of sub-paragraph (3), the appropriate court may re-sentence the offender for the offence in respect of which the revoked order was made (but assuming that a referral order is not available).

(5)In re-sentencing the offender under sub-paragraph (4), the appropriate court must take into account—

(a)the circumstances of the offender’s referral back to the court, and

(b)where a youth offender contract has taken effect between the offender and the panel, the extent of the offender’s compliance with the contract.

(6)A power under sub-paragraph (2) or (4)

(a)may not be exercised unless the offender is before the appropriate court, and

(b)is not affected by the expiry of the compliance period (whether before or after the offender was referred back to court), in a case where a youth offender contract has taken effect.

Appeal

8An offender re-sentenced under paragraph 7(4) for an offence may appeal to the Crown Court against the sentence.

Power of court to impose fine or extend period for which contract has effect

9(1)This paragraph applies where—

(a)the reference back to court was made under—

(i)section 92(3) (offender’s failure to attend panel meeting),

(ii)section 100(3) (breach of contract), or

(iii)section 101(5) (final meeting: order not discharged),

(b)the offender is before the appropriate court,

(c)the appropriate court is satisfied that the offender has failed without reasonable excuse to comply with a youth offender contract which has taken effect between the offender and a youth offender panel, and

(d)the appropriate court does not revoke the order under paragraph 7.

(2)The appropriate court may make an order extending the length of the compliance period, but—

(a)not to more than 12 months, and

(b)not if the compliance period has already expired.

(3)The court may order the offender to pay a fine of an amount not exceeding £2,500.

(4)Expiry of the compliance period (whether before or after the offender was referred back to court) does not affect the power to impose a fine under sub-paragraph (3).

(5)A fine imposed under sub-paragraph (3) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

Consequences of court not revoking referral order or orders

10(1)This paragraph applies where, having considered the matters in sub-paragraph (1) of paragraph 7, the appropriate court does not revoke the referral order (or orders) to which the offender is subject.

(2)The offender remains subject to the referral order (or orders) in all respects as if the referral back to court had not occurred (subject to any order under paragraph 9(2) (extension of compliance period)).

(3)But if—

(a)a youth offender contract has taken effect in pursuance of the referral order (or orders),

(b)the compliance period has expired, and

(c)the referral order (or each of the referral orders) has not been revoked,

the court must make an order declaring that the referral order (or each of the referral orders) is discharged.

(4)An order under sub-paragraph (3) has the effect of discharging any related order under paragraph 9(2), 12 or 15 (extension of compliance period).

Exception where court satisfied as to completion of contract

11(1)This paragraph applies where—

(a)the reference back to court was made under section 101(5) (final meeting: order not discharged), and

(b)the court decides (contrary to the decision of the panel) that the offender’s compliance with the youth offender contract has, or will by the end of the compliance period have, been such as to justify the conclusion that the offender has, or will have, satisfactorily completed the youth offender contract.

(2)The court must make an order declaring that the referral order (or each of the referral orders) is discharged.

(3)An order under sub-paragraph (2) has the effect of discharging any related order under paragraph 9(2), 12 or 15 (extension of compliance period).

Referral back for extension of compliance period

12(1)This paragraph applies where—

(a)the reference back to court was made under section 103(2) (request for extension of compliance period),

(b)the youth offender contract has taken effect and the compliance period has not expired, and

(c)the offender is before the appropriate court.

(2)If it appears to the appropriate court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the contract took effect, it may make an order extending the length of the compliance period but—

(a)not by more than 3 months, and

(b)not to more than 12 months.

(3)When deciding whether to make an order under sub-paragraph (2), the court must take into account the extent of the offender’s compliance with the contract.

Power to adjourn hearing and remand offender

13(1)This paragraph applies where a youth court or other magistrates’ court holds a hearing in proceedings under this Part of this Schedule.

(2)The court may adjourn the hearing.

(3)Where the court adjourns the hearing under sub-paragraph (2), it may—

(a)direct that the offender be released immediately, or

(b)remand the offender.

(4)Where the court remands the offender under sub-paragraph (3)

(a)it must fix the time and place at which the hearing is to be resumed, and

(b)the remand must require the offender to be brought before the court at that time and place.

(5)Where the court adjourns the hearing under sub-paragraph (2), but does not remand the offender—

(a)it may fix the time and place at which the hearing is to be resumed, but

(b)if it does not do so, it must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place for the resumed hearing—

(i)the offender,

(ii)if the offender is aged under 14, a parent or guardian of the offender, and

(iii)a member of the specified youth offending team.

(6)The powers of a magistrates’ court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates’ Courts Act 1980.

(7)This paragraph—

(a)applies to any hearing in proceedings under this Part of this Schedule in place of section 10 of the Magistrates’ Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b)is not to be taken to affect the application of that section to hearings of any other description.

PART 2Further convictions during referral

Introductory

14This Part of this Schedule applies where—

(a)a referral order has been made in respect of an offender and has not been discharged or revoked,

(b)the offender is aged under 18, and

(c)a court is dealing with the offender for an offence (“the new offence”).

Power of magistrates’ court to deal with further offence by extending compliance period

15(1)This paragraph applies if the court dealing with the offender for the new offence is a youth court or other magistrates’ court.

(2)An order under this paragraph is available in respect of the new offence if neither the new offence nor any offence connected with it is one the sentence for which is fixed by law.

(3)The court may sentence the offender for the new offence by making an order extending the length of the compliance period, but not to more than 12 months.

Supplementary

16(1)This paragraph applies where a court makes an order under paragraph 15 in respect of the new offence.

(2)The court must not deal with the offender for the new offence, or any offence connected with it, by making an order of the kind mentioned in section 89(3) (orders not available where court makes referral order).

(3)In respect of any offence connected with the new offence, the court must make—

(a)an order under paragraph 15, or

(b)an order for absolute discharge.

Further convictions: power of any court to revoke referral orders

17(1)This paragraph applies where, in dealing with the offender for the new offence, the court makes an order other than—

(a)an order under paragraph 15, or

(b)an order for absolute discharge or an order for conditional discharge.

(2)If it appears to the court to be in the interests of justice to do so, the court—

(a)may revoke the referral order (or any one or more of the referral orders), and

(b)if it revokes a referral order, may re-sentence the offender for the offence in respect of which the revoked order was made (but assuming that a referral order is not available).

(3)Revocation of a referral order under sub-paragraph (2) has the effect of revoking any related order under paragraph 9(2), 12 or 15 (extension of compliance period).

(4)When re-sentencing the offender under sub-paragraph (2)(b), if a youth offender contract has taken effect between the offender and the panel, the court must take into account the extent of the offender’s compliance with the contract.

(5)For the purposes of this paragraph it does not matter whether the new offence was committed before or after the offender was referred to the panel.

Section 115

SCHEDULE 5Breach, revocation and amendment of reparation order

PART 1Breach of reparation order

Application to court

1(1)This Part of this Schedule applies where—

(a)a reparation order is in force in respect of an offender, and

(b)the responsible officer makes an application to the appropriate court under this paragraph for it to exercise its powers under paragraph 2.

(2)In this paragraph “appropriate court” means—

(a)if the offender is aged under 18, a youth court acting in the relevant local justice area, and

(b)if the offender is aged 18 or over, a magistrates’ court (other than a youth court) acting in that local justice area.

(3)In sub-paragraph (2) “relevant local justice area” means—

(a)the local justice area in which the offender resides, or

(b)if it is not known where the offender resides, the offender’s home local justice area.

(4)Where the responsible officer makes an application to the appropriate court under this paragraph, the officer may bring the offender before the court.

Powers of appropriate court

2(1)This paragraph applies if it is proved to the satisfaction of the appropriate court that the offender has breached any requirement of the reparation order.

(2)The appropriate court—

(a)may order the offender to pay a fine of an amount not exceeding £1,000;

(b)if the reparation order was made by a magistrates’ court, may revoke the order and re-sentence the offender for the offence in respect of which the order was made, or

(c)if the reparation order was made by the Crown Court, may—

(i)commit the offender to custody, or

(ii)release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(3)Where the appropriate court deals with the offender’s case under sub-paragraph (2)(c) it must send the Crown Court a certificate signed by a justice of the peace giving—

(a)particulars of the offender’s failure to comply with the requirement in question, and

(b)such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(4)The appropriate court may not make an order under this paragraph unless the offender is before the court.

(5)For powers to issue a summons or warrant to secure the offender’s attendance, see paragraph 6.

(6)In dealing with the offender under this paragraph the appropriate court must take into account the extent to which the offender has complied with the requirements of the reparation order.

(7)A fine imposed under this paragraph is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(8)Where—

(a)the offender is aged under 18, and

(b)but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(a),

section 380 (order for payment by parent or guardian) applies to the fine.

Powers of Crown Court

3(1)This paragraph applies where—

(a)by virtue of paragraph 2(2)(c) the offender is brought or appears before the Crown Court, and

(b)it is proved to the satisfaction of that court that the offender has breached the requirement in question.

(2)The Crown Court may re-sentence the offender for the offence in respect of which the reparation order was made.

(3)Where the Crown Court deals with the offender under sub-paragraph (2), it must revoke the reparation order if it is still in force.

(4)In dealing with an offender under this paragraph the court must take into account the extent to which the offender has complied with the requirements of the reparation order.

(5)The appropriate court may not make an order under this paragraph unless the offender is before the court.

(6)For powers to issue a summons or warrant to secure the offender’s attendance, see paragraph 6.

(7)In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the reparation order is to be determined by the court and not by the verdict of a jury.

Orders made on appeal

4A reparation order made on appeal is to be taken, for the purposes of this Part of this Schedule—

(a)if it was made on an appeal from a magistrates’ court, to have been made by that magistrates’ court;

(b)if it was made on an appeal—

(i)from the Crown Court, or

(ii)from the Court of Appeal,

to have been made by the Crown Court.

PART 2Revocation and amendment of reparation order

5(1)This paragraph applies where—

(a)a reparation order is in force in respect of an offender, and

(b)the offender or the responsible officer makes an application to the relevant court under this paragraph.

(2)In this paragraph “the relevant court” means—

(a)a youth court acting in the offender’s home local justice area, or

(b)in the case of an application made both under this paragraph and under paragraph 1, the appropriate court (as defined in that paragraph).

(3)Where the responsible officer makes an application to a court under this paragraph, the responsible officer may bring the offender before the court.

But this is subject to paragraph 6.

(4)If it appears to the relevant court that it is appropriate to make an order under this sub-paragraph, the court may—

(a)make an order revoking the reparation order, or

(b)make an order amending it—

(i)by cancelling any provision included in it, or

(ii)by inserting in it (either in addition to or in substitution for any of its provisions) any provision which it could include in a reparation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence.

(5)In this paragraph—

  • “relevant offence” means the offence in respect of which the reparation order was made, and

  • the “relevant assumptions” are that—

    (a)

    the offender has just been convicted by the relevant court of the relevant offence, and

    (b)

    the offender is the same age as when in fact convicted of that offence.

(6)Unless the offender is before it, the relevant court may not amend the reparation order under this paragraph, except to—

(a)cancel a requirement included in the order,

(b)substitute a new local justice area for the offender’s home local justice area specified in the order, or

(c)change the responsible officer.

(7)Where an application under this paragraph for the revocation of a reparation order is dismissed, no-one may make a further application for its revocation under this paragraph except with the consent of the relevant court.

PART 3Supplementary

Issue of summons or warrant

6(1)This paragraph applies where an application is made under paragraph 1 or 5.

(2)For the purpose of securing the attendance of the offender before it, the court to which the application is made may issue a summons.

(3)If—

(a)the offender fails to appear in court in answer to the summons, and

(b)it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed by rules of court, that the summons—

(i)could not be served, or

(ii)was served on the offender within what appears to the court to be a reasonable time before the hearing,

the court may issue a warrant.

(4)This paragraph does not affect any other power to issue a summons or warrant.

Warrants

7(1)This paragraph applies where an offender—

(a)is arrested under a warrant issued under paragraph 6, and

(b)cannot immediately be brought before the court before which the warrant directs the offender to be brought (“the relevant court”).

(2)The person in whose custody the offender is—

(a)may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and

(b)must, within that period, bring the offender before a youth court.

(3)A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.

8(1)Where the court before which the offender is brought under paragraph 7(2) (“the alternative court”) is not the relevant court, the alternative court may—

(a)direct that the offender be released forthwith, or

(b)remand the offender.

(2)If the offender is aged under 18, the power in sub-paragraph (1)(b) is a power to remand the offender to accommodation provided by or on behalf of a local authority.

(3)Where a court remands an offender under this paragraph to accommodation provided by or on behalf of a local authority, it must designate the local authority which is to receive the offender.

(4)The designated authority must be—

(a)the local authority for the area in which the offender resides, or

(b)if it appears to the court that the offender does not reside in the area of a local authority, must be a local authority in whose area the offence or an associated offence was committed.

Power to adjourn hearing and remand offender

9(1)This paragraph applies to any hearing relating to an offender held by a youth court in any proceedings under this Schedule.

(2)The court may adjourn the hearing.

(3)Where it adjourns the hearing under sub-paragraph (2), it may—

(a)direct that the offender be released forthwith, or

(b)remand the offender.

(4)Where the court remands the offender under sub-paragraph (3)

(a)it must fix the time and place at which the hearing is to be resumed, and

(b)that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(5)Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a)it may fix the time and place at which the hearing is to be resumed, but

(b)if it does not do so, it must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place for the resumed hearing—

(i)the offender,

(ii)if the offender is aged under 14, a parent or guardian of the offender, and

(iii)the responsible officer.

(6)The powers of a youth court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates’ Courts Act 1980.

(7)This paragraph—

(a)applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates’ Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b)is not to be taken to affect the application of that section to hearings of any other description.

Appeals

10The offender may appeal to the Crown Court against—

(a)any order made under paragraph 2(1) (order made by appropriate court on breach of reparation order),

(b)any order made under paragraph 5(4)(b) (amendment of order), other than an order which only does one or more of the following—

(i)cancels a requirement included in the order,

(ii)substitutes a new local justice area for the offender’s home local justice area specified in the order, or

(iii)changes the responsible officer, or

(c)the dismissal of an application under paragraph 5 to revoke a reparation order.

Section 173

SCHEDULE 6Youth rehabilitation orders: requirements

PART 1Activity requirement

Activity requirement: types of requirement

1(1)In this Code “activity requirement”, in relation to a youth rehabilitation order, is a requirement consisting of one or more of the following—

(a)a specified place obligation (see paragraph 3),

(b)a specified activities obligation (see paragraph 4),

(c)a specified residential exercise obligation (see paragraph 5),

(d)an obligation under paragraph 6 to engage in activities as instructed by the responsible officer.

(2)A youth rehabilitation order that imposes an activity requirement may specify—

(a)obligations of more than one of those kinds, or

(b)more than one obligation of any of those kinds.

(3)The aggregate number of days specified in a youth rehabilitation order under paragraphs 3, 4, 5 and 6 must not exceed 90 unless the activity requirement is an extended activity requirement (see paragraph 2).

Extended activity requirement

2(1)An extended activity requirement is an activity requirement for which the aggregate number of days specified in the youth rehabilitation order under paragraphs 3, 4, 5 and 6 is greater than 90.

(2)Where a youth rehabilitation order imposes an extended activity requirement, the aggregate number of days specified in the order under those paragraphs must not exceed 180.

(3)For restrictions on making a youth rehabilitation order with intensive supervision and surveillance (and, accordingly, on imposing an extended activity requirement), see section 180 (as well as sections 175 and 178 (requirements and availability relating to youth rehabilitation orders with intensive supervision and surveillance)).

Activity requirement: specified place obligation

3(1)For each specified place obligation that it imposes, a youth rehabilitation order must specify—

(a)a number of days,

(b)a place or places, and

(c)for each place specified, the description of person to whom the offender is required to present himself or herself.

(2)The obligation requires the offender, in accordance with instructions of the responsible officer, on the specified number of days—

(a)to present himself or herself at a specified place to a person of the specified description, and

(b)while there, to participate in activities and comply with instructions given by, or under the authority of, the person in charge of the place.

Activity requirement: specified activities obligation

4(1)For each specified activities obligation that it imposes, a youth rehabilitation order must specify—

(a)a number of days, and

(b)an activity or activities.

(2)The obligation requires the offender, in accordance with instructions of the responsible officer, on the specified number of days—

(a)to participate in a specified activity, and

(b)to comply with instructions given by, or under the authority of, the person in charge of the activity.

(3)An activity specified under this paragraph may be one whose purpose is reparation, such as an activity involving contact between an offender and persons affected by the offending concerned.

Activity requirement: specified residential exercise obligation

5(1)For each specified residential exercise obligation that it imposes, a youth rehabilitation order must specify—

(a)a number of days, and

(b)a place or activity.

(2)The obligation requires the offender, in accordance with the instructions of the responsible officer—

(a)if a place is specified under sub-paragraph (1)(b)

(i)to present himself or herself at that place to a person of a description specified in the instructions,

(ii)to reside there for a period consisting of the specified number of days, and

(iii)during that period, to comply with instructions given by, or under the authority of, the person in charge of that place;

(b)if an activity is specified under sub-paragraph (1)(b)

(i)to participate in that activity for a period consisting of the specified number of days, and

(ii)during that period, to comply with instructions given by or under the authority of, the person in charge of the activity.

Activity requirement: obligation to engage in activities as instructed by responsible officer

6(1)A youth rehabilitation order that imposes an obligation under this paragraph—

(a)must specify a number of days, and

(b)may permit the responsible officer to give instructions in accordance with this paragraph requiring the offender to participate in a residential exercise.

(2)The obligation requires the offender to engage in activities in accordance with instructions of the responsible officer on that number of days.

(3)For each of those days, instructions of the responsible officer must require the offender—

(a)to present himself or herself to a person or persons of a description specified in the instructions at a place so specified, or

(b)to participate in an activity specified in the instructions.

(4)On each of those days, or while participating in any such activity, the offender is required to comply with instructions given by, or under the authority of, the person in charge of the place or the activity.

(5)An activity specified in instructions under this paragraph may be one whose purpose is reparation, such as an activity involving contact between an offender and persons affected by the offending concerned.

(6)Sub-paragraphs (7) to (9) apply where under sub-paragraph (1)(b) the youth rehabilitation order permits the responsible officer to give instructions requiring the offender to participate in a residential exercise.

(7)Instructions given by the responsible officer may require the offender to participate in a residential exercise for the period specified in the instructions, and for that purpose—

(a)to present himself or herself to a person of a description specified in the instructions at a place so specified at the beginning of that period and to reside there for that period, or

(b)to participate for that period in an activity specified in the instructions.

(8)But instructions requiring the offender to participate in a residential exercise—

(a)may not require the offender to participate in such an exercise for a period of more than 7 days;

(b)may not be given except with the consent of a parent or guardian of the offender.

(9)Where the responsible officer gives instructions requiring the offender to participate in a residential exercise, the offender is required to comply with instructions given by, or under the authority of, the person in charge of the place or activity specified in the responsible officer’s instructions.

Activity requirement: general provisions

7Instructions given by, or under the authority of, a person in charge of any place under any of the following provisions—

(a)paragraph 3(2)(b) (specified place obligation),

(b)paragraph 5(2)(a)(iii) (residential exercise obligation),

(c)paragraph 6(4) (obligation at place specified by responsible officer), or

(d)paragraph 6(9) (residential exercise at place specified by responsible officer),

may require the offender to engage in activities otherwise than at that place.

Restrictions on imposing an activity requirement

8A court may not include an activity requirement in a youth rehabilitation order unless—

(a)the court has consulted—

(i)a member of a youth offending team, or

(ii)an officer of a provider of probation services,

and is satisfied that it is feasible to secure compliance with the requirement,

(b)the court is satisfied that provision can be made for the offender to participate in the activities that it proposes to specify in the order under the arrangements for persons to participate in such activities which exist in the local justice area in which the offender resides or is to reside, and

(c)if compliance with the requirement would require the co-operation of a person other than the offender and the responsible officer, that other person consents to its inclusion.

PART 2Supervision requirement

Supervision requirement

9In this Code “supervision requirement”, in relation to a youth rehabilitation order, means a requirement that, while the order is in force, the offender must attend appointments with—

(a)the responsible officer, or

(b)another person determined by the responsible officer,

at times and places determined by the responsible officer.

PART 3Unpaid work requirement

Requirement

10(1)In this Code “unpaid work requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must perform unpaid work in accordance with the instructions of the responsible officer as to—

(a)the work to be performed, and

(b)the times, during a period of 12 months, at which the offender is to perform it.

(2)The order must specify the number of hours which the offender may be required to work under the requirement.

(3)That number must be in aggregate—

(a)not less than 40, and

(b)not more than 240.

(4)Sub-paragraphs (1)(b) and (3) are subject to paragraphs 10(7) and 19 of Schedule 7 (which make provision for different limits where an unpaid work requirement is imposed or amended in further proceedings).

Restriction on imposing an unpaid work requirement

11(1)A court may not impose an unpaid work requirement in respect of an offender unless it is satisfied—

(a)that the offender is a suitable person to perform work under an unpaid work requirement, and

(b)that provision for the offender to work under such a requirement can be made under the arrangements for persons to perform work under such a requirement which exist in the local justice area in which the offender resides or is to reside.

(2)In making a decision under sub-paragraph (1)(a) the court must (if it considers it necessary) hear—

(a)a member of a youth offending team, or

(b)an officer of a provider of probation services.

PART 4Programme requirement

Programme requirement

12(1)In this Code “programme requirement”, in relation to a youth rehabilitation order, means a requirement for the offender to participate in a particular systematic set of activities (a “programme”), which may have a residential component.

(2)A youth rehabilitation order which imposes a programme requirement must specify—

(a)the programme,

(b)the place or places at which the offender is required to participate in it,

(c)the number of days on which the offender is required to participate in it, and

(d)if the programme has a residential component—

(i)the place where the offender is required to reside for the purposes of the residential component, and

(ii)the period for which the offender is required to reside there.

(3)For the purposes of this paragraph, a programme has “a residential component” if it is necessary to reside at a particular place for a particular period in order to participate in the programme.

(4)A programme requirement operates to require the offender, as instructed by the responsible officer—

(a)to participate in the programme on the number of days specified in the order at a place specified in the order, and

(b)while there, to comply with instructions given by, or under the authority of, the person in charge of the programme.

Restrictions on imposing a programme requirement

13(1)A court may not include a programme requirement in a youth rehabilitation order unless—

(a)the programme which the court proposes to specify has been recommended to the court by—

(i)a member of a youth offending team, or

(ii)an officer of a provider of probation services,

as being suitable for the offender, and

(b)the court is satisfied that the programme is available at the place or places it proposes to specify.

For this purpose, “programme” has the same meaning as in paragraph 12.

(2)A court may not include a programme requirement in a youth rehabilitation order if compliance with the requirement would require the co-operation of a person other than the offender and the offender’s responsible officer, unless that other person consents to its inclusion.

PART 5Attendance centre requirement

Attendance centre requirement

14(1)In this Code “attendance centre requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must attend at a particular attendance centre for a particular number of hours.

(2)A youth rehabilitation order which imposes an attendance centre requirement must specify—

(a)the attendance centre, and

(b)the aggregate number of hours for which the offender may be required to attend at the attendance centre.

(3)That number of hours must be—

(a)if the offender is aged 16 or over at the time of conviction—

(i)not less than 12, and

(ii)not more than 36;

(b)if the offender is aged 14 or 15 at the time of conviction—

(i)not less than 12, and

(ii)not more than 24;

(c)if the offender is aged under 14 at the time of conviction, not more than 12.

(4)The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer.

(5)The subsequent hours are to be fixed by the officer in charge of the centre—

(a)in accordance with arrangements made by the responsible officer, and

(b)having regard to the offender’s circumstances.

(6)An offender may not be required under this paragraph to attend at an attendance centre—

(a)more than once on any day, or

(b)for more than 3 hours at a time.

(7)A requirement under this paragraph to attend at an attendance centre for any period on any occasion operates as a requirement, during that period, to engage in occupation, or receive instruction, whether at the centre or elsewhere—

(a)under the supervision of the officer in charge of the centre, and

(b)in accordance with instructions given by, or under the authority of, that officer.

Restriction on imposing attendance centre requirement

15A court may not include an attendance centre requirement in a youth rehabilitation order unless—

(a)the court has been notified by the Secretary of State that an attendance centre is available for persons of the offender’s description and that provision can be made for the offender there (and the notice has not been withdrawn), and

(b)the court is satisfied that the attendance centre which it proposes to specify in the order is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances.

PART 6Prohibited activity requirement

Requirement

16(1)In this Code “prohibited activity requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must refrain from particular activities—

(a)on one or more particular days, or

(b)for a particular period.

(2)Where the court makes a youth rehabilitation order imposing a prohibited activity requirement, the order must specify—

(a)the activities from which the offender must refrain;

(b)the day or days on which, or the period for which, the offender must refrain from those activities.

(3)A prohibited activity requirement may, in particular, include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968.

Restriction on imposing prohibited activity requirement

17A court may not include a prohibited activity requirement in a youth rehabilitation order unless it has consulted—

(a)a member of a youth offending team, or

(b)an officer of a provider of probation services.

PART 7Curfew requirement

Curfew requirement

18(1)In this Code “curfew requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place.

(2)A youth rehabilitation order which imposes a curfew requirement must specify—

(a)the curfew periods, and

(b)the place at which the offender must remain for each curfew period.

(3)Different places or different curfew periods may be specified for different days.

(4)The curfew periods must amount to—

(a)not less than 2 hours in any day, and

(b)not more than 16 hours in any day.

(5)The specified curfew periods must fall within the period of 12 months beginning with the day on which the requirement first takes effect.

Requirements where court imposes curfew requirement

19(1)Before making a youth rehabilitation order imposing a curfew requirement, the court must obtain and consider information about each place proposed to be specified under paragraph 18(2)(b).

(2)That information must include information as to the attitude of persons likely to be affected by the offender’s enforced presence there.

(3)Where the court makes a youth rehabilitation order which imposes a curfew requirement it must also impose an electronic monitoring requirement (see Part 17 of this Schedule) unless—

(a)it is prevented from doing so by paragraph 44, or

(b)in the particular circumstances of the case, it considers it inappropriate to do so.

PART 8Exclusion requirement

Requirement

20(1)In this Code “exclusion requirement”, in relation to a youth rehabilitation order, means a provision prohibiting the offender from entering a particular place (the “prohibited place”) for a particular period (the “exclusion period”).

(2)A youth rehabilitation order which imposes an exclusion requirement must specify—

(a)the prohibited place, and

(b)the exclusion period.

(3)The exclusion period must not be more than 3 months.

(4)A youth rehabilitation order may specify—

(a)more than one prohibited place;

(b)more than one exclusion period;

(c)different prohibited places for different exclusion periods or different days.

(5)A prohibited place may be an area.

Requirement for electronic monitoring where court imposes exclusion requirement

21Where the court makes a youth rehabilitation order which imposes an exclusion requirement it must also impose an electronic monitoring requirement (see Part 17 of this Schedule) unless—

(a)it is prevented from doing so by paragraph 44, or

(b)in the particular circumstances of the case, it considers it inappropriate to do so.

PART 9Residence requirement

Requirement

22(1)In this Code “residence requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the required period”), the offender must—

(a)reside with a particular individual, or

(b)reside—

(i)at a particular place (“the required place”), or

(ii)if the order so permits, at the required place or, with the prior approval of the responsible officer, at some other place.

(2)A youth rehabilitation order which imposes a residence requirement within sub-paragraph (1)(a) must specify—

(a)the required period, and

(b)the individual with whom the offender is required to reside.

(3)A youth rehabilitation order which imposes a residence requirement within sub-paragraph (1)(b) (a “place of residence requirement”) must specify—

(a)the required period,

(b)the required place, and

(c)if the offender is to be permitted to reside at some other place with the prior approval of the responsible officer, that fact.

Imposing a residence requirement: restrictions and requirements

23(1)A youth rehabilitation order which imposes a residence requirement within paragraph 22(1)(a) may not specify, as the individual with whom the offender is required to reside, an individual who has not consented to the requirement.

(2)A court may not include a place of residence requirement in a youth rehabilitation order unless the offender is aged 16 or over at the time of conviction.

(3)Before making a youth rehabilitation order containing a place of residence requirement, the court must consider the home surroundings of the offender.

(4)A hostel or other institution may not be specified as the required place, except on the recommendation of—

(a)a member of a youth offending team,

(b)an officer of a provider of probation services, or

(c)a social worker of a local authority.

(5)In this paragraph, “place of residence requirement” and “the required place” have the same meanings as in paragraph 22.

PART 10Local authority residence requirement

Requirement

24(1)In this Code “local authority residence requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the required period”), the offender must reside in accommodation provided by or on behalf of a particular local authority.

(2)A youth rehabilitation order which imposes a local authority residence requirement may also stipulate that the offender is not to reside with a particular person.

(3)A youth rehabilitation order which imposes a local authority residence requirement must specify—

(a)the required period,

(b)the local authority which is to receive the offender, and

(c)any person with whom the offender is not to reside by virtue of sub-paragraph (2).

(4)The required period must—

(a)not be longer than 6 months, and

(b)end before the offender reaches the age of 18.

(5)The authority specified must be the local authority in whose area the offender resides or is to reside.

Restrictions on imposing local authority residence requirement

25A 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.

A

The 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.

B

The 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.

C

The 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.

PART 11Fostering requirement

Requirement

26(1)In this Code “fostering requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the fostering period”), the offender must reside with a local authority foster parent.

(2)A youth rehabilitation order which imposes a fostering requirement must specify—

(a)the fostering period, and

(b)the local authority which is to place the offender with a local authority foster parent under—

(i)section 22C of the Children Act 1989, or

(ii)section 81 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

(3)The fostering period—

(a)must end no later than the end of the period of 12 months beginning with the day on which the requirement takes effect, and

(b)must end before the offender reaches the age of 18.

This is subject to paragraphs 10(9) and (10) and 17(5) and (6) of Schedule 7 (substitute fostering requirement).

(4)The authority specified must be the local authority in whose area the offender resides or is to reside.

(5)Sub-paragraph (6) applies if during the fostering period the responsible officer notifies the offender—

(a)that no suitable local authority foster parent is available, and

(b)that the responsible officer has applied, or proposes to apply, under Part 3 or 4 of Schedule 7 for the youth rehabilitation order to be amended or revoked.

(6)The fostering requirement has effect, until the application is determined, as a requirement for the offender to reside in accommodation provided by or on behalf of a local authority.

(7)This paragraph does not affect the power of a local authority to place with a local authority foster parent an offender in respect of whom a local authority residence requirement is imposed.

Restrictions on imposing fostering requirement

27A court may not make a youth rehabilitation order which imposes a fostering requirement unless the requirements in A to D are met.

A

The 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.

B

The court has been notified by the Secretary of State that arrangements for implementing such a requirement are available in the area of the local authority which is to place the offender with a local authority foster parent (and the notice has not been withdrawn).

C

The court has consulted—

(a)

the offender’s parents or guardians (unless it is impracticable to do so), and

(b)

the local authority which is to place the offender with a local authority foster parent.

D

The offender was legally represented in court when the court was considering whether to impose the fostering 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 fostering requirement.

PART 12Mental health treatment requirement

Mental health treatment requirement

28(1)In this Code “mental health treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a particular period or particular periods, to mental health treatment, which may be—

(a)in-patient treatment,

(b)institution-based out-patient treatment, or

(c)practitioner-based treatment.

(2)For this purpose—

  • “mental health treatment”, in relation to an offender, means treatment which is—

    (a)

    by or under the direction of a registered medical practitioner or registered psychologist, and

    (b)

    with a view to improvement of the offender’s mental condition;

  • “in-patient treatment” means treatment as a resident patient in—

    (a)

    a care home,

    (b)

    an independent hospital, or

    (c)

    a hospital within the meaning of the Mental Health Act 1983,

    but not in hospital premises where high security psychiatric services are provided;

  • “institution-based out-patient treatment” means treatment as a non-resident patient at a particular institution or place;

  • “practitioner-based treatment” means treatment by or under the direction of a particular registered medical practitioner or registered psychologist (or both).

(3)A youth rehabilitation order which imposes a mental health treatment requirement must specify—

(a)the period or periods during which the offender is required to submit to mental health treatment, and

(b)for each such period—

(i)if the mental health treatment is to be in-patient treatment, the care home or hospital where it is to be provided;

(ii)if it is to be institution-based out-patient treatment, the institution or place where it is to be provided;

(iii)if it is to be practitioner-based treatment, the registered medical practitioner or registered psychologist (or both) by whom or under whose direction it is to be provided;

but may not otherwise specify the nature of the treatment.

(4)In this paragraph—

  • “care home” means—

    (a)

    a care home in England within the meaning of the Care Standards Act 2000, or

    (b)

    a place in Wales at which a care home service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)) is provided;

  • “high security psychiatric services” has the same meaning as in the Mental Health Act 1983;

  • “independent hospital”—

    (a)

    in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

    (b)

    in relation to Wales, has the same meaning as in the Care Standards Act 2000;

  • “registered psychologist” means a person for the time being registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists.

(5)While the offender is under treatment which is in-patient treatment in pursuance of a mental health treatment requirement of a youth rehabilitation order, the responsible officer is to carry out the supervision of the offender only to the extent necessary for the purpose of the revocation or amendment of the order.

Restrictions on imposing mental health treatment requirement

29(1)A court may not include a mental health treatment requirement in a youth rehabilitation order unless the following conditions are met—

(a)the need for treatment condition,

(b)the arrangements condition, and

(c)the consent condition.

(2)The need for treatment condition is that the court is satisfied that the mental condition of the offender—

(a)requires treatment,

(b)may be susceptible to treatment, and

(c)does not warrant the making of a hospital order or guardianship order within the meaning of the Mental Health Act 1983.

(3)The arrangements condition is that the court is satisfied that arrangements—

(a)have been made, or

(b)can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, if that treatment is, or includes, in-patient treatment (see paragraph 28(2)).

(4)The consent condition is that the offender has expressed willingness to comply with the requirement.

Alternative arrangements for mental health treatment

30(1)Where—

(a)an offender is being treated in pursuance of a mental health treatment requirement, and

(b)the treatment practitioner is of the opinion that part of the treatment can be better or more conveniently given in an institution or at a place—

(i)which is not specified in the youth rehabilitation order, and

(ii)where the treatment of the offender will be given by or under the direction of a registered medical practitioner or registered psychologist,

the treatment practitioner may make arrangements (“alternative arrangements”) for the offender to be treated accordingly.

(2)Alternative arrangements may be made only if the offender has expressed willingness for the treatment to be given under those arrangements.

(3)Alternative arrangements may provide for the offender to receive part of the treatment as a resident patient in an institution or place which could not have been specified for that purpose in the youth rehabilitation order.

(4)Where alternative arrangements are made—

(a)the treatment for which the alternative arrangements provide is to be deemed to be treatment to which the offender is required to submit in pursuance of the mental health treatment requirement, and

(b)the treatment practitioner must give a notice in writing to the offender’s responsible officer, specifying the institution or place where that treatment is to be carried out.

(5)In this paragraph—

  • “registered psychologist” means a person for the time being registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists;

  • “treatment practitioner” means the medical practitioner or registered psychologist by or under whose direction the offender is being treated in pursuance of the mental health treatment requirement.

PART 13Drug treatment requirement

Requirement

31(1)In this Code “drug treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods (each, a “treatment period”), to drug rehabilitation treatment.

Such treatment may be resident treatment or non-resident treatment.

(2)In this paragraph—

  • “drug rehabilitation treatment”, in relation to an offender, means treatment which is—

    (a)

    by or under the direction of a person having the necessary qualifications or experience, and

    (b)

    with a view to the reduction or elimination of the offender’s dependency on, or propensity to misuse, drugs;

  • “resident treatment” means treatment as a resident in a particular institution or place;

  • “non-resident treatment” means treatment as a non-resident at a particular institution or place;

  • “the treatment director” means the person by or under whose direction the treatment is to be provided.

(3)A youth rehabilitation order which imposes a drug treatment requirement must specify—

(a)the treatment period or treatment periods, and

(b)for each treatment period—

(i)the treatment director;

(ii)if the treatment is to be resident treatment, the institution or place where it is to be provided;

(iii)if it is to be non-resident treatment, the institution or place where, and the intervals at which, it is to be provided;

but must not otherwise specify the nature of the treatment.

Restrictions on imposing drug treatment requirement

32(1)A court may not include a drug treatment requirement in a youth rehabilitation order unless the following conditions are met—

(a)the need for treatment condition,

(b)the availability condition,

(c)the arrangements condition,

(d)the suitability condition, and

(e)the consent condition.

(2)The need for treatment condition is that the court is satisfied—

(a)that the offender—

(i)is dependent on drugs, or

(ii)has a propensity to misuse drugs, and

(b)that the offender’s dependency or propensity—

(i)requires treatment, and

(ii)may be susceptible to treatment.

(3)The availability condition is that the court has been notified by the Secretary of State that arrangements for implementing drug treatment requirements are in force in the local justice area in which the offender resides or is to reside (and the notice has not been withdrawn).

(4)The arrangements condition is that the court is satisfied that arrangements—

(a)have been made, or

(b)can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender if that treatment is, or includes, resident treatment (within the meaning given in paragraph 31(2)).

(5)The suitability condition is that the requirement has been recommended to the court as suitable for the offender by—

(a)a member of a youth offending team, or

(b)an officer of a provider of probation services.

(6)The consent condition is that the offender has expressed willingness to comply with the requirement.

Meaning of “drug”

33In this Part of this Schedule, “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971.

PART 14Drug testing requirement

Requirement

34(1)In this Code “drug testing requirement”, in relation to a youth rehabilitation order, means a requirement that, during any treatment period, the offender must, for the purpose of ascertaining whether there is any drug in the offender’s body during that period, provide samples in accordance with instructions given by—

(a)the responsible officer, or

(b)the treatment director.

(2)A youth rehabilitation order which imposes a drug testing requirement—

(a)must specify, for each month, the minimum number of occasions when samples are to be provided, and

(b)may specify—

(i)when and in what circumstances the responsible officer or treatment director may require the offender to provide samples, and

(ii)the kinds of sample which may be required.

(3)A youth rehabilitation order which imposes a drug testing requirement must provide for the results of tests on samples provided by the offender in pursuance of the requirement to be communicated to the responsible officer, if they are not carried out by the responsible officer.

(4)In this paragraph—

(a)“drug” has the meaning given by paragraph 33;

(b)“treatment director” and “treatment period” have the same meanings as in paragraph 31.

Restrictions on imposing drug testing requirement

35(1)A youth rehabilitation order may impose a drug testing requirement only if it also imposes a drug treatment requirement.

(2)A court may not include a drug testing requirement in a youth rehabilitation order unless the following conditions are met—

(a)the availability condition, and

(b)the consent condition.

(3)The availability condition is that the court has been notified by the Secretary of State that arrangements for implementing drug testing requirements are in force in the local justice area in which the offender resides or is to reside (and the notice has not been withdrawn).

(4)The consent condition is that the offender has expressed willingness to comply with the requirement.

PART 15Intoxicating substance treatment requirement

Requirement

36(1)In this Code “intoxicating substance treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods (each, a “treatment period”) to substance abuse treatment.

Such treatment may be resident treatment or non-resident treatment.

(2)In this paragraph—

  • “substance abuse treatment” means treatment which is—

    (a)

    by or under the direction of a person having the necessary qualifications or experience, and

    (b)

    with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse intoxicating substances;

  • “resident treatment” means treatment as a resident in a particular institution or place;

  • “non-resident treatment” means treatment as a non-resident at a particular institution or place;

  • “the treatment director” means the person by or under whose direction the treatment is to be provided.

(3)A youth rehabilitation order which imposes an intoxicating substance treatment requirement must specify—

(a)the treatment period or treatment periods, and

(b)for each treatment period—

(i)the treatment director;

(ii)if the treatment is to be resident treatment, the institution or place where it is to be provided;

(iii)if it is to be non-resident treatment, the institution or place where, and the intervals at which, it is to be provided;

but must not otherwise specify the nature of the treatment.

Restrictions on imposing intoxicating substance treatment requirement

37(1)A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless the following conditions are met—

(a)the need for treatment condition,

(b)the arrangements condition,

(c)the suitability condition, and

(d)the consent condition.

(2)The need for treatment condition is that the court is satisfied—

(a)that the offender—

(i)is dependent on intoxicating substances, or

(ii)has a propensity to misuse intoxicating substances, and

(b)that the offender’s dependency or propensity—

(i)requires treatment, and

(ii)may be susceptible to treatment.

(3)The arrangements condition is that the court is satisfied that arrangements—

(a)have been made, or

(b)can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender if that treatment is, or includes, resident treatment (within the meaning given in paragraph 36(2)).

(4)The suitability condition is that the requirement has been recommended to the court as suitable for the offender by—

(a)a member of a youth offending team, or

(b)an officer of a provider of probation services.

(5)The consent condition is that the offender has expressed willingness to comply with the requirement.

Meaning of “intoxicating substance”

38In this Part of this Schedule “intoxicating substance” means—

(a)alcohol, or

(b)any other substance or product which—

(i)can be used for the purpose of causing intoxication (whether through inhaling it or its fumes or otherwise), and

(ii)is not a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971.

PART 16Education requirement

Requirement

39(1)In this Code “education requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must comply, during a particular period or particular periods, with arrangements for the offender’s education—

(a)made for the time being by the offender’s parent or guardian, and

(b)approved by a relevant authority.

(2)A youth rehabilitation order which imposes an education requirement must specify—

(a)the relevant authority for the purposes of the requirement, and

(b)the period or periods during which the offender must comply with the education arrangements.

(3)The authority specified as the relevant authority must be the local authority (within the meaning of the Education Act 1996) for the area in which the offender resides or is to reside.

(4)Any period specified must end by the time the offender ceases to be of compulsory school age.

(5)In this paragraph, “parent” has the same meaning as in the Education Act 1996.

Restriction on imposing education requirement

40A court may not include an education requirement in a youth rehabilitation order unless—

(a)it has consulted the authority which is to be specified as the relevant authority (within the meaning of paragraph 39), and

(b)it is satisfied—

(i)that, in the view of that authority, arrangements exist for the offender to receive efficient full-time education suitable to the offender’s age, ability, aptitude and special educational needs (if any), and

(ii)that, having regard to the circumstances of the case, it is necessary to include the education requirement in order to secure the good conduct of the offender or to prevent the commission of further offences.

PART 17Electronic monitoring requirement

Requirement

41In this Code “electronic monitoring requirement”, in relation to a youth rehabilitation order, means a requirement for securing the electronic monitoring of the offender’s compliance with other requirements imposed by the order during a particular period (“the monitoring period”).

Person responsible for electronic monitoring

42(1)A youth rehabilitation order which imposes an electronic monitoring requirement must include provision for making a person responsible for the monitoring.

(2)The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.

Monitoring period

43(1)A youth rehabilitation order which imposes an electronic monitoring requirement must—

(a)specify the monitoring period, or

(b)provide for the responsible officer to determine the monitoring period in accordance with the order.

(2)Sub-paragraph (3) applies where the responsible officer is to determine the monitoring period in accordance with the order.

(3)Before it begins, the responsible officer must notify the following people of when the monitoring period is to begin—

(a)the offender,

(b)the person responsible for the monitoring, and

(c)any person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring.

Restrictions on imposing electronic monitoring

44(1)Where—

(a)it is proposed to include an electronic monitoring requirement in a youth rehabilitation order, but

(b)there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

the requirement may not be included in the order without that person’s consent.

(2)A court may not include an electronic monitoring requirement in a youth rehabilitation order unless—

(a)the court has been notified by the Secretary of State that arrangements for electronic monitoring of offenders are available—

(i)in the local justice area proposed to be specified in the order as the offender’s home local justice area, and

(ii)for each requirement mentioned in the table in sub-paragraph (3) which the court proposes to include in the order, in the area in which the relevant place specified in the table for that requirement is situated,

(and the notice has not been withdrawn in relation to any of those areas), and

(b)the court is satisfied that the necessary provision can be made under the arrangements currently available.

(3)That table is—

Proposed requirement of youth rehabilitation orderRelevant place
Curfew requirementThe place which the court proposes to specify in the order for the purposes of that requirement.
Exclusion requirementThe prohibited place (within the meaning of paragraph 20) which the court proposes to specify in the order.
Attendance centre requirementThe attendance centre which the court proposes to specify in the order.

Section 195

SCHEDULE 7Breach, revocation or amendment of youth rehabilitation order

PART 1Preliminary

Interpretation

1(1)In this Schedule, a reference (however expressed) to an offender’s breach of a requirement of a youth rehabilitation order is a reference to any failure of the offender to comply—

(a)with a requirement imposed by the order, or

(b)if the order imposes an attendance centre requirement, with rules made under section 394(1)(d) or (e) (attendance centre rules).

(2)For the purposes of this Schedule—

(a)a requirement falling within any Part of Schedule 6 is of the same kind as any other requirement falling within that Part, and

(b)an electronic monitoring requirement is a requirement of the same kind as any other youth rehabilitation requirement to which it relates.

Youth rehabilitation order subject to magistrates’ court supervision

2For the purposes of this Schedule—

(a)“Crown Court youth rehabilitation order” means a youth rehabilitation order which—

(i)was made by the Crown Court, and

(ii)does not include a direction under section 189 (power for Crown Court to direct magistrates’ court supervision);

(b)a youth rehabilitation order is “subject to magistrates’ court supervision” if it—

(i)was made by a magistrates’ court, or

(ii)was made by the Crown Court and includes a direction under that section.

Orders made on appeal

3Where a youth rehabilitation order has been made on appeal, for the purposes of this Schedule it is treated—

(a)if it was made on an appeal from a magistrates’ court, as having been made by a magistrates’ court;

(b)if it was made on an appeal—

(i)from the Crown Court, or

(ii)from the Court of Appeal,

as having been made by the Crown Court.

PART 2Breach of requirement of order

Duty to give warning or lay information relating to breach of order

4(1)This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a requirement of a youth rehabilitation order.

(2)Sub-paragraph (3) applies if—

(a)the breach occurred during a warned period relating to an earlier breach of the order, and

(b)during that warned period the offender had been given a further warning in relation to the order.

(3)The responsible officer must cause an information to be laid before a justice of the peace in respect of that breach unless of the opinion that there are exceptional circumstances which justify not doing so.

(4)If sub-paragraph (3) does not apply, the responsible officer must either—

(a)give the offender a warning under this paragraph, or

(b)cause an information to be laid before a justice of the peace in respect of that breach.

(5)A warning under this paragraph must—

(a)describe the circumstances of the breach,

(b)state that the breach is unacceptable, and

(c)inform the offender that the offender will be liable to be brought before a court if the offender breaches a requirement of the order again—

(i)more than once during the warned period, or

(ii)if the warning is given during the warned period relating to an earlier breach of the order, during that warned period.

(6)For the purposes of this paragraph, “warned period”, in relation to a breach of a requirement of the youth rehabilitation order, means the period of 12 months beginning with the date on which a warning is given under this paragraph in relation to the breach.

(7)As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.

Issue of summons or warrant by justice of the peace

5(1)This paragraph applies where—

(a)a youth rehabilitation order is in force, and

(b)it appears on information to a justice of the peace that the offender has breached a requirement of the order.

(2)The justice may—

(a)issue a summons requiring the offender to appear at the place and time specified in it, or

(b)if the information is in writing and on oath, issue a warrant for the offender’s arrest.

(3)A summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a)in the case of a Crown Court youth rehabilitation order, before the Crown Court, and

(b)in any other case, before the appropriate court.

(4)In sub-paragraph (3), “appropriate court” means—

(a)if the offender is aged under 18, a youth court acting in the relevant local justice area, and

(b)if the offender is aged 18 or over, a magistrates’ court (other than a youth court) acting in that local justice area.

(5)In sub-paragraph (4), “relevant local justice area” means—

(a)the local justice area in which the offender resides, or

(b)if it is not known where the offender resides, the offender’s home local justice area.

(6)Sub-paragraphs (7) and (8) apply where—

(a)a summons is issued under this paragraph, and

(b)the offender does not appear in answer to it.

(7)If the summons required the offender to appear before the Crown Court, the Crown Court may—

(a)if the summons was issued by a justice of the peace, issue a further summons requiring the offender to appear at the place and time specified in it, or

(b)in any case, issue a warrant for the arrest of the offender.

(8)If the summons required the offender to appear before a magistrates’ court, the magistrates’ court may issue a warrant for the arrest of the offender.

Powers of magistrates’ court

6(1)This paragraph applies where—

(a)an offender appears or is brought before a youth court or other magistrates’ court under paragraph 5, and

(b)it is proved to the satisfaction of the court that the offender has breached a requirement of the youth rehabilitation order without reasonable excuse,

and must be read with paragraphs 8 to 11.

(2)The court may deal with the case under sub-paragraph (5).

(3)If the youth rehabilitation order was made by the Crown Court, the court may instead—

(a)commit the offender to custody, or

(b)release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(4)Where a court deals with the offender’s case under sub-paragraph (3) it must send the Crown Court—

(a)a certificate signed by a justice of the peace certifying that the offender has breached the youth rehabilitation order in the respect specified in the certificate, and

(b)such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(5)Where the court deals with the case under this sub-paragraph, it may deal with the offender in respect of the breach in any one of the following ways—

(a)by ordering the offender to pay a fine of an amount not exceeding £2,500;

(b)by amending the terms of the youth rehabilitation order to add or substitute any requirement which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence;

(c)by re-sentencing the offender for the relevant offence.

(6)In this paragraph—

  • “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and

  • the “relevant assumptions” are that—

    (a)

    the court has just convicted the offender of the relevant offence, and

    (b)

    the offender is the same age as when in fact convicted of that offence.

(7)Sub-paragraph (5)(b) is subject to paragraph 10.

(8)In dealing with the offender under sub-paragraph (5), the court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(9)Where the court—

(a)deals with the offender under sub-paragraph (5)(b), and

(b)does not act in the offender’s home local justice area,

it may exercise the power in paragraph 15 (amendment by reason of change of residence) as if it were the appropriate court for the purposes of that paragraph.

(10)Where the court deals with the offender under sub-paragraph (5)(c), it must revoke the youth rehabilitation order if it is still in force.

(11)An offender may appeal to the Crown Court against a sentence imposed under sub-paragraph (5)(c).

Powers of Crown Court

7(1)This paragraph applies where—

(a)an offender appears or is brought before the Crown Court under paragraph 5 or by virtue of paragraph 6(3), and

(b)it is proved to the satisfaction of that court that the offender has breached a requirement of the youth rehabilitation order without reasonable excuse,

and must be read with paragraphs 8 to 11.

(2)The Crown Court may deal with the offender in respect of that breach in any one of the following ways—

(a)by ordering the offender to pay a fine of an amount not exceeding £2,500;

(b)by amending the terms of the youth rehabilitation order to add or substitute any requirement which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence;

(c)by re-sentencing the offender for the relevant offence.

(3)In this paragraph—

  • “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and

  • the “relevant assumptions” are that—

    (a)

    the offender has just been convicted of the relevant offence by or before the court dealing with the offender, and

    (b)

    the offender is the same age as when in fact convicted of that offence.

(4)Sub-paragraph (2)(b) is subject to paragraph 10.

(5)In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(6)Where the Crown Court deals with an offender under sub-paragraph (2)(c), it must revoke the youth rehabilitation order if it is still in force.

(7)In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the youth rehabilitation order is to be determined by the court and not by the verdict of a jury.

Restriction of powers in paragraphs 6 and 7 where treatment required

8(1)Sub-paragraph (2) applies where the offender—

(a)is required by a treatment requirement of the youth rehabilitation order to submit to treatment, and

(b)has refused to undergo any surgical, electrical or other treatment.

(2)The offender is not to be treated for the purposes of paragraph 6 or 7 as having breached the requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.

(3)In this paragraph, “treatment requirement” means—

(a)a mental health treatment requirement,

(b)a drug treatment requirement, or

(c)an intoxicating substance treatment requirement.

Fines imposed under paragraphs 6 and 7

9(1)A fine imposed under paragraph 6(5)(a) or 7(2)(a) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(2)Where—

(a)a court is dealing with an offender for breach of a requirement of a youth rehabilitation order,

(b)the offender is aged under 18, and

(c)but for this sub-paragraph, the court would impose a fine under paragraph 6(5)(a) or 7(2)(a),

section 380 (order for payment by parent or guardian) applies to the fine.

Powers in paragraphs 6 and 7 to impose other requirements: further provisions

10(1)This paragraph applies where—

(a)the magistrates’ court deals with the offender under paragraph 6(5)(b), or

(b)the Crown Court deals with the offender under paragraph 7(2)(b).

(2)Paragraphs 6(5)(b) and 7(2)(b) have effect subject to any provision that applies to the court in making a youth rehabilitation order as if the court were imposing the requirements on making the order.

That is subject to the following provisions of this paragraph and to paragraph 11.

(3)Subject to sub-paragraph (4), any requirement imposed under paragraph 6(5)(b) or 7(2)(b) must be capable of being complied with before the end date.

(4)In dealing with an offender under paragraph 6(5)(b) or 7(2)(b) the court may substitute a later date for the end date.

(5)A date substituted under sub-paragraph (4)

(a)must not be more than 6 months after the existing end date;

(b)subject to that, may be more than 3 years after the date on which the order took effect.

(6)Once the power in sub-paragraph (4) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

(7)Where—

(a)in dealing with the offender under paragraph 6(5)(b) or 7(2)(b), the court imposes an unpaid work requirement, and

(b)the youth rehabilitation order does not already contain an unpaid work requirement,

the number of hours for which the offender may be required to work under the requirement (see paragraph 10(3) of Schedule 6) must not, in aggregate, be less than 20.

(8)The court may not under paragraph 6(5)(b) or 7(2)(b) impose—

(a)an extended activity requirement, or

(b)a fostering requirement,

if the order does not already impose such a requirement.

(9)Sub-paragraph (10) applies where—

(a)the order includes a fostering requirement (the “original requirement”), and

(b)under paragraph 6(5)(b) or 7(2)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement.

(10)The fostering period (see paragraph 26(3) of Schedule 6) for the substitute requirement must end—

(a)within 18 months beginning with the day on which the original requirement first took effect, and

(b)before the offender reaches the age of 18.

Powers in paragraphs 6 and 7 to re-sentence: further provisions relating to intensive supervision and surveillance

11(1)This paragraph applies where—

(a)the court is dealing with the offender under paragraph 6(5)(c) or 7(2)(c) for an offence, and

(b)the offender has wilfully and persistently failed to comply with the youth rehabilitation order.

(2)The court may impose a youth rehabilitation order with intensive supervision and surveillance even if—

(a)the offence is not an imprisonable offence, or

(b)the court is not of the opinion mentioned in section 180(2)(a) (custodial sentence otherwise appropriate).

(3)If—

(a)the order is a youth rehabilitation order with intensive supervision and surveillance, and

(b)the offence is an imprisonable offence,

the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (threshold for imposing discretionary custodial sentence).

(4)If—

(a)the order is a youth rehabilitation order with intensive supervision and surveillance which was imposed by virtue of sub-paragraph (2), and

(b)the offence is not an offence punishable with imprisonment,

the court’s powers under paragraph 6(5)(c) or 7(2)(c) to deal with the offender for the offence include power to make a detention and training order for a term not exceeding 4 months.

PART 3Revocation of order with or without re-sentencing

Youth rehabilitation order subject to magistrates’ court supervision

12(1)This paragraph applies where—

(a)a youth rehabilitation order subject to magistrates’ court supervision is in force in respect of an offender,

(b)the offender or the responsible officer makes an application to the appropriate court under this sub-paragraph.

(2)In this paragraph, “the appropriate court” means—

(a)if the offender is aged under 18 when the application under sub-paragraph (1) is made, a youth court acting in the offender’s home local justice area, and

(b)if the offender is aged 18 or over at that time, a magistrates’ court (other than a youth court) acting in that local justice area.

(3)No application may be made under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending.

(4)Unless the application was made by the offender, the appropriate court—

(a)must, before exercising its powers under sub-paragraph (5)(b), summon the offender to appear before it, and

(b)if the offender does not appear in answer to the summons, may issue a warrant for the offender’s arrest.

(5)If it appears to the appropriate court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the appropriate court may—

(a)revoke the order, or

(b)both—

(i)revoke the order, and

(ii)re-sentence the offender for the offence in respect of which the order was made.

(6)The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (5) include the offender’s—

(a)making good progress, or

(b)responding satisfactorily to supervision or treatment (as the case requires).

(7)If the court deals with the offender under sub-paragraph (5)(b), it must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(8)A person sentenced under sub-paragraph (5)(b) for an offence may appeal to the Crown Court against the sentence.

(9)If the application is dismissed, no-one may make a further application under sub-paragraph (1) during the 3 month period beginning with the date of the dismissal, except with the consent of the appropriate court.

Crown Court youth rehabilitation order

13(1)This paragraph applies where a Crown Court youth rehabilitation order is in force and—

(a)the offender, or

(b)the responsible officer,

makes an application to the Crown Court under this sub-paragraph.

(2)No application may be made under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending.

(3)Unless the application was made by the offender, the Crown Court—

(a)must, before exercising its powers under sub-paragraph (4)(b), summon the offender to appear before the court, and

(b)if the offender does not appear in answer to the summons, may issue a warrant for the offender’s arrest.

(4)If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the Crown Court may—

(a)revoke the order, or

(b)both—

(i)revoke the order, and

(ii)re-sentence the offender for the offence in respect of which the order was made.

(5)The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (4) include the offender’s—

(a)making good progress, or

(b)responding satisfactorily to supervision or treatment (as the case requires).

(6)If the Crown Court deals with the offender under sub-paragraph (4)(b), it must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(7)If the application is dismissed, no-one may make a further application under sub-paragraph (1) during the 3 month period beginning with the date of the dismissal, except with the consent of the Crown Court.

PART 4Amendment of order

Appropriate court

14In this Part of this Schedule, “the appropriate court”, in relation to an application relating to a youth rehabilitation order, means—

(a)if the order is subject to magistrates’ court supervision—

(i)if the offender is aged under 18 when the application is made, a youth court acting in the offender’s home local justice area, and

(ii)if the offender is aged 18 or over at that time, a magistrates’ court (other than a youth court) acting in that local justice area;

(b)if the order is a Crown Court youth rehabilitation order, the Crown Court.

Amendment by appropriate court

15(1)This paragraph applies where—

(a)a youth rehabilitation order is in force, and

(b)an application for the amendment of the order is made to the appropriate court by—

(i)the offender, or

(ii)the responsible officer.

(2)If the appropriate court is satisfied that the offender proposes to reside, or is residing, in a local justice area (a “new local justice area”) other than the offender’s home local justice area for the time being specified in the order, the court—

(a)must, if the responsible officer made the application under sub-paragraph (1)(b), or

(b)may, in any other case,

amend the youth rehabilitation order to specify the new local justice area as the offender’s home local justice area.

This is subject to paragraph 16.

(3)The appropriate court may by order amend the youth rehabilitation order—

(a)by cancelling any of the youth rehabilitation requirements of the order, or

(b)by replacing any of those requirements with a youth rehabilitation requirement of the same kind which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence.

This is subject to paragraph 17.

(4)In this paragraph—

  • “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and

  • the “relevant assumptions” are that—

    (a)

    the offender has just been convicted by or before the appropriate court of the relevant offence, and

    (b)

    the offender is the same age as when in fact convicted of that offence.

Exercise of powers under paragraph 15(2): further provision

16(1)This paragraph applies where—

(a)an application has been made under paragraph 15(1)(b) in respect of a youth rehabilitation order, and

(b)the court proposes to exercise its powers under paragraph 15(2) to specify a new local justice area in the order.

(2)Sub-paragraphs (3) and (4) apply if the youth rehabilitation order contains one or more requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the area then specified as the offender’s home local justice area (each, a “specific area requirement”).

(3)The court may not amend the order under paragraph 15(2) to specify a new local justice area unless it also exercises the power in paragraph 15(3) (by cancelling or substituting each specific area requirement) so that the order can be complied with if the offender resides in the new local justice area.

(4)If the application was made by the responsible officer, the court must exercise the power in paragraph 15(3) in that way unless it considers it inappropriate to do so.

(5)Sub-paragraph (6) applies if the youth rehabilitation order imposes a programme requirement.

(6)The court may not amend the order under paragraph 15(2) unless it is satisfied that a programme which—

(a)corresponds as nearly as practicable to the programme specified in the order for the purposes of the programme requirement, and

(b)is suitable for the offender,

is available in the new local justice area.

Exercise of powers under paragraph 15(3)(b): further provision

17(1)Before exercising its powers under paragraph 15(3)(b) (replacing requirements of a youth rehabilitation order), the court must summon the offender to appear before it, unless—

(a)the application under paragraph 15(1)(b) was made by the offender, or

(b)the court would exercise the powers only to—

(i)replace any requirement of the youth rehabilitation order with one of a shorter duration, or

(ii)substitute a new local justice area or place for one specified in the order.

(2)If the offender fails to appear in answer to a summons under sub-paragraph (1) the court may issue a warrant for the offender’s arrest.

(3)Any requirement imposed under paragraph 15(3)(b) must be capable of being complied with before the end date.

This is subject to paragraph 18.

(4)Any provision that applies to a court where it imposes a requirement on making a youth rehabilitation order applies also to the court where it imposes such a requirement under paragraph 15(3)(b).

That is subject to the following provisions of this paragraph and paragraphs 18 and 19.

(5)Sub-paragraph (6) applies where—

(a)the order includes a fostering requirement (the “original requirement”), and

(b)under paragraph 15(3)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement.

(6)The fostering period (see paragraph 26(3) of Schedule 6) for the substitute requirement must end—

(a)within 18 months beginning with the day on which the original requirement first took effect, and

(b)before the offender reaches the age of 18.

(7)The court may not under paragraph 15(3)(b) impose—

(a)a mental health treatment requirement,

(b)a drug treatment requirement, or

(c)a drug testing requirement,

unless the offender has expressed willingness to comply with the requirement.

(8)If the offender fails to express willingness to comply with a mental health treatment requirement, a drug treatment requirement or a drug testing requirement which the court proposes to impose under paragraph 15(3)(b), the court may—

(a)revoke the youth rehabilitation order, and

(b)re-sentence the offender for the offence in respect of which the order was made.

(9)If the court deals with the offender under sub-paragraph (8)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

Extension of order

18(1)The appropriate court may, on the application of—

(a)the offender, or

(b)the responsible officer,

amend a youth rehabilitation order by substituting a later date for the end date.

(2)Unless the application was made by the offender, the court—

(a)must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b)if the offender fails to appear in answer to the summons, may issue a warrant for the offender’s arrest.

(3)A date substituted under sub-paragraph (1)

(a)must not be more than 6 months after the existing end date;

(b)subject to that, may be more than 3 years after the date on which the order took effect.

(4)Once the power in sub-paragraph (1) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

Extension of unpaid work requirement

19(1)This paragraph applies where a youth rehabilitation order imposing an unpaid work requirement is in force in respect of an offender.

(2)The appropriate court may, on the application of—

(a)the offender, or

(b)the responsible officer,

extend the period of 12 months specified in paragraph 10(1)(b) of Schedule 6, if it appears to the appropriate court to be in the interests of justice to do so having regard to circumstances which have arisen since the order was made.

(3)Unless the application was made by the offender, the court—

(a)must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b)if the offender fails to appear in answer to the summons, may issue a warrant for the offender’s arrest.

PART 5Conviction of further offence

Powers of magistrates’ court following subsequent conviction

20Paragraphs 21 and 22 apply where—

(a)a youth rehabilitation order (“the existing youth rehabilitation order”) is in force in respect of an offender, and

(b)the offender is convicted of an offence (the “further offence”) by a youth court or other magistrates’ court (“the convicting court”).

21(1)This paragraph applies if—

(a)the existing youth rehabilitation order is subject to magistrates’ court supervision, and

(b)the convicting court is dealing with the offender for the further offence.

(2)If it appears to the convicting court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the convicting court may—

(a)revoke the youth rehabilitation order, or

(b)both—

(i)revoke the youth rehabilitation order, and

(ii)re-sentence the offender for the offence in respect of which the order was made.

(3)Unless the offender is before it, the convicting court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4)If the offender fails to appear in answer to a summons under sub-paragraph (3) the court may issue a warrant for the offender’s arrest.

(5)If the convicting court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

(6)A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.

22(1)Sub-paragraph (2) applies if—

(a)the existing youth rehabilitation order was made by the Crown Court but is subject to magistrates’ court supervision, and

(b)the convicting court would, but for this paragraph, deal with the offender for the further offence.

(2)The convicting court may, instead of proceeding under paragraph 21

(a)commit the offender to custody, or

(b)release the offender on bail,

until the offender can be brought before the Crown Court.

(3)Sub-paragraph (4) applies if the youth rehabilitation order is a Crown Court youth rehabilitation order.

(4)The convicting court may—

(a)commit the offender to custody, or

(b)release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(5)Where the convicting court deals with an offender’s case under sub-paragraph (2) or (4), it must send the Crown Court such particulars of the case as may be desirable.

(6)Unless the offender is before it, the convicting court may not deal with the offender under this paragraph unless it has summoned the offender to appear before it.

(7)If the offender fails to appear in answer to a summons under sub-paragraph (6) the court may issue a warrant for the offender’s arrest.

Powers of Crown Court following subsequent conviction

23(1)This paragraph applies where a youth rehabilitation order is in force in respect of an offender, and the offender—

(a)is convicted by the Crown Court of an offence, or

(b)is brought or appears before the Crown Court—

(i)by virtue of paragraph 22(2) or (4), or

(ii)having been committed by a magistrates’ court to the Crown Court for sentence.

(2)If it appears to the Crown Court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the Crown Court may—

(a)revoke the order, or

(b)both—

(i)revoke the order, and

(ii)re-sentence the offender for the offence in respect of which the order was made.

(3)Unless the offender is before it, the Crown Court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4)If the offender fails to appear in answer to a summons under sub-paragraph (3) the Crown Court may issue a warrant for the offender’s arrest.

(5)If the Crown Court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

(6)If the offender is brought or appears before the Crown Court by virtue of paragraph 22(2) or (4), the Crown Court may deal with the offender for the further offence in any way which the convicting court could have dealt with the offender for that offence.

(7)In sub-paragraph (6), “further offence” and “the convicting court” have the meanings given by paragraph 20.

PART 6Supplementary

Warrants

24(1)Sub-paragraph (2) applies where an offender—

(a)is arrested under a warrant issued by virtue of this Schedule, and

(b)cannot immediately be brought before the court before which the warrant directs the offender to be brought (“the relevant court”).

(2)The person in whose custody the offender is—

(a)may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and

(b)must, within that period, bring the offender before a youth court or, if the offender is aged 18 or over, a magistrates’ court other than a youth court.

(3)In the case of a warrant issued by the Crown Court, section 81(5) of the Senior Courts Act 1981 (duty to bring person before magistrates’ court) does not apply.

(4)A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.

25(1)This paragraph applies where the court before which the offender is brought under paragraph 24(2) (“the alternative court”) is not the relevant court.

(2)If the relevant court is a magistrates’ court—

(a)the alternative court may—

(i)direct that the offender be released forthwith, or

(ii)remand the offender, and

(b)section 128 of the Magistrates’ Courts Act 1980 (remand in custody or on bail) applies as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the relevant court.

(3)If the relevant court is the Crown Court, section 43A of the Magistrates’ Courts Act 1980 (functions of magistrates’ court where a person in custody is brought before it with a view to appearance before the Crown Court) applies as if, in subsection (1)—

(a)the words “issued by the Crown Court” were omitted, and

(b)the reference to section 81(5) of the Senior Courts Act 1981 were a reference to paragraph 24(2)(b).

(4)If the offender is aged under 18, any power conferred by section 43A or 128 of the Magistrates’ Courts Act 1980 to remand the offender in custody is to be taken to be a power to remand the offender to accommodation provided by or on behalf of a local authority.

(5)If the court remands the offender to accommodation provided by or on behalf of a local authority, it must designate, as the authority which is to receive the offender, the local authority for the area in which it appears to the court that the offender resides.

(6)In this paragraph “relevant court” has the same meaning as in paragraph 24.

Adjournment of proceedings

26(1)This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates’ court in any proceedings under this Schedule.

(2)The court may adjourn the hearing.

(3)Where the court adjourns the hearing under sub-paragraph (2), it may—

(a)direct that the offender be released forthwith, or

(b)remand the offender.

(4)Where the court remands the offender under sub-paragraph (3)

(a)it must fix the time and place at which the hearing is to be resumed, and

(b)the remand must require the offender to be brought before the court at that time and place.

(5)Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a)it may fix the time and place at which the hearing is to be resumed, but

(b)if it does not do so, must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place of the resumed hearing—

(i)the offender,

(ii)if the offender is aged under 14, a parent or guardian of the offender, and

(iii)the responsible officer.

(6)The powers of a magistrates’ court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates’ Courts Act 1980.

(7)This paragraph—

(a)applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates’ Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b)is not to be taken to affect the application of that section to hearings of any other description.

Provision of copies of orders etc

27(1)This paragraph applies on the making of an order by a court under this Schedule revoking or amending a youth rehabilitation order.

(2)The court must forthwith provide copies of the revoking or amending order to—

(a)the offender,

(b)if the offender is aged under 14, to the offender’s parent or guardian, and

(c)the responsible officer.

(3)In the case of an amending order which substitutes a new local justice area as the offender’s home local justice area, the court must also forthwith provide a copy of the amending order to—

(a)a provider of probation services operating in that area, and

(b)the magistrates’ court acting in that area.

(4)If the court amends the youth rehabilitation order by imposing or cancelling a requirement specified in column 1 of the table in sub-paragraph (6), it must also forthwith provide the person specified for that requirement in column 2 with a copy of so much of the amending order as relates to that requirement.

(5)If the court revokes the youth rehabilitation order, for each requirement specified in column 1 of that table that the order imposed, the court must forthwith provide the person specified for that requirement in column 2 of that table with a copy of the revoking order.

(6)That table is—

RequirementPerson to whom copy of requirement is to be given
An activity requirement which comprises or includes a specified place obligation.The person in charge of each place specified under paragraph 3(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified activities obligation.The person in charge of each activity specified under paragraph 4(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified residential exercise obligation.The person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6
An attendance centre requirement.The officer in charge of the attendance centre specified under paragraph 14(2)(a) of Schedule 6
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender.The person intended to be protected
A residence requirement requiring residence with an individual.The individual specified under paragraph 22(2)(b) of Schedule 6
A place of residence requirement (within the meaning of paragraph 22 of Schedule 6) relating to residence in an institution.The person in charge of the institution
A local authority residence requirement.The local authority specified under paragraph 24(3)(b) of Schedule 6
A mental health treatment requirement.The person in charge of the institution or place specified under sub-paragraph (3)(b)(i) or (ii) of paragraph 28 of Schedule 6, or the person specified under sub-paragraph (3)(b)(iii) of that paragraph
A drug treatment requirement.The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
A drug testing requirement.The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An intoxicating substance treatment requirement.The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An education requirement.The relevant authority specified under paragraph 39(2)(a) of Schedule 6
An electronic monitoring requirement.Any person who by virtue of paragraph 42(1) of Schedule 6 will be responsible for the electronic monitoring
Any person without whose consent the requirement could not be included in the order.

(7)If the youth rehabilitation order is revoked by a magistrates’ court acting in a local justice area other than the offender’s home local justice area, the court must forthwith provide a copy of the revoking order to a magistrates’ court acting in the offender’s home local justice area.

(8)Where under sub-paragraph (3) the court provides a copy of an amending order to a magistrates’ court acting in a different area, it must also provide that court with such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

Section 196

SCHEDULE 8Transfer of youth rehabilitation orders to Northern Ireland

PART 1Powers of court in England and Wales to make or amend a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

Making of youth rehabilitation order where offender will reside in Northern Ireland

1(1)This paragraph applies where—

(a)a youth rehabilitation order is available to a court dealing with an offender, and

(b)the court is satisfied that the offender—

(i)resides in Northern Ireland, or

(ii)if a youth rehabilitation order is made, will reside there when the order takes effect.

(2)The court may make a youth rehabilitation order only if—

(a)it appears to the court that suitable arrangements for the offender’s supervision can be made by—

(i)the Probation Board for Northern Ireland, or

(ii)any other designated body, and

(b)the order will satisfy paragraphs 4 to 6.

Amendment of youth rehabilitation order where offender will reside in Northern Ireland

2(1)This paragraph applies where—

(a)a youth rehabilitation order is in force,

(b)the appropriate court (within the meaning given in paragraph 14 of Schedule 7) is satisfied that the offender—

(i)resides in Northern Ireland, or

(ii)proposes to reside there, and

(c)it appears to the court that suitable arrangements for the offender’s supervision can be made by—

(i)the Probation Board for Northern Ireland, or

(ii)any other designated body.

(2)The power of the appropriate court to amend the order under Part 4 of Schedule 7 (“the amendment power”) includes power to amend the order by requiring—

(a)the order to be complied with in Northern Ireland, and

(b)the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3)But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 to 6.

PART 2Requirements etc: availability and modifications of Schedule 6

Requirements: availability and restrictions

3This Part of this Schedule applies where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule.

4The order must not impose either of the following requirements—

(a)a local authority residence requirement;

(b)a fostering requirement.

5(1)The order must not 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.

(2)For the purposes of this paragraph, “locally based requirement” means any of the following—

(a)an activity requirement (including an extended activity requirement);

(b)an unpaid work requirement;

(c)a programme requirement;

(d)an attendance centre requirement;

(e)a mental health treatment requirement;

(f)a drug treatment requirement;

(g)a drug testing requirement;

(h)an education requirement;

(i)an electronic monitoring requirement.

6The number of hours, days or months in respect of which any requirement of the order is imposed must not be greater than the number of hours, days or months in respect of which a court in Northern Ireland could impose a similar requirement in a corresponding order.

Further provisions where offender resides or will reside in Northern Ireland

7In a case where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule, Chapter 1 of this Part of this Code (youth rehabilitation orders) has effect as if—

(a)any reference to the responsible officer were a reference to the person who is to be responsible for the offender’s supervision under the order;

(b)section 188 (offender’s home local justice area to be specified in order) were omitted;

(c)the following provisions of Schedule 6 were omitted—

(i)paragraph 8(a)(i) (consultation of member of youth offending team);

(ii)paragraphs 8(b), 11(1)(b) and 15(a) (availability of arrangements in local area: activity requirement, unpaid work requirement and attendance centre requirement);

(iii)paragraph 23(4) (residence requirement: restriction on requiring residence at hostel or other institution);

(iv)paragraphs 32(1)(b) and (3) and 35(2)(a) and (3) (availability of requirements to be notified by Secretary of State: drug treatment and testing and electronic monitoring);

(v)paragraph 42(2) (persons responsible for electronic monitoring);

(vi)paragraph 44(2) and (3) (availability of requirements for electronic monitoring);

(d)in Part 5 of that Schedule (attendance centre requirement), any reference to an attendance centre were to an attendance centre as defined by Article 50(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N. I. 9));

(e)in paragraph 28 of that Schedule (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

  • “in-patient treatment” means treatment as a resident patient at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)), approved by the Department of Health in Northern Ireland for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));;

(f)in Part 16 of that Schedule (education requirement) references to a relevant authority were to the Education Authority established under section 1 of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.)).

PART 3Making or amendment of order in accordance with Part 1 of this Schedule

Application

8This Part of this Schedule applies in a case where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule.

Explanation to be given by court before order is made or amended

9Before making or amending the youth rehabilitation order, the court must explain to the offender in ordinary language—

(a)the effect of paragraph 15(1) (order to be treated as corresponding order),

(b)the requirements of the legislation in Northern Ireland relating to corresponding orders,

(c)the powers of the home court under that legislation, as modified by Part 4 of this Schedule, and

(d)its own powers in relation to the youth rehabilitation order under Part 4 of this Schedule.

Matters to be specified in the order

10(1)The youth rehabilitation order must specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Northern Ireland.

(2)If the youth rehabilitation order is made by the Crown Court and includes a direction under section 189, the order must specify the youth court or other magistrates’ court in England and Wales which is to be the relevant court in England and Wales for the purposes of this Schedule.

Provision of copies

11(1)The court which makes or amends the youth rehabilitation order must forthwith—

(a)provide each of the persons mentioned in sub-paragraph (2) with a copy of the order as made or amended, and

(b)provide the home court with—

(i)a copy of the order as made or amended, and

(ii)such other documents and information relating to the case as it considers likely to be of assistance to the home court.

(2)Those persons are—

(a)the offender,

(b)if the offender is aged under 14—

(i)the offender’s parent or guardian, or

(ii)if an authority in Northern Ireland has parental responsibility for, and is looking after, the offender, the authority, and

(c)the body which is to make suitable arrangements for the offender’s supervision under the order.

(3)In sub-paragraph (2)(b)(ii)

(a)“authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

(b)the reference to an offender who is looked after by an authority is to be construed in accordance with Article 25 of that Order, and

(c)“parental responsibility” has the same meaning as in that Order.

(4)If the court—

(a)makes a youth rehabilitation order which imposes a requirement specified in column 1 of the following table, or

(b)amends a youth rehabilitation order so as to impose or amend such a requirement,

the court must also forthwith provide the person specified in the corresponding entry in column 2 of the table with a copy of so much of the youth rehabilitation order or amending order as relates to the requirement—

RequirementPerson to whom copy of requirement is to be given
An activity requirement which comprises or includes a specified place obligation.The person in charge of each place specified under paragraph 3(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified activities obligation.The person in charge of each activity specified under paragraph 4(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified residential exercise obligation.The person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6
An attendance centre requirement.The officer in charge of the attendance centre specified under paragraph 14(2)(a) of Schedule 6
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender.The person intended to be protected
A residence requirement requiring residence with an individual.The individual specified under paragraph 22(2)(b) of Schedule 6
A place of residence requirement (within the meaning of paragraph 22 of Schedule 6) relating to residence in an institution.The person in charge of the institution
A mental health treatment requirement.The person in charge of the institution or place specified under sub-paragraph (3)(b)(i) or (ii) of paragraph 28 of Schedule 6, or the person specified under sub-paragraph (3)(b)(iii) of that paragraph
A drug treatment requirement.The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
A drug testing requirement.The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An intoxicating substance treatment requirement.The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An education requirement.The Education Authority established under section 1 of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.))
An electronic monitoring requirement.Any person who by virtue of paragraph 42(1) of Schedule 6 will be responsible for the electronic monitoring
Any person without whose consent the requirement could not have been included in the order.

(5)This paragraph has effect in place of section 190.

PART 4Effect of order made or amended in accordance with Part 1 of this Schedule

Application

12This Part of this Schedule applies where a youth rehabilitation order is made or amended in accordance with Part 1 of this Schedule.

Duty of offender to keep in touch with relevant officer

13(1)The offender—

(a)must keep in touch with the relevant officer in accordance with any instructions the relevant officer may give the offender from time to time, and

(b)must notify the relevant officer of any change of address.

(2)This obligation has effect as if it were a youth rehabilitation requirement of the youth rehabilitation order.

(3)This paragraph has effect in place of section 193.

Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction

14Where the youth rehabilitation order was made or amended by the Crown Court, the Crown Court in Northern Ireland may direct that any proceedings in Northern Ireland in relation to the order be before a court of summary jurisdiction.

Effect of the youth rehabilitation order in Northern Ireland

15(1)The youth rehabilitation order is to be treated in Northern Ireland as if it were a corresponding order and the legislation which has effect in Northern Ireland in relation to such orders applies accordingly.

(2)Sub-paragraph (1) is subject to the following provisions of this Part of this Schedule.

Powers of the home court in respect of the youth rehabilitation order

16(1)The home court may exercise any relevant local power in relation to the youth rehabilitation order, subject to the following restrictions.

(2)A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the legislation that applies in Northern Ireland in relation to such orders.

(3)The home court may not discharge or revoke the order.

(4)But that does not prevent the home court from exercising a power to revoke the order where—

(a)the offender has been convicted of a further offence, and

(b)the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose).

(5)The home court may not deal with the offender for the offence in respect of which the youth rehabilitation order was made.

(6)If the youth rehabilitation order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 18 of Schedule 6) that could not be specified by a court in England and Wales if, applying the relevant assumptions, it were imposing the requirement.

(7)For that purpose, “the relevant assumptions” are that the offender—

(a)has just been convicted by or before the court in England and Wales of the offence in respect of which the youth rehabilitation order was made, but

(b)is the same age as when in fact convicted of the offence.

17(1)The home court may require the offender to appear before the relevant court in England and Wales if sub-paragraph (2) or (3) applies.

(2)This sub-paragraph applies where it appears to the home court upon a complaint being made to a lay magistrate in Northern Ireland that the offender has breached one or more requirements of the order.

(3)This sub-paragraph applies where it appears to the home court, on the application of the offender or the relevant officer, that it would be in the interests of justice for any of the following powers to be exercised—

(a)a power conferred by Part 3 of Schedule 7 (revocation of order with or without re-sentencing);

(b)a power conferred by paragraph 15 of that Schedule (amendment by appropriate court).

Breach of requirement: certificate of home court

18(1)Where the home court requires the offender to appear before the relevant court in England and Wales by virtue of paragraph 17(2) (breach of a requirement of the order) the home court must send the court in England and Wales—

(a)a certificate certifying that the offender has breached a requirement of the order specified in the certificate, and

(b)such other particulars of the case as may be desirable.

(2)A certificate under sub-paragraph (1)(a) purporting to be signed by the clerk of the home court (or, if the home court is the Crown Court in Northern Ireland, by the chief clerk) is admissible as evidence of the breach before the relevant court in England or Wales.

Powers of court in England or Wales where offender required to appear under paragraph 17

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.

(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.

20(1)This paragraph applies where—

(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.

PART 5Interpretation

21(1)For the purposes of this Schedule, in relation to a youth rehabilitation order—

  • “breach”, in relation to a requirement of the order, means a failure to comply with it, and related expressions are to be read accordingly;

  • “corresponding order” means the order specified under paragraph 10(1);

  • “home court” means—

    (a)

    a court of summary jurisdiction in Northern Ireland, or

    (b)

    where the youth rehabilitation order was made or amended by the Crown Court and the Crown Court in Northern Ireland has not made a direction under paragraph 14, the Crown Court in Northern Ireland;

  • “supervision” means the performance of supervisory, enforcement and other related functions conferred by the legislation which has effect in Northern Ireland relating to the corresponding order;

  • “the relevant court in England and Wales” means—

    (a)

    the court in England and Wales which made or which last amended the order, or

    (b)

    if the order was made by the Crown Court and includes a direction under section 189, such youth court or other magistrates’ court as may be specified in the order;

  • “the relevant officer” means the person responsible for the offender’s supervision under the order.

(2)In this Schedule “designated body” means a body designated for the purposes of this Part of this Schedule by the Secretary of State by regulations.

(3)Regulations under sub-paragraph (2) are subject to the negative resolution procedure.

Sections 200 and 286

SCHEDULE 9Community orders and suspended sentence orders: requirements

PART 1Unpaid work requirement

Requirement and obligation of offender

1(1)In this Code “unpaid work requirement”, in relation to a relevant order, means a requirement that the offender must perform unpaid work in accordance with the instructions of the responsible officer as to—

(a)the work to be performed, and

(b)the times, during a period of 12 months, at which the offender is to perform it.

(2)Sub-paragraph (1)(b) is subject to—

(a)paragraph 21 of Schedule 10 (community order: power to extend unpaid work requirement);

(b)paragraph 27 of Schedule 16 (suspended sentence order: extension of unpaid work requirement).

Number of hours of unpaid work to be specified in order

2(1)The number of hours which a person may be required to work under an unpaid work requirement—

(a)must be specified in the relevant order, and

(b)must, in aggregate, be—

(i)not less than 40, and

(ii)not more than 300.

(2)Sub-paragraph (1)(b)(i) is subject to paragraph 13(4) of Schedule 10 (breach of community order: power to impose unpaid work requirement).

(3)Sub-paragraph (4) applies where the court—

(a)makes relevant orders in respect of two or more offences of which the offender is convicted on the same occasion, and

(b)includes unpaid work requirements in each of them.

(4)The court may direct that the hours of work specified in any of those requirements is to be—

(a)concurrent with, or

(b)additional to,

those specified in any other of those orders.

But the total number of hours which are not concurrent must not exceed the maximum number (see sub-paragraph (1)(b)(ii)).

Restriction on imposing unpaid work requirement

3(1)A court may not include an unpaid work requirement in a relevant order unless it is satisfied—

(a)that the offender is a suitable person to perform work under such a requirement, and

(b)that provision for the offender to work under such a requirement can be made under the arrangements for persons to perform work under such a requirement which exist in the offender’s home local justice area.

(2)In making a decision under sub-paragraph (1)(a), the court must (if it thinks necessary) hear an officer of a provider of probation services.

PART 2Rehabilitation activity requirement

Requirement

4(1)In this Code “rehabilitation activity requirement”, in relation to a relevant order, means a requirement that, during the relevant period, the offender must comply with any instructions given by the responsible officer to do either or both of the following—

(a)attend appointments;

(b)participate in activities.

(2)The maximum number of days on which the offender may be instructed to participate in activities must be specified in the relevant order.

(3)In this paragraph “the relevant period” means—

(a)in relation to a community order, the period for which the community order remains in force, and

(b)in relation to a suspended sentence order, the supervision period.

Instructions given by responsible officer

5(1)Any instructions given by the responsible officer pursuant to the rehabilitation activity requirement must be given with a view to promoting the offender’s rehabilitation.

(2)Sub-paragraph (1) does not prevent the responsible officer giving instructions with a view to other purposes in addition to rehabilitation.

(3)The responsible officer may instruct the offender to attend appointments with the responsible officer or with someone else.

(4)The responsible officer, when instructing the offender to participate in activities, may require the offender—

(a)to participate in specified activities and, while doing so, comply with instructions given by the person in charge of the activities, or

(b)to go to a specified place and, while there, comply with any instructions given by the person in charge of the place.

(5)The references in sub-paragraph (4)(a) and (b) to instructions given by a person include instructions given by anyone acting under the person’s authority.

(6)The activities that a responsible officer may instruct the offender to participate in include—

(a)activities forming an accredited programme (see paragraph 6(2));

(b)activities whose purpose is reparative, such as restorative justice activities.

(7)For the purposes of sub-paragraph (6)(b), an activity is a restorative justice activity if—

(a)the participants consist of, or include, the offender and any victim or victims,

(b)the aim of the activity is to maximise the offender’s awareness of the impact of the offending concerned on the victims, and

(c)the activity gives a victim or victims an opportunity to talk about, or by other means express experience of, the offending and its impact.

(8)In sub-paragraph (7) “victim” means a victim of, or other person affected by, the offending concerned.

(9)Where compliance with an instruction would require the co-operation of a person other than the offender, the responsible officer may give the instruction only if that person agrees.

PART 3Programme requirement

6(1)In this Code “programme requirement”, in relation to a relevant order, means a requirement that the offender must—

(a)in accordance with instructions given by the responsible officer participate in an accredited programme at a particular place, and

(b)while at that place, comply with instructions given by, or under the authority of, the person in charge of the programme.

(2)In this Code “accredited programme” means a programme that is for the time being accredited by the Secretary of State for the purposes of this paragraph.

(3)Any programme that immediately before 1 May 2008 was accredited for the purposes of section 202 of the Criminal Justice Act 2003 is treated as accredited by the Secretary of State for the purposes of this paragraph.

(4)In this paragraph “programme” means a systematic set of activities.

(5)Where a relevant order includes a programme requirement—

(a)the order must specify the number of days on which the offender is to be required to participate in an accredited programme under the requirement;

(b)it is for the responsible officer to specify—

(i)the accredited programme in which the offender is to participate, and

(ii)the place at which the offender is to do so.

PART 4Prohibited activity requirement

Requirement

7(1)In this Code “prohibited activity requirement”, in relation to a relevant order, means a requirement that the offender must refrain from participating in activities—

(a)on one or more particular days, or

(b)for a particular period.

(2)Where the court makes a relevant order imposing a prohibited activity requirement, the following must be specified in the order—

(a)the activities from which the offender must refrain;

(b)the day or days on which, or the period for which, the offender must refrain from those activities.

(3)A prohibited activity requirement may, in particular, include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968.

Restriction on imposing prohibited activity requirement

8A court may not include a prohibited activity requirement in a relevant order unless it has consulted an officer of a provider of probation services.

PART 5Curfew requirement

Requirement

9(1)In this Code “curfew requirement”, in relation to a relevant order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place.

(2)A relevant order which imposes a curfew requirement must specify—

(a)the curfew periods, and

(b)the place at which the offender must remain for each curfew period.

(3)Different places or different curfew periods may be specified for different days.

(4)The curfew periods specified must amount to—

(a)not less than 2 hours in any day, and

(b)not more than 16 hours in any day.

(5)The specified curfew periods must fall within the period of 12 months beginning with the day on which the requirement first takes effect.

Requirements where court imposes curfew requirement

10(1)Before making a relevant order imposing a curfew requirement, the court must obtain and consider information about each place proposed to be specified in the order.

(2)That information must include information as to the attitude of persons likely to be affected by the offender’s enforced presence there.

(3)Where the court makes a relevant order imposing a curfew requirement it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—

(a)it is prevented from doing so by—

(i)paragraph 33 (consent of person whose co-operation is required), or

(ii)paragraph 34(1) (arrangements in relevant area), or

(b)in the particular circumstances of the case, it considers it inappropriate to do so.

PART 6Exclusion requirement

Requirement

11(1)In this Code “exclusion requirement”, in relation to a relevant order, means a provision prohibiting the offender from entering a particular place (the “prohibited place”) for a particular period (the “exclusion period”).

(2)A relevant order which imposes an exclusion requirement must specify—

(a)the prohibited place, and

(b)the exclusion period.

(3)A relevant order may specify—

(a)more than one prohibited place;

(b)more than one exclusion period;

(c)different prohibited places for different exclusion periods or different days.

(4)If the relevant order is a community order—

(a)the exclusion period must not be more than 2 years beginning with the day on which the requirement first takes effect;

(b)if the order specifies more than one exclusion period, each of the exclusion periods must fall within that 2 year period.

(5)A prohibited place may be an area.

Requirement where court imposes exclusion requirement

12Where the court makes a relevant order imposing an exclusion requirement it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—

(a)it is prevented from doing so by—

(i)paragraph 33 (consent of person whose co-operation is required), or

(ii)paragraph 34(1) (arrangements in relevant area), or

(b)in the particular circumstances of the case, it considers it inappropriate to do so.

PART 7Residence requirement

Requirement

13(1)In this Code “residence requirement”, in relation to a relevant order, means a requirement that, for a particular period (“the required period”), the offender must reside—

(a)at a particular place (“the required place”), or

(b)if the order so permits, at the required place or, with the prior approval of the responsible officer, at some other place.

(2)A relevant order imposing a residence requirement must specify—

(a)the required place,

(b)the required period, and

(c)if the offender is to be permitted to reside at some other place with the prior approval of the responsible officer, that fact.

(3)A hostel or other institution may not be specified as the required place, except on the recommendation of an officer of a provider of probation services.

Requirement where court imposes residence requirement

14Before making a relevant order containing a residence requirement, the court must consider the home surroundings of the offender.

PART 8Foreign travel prohibition requirement

15(1)In this Code “foreign travel prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from travelling, on a particular day or days, or for a particular period, to a particular country or territory (or particular countries or territories) outside the British Islands.

(2)A relevant order which imposes a foreign travel prohibition requirement must specify—

(a)the day or days, or the period, for which the prohibition is to operate, and

(b)the area in relation to which the prohibition is to operate.

(3)A day specified under sub-paragraph (2)(a) must fall within the period of 12 months beginning with the day on which the requirement takes effect.

(4)A period specified under that sub-paragraph may not exceed 12 months beginning with the day on which the requirement takes effect.

(5)The area specified under sub-paragraph (2)(b) may be—

(a)a particular country or territory outside the British Islands specified or described in the order,

(b)all countries and territories outside the British Islands other than a country or territory specified or described in the order, or

(c)all countries and territories outside the British Islands.

PART 9Mental health treatment requirement

Requirement

16(1)In this Code “mental health treatment requirement”, in relation to a relevant order, means a requirement that the offender must submit, during a particular period or particular periods, to mental health treatment, which may be—

(a)in-patient treatment,

(b)institution-based out-patient treatment, or

(c)practitioner-based treatment.

(2)For this purpose—

  • “mental health treatment”, in relation to an offender, means treatment which is—

    (a)

    by or under the direction of a registered medical practitioner or registered psychologist, and

    (b)

    with a view to improvement of the offender’s mental condition;

  • “in-patient treatment” means treatment as a resident patient in—

    (a)

    a care home,

    (b)

    an independent hospital, or

    (c)

    a hospital within the meaning of the Mental Health Act 1983,

    but not in hospital premises where high security psychiatric services are provided;

  • “institution-based out-patient treatment” means treatment as a non-resident patient at a particular institution or place;

  • “practitioner-based treatment” means treatment by or under the direction of a particular registered medical practitioner or registered psychologist (or both).

(3)A relevant order which imposes a mental health treatment requirement must specify—

(a)the period or periods during which the offender is required to submit to mental health treatment, and

(b)for each of those periods—

(i)if the mental health treatment is to be in-patient treatment, the care home or hospital at which it is to be provided;

(ii)if it is to be institution-based out-patient treatment, the institution or place at which it is to be provided;

(iii)if it is to be practitioner-based treatment, the registered medical practitioner or registered psychologist (or both) by whom or under whose direction it is to be provided;

but may not otherwise specify the nature of the treatment.

(4)Different treatment may be specified for different periods.

(5)In this paragraph—

  • “care home” means—

    (a)

    a care home in England within the meaning of the Care Standards Act 2000;

    (b)

    a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided;

  • “high security psychiatric services” has the same meaning as in the Mental Health Act 1983;

  • “independent hospital”—

    (a)

    in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

    (b)

    in relation to Wales, has the same meaning as in the Care Standards Act 2000;

  • “registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists.

(6)While an offender is under treatment which is in-patient treatment in pursuance of a mental health treatment requirement of a relevant order, the responsible officer is to carry out the supervision of the offender only to the extent necessary for the purpose of revocation or amendment of the order.

Restrictions on imposing mental health treatment requirement

17(1)A court may not include a mental health treatment requirement in a relevant order unless the following conditions are met—

(a)the need for treatment condition,

(b)the arrangements condition, and

(c)the consent condition.

(2)The need for treatment condition is that the court is satisfied that the mental condition of the offender—

(a)requires treatment,

(b)may be susceptible to treatment, and

(c)does not warrant the making of a hospital order or guardianship order within the meaning of the Mental Health Act 1983.

(3)The arrangements condition is that the court is satisfied that arrangements—

(a)have been made, or

(b)can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to in-patient treatment (see paragraph 16(2)).

(4)The consent condition is that the offender has expressed willingness to comply with the requirement.

Alternative arrangements for mental health treatment made by practitioner

18(1)This paragraph applies where—

(a)an offender is being treated in pursuance of a mental health treatment requirement, and

(b)the treatment practitioner considers that part of the treatment can be better or more conveniently given in or at an institution or place—

(i)which is not specified in the relevant order, and

(ii)where the treatment will be given by or under the direction of a registered medical practitioner or registered psychologist.

(2)The treatment practitioner may make arrangements (“alternative arrangements”) for the offender to be treated accordingly.

(3)Alternative arrangements may be made only if the offender has expressed willingness for the treatment to be given under those arrangements.

(4)Alternative arrangements may provide for the offender to receive part of the treatment as a resident patient in an institution or place which could not have been specified for that purpose in the relevant order.

(5)Where alternative arrangements are made—

(a)the treatment for which the alternative arrangements provide is to be deemed to be treatment to which the offender must submit in pursuance of the mental health treatment requirement, and

(b)the treatment practitioner must give a notice in writing to the offender’s responsible officer, specifying the institution or place where that treatment is to be carried out.

(6)In this paragraph—

  • “registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists;

  • “treatment practitioner” means the medical practitioner or registered psychologist by or under whose direction the offender is being treated in pursuance of the mental health treatment requirement.

PART 10Drug rehabilitation requirement

Requirement

19(1)In this Code “drug rehabilitation requirement”, in relation to a relevant order, means a requirement that during a period specified in the order (“the treatment and testing period”) the offender—

(a)must submit to drug rehabilitation treatment, which may be resident treatment or non-resident treatment, and

(b)for the purpose of ascertaining whether there is any drug in the offender’s body during that period, must provide samples in accordance with directions given by—

(i)the responsible officer, or

(ii)the treatment director.

(2)In this paragraph—

  • “drug rehabilitation treatment”, in relation to an offender, means treatment which is—

    (a)

    by or under the direction of a person who has the necessary qualifications or experience, and

    (b)

    with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs;

  • “resident treatment” means treatment as a resident in an institution or place;

  • “non-resident treatment” means treatment as a non-resident at an institution or place;

  • “the treatment director” means the person by or under whose direction the treatment is to be provided.

(3)Sub-paragraphs (4) to (7) apply to a relevant order which imposes a drug rehabilitation requirement.

(4)The order may specify separate periods which together comprise the drug treatment and testing period.

(5)The order must specify, for each treatment period—

(a)the treatment director;

(b)if the treatment is to be resident treatment, the institution or place where it is to be provided;

(c)if it is to be non-resident treatment—

(i)the institution or place where it is to be provided, and

(ii)the intervals at which it is to be provided;

but must not otherwise specify the nature of the treatment.

(6)In sub-paragraph (5), “treatment period” means—

(a)if the order specifies separate periods under sub-paragraph (4), any of those periods;

(b)otherwise, the drug treatment and testing period.

(7)The order—

(a)must provide that if, by virtue of sub-paragraph (1)(b), the offender provides samples to a person other than the responsible officer, the results of tests carried out on the samples are to be communicated to the responsible officer;

(b)may make further provision about the provision of samples by virtue of sub-paragraph (1)(b) (which may include provision that directions, or directions of particular kinds, are to be given only by the responsible officer or only by the treatment director).

(8)The power for the responsible officer or treatment director to give directions by virtue of sub-paragraph (1)(b) about the provision of samples—

(a)is a power to give directions as to—

(i)the type of samples to be provided, and

(ii)the times at which, or circumstances in which, they are to be provided,

(b)is subject to any provision made by the order, and

(c)is to be exercised in accordance with guidance issued by the Secretary of State.

(9)The Secretary of State may revise any guidance issued under sub-paragraph (8)(c).

(10)In this paragraph and paragraph 20 “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971.

Restriction on imposing drug rehabilitation requirement

20(1)A court may not impose a drug rehabilitation requirement unless the following conditions are met—

(a)the need for treatment condition,

(b)the arrangements condition,

(c)the suitability condition, and

(d)the consent condition.

(2)The need for treatment condition is that the court is satisfied—

(a)that the offender—

(i)is dependent on drugs, or

(ii)has a propensity to misuse drugs, and

(b)that the offender’s dependency or propensity—

(i)requires treatment, and

(ii)may be susceptible to treatment.

(3)The arrangements condition is that the court is satisfied that arrangements—

(a)have been made, or

(b)can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to resident treatment (within the meaning given in paragraph 19(2)).

(4)The suitability condition is that the requirement has been recommended to the court as being suitable for the offender by an officer of a provider of probation services.

(5)The consent condition is that the offender expresses willingness to comply with the requirement.

Drug rehabilitation requirement: provision for review by court

21(1)A relevant order imposing a drug rehabilitation requirement—

(a)must include provision for review if the treatment and testing period is more than 12 months, and

(b)may do so in any other case.

(2)For this purpose, “provision for review” means provision—

(a)for the requirement to be reviewed periodically at intervals of not less than one month,

(b)for each review of the requirement to be made at a hearing held for the purpose by the responsible court (a “review hearing”),

(c)requiring the offender to attend each review hearing,

(d)requiring a written report on the offender’s progress under the requirement to be made by an officer of a provider of probation services to the responsible court before each review hearing, and

(e)requiring each such report to include—

(i)the test results communicated to the responsible officer under paragraph 19(7) or otherwise, and

(ii)the views of the treatment provider as to the treatment and testing of the offender.

(3)Paragraphs (b) and (c) of sub-paragraph (2) are subject to paragraph 22(6) (hearing not necessary for review).

(4)In this paragraph, “the responsible court”, in relation to a relevant order imposing a drug rehabilitation requirement, means—

(a)if a court is specified as the responsible court under sub-paragraph (5), that court;

(b)otherwise, the court which made the order.

(5)Where—

(a)a magistrates’ court makes a relevant order imposing a drug rehabilitation requirement, and

(b)the area for which the court acts is not the offender’s home local justice area,

the court may specify in the order a magistrates’ court which acts in the offender’s home local justice area as the responsible court.

(6)For the purposes of sub-paragraph (4)(b), a relevant order imposing a drug rehabilitation requirement which is made on an appeal—

(a)from the Crown Court, or

(b)from the Court of Appeal,

is to be treated as having been made by the Crown Court.

Periodic review of drug rehabilitation requirement

22(1)This paragraph applies in relation to a relevant order which imposes a drug rehabilitation requirement that is subject to review.

(2)At a review hearing the court may, after considering the officer’s report referred to in paragraph 21(2)(d) (“the review officer’s report”), amend the relevant order, so far as it relates to the drug rehabilitation requirement.

(3)The court—

(a)may not amend the drug rehabilitation requirement unless the offender expresses willingness to comply with the requirement as amended, and

(b)except with the consent of the offender, may not amend any requirement or provision of the order while an appeal against the order is pending.

(4)If the offender fails to express willingness to comply with the drug rehabilitation requirement as proposed to be amended by the court, the court may—

(a)revoke the community order, or the suspended sentence order and the suspended sentence to which it relates, and

(b)re-sentence the offender.

(5)In dealing with the offender under sub-paragraph (4)(b), the court—

(a)must take into account the extent to which the offender has complied with the requirements of the order, and

(b)may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restrictions on imposing discretionary custodial sentences).

(6)Where at a review hearing the court—

(a)has considered the review officer’s report, and

(b)is of the opinion that the offender’s progress under the requirement is satisfactory,

the court may amend the order so that it provides for each subsequent review to be made by the court without a hearing.

(7)Where at a review without a hearing the court—

(a)has considered the review officer’s report, and

(b)is of the opinion that the offender’s progress under the requirement is no longer satisfactory,

the court may require the offender to attend a hearing of the court at a specified time and place.

(8)At that hearing the court, after considering that report, may—

(a)exercise the powers conferred by this paragraph as if the hearing were a review hearing, and

(b)amend the order so that it provides for each subsequent review to be made at a review hearing.

(9)In this paragraph—

  • “responsible court” has the same meaning as in paragraph 21;

  • “review hearing” has the meaning given by paragraph 21(2)(b).

(10)In relation to a review without a hearing, a reference in this paragraph to the court is to be read—

(a)in the case of the Crown Court, as a reference to a judge of the court;

(b)in the case of a magistrates’ court, as a reference to a justice of the peace.

(11)If an officer of a provider of probation services is of the opinion that the order should be amended so as to provide for each subsequent review to be made—

(a)without a hearing instead of at a review hearing, or

(b)at a review hearing instead of without a hearing,

the officer must apply under paragraph 18 of Schedule 10 (amendment of requirements of community order) or paragraph 25 of Schedule 16 (amendment of community requirements of suspended sentence order) to the responsible court for the order to be amended.

PART 11Alcohol treatment requirement

Requirement

23(1)In this Code “alcohol treatment requirement”, in relation to a relevant order, means a requirement that during a period specified in the order the offender must submit to alcohol dependency treatment, which may be—

(a)resident treatment,

(b)institution-based treatment, or

(c)practitioner-based treatment.

(2)In this paragraph—

  • “alcohol dependency treatment”, in relation to an offender, means treatment which is—

    (a)

    by or under the direction of a person who has the necessary qualifications or experience (“the treatment director”), and

    (b)

    with a view to reducing or eliminating the offender’s dependency on alcohol;

  • “resident treatment” means treatment as a resident in an institution or place;

  • “institution-based treatment” means treatment as a non-resident at an institution or place;

  • “practitioner-based treatment” means treatment by or under the direction of the treatment director.

(3)Sub-paragraphs (4) and (5) apply to a relevant order which imposes an alcohol treatment requirement.

(4)The order may specify separate periods comprising the period specified under sub-paragraph (1).

(5)For each treatment period, the order must specify—

(a)the treatment director;

(b)whether the alcohol dependency treatment is to be resident treatment, institution-based treatment or practitioner-based treatment;

(c)if it is to be resident treatment, the institution or place where it is to be provided;

(d)if it is to be institution-based treatment—

(i)the institution or place where it is to be provided, and

(ii)the intervals at which it is to be provided;

but must not otherwise specify the nature of the treatment.

(6)In sub-paragraph (5), “treatment period” means—

(a)if the order specifies separate periods under sub-paragraph (4), any of those periods;

(b)otherwise, the period specified under sub-paragraph (1).

Restrictions on imposing alcohol treatment requirement

24(1)A court may not impose an alcohol treatment requirement unless the following conditions are met—

(a)the need for treatment condition,

(b)the arrangements condition, and

(c)the consent condition.

(2)The need for treatment condition is that the court is satisfied—

(a)that the offender is dependent on alcohol, and

(b)that the offender’s dependency—

(i)requires treatment, and

(ii)may be susceptible to treatment.

(3)The arrangements condition is that the court is satisfied that arrangements—

(a)have been made, or

(b)can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to treatment as a resident.

(4)The consent condition is that the offender expresses willingness to comply with the requirement.

PART 12Alcohol abstinence and monitoring requirement

Requirement

25(1)In this Code “alcohol abstinence and monitoring requirement”, in relation to a relevant order, means a requirement that, during a particular period (“the abstinence and monitoring period”), the offender—

(a)must—

(i)abstain from consuming alcohol, or

(ii)not consume alcohol so that at any time during the abstinence and monitoring period there is more than a particular level of alcohol in the offender’s body, and

(b)must submit to monitoring in accordance with particular arrangements for the purpose of ascertaining whether the offender is complying with provision under paragraph (a).

Paragraph (a) is subject to sub-paragraph (3).

(2)A relevant order that includes an alcohol abstinence and monitoring requirement must specify—

(a)the abstinence and monitoring period;

(b)if the order imposes a requirement falling within sub-paragraph (1)(a)(ii), the level of alcohol;

(c)the arrangements for monitoring.

(3)A relevant order that includes an alcohol abstinence and monitoring requirement may specify exceptions from any requirement imposed under sub-paragraph (1)(a); if it does so the requirement has effect subject to those exceptions.

(4)The abstinence and monitoring period must be—

(a)if a minimum period is prescribed under sub-paragraph (7)(a), not less than that minimum period, and

(b)not more than 120 days.

(5)The level of alcohol specified under sub-paragraph (2)(b) must be the level prescribed under sub-paragraph (7)(b).

(6)The arrangements for monitoring specified under sub-paragraph (2)(c) must be consistent with those prescribed by regulations under sub-paragraph (7)(c).

(7)The Secretary of State may by regulations prescribe—

(a)a minimum period as the abstinence and monitoring period;

(b)a level of alcohol for the purposes of sub-paragraph (1)(a)(ii);

(c)arrangements for monitoring for the purposes of sub-paragraph (1)(b).

(8)Regulations under sub-paragraph (7)(b) may prescribe a level—

(a)by reference to the proportion of alcohol in any one or more of an offender’s breath, blood, urine or sweat, or

(b)by some other means.

(9)Regulations under sub-paragraph (7)(c) may in particular prescribe—

(a)arrangement for monitoring by electronic means;

(b)arrangements for monitoring by other means of testing.

(10)Regulations under sub-paragraph (7) are subject to the negative resolution procedure.

(11)In this paragraph and paragraph 26, “alcohol” includes anything containing alcohol.

Restriction on imposing alcohol abstinence and monitoring requirement

26(1)A relevant order may not include both—

(a)an alcohol treatment requirement, and

(b)an alcohol abstinence and monitoring requirement.

(2)A court may not include an alcohol abstinence and monitoring requirement in a relevant order unless the following conditions are met—

(a)the relevance of alcohol condition,

(b)the non-dependency condition, and

(c)the availability of arrangements condition.

(3)The relevance of alcohol condition is that—

(a)the offender’s consumption of alcohol is an element of the offence for which the order is to be imposed or of an associated offence, or

(b)the court is satisfied that the offender’s consumption of alcohol was a factor that contributed to the commission of that offence or to an associated offence.

(4)The non-dependency condition is that the court is satisfied that the offender is not dependent on alcohol.

(5)The availability of arrangements condition is that the court has been notified by the Secretary of State that arrangements for monitoring of the kind to be specified in the relevant order are available in the offender’s home local justice area (and the notice has not been withdrawn).

PART 13Attendance centre requirement

Requirement

27(1)In this Code “attendance centre requirement”, in relation to a relevant order, means a requirement that the offender must attend at an attendance centre for a particular number of hours.

(2)A relevant order which imposes an attendance centre requirement must specify the aggregate number of hours for which the offender may be required to attend at an attendance centre

(3)That number must be—

(a)not less than 12, and

(b)not more than 36.

(4)The attendance centre at which the offender is required to attend is to be notified to the offender by the responsible officer from time to time.

(5)When choosing an attendance centre the responsible officer must consider—

(a)the accessibility of the attendance centre to the offender, having regard to the means of access available to the offender and any other circumstances, and

(b)the description of persons for whom it is available.

(6)The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer.

(7)The subsequent hours are to be fixed by the officer in charge of the centre, having regard to the offender’s circumstances.

(8)The offender may not be required under this paragraph to attend at an attendance centre—

(a)more than once on any day, or

(b)for more than 3 hours at a time.

(9)A requirement under this paragraph to attend at an attendance centre for any period on any occasion operates as a requirement, for that period, to engage in occupation, or receive instruction, whether at the centre or elsewhere—

(a)under the supervision of the officer in charge of the centre, and

(b)in accordance with instructions given by, or under the authority of, that officer.

Restriction on imposing attendance centre requirement

28A court may not impose an attendance centre requirement in a relevant order unless the court—

(a)has been notified by the Secretary of State that an attendance centre is available for persons of the offender’s description (and the notice has not been withdrawn), and

(b)is satisfied that an attendance centre which is available for persons of the offender’s description is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances.

PART 14Electronic monitoring

Electronic compliance monitoring requirement

29(1)In this Code “electronic compliance monitoring requirement”, in relation to a relevant order, means a requirement for securing the electronic monitoring of the offender’s compliance with other requirements imposed by the order during a period (“the monitoring period”)—

(a)specified in the order, or

(b)determined by the responsible officer in accordance with the relevant order.

(2)Sub-paragraph (3) applies where the responsible officer is to determine the monitoring period in accordance with the relevant order.

(3)Before it begins, the responsible officer must notify the following people of when the monitoring period is to begin—

(a)the offender,

(b)the person responsible for the monitoring, and

(c)any person falling within paragraph 33(b).

(4)An electronic compliance monitoring requirement may not be imposed for securing the electronic monitoring of the offender’s compliance with an alcohol abstinence and monitoring requirement.

(5)But that does not prevent an order which imposes an alcohol abstinence and monitoring requirement from including an electronic compliance monitoring requirement for securing the electronic monitoring of the offender’s compliance with any other requirement.

Electronic whereabouts monitoring requirement

30In this Code “electronic whereabouts monitoring requirement”, in relation to a relevant order, means a requirement to submit to electronic monitoring of the offender’s whereabouts (otherwise than for the purpose of monitoring the offender’s compliance with any other requirement included in the order) during a period specified in the order.

Electronic monitoring: person responsible for monitoring

31(1)A relevant order which includes an electronic monitoring requirement must include provision for making a person responsible for the monitoring.

(2)The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.

Electronic monitoring: general

32Where a relevant order imposes an electronic monitoring requirement, the offender must (in particular)—

(a)submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—

(i)being fitted with, or installation of, any necessary apparatus, and

(ii)inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,

(b)not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and

(c)take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.

Restriction on imposing electronic monitoring: general

33Where—

(a)it is proposed to include in a relevant order an electronic monitoring requirement, but

(b)there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

the requirement may not be included in the order without that person’s consent.

Restriction on imposing an electronic compliance monitoring requirement

34(1)A court may not include an electronic compliance monitoring requirement in a relevant order in respect of an offender unless—

(a)the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area (see sub-paragraphs (2) to (4)) (and the notice has not been withdrawn), and

(b)the court is satisfied that the necessary provision can be made under those arrangements.

(2)In the case of a relevant order containing—

(a)a curfew requirement, or

(b)an exclusion requirement,

the relevant area is the area in which the place proposed to be specified in the order is situated.

For this purpose, “place”, in relation to an exclusion requirement, has the same meaning as in paragraph 11.

(3)In the case of a relevant order containing an attendance centre requirement, the relevant area is an area in which there is an attendance centre which is available for persons of the offender’s description and which the court is satisfied is reasonably accessible to the offender.

(4)In the case of any other relevant order, the relevant area is the local justice area proposed to be specified in the order.

Restriction on imposing electronic whereabouts monitoring requirement

35A court may not include an electronic whereabouts monitoring requirement in a relevant order in respect of an offender unless—

(a)the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order (and the notice has not been withdrawn),

(b)the court is satisfied that—

(i)the offender can be fitted with any necessary apparatus under the arrangements currently available, and

(ii)any other necessary provision can be made under those arrangements, and

(c)the court is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored.

Section 218

SCHEDULE 10Breach, revocation or amendment of community order

PART 1Preliminary

Meaning of particular expressions relating to an order

1(1)In this Schedule, in relation to a community order—

  • “appropriate court” means—

    (a)

    if the community order imposes a drug rehabilitation requirement which is subject to review, the court responsible for the order (see paragraph 4);

    (b)

    if the community order is a Crown Court community order, the Crown Court;

    (c)

    in any other case, a magistrates’ court acting in the offender’s home local justice area;

  • “treatment requirement”, in relation to a community order, means—

    (a)

    a mental health treatment requirement of the order,

    (b)

    a drug rehabilitation requirement of the order, or

    (c)

    an alcohol treatment requirement of the order.

(2)In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.

Enforcement officers

2(1)In this Schedule, “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.

(2)An enforcement officer must be an officer of a provider of probation services that is a public sector provider.

(3)In sub-paragraph (2) “public sector provider” means—

(a)a probation trust or other public body, or

(b)the Secretary of State.

Community order subject to magistrates’ court supervision and Crown Court order

3In this Schedule—

  • “community order subject to magistrates’ court supervision” means a community order which—

    (a)

    was made by a magistrates’ court, or

    (b)

    was made by the Crown Court and includes a direction under section 211 (order to be subject to magistrates’ court supervision);

  • “Crown Court community order” means a community order which—

    (a)

    was made by the Crown Court, and

    (b)

    does not include a direction under that section.

Requirements subject to review

4For the purposes of this Schedule—

(a)a drug rehabilitation requirement of a community order is subject to review if it is subject to review in accordance with paragraph 21 of Schedule 9;

(b)a reference to the court responsible for a community order imposing a drug rehabilitation requirement which is subject to review is to the responsible court within the meaning of that paragraph.

Orders made on appeal

5A community order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.

PART 2Breach of requirement of order

Duty to give warning or refer matter to enforcement officer

6(1)This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a requirement of a community order.

(2)If the offender has been given a warning under this paragraph within the previous 12 months in relation to a breach of any requirement of the order, the officer must refer the matter to an enforcement officer.

(3)Otherwise the officer must either—

(a)give the offender a warning under this paragraph, or

(b)refer the matter to an enforcement officer.

(4)A warning under this paragraph must—

(a)describe the circumstances of the breach,

(b)state that the breach is unacceptable, and

(c)inform the offender that if the offender again breaches a requirement of the order within the period of 12 months beginning with the date on which the warning was given, the offender will be liable to be brought before a court.

(5)As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.

Role of enforcement officer

7Where a matter is referred to an enforcement officer under paragraph 6, the enforcement officer must—

(a)consider the case, and

(b)where appropriate, cause an information to be laid in respect of the offender’s breach of requirement—

(i)in the case of a community order subject to magistrates’ court supervision, before a justice of the peace;

(ii)in the case of a Crown Court community order, before the Crown Court.

Issue of summons or warrant by justice of the peace

8(1)This paragraph applies where—

(a)a community order subject to magistrates’ court supervision is in force, and

(b)it appears on information to a justice of the peace that the offender has breached a requirement of the order.

(2)The justice may—

(a)issue a summons requiring the offender to appear at the place and time specified in it, or

(b)if the information is in writing and on oath, issue a warrant for the offender’s arrest.

(3)A summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a)in the case of a community order imposing a drug rehabilitation requirement which is subject to review, if a magistrates’ court is responsible for the order, before that court, or

(b)in any other case, before a magistrates’ court acting in—

(i)the local justice area in which the offender resides, or

(ii)if it is not known where the offender resides, the offender’s home local justice area.

(4)Where—

(a)a summons is issued under this paragraph requiring the offender to appear before a magistrates’ court, and

(b)the offender does not appear in answer to the summons,

the magistrates’ court may issue a warrant for the arrest of the offender.

Issue of summons or warrant by Crown Court

9(1)This paragraph applies where—

(a)a Crown Court community order is in force, and

(b)it appears on information to the Crown Court that the offender has breached a requirement of the order.

(2)The Crown Court may—

(a)issue a summons requiring the offender to appear at the place and time specified in it, or

(b)if the information is in writing and on oath, issue a warrant for the offender’s arrest.

(3)A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.

(4)Where—

(a)a summons is issued under this paragraph, and

(b)the offender does not appear in answer to the summons,

the Crown Court may issue a warrant for the arrest of the offender.

Powers of magistrates’ court

10(1)This paragraph applies where—

(a)an offender appears or is brought before a magistrates’ court under paragraph 8, and

(b)it is proved to the satisfaction of the court that the offender has breached a requirement of the community order without reasonable excuse.

(2)The court must deal with the case under sub-paragraph (5).

(3)But if the community order was made by the Crown Court, the court may instead—

(a)commit the offender to custody, or

(b)release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(4)If the court deals with the offender’s case under sub-paragraph (3), it must send the Crown Court—

(a)a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the community order in the respect specified in the certificate, and

(b)such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(5)Where the court deals with the case under this sub-paragraph, it must deal with the offender in respect of the breach in any one of the following ways—

(a)by ordering the offender to pay a fine not exceeding £2,500;

(b)by amending the terms of the community order so as to impose more onerous requirements which the court could include if it had just convicted the offender of the offence in respect of which the order was made and were then making the order;

(c)if the community order was made by a magistrates’ court, by re-sentencing the offender for the offence in respect of which the order was made.

(6)Where the court deals with the case under sub-paragraph (5), the criminal courts charge duty (see section 46) applies to the court.

(7)In dealing with the offender under sub-paragraph (5), the court must take into account the extent to which the offender has complied with the requirements of the community order.

(8)A fine imposed under sub-paragraph (5)(a) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction.

(9)Where—

(a)the offender has wilfully and persistently breached the requirements of the community order, and

(b)the court is dealing with the offender under sub-paragraph (5)(c),

the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restriction on imposing discretionary custodial sentences).

(10)Where the court deals with the offender under sub-paragraph (5)(c), it must revoke the community order if it is still in force.

(11)A person sentenced under sub-paragraph (5)(c) for an offence may appeal to the Crown Court against—

(a)the sentence, and

(b)a criminal courts charge order made when imposing that sentence.

Powers of Crown Court

11(1)This paragraph applies where—

(a)an offender appears or is brought before the Crown Court under paragraph 9 or by virtue of paragraph 10(3), and

(b)it is proved to the satisfaction of that court that the offender has breached a requirement of the community order without reasonable excuse.

(2)The Crown Court must deal with the offender in respect of the breach in any one of the following ways—

(a)by ordering the offender to pay a fine of an amount not exceeding £2,500;

(b)by amending the terms of the community order so as to impose more onerous requirements which the Crown Court could include if the offender had just been convicted of the offence in respect of which the order was made and it were then making the order;

(c)by re-sentencing the offender for the offence in respect of which the order was made.

(3)Where the court deals with the case under sub-paragraph (2), the criminal courts charge duty (see section 46) applies to the court.

(4)In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the requirements of the community order.

(5)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.

(6)Where—

(a)the offender has wilfully and persistently breached the requirements of the community order, and

(b)the court is dealing with the offender under sub-paragraph (2)(c),

the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restriction on imposing discretionary custodial sentences).

(7)Where the Crown Court deals with the offender under sub-paragraph (2)(c), it must revoke the community order if it is still in force.

(8)In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the community order is to be determined by the court and not by the verdict of a jury.

Treatment requirement: reasonable refusal to undergo treatment

12(1)Sub-paragraph (2) applies where the offender—

(a)is required by a treatment requirement of the community order to submit to treatment, and

(b)has refused to undergo any surgical, electrical or other treatment.

(2)The offender is not to be treated for the purposes of paragraph 10 or 11 as having breached the requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.

Powers in paragraphs 10 and 11 to impose more onerous requirements: further provision

13(1)In dealing with an offender under paragraph 10(5)(b) or 11(2)(b), the court may—

(a)extend the duration of particular requirements, subject to any limit imposed by Schedule 9;

(b)substitute a later date for the end date.

(2)A date substituted under sub-paragraph (1)(b)

(a)must not be more than 6 months after the end date;

(b)subject to that, may be more than 3 years after the date of the order.

(3)Once the power in sub-paragraph (1)(b) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

(4)Where—

(a)a community order does not contain an unpaid work requirement, and

(b)in dealing with the offender under paragraph 10(5)(b) or 11(2)(b), the court imposes an unpaid work requirement,

the number of hours for which the offender may be required to work under the requirement (see paragraph 2(1) of Schedule 9) must not, in aggregate, be less than 20.

(5)Paragraphs 10(5)(b) and 11(2)(b) (power to impose more onerous requirements) have effect subject to any provision that applies to the court in making a community order as if the court were imposing the requirements on making the order.

PART 3Revocation of order with or without re-sentencing

Community order subject to magistrates’ court supervision

14(1)This paragraph applies where a community order subject to magistrates’ court supervision is in force, and

(a)the offender, or

(b)an officer of a provider of probation services,

applies to the appropriate magistrates’ court for the community order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.

(2)In this paragraph “the appropriate magistrates’ court” means—

(a)in the case of a community order imposing a drug rehabilitation requirement which is subject to review, if a magistrates’ court is responsible for the order, that court, and

(b)in any other case, a magistrates’ court acting in the offender’s home local justice area.

(3)No application may be made under this paragraph while an appeal against the community order is pending.

(4)Unless the application was made by the offender, the appropriate magistrates’ court—

(a)must, before exercising its powers under sub-paragraph (5)(b), summon the offender to appear before it, and

(b)if the offender does not appear in answer to the summons, may issue a warrant for the offender’s arrest.

(5)If it appears to the court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the court may—

(a)revoke the community order, or

(b)both—

(i)revoke the community order, and

(ii)re-sentence the offender for the offence in respect of which the order was made.

(6)The circumstances in which a community order may be revoked under sub-paragraph (5) include the offender’s—

(a)making good progress, or

(b)responding satisfactorily to supervision or treatment (as the case requires).

(7)If the court deals with the offender under sub-paragraph (5)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.

(8)A person sentenced under sub-paragraph (5)(b) for an offence may appeal to the Crown Court against the sentence.

Crown Court community order

15(1)This paragraph applies where a Crown Court community order is in force and—

(a)the offender, or

(b)an officer of a provider of probation services,

applies to the Crown Court for the community order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.

(2)No application may be made under this paragraph while an appeal against the community order is pending.

(3)Unless the application was made by the offender, the Crown Court—

(a)must, before exercising its powers under sub-paragraph (4)(b), summon the offender to appear before the court, and

(b)if the offender does not appear in answer to the summons, may issue a warrant for the offender’s arrest.

(4)If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may—

(a)revoke the order, or

(b)both—

(i)revoke the order, and

(ii)re-sentence the offender for the offence in respect of which the order was made.

(5)The circumstances in which a community order may be revoked under sub-paragraph (4) include the offender’s—

(a)making good progress, or

(b)responding satisfactorily to supervision or treatment (as the case requires).

(6)If the Crown Court deals with the offender under sub-paragraph (4)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

PART 4Amendment of order

Amendment because of change of residence

16(1)This paragraph applies where at any time while a community order is in force—

(a)the offender is given permission under section 216 to change residence, and

(b)the local justice area in which the new residence is situated (“the new local justice area”) is different from the offender’s home local justice area.

(2)If the permission is given by a court, the court must amend the order to specify the new local justice area as the offender’s home local justice area.

17(1)This paragraph applies where at any time while a community order is in force—

(a)a court amends the order,

(b)the order as amended includes a residence requirement requiring the offender to reside at a specified place, and

(c)the local justice area in which that place is situated (“the new local justice area”) is different from the offender’s home local justice area.

(2)The court must amend the order to specify the new local justice area as the offender’s home local justice area.

Amendment of requirements of community order

18(1)The appropriate court may, on the application of the offender or an officer of a provider of probation services, amend a community order—

(a)by cancelling any of the requirements of the order, or

(b)by replacing any of those requirements with a requirement of the same kind which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order.

(2)For the purposes of sub-paragraph (1)(b)

(a)requirements are of the same kind if they fall within the same entry in column 1 of the table in section 201, and

(b)an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.

(3)No application may be made under this paragraph while an appeal against the community order is pending, other than an application which—

(a)relates to a treatment requirement, and

(b)is made by an officer of a provider of probation services with the offender’s consent.

(4)Before exercising its powers under this paragraph, the court must summon the offender to appear before it, unless—

(a)the application was made by the offender, or

(b)the court would exercise the powers only to—

(i)cancel a requirement of the community order,

(ii)replace any such requirement with one of a shorter duration, or

(iii)substitute a new place for one specified in the order.

(5)If the offender fails to appear in answer to a summons under sub-paragraph (4) the court may issue a warrant for the offender’s arrest.

(6)Sub-paragraph (1)(b) has effect subject to any provision that applies to the court in making a community order as if the court were imposing the requirements on making the order.

(7)The court may not under this paragraph amend a treatment requirement unless the offender expresses willingness to comply with the requirement as amended.

(8)If the offender fails to express willingness to comply with a treatment requirement as proposed to be amended under this paragraph, the court may—

(a)revoke the community order, and

(b)re-sentence the offender for the offence in respect of which the order was made.

(9)If the court deals with the offender under sub-paragraph (8)(b), it—

(a)must take into account the extent to which the offender has complied with the requirements of the order, and

(b)may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restrictions on imposing discretionary custodial sentences).

Amendment of treatment requirement on report of practitioner

19(1)This paragraph applies where an offender is being treated in pursuance of a treatment requirement and the treatment practitioner—

(a)is of the opinion that—

(i)the treatment of the offender should be continued beyond the period specified in the order,

(ii)the offender needs different treatment,

(iii)the offender is not susceptible to treatment, or

(iv)the offender does not require further treatment, or

(b)is for any reason unwilling to continue to treat or direct the treatment of the offender.

(2)The treatment practitioner must make a report in writing to that effect to the responsible officer.

(3)The responsible officer must cause an application to be made under paragraph 18 to the appropriate court for the replacement or cancellation of the requirement.

(4)In this paragraph, “the treatment practitioner”, in relation to a treatment requirement, means—

(a)the medical practitioner or other person specified in the community order as the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement, or

(b)in the case of a mental health treatment requirement, if no such person is specified, the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement.

Extension of order

20(1)The appropriate court may, on the application of—

(a)the offender, or

(b)an officer of a provider of probation services,

amend a community order by substituting a later date for the end date.

(2)Unless the application was made by the offender, the court—

(a)must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b)if the offender fails to appear in answer to the summons, may issue a warrant for the offender’s arrest.

(3)A date substituted under sub-paragraph (1)

(a)must not be more than 6 months after the end date;

(b)subject to that, may be more than 3 years after the date of the order.

(4)Once the power in sub-paragraph (1) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

(5)No application may be made under this paragraph while an appeal against the community order is pending.

Extension of unpaid work requirement

21(1)This paragraph applies where a community order imposing an unpaid work requirement is in force in respect of an offender.

(2)The appropriate court may, on the application of—

(a)the offender, or

(b)an officer of a provider of probation services,

extend the period of 12 months specified in paragraph 1(1)(b) of Schedule 9, if it appears to the court to be in the interests to do so, having regard to circumstances which have arisen since the order was made.

(3)No application may be made under this paragraph while an appeal against the community order is pending.

(4)Unless the application was made by the offender, the court—

(a)must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b)if the offender fails to appear in answer to the summons, may issue a warrant for the offender’s arrest.

PART 5Conviction of further offence

Powers of magistrates’ court following subsequent conviction

22Paragraphs 23 and 24 apply where—

(a)a community order (“the existing community order”) is in force in respect of an offender, and

(b)the offender is convicted of an offence by a magistrates’ court (“the present court”).

23(1)This paragraph applies if the existing community order was made by a magistrates’ court.

(2)If it appears to the present court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the present court may—

(a)revoke the community order, or

(b)both—

(i)revoke the community order, and

(ii)re-sentence the offender for the offence in respect of which the order was made.

(3)Unless the offender is before it, the present court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4)If the offender fails to appear in answer to a summons under sub-paragraph (3) the present court may issue a warrant for the offender’s arrest.

(5)If the present court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.

(6)A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.

24(1)This paragraph applies if the existing community order was made by the Crown Court.

(2)The present court may—

(a)commit the offender to custody, or

(b)release the offender on bail,

until the offender can be brought before the Crown Court.

(3)Unless the offender is before it, the present court may not deal with the offender under this paragraph unless it has summoned the offender to appear before it.

(4)If the offender fails to appear in answer to a summons under sub-paragraph (3) the present court may issue a warrant for the offender’s arrest.

(5)Where the present court deals with the case under this paragraph, it must send the Crown Court such particulars of the case as may be desirable.

Powers of Crown Court following subsequent conviction

25(1)This paragraph applies where a community order is in force in respect of an offender, and the offender—

(a)is convicted of an offence by the Crown Court, or

(b)is brought or appears before the Crown Court—

(i)by virtue of paragraph 24, or

(ii)having been committed by a magistrates’ court to the Crown Court for sentence.

(2)If it appears to the Crown Court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the community order was made, the Crown Court may—

(a)revoke the order, or

(b)both—

(i)revoke the order, and

(ii)re-sentence the offender for the offence in respect of which the order was made.

(3)Unless the offender is before it, the Crown Court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4)If the offender fails to appear in answer to a summons under sub-paragraph (3) the Crown Court may issue a warrant for the offender’s arrest.

(5)If the Crown Court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.

PART 6Supplementary

Adjournment of hearing

26(1)This paragraph applies to any hearing relating to an offender held by a magistrates’ court in any proceedings under this Schedule.

(2)The court may adjourn the hearing, and, where it does so, may—

(a)direct that the offender be released forthwith, or

(b)remand the offender.

(3)Where the court remands the offender under sub-paragraph (2)

(a)it must fix the time and place at which the hearing is to be resumed, and

(b)that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4)Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a)it may fix the time and place at which the hearing is to be resumed, but

(b)if it does not do so, it must not resume the hearing unless it is satisfied that—

(i)the offender, and

(ii)any officer of a provider of probation services who the court considers has an interest in the proceedings,

have had adequate notice of the time and place for the resumed hearing.

(5)The powers of a magistrates’ court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates’ Courts Act 1980.

(6)This paragraph—

(a)applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates’ Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b)is not to be taken to affect the application of that section to hearings of any other description.

Provision of copies of orders etc

27(1)This paragraph applies on the making of an order by a court under this Schedule revoking or amending a community order.

(2)The court must provide copies of the revoking or amending order to—

(a)the offender, and

(b)the responsible officer.

(3)In the case of an amending order which substitutes a new local justice area as the offender’s home local justice area, the court must also provide a copy of the amending order to—

(a)a provider of probation services that is a public sector provider operating in that area, and

(b)the magistrates’ court acting in that area.

(4)In case of an amending order which imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the amending order as relates to that requirement.

The requirementThe person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offenderThe person intended to be protected
A residence requirement relating to residence in an institutionThe person in charge of the institution
A mental health treatment requirementThe person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirementThe person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirementThe person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirementAny person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
Any person without whose consent the requirement could not be included in the order.

(5)Where the court acts in a local justice area other than the offender’s home local justice area specified in the order prior to the revocation or amendment (the “former home area”), the court must provide a copy of the revoking or amending order to a magistrates’ court acting in the former home area.

(6)Where under sub-paragraph (3) the court provides a copy of an amending order to a magistrates’ court acting in a different area, it must also provide that court with such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

(7)In this paragraph, “public sector provider” means—

(a)a probation trust or other public body, or

(b)the Secretary of State.

Section 219

SCHEDULE 11Transfer of community orders to Scotland or Northern Ireland

PART 1Scotland

Making of community order where offender will reside in Scotland

1(1)This paragraph applies where—

(a)a community order is available to a court dealing with an offender, and

(b)the court is satisfied that the offender—

(i)resides in Scotland, or

(ii)if a community order is made, will reside there when the order comes into force.

(2)The court may make a community order only if—

(a)it appears to the court that suitable arrangements for the offender’s supervision can be made by the local council in Scotland, and

(b)the order will satisfy paragraphs 4 and 5.

Amendment of community order where offender will reside in Scotland

2(1)This paragraph applies where—

(a)a community order is in force,

(b)the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—

(i)resides in Scotland, or

(ii)proposes to reside there, and

(c)it appears to the court that suitable arrangements for the offender’s supervision can be made by the local council in Scotland.

(2)The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—

(a)the order to be complied with in Scotland, and

(b)the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3)But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 and 5.

Requirements: availability and restrictions

3Paragraphs 4 and 5 apply where a court makes or amends a community order in accordance with this Part of this Schedule.

4The order must not impose—

(a)an alcohol abstinence and monitoring requirement,

(b)an attendance centre requirement, or

(c)an electronic whereabouts monitoring requirement.

5(1)The order must not impose a locally based requirement unless it appears to the court that—

(a)arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and

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

(2)For the purposes of this paragraph, “locally based requirement” means any of the following—

(a)an unpaid work requirement;

(b)a rehabilitation activity requirement;

(c)a programme requirement;

(d)a mental health treatment requirement;

(e)a drug rehabilitation requirement;

(f)an alcohol treatment requirement;

(g)an electronic compliance monitoring requirement.

Modifications of requirements etc where court exercises powers by virtue of this Part of this Schedule

6Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—

(a)any reference to the responsible officer were a reference to the local authority officer concerned;

(b)the following provisions were omitted—

(i)paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii)paragraph 31(2) (responsible person to be of prescribed description);

(iii)paragraph 34 (requirement not to be imposed unless Secretary of State has notified arrangements);

(c)in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

  • “in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;.

PART 2Northern Ireland

Making of community order where offender will reside in Northern Ireland

7(1)This paragraph applies where—

(a)a community order is available to a court dealing with an offender, and

(b)the court is satisfied that the offender—

(i)resides in Northern Ireland, or

(ii)if a community order is made, will reside there when the order comes into force.

(2)The court may make a community order only if—

(a)it appears to the court that suitable arrangements for the offender’s supervision can be made by the Probation Board for Northern Ireland, and

(b)paragraphs 10 to 12 will be satisfied in relation to the order.

Amendment of community order where offender will reside in Northern Ireland

8(1)This paragraph applies where—

(a)a community order is in force,

(b)the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—

(i)resides in Northern Ireland, or

(ii)proposes to reside there, and

(c)it appears to the court that suitable arrangements for the offender’s supervision can be made by the Probation Board for Northern Ireland.

(2)The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—

(a)the order to be complied with in Northern Ireland, and

(b)the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3)But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 10 to 12.

Requirements: availability and restrictions

9Paragraphs 10 to 12 apply where a court makes or amends a community order in accordance with this Part of this Schedule.

10The order must not impose an alcohol abstinence and monitoring requirement.

11The order must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(a)any necessary provision can be made in the offender’s case under arrangements that exist for persons resident in Northern Ireland, and

(b)arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored.

12(1)The order must not 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.

(2)For the purposes of this paragraph, “locally based requirement” means any of the following—

(a)an unpaid work requirement;

(b)a rehabilitation activity requirement;

(c)a programme requirement;

(d)a mental health treatment requirement;

(e)a drug rehabilitation requirement;

(f)an alcohol treatment requirement;

(g)an attendance centre requirement;

(h)an electronic compliance monitoring requirement.

Further provision where offender resides or will reside in Northern Ireland

13Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—

(a)any reference to the responsible officer were a reference to the probation officer concerned;

(b)the following provisions were omitted—

(i)paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii)paragraph 31(2) (responsible person to be of prescribed description);

(iii)paragraphs 34 and 35 (electronic requirements not to be imposed unless Secretary of State has notified arrangements etc);

(c)in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

  • “in-patient treatment” means treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));;

(d)in Part 13 of that Schedule (attendance centre requirement), any reference to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

PART 3Making or amendment of order in accordance with Part 1 or 2 of this Schedule

Application

14This Part of this Schedule applies in a case where a court in England and Wales makes or amends a community order in accordance with Part 1 or 2 of this Schedule.

Explanation to be given by court before order is made or amended

15Before making or amending the community order, the court must explain to the offender in ordinary language—

(a)the effect of paragraph 20 (order to be treated as corresponding order),

(b)the requirements of the legislation relating to corresponding orders which has effect in Scotland or Northern Ireland (as the case may be),

(c)the powers of the home court under that legislation, as modified by Part 4 of this Schedule, and

(d)its own powers in relation to the community order (see Part 4 of this Schedule).

Matters to be specified in the order

16(1)The community order must specify—

(a)the locality in Scotland in which the offender resides or will be residing at the relevant time, or

(b)that the offender resides in Northern Ireland or will be residing there at the relevant time.

(2)Sub-paragraph (1) has effect in place of section 210 (offender’s home local justice area to be specified).

(3)The community order must specify an order as the corresponding order for the purposes of this Schedule.

(4)The corresponding order must be an order that may be made—

(a)in the case of a Scottish community order, by a court in Scotland;

(b)in the case of a Northern Ireland community order, by a court in Northern Ireland.

(5)A Scottish community order which specifies as the corresponding order a community payback order within the meaning of section 227A of the Criminal Procedure (Scotland) Act 1995 must also specify the appropriate court for the purposes of sections 227A to 227ZK of that Act.

(6)That court—

(a)must be a court of summary jurisdiction having jurisdiction in the locality specified under sub-paragraph (1)(a), and

(b)must, in the case of an offender convicted on indictment, be the sheriff court.

Provision of copies

17(1)The court which makes or amends the community order must—

(a)forthwith provide the offender with a copy of the order as made or amended, and

(b)provide the home court with—

(i)a copy of the order as made or amended, and

(ii)such other documents and information relating to the case as it considers likely to be of assistance to the home court.

(2)Where the court—

(a)makes a community order which imposes a requirement specified in column 1 of the table in sub-paragraph (3), or

(b)amends a community order so as to impose or amend such a requirement,

it must also forthwith provide the person specified in the corresponding entry in column 2 of the table with a copy of so much of the community order or amending order as relates to that requirement.

(3)The table is—

The requirementThe person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offenderThe person intended to be protected
A residence requirement relating to residence in an institutionThe person in charge of the institution
A mental health treatment requirementThe person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirementThe person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirementThe person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirementAny person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
Any person without whose consent the requirement could not be included in the order.

(4)This paragraph has effect in place of section 212 (provision of copies of relevant orders).

PART 4Effect of order made or amended in accordance with Part 1 or 2 of this Schedule

Application

18This Part of this Schedule applies where a community order has effect as made or amended in accordance with Part 1 or 2 of this Schedule.

Duty to keep in touch with responsible officer

19(1)The offender must keep in touch—

(a)with the local authority officer concerned, in the case of a Scottish community order, or

(b)with the probation officer concerned, in the case of a Northern Ireland community order,

in accordance with such instructions as the officer may give the offender from time to time.

(2)That obligation is enforceable as if it were a requirement imposed by the community order.

(3)This paragraph has effect in place of section 215.

Order to be treated as corresponding order in certain circumstances

20(1)The community order is to be treated as if it were a corresponding order.

(2)The relevant home legislation applies accordingly.

(3)In this Schedule, “relevant home legislation”—

(a)in relation to a Scottish community order, means the legislation relating to corresponding orders that has effect in Scotland;

(b)in relation to a Northern Ireland community order, means the legislation relating to corresponding orders that has effect in Northern Ireland.

(4)This paragraph is subject to the following provisions of this Part of this Schedule.

Exercise by home court of powers relating to corresponding orders

21(1)The home court may exercise any relevant local power in relation to the community order, subject to the following restrictions.

(2)A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the relevant home legislation.

(3)The home court may not discharge or revoke the order.

(4)But that does not prevent the home court from exercising a power to revoke the order where—

(a)the offender has been convicted of a further offence, and

(b)the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose).

(5)The home court may not deal with the offender for the offence in respect of which the community order was made.

(6)If the order imposes an unpaid work requirement, the home court may not vary the order so as to specify a greater number of hours in relation to the requirement than the court which made the order could specify, applying the relevant assumptions.

(7)If the order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 9 of Schedule 9) that the court which made the order could not specify, applying the relevant assumptions.

(8)For the purposes of sub-paragraphs (6) and (7), the relevant assumptions are that—

(a)the court which made the order is now making the community order, and

(b)the offender has just been convicted by or before it of the offence in respect of which the community order was made.

Power of home court to require offender to appear before court in England and Wales

22(1)Where the home court is of the opinion that—

(a)the offender has breached any of the requirements of the order, or

(b)it would be in the interests of justice for a power conferred by Part 3 of Schedule 10 (revocation of order with or without re-sentencing) to be exercised,

the home court may require the offender to appear before the court which made the order or which last amended the order in England and Wales.

(2)The court may form an opinion within sub-paragraph (1)(a) for the purposes of this paragraph only—

(a)on information from the local authority officer concerned, if the home court is in Scotland, or

(b)upon a complaint being made to a lay magistrate, if the home court is in Northern Ireland.

(3)The court may form an opinion within sub-paragraph (1)(b) for the purposes of this paragraph only on the application—

(a)of the offender, or

(b)of—

(i)the local authority officer concerned, if the home court is in Scotland;

(ii)the probation officer concerned, if the home court is in Northern Ireland.

Home court to certify breach of requirement

23(1)Where the home court requires the offender to appear before a court in England and Wales by virtue of paragraph 22(1)(a) (breach of a requirement of the order), the home court must send the court in England and Wales—

(a)a certificate certifying that the offender has breached a requirement of the community order specified in the certificate, and

(b)such other particulars of the case as may be desirable.

(2)A certificate under sub-paragraph (1)(a) purporting to be signed by the clerk of the home court is admissible as evidence of the breach before the court in England and Wales.

Powers of court in England and Wales where offender required to appear under paragraph 22

24(1)This paragraph applies where under paragraph 22 the home court requires the offender to appear before a court in England and Wales.

(2)The court in England and Wales may issue a warrant for the offender’s arrest.

(3)The court in England and Wales may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales.

This is subject to paragraphs 25 and 26.

(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—

(a)the local authority officer concerned, in the case of a Scottish community order;

(b)the probation officer concerned, in the case of a Northern Ireland community order.

25(1)This paragraph applies where—

(a)a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and

(b)the offender resides in Scotland.

(2)The court may not amend the community 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 the local council in Scotland.

(3)The court may not impose—

(a)an alcohol abstinence and monitoring requirement,

(b)an attendance centre requirement, or

(c)an electronic whereabouts monitoring requirement;

(4)The court may not amend the community 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 the locality in Scotland in which the offender resides, or will be residing at the relevant time, 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 following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule—

(a)paragraph 6;

(b)paragraphs 14 to 23.

26(1)This paragraph applies where—

(a)a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and

(b)the offender resides in Northern Ireland.

(2)The court may not amend the community 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 the Probation Board for Northern Ireland.

(3)The court may not impose an alcohol abstinence and monitoring requirement.

(4)The court may not amend the community order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(a)any necessary provision can be made in the offender’s case under arrangements that exist for persons resident in Northern Ireland, and

(b)arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored.

(5)The court may not amend the community 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 12.

(6)The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 2 of this Schedule—

(a)paragraph 13;

(b)paragraphs 14 to 23.

PART 5Interpretation

27In this Schedule—

  • “breach”, in relation to a requirement, means a failure to comply with it, and related expressions are to be read accordingly;

  • “corresponding order”, in relation to a community order, means the order specified under paragraph 16(3);

  • “home court” means—

    (a)

    if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, and

    (b)

    if the offender resides in Northern Ireland, or will be residing there at the relevant time, a court of summary jurisdiction;

  • “the local authority officer concerned”, in relation to an offender, means the officer of a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 responsible for—

    (a)

    the offender’s supervision, and

    (b)

    discharging in relation to the offender the functions of the responsible officer under sections 227A to 227ZK of the Criminal Procedure (Scotland) Act 1995;

  • “the local council in Scotland” means the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area the offender resides or will be residing at the relevant time;

  • “Northern Ireland community order” means a community order made or amended in accordance with Part 2 of this Schedule;

  • “the probation officer concerned”, in relation to an offender, means the probation officer responsible for—

    (a)

    the offender’s supervision, or

    (b)

    as the case may be, discharging in relation to the offender the functions conferred by Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));

  • “relevant home legislation” has the meaning given by paragraph 20(3);

  • “the relevant time”, in relation to the making or amendment of an order in accordance with Part 1, 2 or 4 of this Schedule, means the time when the order or the amendment to it comes into force;

  • “Scottish community order” means a community order made or amended in accordance with Part 1 of this Schedule.

Section 243

SCHEDULE 12Detention and training order: breach of supervision requirements and further offences

Interpretation

1In this Schedule—

  • “breach”, in relation to a supervision requirement, means a failure to comply with it, and related expressions are to be read accordingly;

  • “supervision requirement” means a requirement with which an offender must comply under—

    (a)

    section 242(4)(b), or

    (b)

    paragraph 4(4)(b);

  • “further detention order” means an order under paragraph 3(2)(a);

  • “further supervision order” means an order under paragraph 3(2)(b).

Breach of supervision requirement: issue of summons or warrant by justice of the peace

2(1)Sub-paragraph (2) applies where—

(a)a detention and training order, or a further supervision order, is in force in respect of an offender, and

(b)it appears on information to a justice of the peace that the offender has breached any of the supervision requirements imposed under the order.

(2)The justice—

(a)may issue a summons requiring the offender to appear at the place and time specified in the summons, or

(b)if the information is in writing and on oath, may issue a warrant for the offender’s arrest.

(3)Any summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a)before a youth court acting for the local justice area in which the offender resides, or

(b)if it is not known where the offender resides, before a youth court acting for same local justice area as the justice who issued the summons or warrant.

Power of youth court to deal with offender for breach of supervision requirement

3(1)Sub-paragraph (2) applies if it is proved to the satisfaction of the youth court before which an offender appears or is brought under paragraph 2 that the offender has breached a supervision requirement imposed under a relevant order.

(2)The court may—

(a)order the offender to be detained for such period, not exceeding the maximum period found under sub-paragraph (3), as the court may specify,

(b)order the offender to be subject to such period of supervision, not exceeding the maximum period found under sub-paragraph (3), as the court may specify, or

(c)impose on the offender a fine not exceeding level 3 on the standard scale.

(3)The maximum period referred to in sub-paragraph (2)(a) and (b) is the shorter of—

(a)3 months, and

(b)the period between—

(i)the date of the offender’s breach, and

(ii)the last day of the term of the relevant order.

(4)For the purposes of sub-paragraph (3), a breach that is found to have occurred—

(a)over 2 or more days, or

(b)at some time during a period of 2 or more days,

is to be taken to have occurred on the first of those days.

(5)A court may make an order under sub-paragraph (2) before or after the end of the term of the relevant order.

(6)A period of detention or supervision ordered under sub-paragraph (2)

(a)begins with the day on which the order is made, and

(b)may overlap to any extent with the period of supervision under the relevant order.

This is subject to paragraph 5(1) (further detention order made where offender detained under other detention and training order).

(7)An offender detained under a further detention order is deemed to be in legal custody.

(8)Detention under a further detention order is—

(a)if the offender has reached the age of 21, to be in prison,

(b)otherwise, to be in such youth detention accommodation as the Secretary of State may determine.

(9)Where—

(a)the offender is aged under 18, and

(b)but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(c),

section 380 (order for payment by parent or guardian) applies to the fine.

(10)A fine imposed under sub-paragraph (2)(c) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(11)An offender may appeal to the Crown Court against any order made under sub-paragraph (2).

(12)In this paragraph—

(a)“relevant order” means—

(i)a detention and training order, or

(ii)a further supervision order;

(b)any reference to the term of a relevant order is—

(i)in the case of a detention and training order, to the term of the order, and

(ii)in the case of a further supervision order, to the period of supervision imposed by the order.

Supervision where order made under paragraph 3(2)(b)

4(1)This paragraph applies where an offender is subject to a period of supervision by virtue of a further supervision order.

(2)During that period of supervision, the offender—

(a)is to be under the supervision of—

(i)an officer of a provider of probation services, or

(ii)a member of a youth offending team, and

(b)may be required to comply with particular requirements.

(3)Any such requirements, and the category of person to supervise the offender, are to be determined from time to time by the Secretary of State.

(4)The offender must be notified by the Secretary of State of—

(a)the category of person responsible for the offender’s supervision, and

(b)any requirements with which the offender must comply.

(5)A notice under sub-paragraph (4) must be given to the offender—

(a)as soon as reasonably practicable after the further supervision order is made, and

(b)before any change in the matters mentioned in that sub-paragraph.

(6)Where the supervision is to be provided by an officer of a provider of probation services, that officer must be an officer acting in the local justice area within which the offender resides for the time being.

(7)Where the supervision is to be provided by a member of a youth offending team, the member must be a member of a youth offending team established by the local authority in whose area the offender resides for the time being.

Interaction of further detention order with other detention and training orders

5(1)Where—

(a)a court makes a further detention order for a failure to comply with a supervision requirement under a detention and training order, and

(b)the offender—

(i)is also subject to a different detention and training order which is a relevant detention and training order (see section 248(3)), and

(ii)has not at any time been released for supervision under that other order,

the court may order that the further detention order is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order mentioned in paragraph (b).

(2)Subject to sub-paragraph (3), where at any time an offender is subject concurrently to—

(a)a relevant detention and training order (see section 248(3)), and

(b)a further detention order,

the offender is to be treated for the purposes of sections 241 to 243 and this Schedule as if subject only to the detention and training order.

(3)Nothing in sub-paragraph (2) requires the offender to be released in respect of either the relevant detention and training order or the further detention order unless and until the offender is required to be released in respect of each of them.

Interaction of further detention order with other custodial sentences

6(1)The Secretary of State may by regulations make provision about the interaction between a further detention order and a custodial sentence where—

(a)an offender who is subject to a further detention order becomes subject to a custodial sentence, or

(b)an offender who is subject to a custodial sentence becomes subject to a further detention order.

(2)The provision that may be made by regulations under this paragraph includes—

(a)provision as to the time at which the further detention order or the custodial sentence is to take effect;

(b)provision for the offender to be treated, for the purposes of the enactments specified in the regulations, as subject only to the further detention order or the custodial sentence;

(c)provision about the effect of enactments relating to the person’s release from detention or imprisonment in a case where that release is not to take effect immediately by virtue of provision in the regulations.

(3)In this paragraph—

  • “custodial sentence” includes—

    (a)

    a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act), and

    (b)

    a pre-Code custodial sentence (see section 222(4));

  • “further detention order” includes an order made under section 104(3)(a) of the Powers of Criminal Courts (Sentencing) Act 2000.

(4)Regulations under this paragraph are subject to the negative resolution procedure.

Offence after release for supervision or during further supervision period

7(1)This paragraph applies where an offender commits an imprisonable offence (“the new offence”)—

(a)after having been released for supervision under a detention and training order but before the date on which the term of the order ends, or

(b)during a period of supervision under a further supervision order.

(2)The court which deals with the offender for the new offence may order the offender to be detained for all or part of the period mentioned in sub-paragraph (3).

(3)That period is the period which—

(a)begins with the date of the order under sub-paragraph (2), and

(b)is equal in length to the period between—

(i)the date on which the new offence was committed, and

(ii)the date on which the term of the detention and training order, or the period of supervision, mentioned in sub-paragraph (1) ends.

(4)A court may make an order under sub-paragraph (2) whether or not it passes any other sentence on the offender.

(5)Detention under sub-paragraph (2) is to be in such youth detention accommodation as the Secretary of State may determine.

(6)The period for which an offender is ordered under sub-paragraph (2) to be detained—

(a)must, as the court may direct—

(i)be served before and be followed by, or

(ii)be served concurrently with,

any sentence imposed for the new offence, and

(b)in either case, is to be disregarded in determining the appropriate length of that sentence.

(7)Where the new offence is found to have been committed—

(a)over a period of 2 or more days, or

(b)at some time during a period of 2 or more days,

it is be taken for the purposes of this paragraph to have been committed on the last of those days.

(8)A person detained under an order under sub-paragraph (2) is deemed to be in legal custody.

Sections 265 and 278

SCHEDULE 13Special sentence for offenders of particular concern: offences

Terrorism offences

1An offence under any of the following provisions of the Offences against the Person Act 1861 which is an offence that has a terrorist connection—

(a)section 4 (soliciting murder);

(b)section 28 (causing bodily injury by explosives);

(c)section 29 (using explosives etc with intent to do grievous bodily harm).

2An offence under any of the following provisions of the Explosive Substances Act 1883 which is an offence that has a terrorist connection—

(a)section 2 (causing explosion likely to endanger life or property);

(b)section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(c)section 4 of that Act (making or possession of explosive under suspicious circumstances).

3An offence under any of the following provisions of the Terrorism Act 2000—

(a)section 11 (membership of a proscribed organisation);

(b)section 12 (inviting support for a proscribed organisation);

(c)section 54 (weapons training);

(d)section 56 (directing terrorist organisation);

(e)section 57 (possession of article for terrorist purposes);

(f)section 58 (collection of information likely to be of use to a terrorist);

(g)section 58A (publishing information about members of the armed forces etc);

(h)section 58B (entering or remaining in a designated area);

(i)section 59 (inciting terrorism overseas).

4An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a)section 47 (use etc of nuclear weapons);

(b)section 50 (assisting or inducing certain weapons-related acts overseas);

(c)section 113 (use of noxious substance or thing to cause harm or intimidate).

5An offence under any of the following provisions of the Terrorism Act 2006—

(a)section 1 (encouragement of terrorism);

(b)section 2 (dissemination of terrorist publications);

(c)section 5 (preparation of terrorist acts);

(d)section 6 (training for terrorism);

(e)section 8 (attendance at a place used for terrorist training);

(f)section 9 of that Act (making or possession of radioactive device or material);

(g)section 10 of that Act (use of radioactive device or material for terrorist purposes etc);

(h)section 11 of that Act (terrorist threats relating to radioactive devices etc).

Sexual offences

6An offence under either of the following provisions of the Sexual Offences Act 2003—

(a)section 5 (rape of a child under 13);

(b)section 6 (assault of a child under 13 by penetration).

Inchoate offences

7An inchoate offence in relation to an offence specified in any of the preceding paragraphs of this Schedule.

8An inchoate offence in relation to murder where the offence has a terrorist connection.

Abolished offences

9An offence that—

(a)was abolished before 13 April 2015, and

(b)if committed on the day on which the offender is convicted of the offence, would have constituted an offence specified in any of the preceding paragraphs of this Schedule.

Meaning of “terrorist connection”

10For the purposes of this Schedule, an offence has a terrorist connection if a court has determined under section 69 that the offence has such a connection.

Sections 267 and 280

SCHEDULE 14Extended sentences: the earlier offence condition: offences

PART 1Offences under the law of England and Wales

The following offences to the extent that they are offences under the law of England and Wales—

Manslaughter

1Manslaughter.

Offences against the Person Act 1861

2An offence under any of the following sections of the Offences against the Person Act 1861—

(a)section 4 (soliciting murder);

(b)section 18 (wounding with intent to cause grievous bodily harm);

(c)section 28 (causing bodily injury by explosives);

(d)section 29 (using explosives etc with intent to do grievous bodily harm).

Explosive Substances Act 1883

3An offence under any of the following provisions of the Explosive Substances Act 1883—

(a)section 2 (causing explosion likely to endanger life or property);

(b)section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(c)section 4 (making or possession of explosive under suspicious circumstances).

Firearms Act 1968

4An offence under any of the following provisions of the Firearms Act 1968—

(a)section 16 (possession of a firearm with intent to endanger life);

(b)section 17(1) (use of a firearm to resist arrest);

(c)section 18 (carrying a firearm with criminal intent).

Theft Act 1968

5An offence of robbery under section 8 of the Theft Act 1968 where, at some time during the commission of the offence, the offender had in his or her possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968.

Protection of Children Act 1978

6An offence under section 1 of the Protection of Children Act 1978 (indecent images of children).

Terrorism Act 2000

7An offence under any of the following provisions of the Terrorism Act 2000—

(a)section 54 (weapons training);

(b)section 56 (directing terrorist organisation);

(c)section 57 (possession of article for terrorist purposes);

(d)section 59 (inciting terrorism overseas) if the offender is liable on conviction on indictment to imprisonment for life.

Anti-terrorism Crime and Security Act 2001

8An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a)section 47 (use etc of nuclear weapons);

(b)section 50 (assisting or inducing certain weapons-related acts overseas);

(c)section 113 (use of noxious substance or thing to cause harm or intimidate).

Sexual Offences Act 2003

9An offence under any of the provisions of the Sexual Offences Act 2003 listed in column 1 of the following table that meets the condition (if any) listed in relation to it in column 2—

Provision of the Sexual Offences Act 2003Condition
(a) Section 1 (rape)
(b) Section 2 (assault by penetration)
(c) Section 4 (causing a person to engage in sexual activity without consent)The offender is liable on conviction on indictment to imprisonment for life
(d) Section 5 (rape of a child under 13)
(e) Section 6 (assault of a child under 13 by penetration)
(f) Section 7 (sexual assault of a child under 13)
(g) Section 8 (causing or inciting a child under 13 to engage in sexual activity)
(h) Section 9 (sexual activity with a child)
(i) Section 10 (causing or inciting a child to engage in sexual activity)
(j) Section 11 (engaging in sexual activity in the presence of a child)
(k) Section 12 (causing a child to watch a sexual act)
(l) Section 14 (arranging or facilitating commission of a child sex offence)
(m) Section 15 (meeting a child following sexual grooming etc)
(n) Section 25 (sexual activity with a child family member)The offender is aged 18 or over at the time of the offence
(o) Section 26 (inciting a child family member to engage in sexual activity)The offender is aged 18 or over at the time of the offence
(p) Section 30 (sexual activity with a person with a mental disorder impeding choice)The offender is liable on conviction on indictment to imprisonment for life
(q) Section 31 (causing or inciting a person with a mental disorder to engage in sexual activity)The offender is liable on conviction on indictment to imprisonment for life
(r) Section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder)The offender is liable on conviction on indictment to imprisonment for life
(s) Section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc)The offender is liable on conviction on indictment to imprisonment for life
(t) Section 47 (paying for sexual services of a child)The offence is against a person aged under 16
(u) Section 48 (causing or inciting sexual exploitation of a child)
(v) Section 49 (controlling a child in relation to sexual exploitation)
(w) Section 50 (arranging or facilitating sexual exploitation of a child)
(x) Section 62 (committing an offence with intent to commit a sexual offence)The offender is liable on conviction on indictment to imprisonment for life.

Domestic Violence, Crime and Victims Act 2004

10An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).

Terrorism Act 2006

11An offence under any of the following provisions of the Terrorism Act 2006—

(a)section 5 (preparation of terrorist acts);

(b)section 6 (training for terrorism);

(c)section 9 (making or possession of radioactive device or materials);

(d)section 10 (misuse of radioactive devices or material and misuse and damage of facilities);

(e)section 11 (terrorist threats relating to radioactive devices, materials or facilities).

Modern Slavery Act 2015

12An offence under either of the following provisions of the Modern Slavery Act 2015—

(a)section 1 (slavery, servitude and forced or compulsory labour);

(b)section 2 (human trafficking).

Murder

13Murder.

Inchoate offences

14An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Abolished offences

15Any offence that—

(a)was abolished (with or without savings) before 3 December 2012, and

(b)would, if committed on the day on which the offender is convicted of the offence referred to in section 267(1)(a) or 280(1)(a) (as appropriate), have constituted an offence specified in any of the preceding paragraphs in this Part of this Schedule.

PART 2Offences under service law

16An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 of this Schedule.

17(1)An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 of this Schedule.

(2)Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph.

PART 3Offences under the law of Scotland, Northern Ireland or a member State other than the United Kingdom

18A civilian offence for which the person was convicted in Scotland, Northern Ireland or a member State other than the United Kingdom and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

19A member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

20In this Part of this Schedule—

  • “civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member State service offence;

  • “member State service offence” means an offence which was the subject of proceedings under the law of a member State, other than the United Kingdom, governing all or any of the naval, military or air forces of that State.

PART 4Interpretation

21In this Schedule “imprisonment for life” includes custody for life and detention for life.

Sections 273 and 283

SCHEDULE 15Life sentence for second offence: listed offences

PART 1Offences under the law of England and Wales

The following offences to the extent that they are offences under the law of England and Wales—

OffenceSpecified date
Manslaughter
1Manslaughter3 December 2012
Offences against the Person Act 1861
2An offence under any of the following provisions of the Offences against the Person Act 1861—
(a) section 4 (soliciting murder)3 December 2012
(b) section 18 (wounding with intent to cause grievous bodily harm)3 December 2012
(c) section 28 (causing bodily injury by explosives)13 April 2015
(d) section 29 (using explosives etc with intent to do grievous bodily harm)13 April 2015
Explosive Substances Act 1883
3An offence under any of the following provisions of the Explosive Substances Act 1883—
(a) section 2 (causing explosion likely to endanger life or property)13 April 2015
(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property)13 April 2015
(c) section 4 (making or possession of explosive under suspicious circumstances)13 April 2015
Firearms Act 1968
4An offence under any of the following provisions of the Firearms Act 1968—
(a) section 16 (possession of a firearm with intent to endanger life)3 December 2012
(b) section 17(1) (use of a firearm to resist arrest)3 December 2012
(c) section 18 (carrying a firearm with criminal intent)3 December 2012
Theft Act 1968
5An offence of robbery under section 8 of the Theft Act 1968 (robbery) where, at some time during the commission of the offence, the offender had in his or her possession a firearm or an imitation firearm within the meaning of the Firearms Act 19683 December 2012
Protection of Children Act 1978
6An offence under section 1 of the Protection of Children Act 1978 (indecent images of children)3 December 2012
Terrorism Act 2000
7An offence under any of the following provisions of the Terrorism Act 2000—
(a) section 54 (weapons training)13 April 2015
(b) section 56 (directing terrorist organisation)3 December 2012
(c) section 57 (possession of article for terrorist purposes)3 December 2012
(d) section 59 (inciting terrorism overseas) if the offender is liable on conviction on indictment to imprisonment for life3 December 2012
Anti-terrorism, Crime and Security Act 2001
8An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—
(a) section 47 (use etc of nuclear weapons)3 December 2012
(b) section 50 (assisting or inducing certain weapons-related acts overseas)3 December 2012
(c) section 113 (use of noxious substance or thing to cause harm or intimidate)3 December 2012
Sexual Offences Act 2003
9An offence under any of the following provisions of the Sexual Offences Act 2003—
(a) section 1 (rape)3 December 2012
(b) section 2 (assault by penetration)3 December 2012
(c) section 4 (causing a person to engage in sexual activity without consent) if the offender is liable on conviction on indictment to imprisonment for life3 December 2012
(d) section 5 (rape of a child under 13)3 December 2012
(e) section 6 (assault of a child under 13 by penetration)3 December 2012
(f) section 7 (sexual assault of a child under 13)3 December 2012
(g) section 8 (causing or inciting a child under 13 to engage in sexual activity)3 December 2012
(h) section 9 (sexual activity with a child)3 December 2012
(i) section 10 (causing or inciting a child to engage in sexual activity)3 December 2012
(j) section 11 (engaging in sexual activity in the presence of a child)3 December 2012
(k) section 12 (causing a child to watch a sexual act)3 December 2012
(l) section 14 (arranging or facilitating commission of a child sex offence)3 December 2012
(m) section 15 (meeting a child following sexual grooming etc)3 December 2012
(n) section 25 (sexual activity with a child family member) if the offender is aged 18 or over at the time of the offence3 December 2012
(o) section 26 (inciting a child family member to engage in sexual activity) if the offender is aged 18 or over at the time of the offence3 December 2012
(p) section 30 (sexual activity with a person with a mental disorder impeding choice) if the offender is liable on conviction on indictment to imprisonment for life3 December 2012
(q) section 31 (causing or inciting a person with a mental disorder to engage in sexual activity) if the offender is liable on conviction on indictment to imprisonment for life3 December 2012
(r) section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder) if the offender is liable on conviction on indictment to imprisonment for life3 December 2012
(s) section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc) if the offender is liable on conviction on indictment to imprisonment for life3 December 2012
(t) section 47 (paying for sexual services of a child) if the offence is against a person aged under 163 December 2012
(u) section 48 (causing or inciting sexual exploitation of a child)3 December 2012
(v) section 49 (controlling a child in relation to sexual exploitation)3 December 2012
(w) section 50 (arranging or facilitating sexual exploitation of a child)3 December 2012
(x) section 62 (committing an offence with intent to commit a sexual offence) if the offender is liable on conviction on indictment to imprisonment for life3 December 2012
Domestic Violence, Crime and Victims Act 2004
10An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult)3 December 2012
Terrorism Act 2006
11An offence under any of the following provisions of the Terrorism Act 2006—
(a) section 5 of the Terrorism Act 2006 (preparation of terrorist acts)3 December 2012
(b) section 6 (training for terrorism)13 April 2015
(c) section 9 (making or possession of radioactive device or materials)3 December 2012
(d) section 10 (misuse of radioactive devices or material and misuse and damage of facilities)3 December 2012
(e) section 11 (terrorist threats relating to radioactive devices, materials or facilities)3 December 2012
Modern Slavery Act 2015
12An offence under either of the following provisions of the Modern Slavery Act 2015—
(a) section 1 (slavery, servitude and forced or compulsory labour)31 July 2015
(b) section 2 of that Act (human trafficking)31 July 2015
Inchoate offences
14An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule (a “relevant offence”)The date specified for the relevant offence
15An inchoate offence in relation to murder3 December 2012

PART 2Further offences under the law of England and Wales

The following offences to the extent that they are offences under the law of England and Wales—

16Murder.

17Any offence that—

(a)was abolished (with or without savings) before 3 December 2012, and

(b)would, if committed when the index offence was committed, have constituted an offence specified in Part 1 of this Schedule.

PART 3Offences under service law

18An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 or 2 of this Schedule.

19(1)An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 or 2 of this Schedule.

(2)Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph.

PART 4Offences under the law of Scotland, Northern Ireland or a member State other than the United Kingdom

20A civilian offence for which the person was convicted in Scotland, Northern Ireland or a member State other than the United Kingdom and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.

This is subject to paragraph 23.

21A member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.

This is subject to paragraph 23.

22In this Part of this Schedule—

  • “civilian offence” means an offence other than an offence described in Part 3 of this Schedule or a member State service offence;

  • “member State service offence” means an offence which was the subject of proceedings under the law of a member State, other than the United Kingdom, governing all or any of the naval, military or air forces of that State.

23(1)Where the index offence was committed before 13 April 2015, this Part of this Schedule has effect—

(a)as if, in paragraph 20, the reference to a civilian offence were to an offence, and

(b)with the omission of paragraphs 21 and 22.

(2)For the purposes of sub-paragraph (1), where an offence is found to have been committed—

(a)over a period of 2 or more days, or

(b)at some time during a period of 2 or more days,

it is to be taken to have been committed on the last of those days.

PART 5Interpretation

24(1)In this Schedule—

  • “imprisonment for life” includes custody for life and detention for life;

  • “index offence” has the same meaning as in section 273 or 283 (as appropriate).

(2)The references in Part 1 of this Schedule to offences under sections 48, 49 and 50 of the Sexual Offences Act 2003 include references to offences under those sections as they had effect before the amendments made by section 68 of the Serious Crime Act 2015 (child sexual exploitation) came into force.

Section 303

SCHEDULE 16Breach or amendment of suspended sentence order, and effect of further conviction

PART 1Preliminary

Interpretation: general

1(1)In this Schedule, in relation to a suspended sentence order—

  • “activation order” has the meaning given by paragraph 14(1);

  • “the appropriate court” means—

    (a)

    in the case of a suspended sentence order which is subject to review, the court responsible for the order,

    (b)

    in the case of a Crown Court order, the Crown Court, and

    (c)

    in any other case, a magistrates’ court acting in the local justice area for the time being specified in the order.

(2)In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.

Enforcement officers

2(1)In this Schedule “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.

(2)An enforcement officer must be an officer of a provider of probation services that is a public sector provider.

(3)For this purpose, “public sector provider” means—

(a)a probation trust or other public body, or

(b)the Secretary of State.

“Order subject to magistrates’ court supervision” and “Crown Court order”

3In this Schedule—

  • “order subject to magistrates’ court supervision” means a suspended sentence order that imposes any community requirement which—

    (a)

    was made by a magistrates’ court, or

    (b)

    was made by the Crown Court and includes a direction that any breach of a community requirement of the order is to be dealt with by a magistrates’ court;

  • “Crown Court order” means a suspended sentence order that imposes any community requirement which—

    (a)

    was made by the Crown Court, and

    (b)

    does not include a direction that any breach of a community requirement of the order is to be dealt with by a magistrates’ court.

Orders and community requirements which are subject to review

4(1)For the purposes of this Schedule, a suspended sentence order is subject to review if—

(a)the order is subject to review in accordance with section 293(1), or

(b)the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.

(2)In this Schedule, a reference to the court responsible for a suspended sentence order which is subject to review is to the responsible court within the meaning given—

(a)in section 293(4), or

(b)in paragraph 21(4) of Schedule 9,

(as the case may be).

Orders made on appeal

5A suspended sentence order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.

PART 2Breach of community requirement or conviction of further offence

Breach of community requirement: duty to give warning or refer to enforcement officer

6(1)This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a community requirement of a suspended sentence order.

(2)If the offender has been given a warning under this paragraph within the previous 12 months in relation to a breach of any community requirement of the order, the officer must refer the matter to an enforcement officer.

(3)Otherwise the officer must either—

(a)give the offender a warning under this paragraph, or

(b)refer the matter to an enforcement officer.

(4)A warning under this paragraph must—

(a)describe the circumstances of the breach,

(b)state that the breach is unacceptable, and

(c)inform the offender that if the offender again breaches a requirement of the order within the next 12 months, the offender will be liable to be brought before a court.

(5)As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.

Role of enforcement officer

7Where a matter is referred to an enforcement officer under paragraph 6, the enforcement officer must—

(a)consider the case, and

(b)where appropriate, cause an information to be laid in respect of the offender’s breach of the requirement—

(i)in the case of an order subject to magistrates’ court supervision, before a justice of the peace;

(ii)in the case of a Crown Court order, before the Crown Court.

Order subject to magistrates’ court supervision: issue of summons or warrant by justice

8(1)This paragraph applies where, during the supervision period of an order subject to magistrates’ court supervision, it appears on information to a justice of the peace that the offender has breached any community requirement of the order.

(2)The justice may—

(a)issue a summons requiring the offender to appear at the place and time specified in it, or

(b)if the information is in writing and on oath, issue a warrant for the offender’s arrest.

(3)A summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a)in the case of a suspended sentence order which is subject to review, before the court responsible for the order;

(b)in any other case, before a magistrates’ court acting in—

(i)the local justice area in which the offender resides, or

(ii)if it is not known where the offender resides, in the offender’s home local justice area.

(4)Where—

(a)a summons issued under this paragraph requires the offender to appear before a magistrates’ court, and

(b)the offender does not appear in answer to the summons,

the magistrates’ court may issue a warrant for the arrest of the offender.

Crown Court order: issue of summons or warrant by Crown Court

9(1)This paragraph applies where, during the supervision period of a Crown Court order, it appears on information to the Crown Court that the offender has breached any community requirement of the order.

(2)The Crown Court may—

(a)issue a summons requiring the offender to appear at the place and time specified in it, or

(b)if the information is in writing and on oath, issue a warrant for the offender’s arrest.

(3)A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.

(4)Where—

(a)a summons issued under this paragraph requires the offender to appear before the Crown Court, and

(b)the offender does not appear in answer to the summons,

the Crown Court may issue a warrant for the arrest of the offender.

Offender before magistrates’ court: breach of community requirement

10(1)This paragraph applies where—

(a)the offender is before a magistrates’ court (“the present court”) in relation to a suspended sentence order by virtue of—

(i)paragraph 8 (breach of community requirement), or

(ii)section 294(5) (review), and

(b)it is proved to the satisfaction of the court that the offender has breached a community requirement of the order without reasonable excuse.

(2)If the suspended sentence order was made by a magistrates’ court, the present court must deal with the case under paragraph 13.

(3)If the suspended sentence order was made by the Crown Court, the present court must—

(a)deal with the case under paragraph 13, or

(b)commit the offender to custody or release the offender on bail until the offender can be brought or appear before the Crown Court.

(4)If the present court deals with the case under sub-paragraph (3)(b), it must send the Crown Court—

(a)a certificate signed by a justice of the peace certifying that the offender has breached the community requirements of the suspended sentence order in the respect specified in the certificate, and

(b)such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the breach before the Crown Court.

Offender before magistrates’ court: further conviction

11(1)Where—

(a)an offender is convicted of an offence committed during the operational period of a suspended sentence order (and the suspended sentence has not already taken effect),

(b)the suspended sentence order was made by a magistrates’ court, and

(c)the offender is before a magistrates’ court (“the present court”), whether on conviction of that other offence or subsequently,

the present court must deal with the case under paragraph 13.

(2)Where an offender is convicted by a magistrates’ court of any offence (“the new offence”) which the court is satisfied was committed during the operational period of a suspended sentence order made by the Crown Court, the court—

(a)may commit the offender in custody or on bail to the Crown Court, and

(b)if it does not, must give written notice of the conviction to the appropriate officer of the Crown Court.

(3)Sub-paragraph (1) does not apply to the present court if it commits the offender to the Crown Court under section 20 (which confers power for magistrates’ court to commit to Crown Court in certain circumstances in respect of the suspended sentence where it commits in respect of new offence) to be dealt with in respect of the suspended sentence order.

(4)Where a magistrates’ court commits a person to the Crown Court under sub-paragraph (2)(a), any duty or power which, apart from this sub-paragraph, would fall to be discharged or exercised by the magistrates’ court—

(a)is not to be discharged or exercised by that court, but

(b)is instead to be discharged or may instead by exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates’ court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).

Offender before Crown Court: breach of community requirement or further conviction

12(1)Where—

(a)an offender to whom a suspended sentence order relates is before the Crown Court, and

(b)sub-paragraph (2) or (3) applies,

the court must deal with the case under paragraph 13.

(2)This sub-paragraph applies where—

(a)the offender is before the Crown Court in relation to the order by virtue of—

(i)paragraph 9 (summons or warrant for breach of community requirement),

(ii)section 294(5) (review of order), or

(iii)paragraph 10(3)(b) (committal from magistrates’ court), and

(b)it is proved to the satisfaction of the court that the offender has breached a community requirement of the order without reasonable excuse.

(3)This sub-paragraph applies where the offender—

(a)has been convicted of an offence committed during the operational period of the suspended sentence order, and

(b)the suspended sentence has not taken effect.

(4)In proceedings before the Crown Court under this paragraph—

(a)any question whether the offender has breached a community requirement of the suspended sentence order, and

(b)any question whether the offender has been convicted during the operational period of the suspended sentence,

is to be determined by the court and not by the verdict of a jury.

Powers of court to deal with offender on breach of requirement or subsequent conviction

13(1)Where a court deals with a case under this paragraph, the court must deal with the offender in one of the following ways—

(a)the court may order that the suspended sentence is to take effect with its original term unaltered;

(b)the court may order that the suspended sentence is to take effect with the substitution for the original term of a lesser term;

(c)the court may order the offender to pay a fine of an amount not exceeding £2,500;

(d)in the case of a suspended sentence order that imposes one or more community requirements, the court may amend the order by doing any one or more of the following—

(i)imposing more onerous community requirements which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order,

(ii)subject to section 288(4), extending the supervision period, or

(iii)subject to section 288(2), extending the operational period;

(e)in the case of a suspended sentence order that does not impose any community requirement, the court may, subject to section 288(2), amend the order by extending the operational period.

(2)The criminal courts charge duty (see section 46) applies where—

(a)a magistrates’ court deals with an offender under this paragraph by virtue of paragraph 10 (breach of community requirement), or

(b)the Crown Court deals with an offender under this paragraph by virtue of paragraph 12(2) (breach of community requirement).

(3)Where a court deals with an offender under sub-paragraph (1) in respect of a suspended sentence, the appropriate officer of the court must notify the appropriate officer of the court which passed the sentence of the method adopted.

Exercise of power in paragraph 13: duty to make activation order where not unjust

14(1)Where the court deals with the case under paragraph 13, it must make an order under paragraph 13(1)(a) or (b) (“an activation order”) unless it is of the opinion that it would be unjust to do so in view of all the circumstances, including the matters mentioned in sub-paragraph (2).

Where it is of that opinion the court must state its reasons.

(2)The matters referred to in sub-paragraph (1) are—

(a)the extent to which the offender has complied with any community requirements of the suspended sentence order, and

(b)in a case falling within paragraph 11 or 12(3) (conviction of further offence during operational period), the facts of the subsequent offence.

Activation orders: further provision

15(1)This paragraph applies where a court makes an activation order relating to a suspended sentence.

(2)The activation order may provide for—

(a)the sentence to take effect immediately, or

(b)the term of the sentence to begin on the expiry of another custodial sentence passed on the offender.

This is subject to section 225 (restriction on consecutive sentences for released prisoners).

(3)For the purpose of any enactment conferring rights of appeal in criminal cases, each of the following orders is to be treated as a sentence passed on the offender by the court for the offence for which the suspended sentence was passed—

(a)the activation order;

(b)any order made by the court under section 46 (criminal courts charge duty) when making the activation order.

(4)In this paragraph “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)).

Power under paragraph 13 to fine or amend community requirements: further provision

16(1)A fine imposed under paragraph 13(1)(c) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction.

(2)Paragraph 13(1)(d)(i) (power to impose more onerous requirements) is subject to any provision that applies to the court in making a suspended sentence order as if the court were making the order.

Treatment requirement: reasonable refusal to undergo certain treatment

17(1)Sub-paragraph (2) applies where the offender—

(a)is required by a treatment requirement of a suspended sentence order to submit to treatment, and

(b)has refused to undergo any surgical, electrical or other treatment.

(2)The offender is not to be treated for the purposes of paragraph 10(1)(b) or 12(2)(b) as having breached that requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.

(3)In this paragraph, “treatment requirement” means—

(a)a mental health treatment requirement,

(b)a drug rehabilitation requirement, or

(c)an alcohol treatment requirement.

Duty of court in Scotland or Northern Ireland when informed of suspended sentence

18Where—

(a)an offender is convicted in Scotland or Northern Ireland of an offence, and

(b)the court is informed that the offence was committed during the operational period of a suspended sentence passed in England or Wales,

the court must give written notice of the conviction to the appropriate officer of the court by which the suspended sentence was passed.

Issue of summons or warrant where court convicting of further offence does not deal with suspended sentence

19(1)This paragraph applies where it appears to the Crown Court that an offender—

(a)has been convicted in the United Kingdom of an offence committed during the operational period of a suspended sentence order passed by the Crown Court, and

(b)has not been dealt with in respect of the suspended sentence.

(2)The Crown Court may issue—

(a)a summons requiring the offender to appear at the place and time specified in it, or

(b)a warrant for the offender’s arrest.

(3)A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.

20(1)This paragraph applies where it appears to a justice of the peace that an offender—

(a)has been convicted in the United Kingdom of an offence committed during the operational period of a suspended sentence passed by a magistrates’ court acting in the same local justice area as the justice, and

(b)has not been dealt with in respect of the suspended sentence.

(2)The justice may issue—

(a)a summons requiring the offender to appear at the place and time specified in it, or

(b)a warrant for the offender’s arrest.

This is subject to sub-paragraphs (3) and (4).

(3)Unless acting in consequence of a notice under paragraph 18 (conviction in Scotland or Northern Ireland), a justice—

(a)may not issue a summons under this paragraph except on information, and

(b)may not issue a warrant under this paragraph except on information in writing and on oath.

(4)A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court by which the suspended sentence was passed.

PART 3Amendment of order

Application of Part

21This Part of this Schedule applies during the supervision period of a suspended sentence order that imposes one or more community requirements.

Cancellation of community requirements of suspended sentence order

22(1)This paragraph applies where an application is made to the appropriate court by—

(a)the offender, or

(b)an officer of a provider of probation services,

for the community requirements of the suspended sentence order to be cancelled.

(2)If it appears to the court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the court may cancel the community requirements of the suspended sentence order.

(3)The circumstances in which community requirements of the order may be cancelled under sub-paragraph (2) include the offender’s—

(a)making good progress, or

(b)responding satisfactorily to supervision.

(4)No application may be made under this paragraph while an appeal against the suspended sentence is pending.

Amendment because of change of residence

23(1)This paragraph applies where—

(a)the offender is given permission under section 302 to change residence, and

(b)the local justice area in which the new residence is situated (“the new local justice area”) is different from the offender’s home local justice area.

(2)If the permission is given by a court, the court must amend the suspended sentence order to specify the new local justice area as the offender’s home local justice area.

24(1)This paragraph applies where—

(a)a court amends the suspended sentence order,

(b)the order as amended includes a residence requirement requiring the offender to reside at a specified place, and

(c)the local justice area in which that place is situated (“the new local justice area”) is different from the offender’s home local justice area.

(2)The court must amend the order to specify the new local justice area.

Amendment of community requirements of suspended sentence order

25(1)The appropriate court may, on the application of the offender or an officer of a provider of probation services, amend any community requirement of the suspended sentence order—

(a)by cancelling the requirement, or

(b)by replacing it with a requirement of the same kind, which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order.

(2)For the purposes of sub-paragraph (1)

(a)a requirement falling within any entry in the table in section 287 is of the same kind as any other requirement falling within that entry, and

(b)an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.

(3)Sub-paragraph (1)(b) is subject to any provision that applies to the court in making a suspended sentence order as if the court were making the order.

(4)No application may be made under this paragraph while an appeal against the suspended sentence is pending, other than an application which—

(a)relates to a treatment requirement, and

(b)is made by an officer of a provider of probation services with the offender’s consent.

(5)Before exercising its powers under this paragraph, the court must summon the offender to appear before the court, unless—

(a)the application was made by the offender, or

(b)the order would cancel a community requirement of the suspended sentence order.

(6)If the offender fails to appear in answer to a summons under sub-paragraph (5) the court may issue a warrant for the offender’s arrest.

(7)If the offender fails to express willingness to comply with a treatment requirement as proposed to be amended under this paragraph, the court may—

(a)revoke—

(i)the suspended sentence order, and

(ii)the suspended sentence to which it relates, and

(b)re-sentence the offender for the offence in respect of which the suspended sentence was imposed.

(8)In dealing with the offender under sub-paragraph (7)(b), the court must take into account the extent to which the offender has complied with the requirements of the order.

(9)In this paragraph “treatment requirement” means—

(a)a mental health treatment requirement,

(b)a drug rehabilitation requirement, or

(c)an alcohol treatment requirement.

Amendment of treatment requirement on report of practitioner

26(1)This paragraph applies where the suspended sentence order contains a treatment requirement under which the offender is being treated and the treatment practitioner—

(a)is of the opinion that—

(i)the treatment of the offender should be continued beyond the period specified in that behalf in the order,

(ii)the offender needs different treatment,

(iii)the offender is not susceptible to treatment, or

(iv)the offender does not require further treatment, or

(b)is for any reason unwilling to continue to treat or direct the treatment of the offender.

(2)The treatment practitioner must make a report in writing to that effect to the responsible officer.

(3)The responsible officer must cause an application to be made under paragraph 25 to the appropriate court for the requirement to be replaced or cancelled.

(4)For the purposes of this paragraph—

(a)“treatment requirement” means—

(i)a mental health treatment requirement,

(ii)a drug rehabilitation requirement, or

(iii)an alcohol treatment requirement;

(b)the treatment practitioner is—

(i)the person specified in the order as the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement, or

(ii)in the case of a mental health treatment requirement, if no such person is specified, the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement.

Extension of unpaid work requirement

27(1)This paragraph applies where the suspended sentence order imposes an unpaid work requirement.

(2)The appropriate court may, in relation to the order, extend the period of 12 months specified in paragraph 1(1) of Schedule 9.

(3)The power in sub-paragraph (2) is exercisable only where—

(a)an application is made by—

(i)the offender, or

(ii)an officer of a provider of probation services, and

(b)it appears to the appropriate court that it would be in the interests of justice to exercise it in the way proposed having regard to circumstances which have arisen since the order was made.

(4)No application may be made under this paragraph while an appeal against the suspended sentence is pending.

PART 4Supplementary

Provision of copies of orders etc

28(1)This paragraph applies on the making by a court of an order under this Schedule amending or revoking a suspended sentence order.

(2)The court must provide copies of the amending or revoking order to—

(a)the offender, and

(b)the responsible officer.

(3)In the case of an amending order which substitutes a new local justice area as the offender’s home local justice area, the court must also provide a copy of the amending order to—

(a)a provider of probation services that is a public sector provider operating in that area, and

(b)the magistrates’ court acting in that area.

(4)In the case of an amending order which imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the amending order as relates to that requirement.

The requirementThe person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offenderThe person intended to be protected
A residence requirement relating to residence in an institutionThe person in charge of the institution
A mental health treatment requirementThe person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirementThe person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirementThe person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirementAny person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
Any person without whose consent the requirement could not be included in the order.

(5)Where the court acts in a local justice area other than the offender’s home local justice area specified in the order prior to the amendment or revocation (“the former home area”), the court must provide a copy of the amending or revoking order to a magistrates’ court acting in the former home area.

(6)Where under sub-paragraph (3) the court provides a copy of an amending or revoking order to a magistrates’ court acting in a different area, it must also provide that court with such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

(7)In this paragraph “public sector provider” means—

(a)a probation trust or other public body, or

(b)the Secretary of State.

Section 304

SCHEDULE 17Transfer of suspended sentence orders to Scotland or Northern Ireland

PART 1Scotland

Restriction on making relevant suspended sentence order where offender resides in Scotland

1(1)This paragraph applies where—

(a)a relevant suspended sentence order is available to a court dealing with an offender, and

(b)the court is satisfied that the offender—

(i)resides in Scotland, or

(ii)if a relevant suspended sentence order is made, will reside there when the order comes into force.

(2)The court may make a relevant suspended sentence order only if—

(a)it appears to the court that suitable arrangements for the offender’s supervision can be made by the local council in Scotland, and

(b)the order will satisfy paragraphs 8 and 9.

(3)If the court makes a relevant suspended sentence order in accordance with this paragraph, it may not provide for it to be subject to review.

Amendment of relevant suspended sentence order to become SSSO

2(1)This paragraph applies where—

(a)a relevant suspended sentence order is in force,

(b)the appropriate court is satisfied that the offender—

(i)resides in Scotland, or

(ii)proposes to reside there, and

(c)it appears to the court that suitable arrangements for the offender’s supervision can be made by the local council in Scotland.

(2)The power of the appropriate court to amend the order under Part 3 of Schedule 16 (“the amendment power”) includes power to amend the order by requiring—

(a)the order to be complied with in Scotland, and

(b)the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3)But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 8 and 9.

3(1)A relevant suspended sentence order which is subject to review ceases to be subject to review if it is amended in accordance with paragraph 2.

(2)If the court amends a relevant suspended sentence order in accordance with paragraph 2, it may not provide for it to be subject to review.

PART 2Northern Ireland

Restriction on making suspended sentence order where offender resides in Northern Ireland

4(1)This paragraph applies where—

(a)a relevant suspended sentence order is available to a court dealing with an offender, and

(b)the court is satisfied that the offender—

(i)resides in Northern Ireland, or

(ii)if a relevant suspended sentence order is made, will reside there when the order comes into force.

(2)The court may make a relevant suspended sentence order only if—

(a)it appears to the court that suitable arrangements for the offender’s supervision can be made by the Probation Board for Northern Ireland, and

(b)the order will satisfy paragraphs 8 and 9.

(3)If the court makes a relevant suspended sentence order in accordance with this paragraph, it may not provide for it to be subject to review.

Amendment of relevant suspended sentence order to become an NISSO

5(1)This paragraph applies where—

(a)a relevant suspended sentence order is in force,

(b)the appropriate court is satisfied that the offender—

(i)resides in Northern Ireland, or

(ii)proposes to reside there, and

(c)it appears to the court that suitable arrangements for the offender’s supervision can be made by the Probation Board for Northern Ireland.

(2)The power of the appropriate court to amend the order under Part 3 of Schedule 16 (“the amendment power”) includes power to amend the order by requiring—

(a)the order to be complied with in Northern Ireland, and

(b)the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3)But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 8 and 9.

6(1)A relevant suspended sentence order which is subject to review ceases to be subject to review if it is amended in accordance with paragraph 5.

(2)If the court amends a relevant suspended sentence order in accordance with paragraph 5, it may not provide for it to be subject to review.

PART 3Making of orders

Making or amending a suspended sentence order under

7This Part of this Schedule applies where, in accordance with Part 1 or 2 of this Schedule, a court—

(a)makes an SSSO or an NISSO, or

(b)amends a suspended sentence order so as to become an SSSO or an NISSO.

Community requirements: availability and restrictions on imposition

8(1)If the order is an SSSO, it must not impose—

(a)an alcohol abstinence and monitoring requirement,

(b)an attendance centre requirement, or

(c)an electronic whereabouts monitoring requirement.

(2)If the order is an NISSO—

(a)it must not impose an alcohol abstinence and monitoring requirement;

(b)it must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(i)any necessary provision can be made in the offender’s case under arrangements that exist for persons resident in Northern Ireland, and

(ii)arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored.

9(1)The order, as made or amended, may not impose a locally based requirement unless it appears to the court that—

(a)arrangements exist for persons to comply with such a requirement in—

(i)the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or

(ii)Northern Ireland, in the case of an NISSO, and

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

(2)For the purposes of this paragraph, “locally based requirement” means any of the following—

(a)an unpaid work requirement;

(b)a rehabilitation activity requirement;

(c)a programme requirement;

(d)a mental health treatment requirement;

(e)a drug rehabilitation requirement;

(f)an alcohol treatment requirement;

(g)in relation to an NISSO, an attendance centre requirement;

(h)an electronic compliance monitoring requirement.

10Schedule 9 (requirements) applies as if—

(a)any reference to the responsible officer were to the relevant officer;

(b)the following provisions were omitted—

(i)paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii)paragraph 31(2) (person for electronic monitoring to be of prescribed description);

(iii)paragraphs 34 and 35 (restriction on imposing electronic monitoring requirement);

(c)in paragraph 16(2) (mental health treatment requirement), for the definition of “in-patient treatment” there were substituted—

(i)in relation to an SSSO or proposed SSSO—

  • “in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;;

(ii)in relation to an NISSO or proposed NISSO—

  • “in-patient treatment” means treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purpose of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));;

(d)in relation to an NISSO or proposed NISSO, any reference in Part 13 (attendance centre requirement) to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

Matters to be specified in the order

11(1)The suspended sentence order, as made or amended in accordance with Part 1 or 2 of this Schedule, must—

(a)if it is an SSSO, specify the local authority area in Scotland in which the offender resides or will be residing at the relevant time, or

(b)if it is an NISSO, specify that the offender resides in Northern Ireland or will be residing there at the relevant time.

(2)This paragraph has effect in place of section 296 (offender’s home local justice area to be specified).

Order to require home authority to appoint relevant officer

12The suspended sentence order, as made or amended in accordance with Part 1 or 2 of this Schedule, must require the home authority to appoint or assign—

(a)an officer, in the case of an SSSO, or

(b)a probation officer, in the case of an NISSO,

who will be responsible for discharging in relation to the offender the functions conferred on responsible officers in relation to relevant suspended sentence orders by this Code.

Provision of copies

13(1)This paragraph applies where a court makes an order (“the transferring order”) which makes or amends a suspended sentence order as mentioned in paragraph 7.

(2)The court must forthwith provide the offender with a copy of the transferring order.

(3)The court must provide—

(a)the home authority, and

(b)the home court,

with the relevant documents.

(4)In sub-paragraph (3), “the relevant documents” means—

(a)a copy of the suspended sentence order as made or amended, and

(b)such other documents and information relating to the case as the court considers likely to be of assistance.

(5)Where the transferring order imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the transferring order as relates to that requirement.

The requirementThe person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offenderThe person intended to be protected
A residence requirement relating to residence in an institutionThe person in charge of the institution
A mental health treatment requirementThe person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirementThe person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirementThe person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirementAny person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
Any person without whose consent the requirement could not be included in the order.

(6)Sub-paragraphs (7) and (8) apply where the transferring order is an order amending a suspended sentence order in accordance with paragraph 2 or 5.

(7)The court must provide a copy of the transferring order to the responsible officer.

(8)Where the court making the transferring order acts in a local justice area other than the offender’s home local justice area specified in the suspended sentence order prior to the amendment (“the former home area”), the court must provide a copy of the transferring order to a magistrates’ court acting in the former home area.

(9)This paragraph applies in place of—

(a)section 298 (provision of copies of suspended sentence orders), and

(b)paragraph 28 of Schedule 16 (provision of copies following amendment of suspended sentence order).

PART 4Provisions where SSSO or NISSO is in force

Application

14(1)This Part of this Schedule applies while an SSSO or NISSO is in force in relation to an offender.

(2)This is subject to Part 8 of this Schedule (transfer to England and Wales).

Role of responsible officer to be carried out by relevant officer

15Sections 300 to 302 (role of responsible officer) apply as if any reference to the responsible officer were to the relevant officer.

Community requirements

16Schedule 9 (requirements) applies as if—

(a)any reference to the responsible officer were to the relevant officer;

(b)the following provisions were omitted—

(i)paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii)paragraph 31(2) (person for electronic monitoring to be of prescribed description);

(iii)paragraphs 34 and 35 (restriction on imposing electronic monitoring requirement);

(c)in paragraph 16(2) (mental health treatment requirement), for the definition of “in-patient treatment” there were substituted—

(i)in relation to an SSSO—

  • “in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;;

(ii)in relation to an NISSO—

  • “in-patient treatment” means treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purpose of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));;

(d)in relation to an NISSO, any reference in Part 13 (attendance centre requirement) to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

PART 5Breach of community requirement

Application

17This Part of this Schedule—

(a)applies where an SSSO or an NISSO is in force in respect of an offender, and

(b)includes provisions that modify, or apply in place of, certain provisions of Part 2 of Schedule 16 (breach of community requirement or conviction of further offence).

Breach of community requirement: duty to give warning or refer to home court

18(1)This paragraph applies where the relevant officer is of the opinion that the offender has without reasonable excuse breached a community requirement of the order.

(2)If the offender has been given a relevant warning within the previous 12 months in relation to a breach of any community requirement of the order, the officer must—

(a)if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or

(b)if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.

(3)Otherwise the officer must—

(a)give the offender a warning under this paragraph,

(b)if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or

(c)if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.

(4)A warning under this paragraph must—

(a)describe the circumstances of the breach,

(b)state that the breach is unacceptable, and

(c)inform the offender that if the offender again breaches a requirement of the order within the next 12 months, the offender will be liable to be brought before a court.

(5)As soon as practicable after giving a warning under this paragraph, the relevant officer must record that fact.

(6)For the purposes of sub-paragraph (2), a relevant warning is a warning under—

(a)this paragraph, or

(b)paragraph 6 of Schedule 16 (corresponding provision for order not transferred to Scotland or Northern Ireland).

(7)If the suspended sentence order is amended under paragraph 35 (transfer back to England and Wales), the reference in paragraph 6(2) of Schedule 16 to a previous warning under paragraph 6 of that Schedule includes a reference to a warning under this paragraph.

Issue of citation or warrant by home court

19(1)Sub-paragraph (2) applies where it appears to the home court—

(a)if that court is in Scotland, on information from the relevant officer, or

(b)if that court is in Northern Ireland, upon a complaint being made by the relevant officer,

that the offender has breached a community requirement of the suspended sentence order without reasonable excuse.

(2)The home court may—

(a)if it is in Scotland—

(i)issue a citation requiring the offender to appear before it at the time specified in the citation, or

(ii)issue a warrant for the offender’s arrest;

(b)if it is in Northern Ireland—

(i)issue a summons requiring the offender to appear before it at the time specified in the summons, or

(ii)issue a warrant for the offender’ arrest.

Powers of home court to determine breach or refer to original court

20(1)The court before which an offender appears or is brought by virtue of paragraph 19 must—

(a)determine whether the offender has breached any community requirement of the suspended sentence order without reasonable excuse, or

(b)require the offender to appear before the original court.

(2)Sub-paragraphs (3) to (6) apply if the home court determines under sub-paragraph (1)(a) that the offender has breached any requirement of the order without reasonable excuse.

(3)The court must—

(a)require the offender to appear before the original court, and

(b)send the original court a certificate certifying that the offender has without reasonable excuse breached the requirements of the order in the respect specified.

(4)Sub-paragraph (5) applies when the offender appears before the original court by virtue of sub-paragraph (3).

(5)Paragraph 10 or, as the case may be, 12 of Schedule 16 (functions of court on breach of community requirement) applies as if what the home court had determined under sub-paragraph (1)(a) had already been proved to the satisfaction of the original court.

(6)Where an offender is required under sub-paragraph (3)(a) to appear before the original court, a certificate under sub-paragraph (3)(b) signed by the clerk of the home court is admissible before the original court as conclusive evidence of the matters stated in it.

(7)See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power by virtue of sub-paragraph (1)(b) or (3)(a).

Determination by home court of breach of community requirement: further provision

21(1)Sub-paragraph (2) applies where an offender—

(a)is required by any of the following community requirements of a suspended sentence order to submit to treatment—

(i)a mental health treatment requirement,

(ii)a drug rehabilitation requirement, or

(iii)an alcohol treatment requirement, and

(b)has refused to undergo any surgical, electrical or other treatment.

(2)The offender is not to be treated for the purposes of paragraph 20 as having breached that requirement on the ground only of that refusal if, in the opinion of the court, the offender’s refusal was reasonable having regard to all the circumstances.

(3)Where the court makes a determination under paragraph 20(1)(a), the evidence of one witness is sufficient.

(4)If the order—

(a)is an SSSO, and

(b)contains an electronic monitoring requirement,

section 245H of the Criminal Procedure (Scotland) Act 1995 (documentary evidence) applies to proceedings under paragraph 20 as it applies to proceedings under section 245F of that Act (breach of restriction of liberty order).

22Paragraphs 18 to 21 have effect in place of paragraphs 6 and 7 of Schedule 16 (breach or amendment of suspended sentence order).

Modifications of Part 2 of Schedule 16 etc

23(1)Part 2 of Schedule 16 (breach of community requirement and effect of further conviction), apart from paragraphs 6 and 7, applies as if—

(a)any reference to the responsible officer were to the relevant officer;

(b)any reference to a magistrates’ court acting in the offender’s home local justice area were to a magistrates’ court acting in the same local justice area as the original court;

(c)any reference to a justice of the peace acting in the offender’s home local justice area were to a justice of the peace acting in the same local justice area as the original court;

(d)any reference to the appropriate court were to the original court;

(e)for sub-paragraphs (i) and (ii) of paragraph 8(3)(b) there were substituted “the same local justice area as the original court”.

(2)No court in England and Wales may exercise any power in relation to any breach by the offender of a community requirement of the order unless the offender has been required to appear before that court in accordance with paragraph 20(1)(b) or (3)(a).

PART 6Amendment of SSSO or NISSO: offender remaining in Scotland or Northern Ireland

Application

24This Part of this Schedule—

(a)applies where an SSSO or an NISSO is in force in respect of an offender, and

(b)includes provisions that modify, or apply in place of, certain provisions of Part 3 of Schedule 16 (amendment of suspended sentence order).

Modifications of Part 3 of Schedule 16

25Part 3 of Schedule 16 (amendment of suspended sentence order) applies as if—

(a)any reference to the responsible officer were to the relevant officer;

(b)any reference a magistrates’ court acting in the offender’s home local justice area were to a magistrates’ court acting in the same local justice area as the original court;

(c)any reference to a justice of the peace acting in the offender’s home local justice area were to a justice of the peace acting in the same local justice area as the original court;

(d)any reference to the appropriate court were to the original court;

(e)in the case of an SSSO, in paragraphs 23 and 24 of that Schedule (amendment by reason of change of residence), any reference to the offender’s home local justice area were to the local authority area specified in the order, and any other reference to a local justice area were to a local authority area;

(f)in the case of an NISSO, those paragraphs were omitted.

Powers to amend suspended sentence order exercisable by home court

26(1)The home court may exercise any power conferred by Part 3 of Schedule 16 (amendment of suspended sentence order) as if it were the original court.

This is subject to sub-paragraph (2).

(2)Where paragraph 25(7) of Schedule 16 (power to deal with offender who fails to express willingness to comply with amended treatment requirement) applies, the home court—

(a)may not exercise the power conferred by that provision, and

(b)must require the offender to appear before the original court.

(3)See paragraph 27 and Part 7 of this Schedule for provisions that apply to the home court where it exercises a power by virtue of sub-paragraph (1).

Cases in which offender is to be required to appear before home court

27(1)This paragraph applies in place of sub-paragraphs (5) and (6) of paragraph 25 of Schedule 16 (amendment of community requirements of suspended sentence order) in relation to any exercise by the home court of the power conferred by sub-paragraph (1) of that paragraph.

(2)Before exercising the power, the home court must issue—

(a)a citation, if it is Scotland, or

(b)a summons, if it is in Northern Ireland,

requiring the offender to appear before it.

(3)If the offender does not appear in answer to a citation or summons under sub-paragraph (2), the court may issue a warrant for the offender’s arrest.

(4)Sub-paragraph (2) does not apply where the home court exercises the power—

(a)on the application of the offender, or

(b)to cancel a community requirement of the suspended sentence order.

Modification of sections 300 to 302 and Schedule 9

28(1)This paragraph applies where the home court is considering amending an SSSO or an NISSO under Part 3 of Schedule 16 by virtue of this Part of this Schedule.

(2)Sections 300 to 302 (functions of responsible officer) and Schedule 9 (requirements) apply as if any reference to a provider of probation services were—

(a)in the case of an SSSO, to a local authority in Scotland;

(b)in the case of an NISSO, to the Probation Board for Northern Ireland.

Power for home court to refer application to original court

29(1)This paragraph applies where an application is made to the home court under Part 3 of Schedule 16 by virtue of paragraph 26 of this Schedule (powers to amend order exercisable by home court).

(2)The home court may (instead of dealing with the application) require the offender to appear before the original court.

Powers exercisable by court in England and Wales only after home court consideration

30(1)No court in England and Wales may exercise any power conferred by Part 3 of Schedule 16 (amendment of suspended sentence order) unless the offender has been required to appear before that court in accordance with—

(a)paragraph 26(2)(b) of this Schedule (refusal of offender to express willingness to comply with amended treatment requirement), or

(b)paragraph 29(2) of this Schedule (power of home court to refer application to original court).

(2)See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power in the circumstances mentioned in sub-paragraph (1)(a) or (b).

PART 7Exercise of powers to amend SSSO or NISSO by virtue of Part 5 or 6 of this Schedule

Application

31This Part of this Schedule applies where—

(a)a court in England and Wales exercises a power by virtue of paragraph 20(1)(b) or (3)(a) to amend an SSSO or a NISSO,

(b)the home court exercises a power in Part 3 of Schedule 16 to amend an SSSO or an NISSO by virtue of paragraph 26 of this Schedule, or

(c)a court in England and Wales exercises such a power in the circumstances mentioned in paragraph 30(1)(a) or (b) of this Schedule.

Restrictions on exercise of powers to amend order

32(1)The court must not amend the order to impose a requirement unless it appears to the court, in relation to the requirement, that suitable arrangements for the offender’s supervision can be made by—

(a)the local council in Scotland, if the order is an SSSO, or

(b)the Probation Board for Northern Ireland, if the order is an NISSO.

(2)If the order is an SSSO, the court must not impose—

(a)an alcohol abstinence and monitoring requirement,

(b)an attendance centre requirement, or

(c)an electronic whereabouts monitoring requirement.

(3)If the order is an NISSO—

(a)the court must not impose an alcohol abstinence and monitoring requirement;

(b)the court must not amend the order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(i)any necessary provision can be made in the offender’s case under arrangements that exist for persons resident in Northern Ireland, and

(ii)arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored.

(4)The court must not impose a locally based requirement unless it appears to the court that—

(a)arrangements exist for persons to comply with such a requirement in—

(i)the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or

(ii)Northern Ireland, in the case of an NISSO, and

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

(5)For the purposes of this paragraph, “locally based requirement” means any of the following—

(a)an unpaid work requirement;

(b)a rehabilitation activity requirement;

(c)a programme requirement;

(d)a mental health treatment requirement;

(e)a drug rehabilitation requirement;

(f)an alcohol treatment requirement;

(g)in relation to an NISSO, an attendance centre requirement;

(h)an electronic compliance monitoring requirement.

(6)The court may not provide for the SSSO or NISSO to be subject to review.

Provision of copies

33(1)This paragraph applies where a court amends an SSSO or an NISSO and this Part of this Schedule applies.

(2)The court must provide copies of the amending order to—

(a)the offender, and

(b)the relevant officer.

(3)Where the order is an SSSO and the court amends it so as to substitute a new local authority area, the court must provide—

(a)the home authority, and

(b)the home court,

with a copy of the order as made or amended, and such other documents and information relating to the case as the court considers likely to be of assistance.

Application of provisions of Part 3 of this Schedule

34Paragraphs 10 to 12 have effect in relation to the amendment of an SSSO or an NISSO to which this Part of this Schedule applies as they have effect in relation to the amendment of such an order in accordance with Part 1 or 2 of this Schedule.

PART 8Amendment of order: return to England and Wales

Amendment of order: return to England and Wales

35(1)This paragraph applies where—

(a)an SSSO or NISSO is in force in respect of an offender, and

(b)the home court is satisfied that the offender is residing or proposes to reside in England and Wales.

(2)The home court—

(a)may, and

(b)on the application of the relevant officer must,

amend the suspended sentence order by requiring it to be complied with in England and Wales.

Restrictions on exercise of power under this Part of this Schedule

36(1)This paragraph applies where the SSSO or NISSO contains requirements which, in the opinion of the home court, cannot be complied with in the local justice area in which the offender is residing or proposes to reside.

(2)The court may not exercise the power conferred by paragraph 35 to amend the order unless, in accordance with paragraph 25 of Schedule 16 it—

(a)cancels those requirements, or

(b)substitutes for those requirements other requirements which can be complied with if the offender resides in that area.

37(1)This paragraph applies where the SSSO or NISSO imposes a programme requirement.

(2)The home court may not exercise the power conferred by paragraph 35 to amend the order unless it appears to the court that the accredited programme specified in the requirement is available in the local justice area in England and Wales in which the offender is residing or proposes to reside.

Making of order under this Part of this Schedule

38(1)This paragraph applies where the home court exercises the power conferred by paragraph 35 to amend a relevant suspended sentence order which is an SSSO or NISSO.

(2)The relevant suspended sentence order as amended must specify the local justice area in which the offender resides or proposes to reside (“the new local justice area”).

(3)The home court must—

(a)provide copies of the amending order to—

(i)the offender,

(ii)the relevant officer, and

(iii)a provider of probation services operating in the new local justice area, and

(b)provide the magistrates’ court acting in that area with—

(i)a copy of the amending order, and

(ii)such other documents and information relating to the case as the home court considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

This sub-paragraph applies in place of paragraph 28 of Schedule 16 (amendment of suspended sentence order: provision of copies).

(4)The relevant suspended sentence order ceases to be an SSSO or NISSO.

PART 9Supplementary

Electronic monitoring and SSSO

39Subsections (1) and (3) of section 245C of the Criminal Procedure (Scotland) Act 1995 (provision of remote monitoring) have effect as if they included a reference to the electronic monitoring of the community requirements of a suspended sentence order made or amended in accordance with paragraph 1 or 2 of this Schedule.

Service of citation or warrant

40(1)Section 4 of the Summary Jurisdiction (Process) Act 1881 (which provides, among other things, for service in England and Wales of Scottish citations or warrants) applies to any citation or warrant issued under paragraph 19(2)(a) or 27(2)(a) or (3) as it applies to a citation or warrant granted under section 134 of the Criminal Procedure (Scotland) Act 1995.

(2)A summons issued by a court in Northern Ireland under paragraph 19(2)(b) or 27(2)(b) may, in such circumstances as may be prescribed by rules of court, be served in England and Wales or Scotland.

PART 10Interpretation

41(1)In this Schedule—

  • “the appropriate court” has the same meaning as in Schedule 16 (see paragraph 1 of that Schedule);

  • “breach” in relation to a community requirement, means a failure to comply with it, and related expressions are to be read accordingly;

  • “the home authority”—

    (a)

    in relation to an SSSO, means the local authority for the local authority area specified in the order;

    (b)

    in relation to an NISSO, means the Probation Board for Northern Ireland;

  • “home court” means—

    (a)

    in the case of an SSSO, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, and

    (b)

    in the case of an NISSO, a court of summary jurisdiction in Northern Ireland;

  • “local authority” means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994; and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act;

  • “the local council in Scotland”, in relation to an SSSO, means the local authority in whose area the offender resides, or will be residing at the relevant time;

  • “NISSO” means a relevant suspended sentence order that—

    (a)

    has been made or amended under Part 2 of this Schedule (Northern Ireland), and

    (b)

    has not ceased to be such an order under paragraph 35 (transfer to England and Wales);

  • “original court”, in relation to an SSSO or an NISSO, means the court in England and Wales which made or last amended the order;

  • “the relevant officer” means—

    (a)

    in relation to an SSSO, the local authority officer appointed or assigned under paragraph 12;

    (b)

    in relation to an NISSO, the probation officer appointed or assigned under paragraph 12;

  • “relevant suspended sentence order” means a suspended sentence order that imposes one or more community requirements;

  • “the relevant time”—

    (a)

    in relation to making, or amending a suspended sentence order so as to become, an SSSO or an NISSO, means the time when the order or the amendment comes into force;

    (b)

    in relation to the amendment of an SSSO or NISSO, means the time when the amendment comes into force;

  • “SSSO” means a relevant suspended sentence order that—

    (a)

    has been made or amended under Part 1 of this Schedule (Scotland), and

    (b)

    has not ceased to be such an order under paragraph 35 (transfer to England and Wales).

(2)For the purposes of this Schedule, a relevant suspended sentence order is subject to review if—

(a)the order is subject to review in accordance with section 293(1), or

(b)the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.

Section 306

SCHEDULE 18Specified offences for purposes of section 306

PART 1Specified violent offences

Common law offences

1Manslaughter.

2Kidnapping.

3False imprisonment.

Offences against the Person Act 1861

4An offence under any of the following provisions of the Offences against the Person Act 1861—

(a)section 4 (soliciting murder);

(b)section 16 (threats to kill);

(c)section 18 (wounding with intent to cause grievous bodily harm);

(d)section 20 (malicious wounding);

(e)section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);

(f)section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);

(g)section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);

(h)section 27 (abandoning children);

(i)section 28 (causing bodily injury by explosives);

(j)section 29 (using explosives etc with intent to do grievous bodily harm);

(k)section 30 (placing explosives with intent to do bodily injury);

(l)section 31 (setting spring guns etc with intent to do grievous bodily harm);

(m)section 32 (endangering the safety of railway passengers);

(n)section 35 (injuring persons by furious driving);

(o)section 37 (assaulting officer preserving wreck);

(p)section 38 (assault with intent to resist arrest);

(q)section 47 (assault occasioning actual bodily harm).

Explosive Substances Act 1883

5An offence under any of the following provisions of the Explosive Substances Act 1883—

(a)section 2 (causing explosion likely to endanger life or property);

(b)section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(c)section 4 (making or possession of explosive under suspicious circumstances).

Infant Life (Preservation) Act 1929

6An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

Children and Young Persons Act 1933

7An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).

Infanticide Act 1938

8An offence under section 1 of the Infanticide Act 1938 (infanticide).

Firearms Act 1968

9An offence under any of the following provisions of the Firearms Act 1968—

(a)section 16 (possession of firearm with intent to endanger life);

(b)section 16A (possession of firearm with intent to cause fear of violence);

(c)section 17(1) (use of firearm to resist arrest);

(d)section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(e)section 18 (carrying a firearm with criminal intent).

Theft Act 1968

10An offence under any of the following provisions of the Theft Act 1968—

(a)section 8 (robbery or assault with intent to rob);

(b)section 9, where the offence is burglary with intent to—

(i)inflict grievous bodily harm on a person, or

(ii)do unlawful damage to a building or anything in it;

(c)section 10 (aggravated burglary);

(d)section 12A (aggravated vehicle-taking), where the offence involves an accident which caused the death of any person.

Criminal Damage Act 1971

11(1)An offence of arson under section 1 of the Criminal Damage Act 1971.

(2)An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

Taking of Hostages Act 1982

12An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Aviation Security Act 1982

13An offence under any of the following provisions of the Aviation Security Act 1982—

(a)section 1 (hijacking);

(b)section 2 (destroying, damaging or endangering safety of aircraft);

(c)section 3 (other acts endangering or likely to endanger safety of aircraft);

(d)section 4 (offences in relation to certain dangerous articles).

Mental Health Act 1983

14An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).

Prohibition of Female Circumcision Act 1985

15An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).

Public Order Act 1986

16An offence under any of the following provisions of the Public Order Act 1986—

(a)section 1 (riot);

(b)section 2 (violent disorder);

(c)section 3 (affray).

Criminal Justice Act 1988

17An offence under section 134 of the Criminal Justice Act 1988 (torture).

Road Traffic Act 1988

18An offence under any of the following provisions of the Road Traffic Act 1988—

(a)section 1 (causing death by dangerous driving);

(b)section 3ZC (causing death by driving: disqualified drivers);

(c)section 3A (causing death by careless driving when under influence of drink or drugs).

Aviation and Maritime Security Act 1990

19An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a)section 1 (endangering safety at aerodromes);

(b)section 9 (hijacking of ships);

(c)section 10 (seizing or exercising control of fixed platforms);

(d)section 11 (destroying fixed platforms or endangering their safety);

(e)section 12 (other acts endangering or likely to endanger safe navigation);

(f)section 13 (offences involving threats).

Channel Tunnel (Security) Order 1994

20An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Protection from Harassment Act 1997

21An offence under section 4 or 4A of the Protection from Harassment Act 1997 (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress).

Crime and Disorder Act 1998

22(1)An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults).

(2)An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).

International Criminal Court Act 2001

23An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

Female Genital Mutilation Act 2003

24An offence under any of the following provisions of the Female Genital Mutilation Act 2003—

(a)section 1 (female genital mutilation);

(b)section 2 (assisting a girl to mutilate her own genitalia);

(c)section 3 (assisting a non-UK person to mutilate overseas a girl’s genitalia).

Domestic Violence, Crime and Victims Act 2004

25An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).

Modern Slavery Act 2015

26(1)An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).

(2)An offence under section 2 of that Act (human trafficking) which is not within Part 2 of this Schedule.

Inchoate offences

27An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

28An inchoate offence in relation to murder.

PART 2Specified sexual offences

Sexual Offences Act 1956

29An offence under any of the following provisions of the Sexual Offences Act 1956—

(a)section 1 (rape);

(b)section 2 (procurement of woman by threats);

(c)section 3 (procurement of woman by false pretences);

(d)section 4 (administering drugs to obtain or facilitate intercourse);

(e)section 5 (intercourse with girl under 13);

(f)section 6 (intercourse with girl under 16);

(g)section 7 (intercourse with a defective);

(h)section 9 (procurement of a defective);

(i)section 10 or 11 (incest);

(j)section 14 (indecent assault on a woman);

(k)section 15 (indecent assault on a man);

(l)section 16 (assault with intent to commit buggery);

(m)section 17 (abduction of woman by force or for the sake of her property);

(n)section 19 (abduction of unmarried girl under 18 from parent or guardian);

(o)section 20 (abduction of unmarried girl under 16 from parent or guardian);

(p)section 21 (abduction of defective from parent or guardian);

(q)section 22 (causing prostitution of women);

(r)section 23 (procuration of girl under 21);

(s)section 24 (detention of woman in brothel);

(t)section 25 (permitting girl under 13 to use premises for intercourse;

(u)section 26 (permitting girl under 16 to use premises for intercourse);

(v)section 27 (permitting defective to use premises for intercourse);

(w)section 28 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16);

(x)section 29 (causing or encouraging prostitution of defective);

(y)section 32 (soliciting by men);

(z)section 33A (keeping a brothel used for prostitution).

Mental Health Act 1959

30An offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients).

Indecency with Children Act 1960

31An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child).

Sexual Offences Act 1967

32An offence under either of the following provisions of the Sexual Offences Act 1967—

(a)section 4 (procuring others to commit homosexual acts);

(b)section 5 (living on earnings of male prostitution).

Theft Act 1968

33An offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape.

Criminal Law Act 1977

34An offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to have incestuous sexual intercourse).

Protection of Children Act 1978

35An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).

Customs and Excise Management Act 1979

36An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).

Criminal Justice Act 1988

37An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).

Sexual Offences Act 2003

38An offence under any of the following provisions of the Sexual Offences Act 2003—

(a)section 1 (rape);

(b)section 2 (assault by penetration);

(c)section 3 (sexual assault);

(d)section 4 (causing a person to engage in sexual activity without consent);

(e)section 5 (rape of a child under 13);

(f)section 6 (assault of a child under 13 by penetration);

(g)section 7 (sexual assault of a child under 13);

(h)section 8 (causing or inciting a child under 13 to engage in sexual activity);

(i)section 9 (sexual activity with a child);

(j)section 10 (causing or inciting a child to engage in sexual activity);

(k)section 11 (engaging in sexual activity in the presence of a child);

(l)section 12 (causing a child to watch a sexual act);

(m)section 13 (child sex offences committed by children or young persons);

(n)section 14 (arranging or facilitating commission of a child sex offence);

(o)section 15 (meeting a child following sexual grooming etc);

(p)section 15A (sexual communication with a child);

(q)section 16 (abuse of position of trust: sexual activity with a child);

(r)section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity);

(s)section 18 (abuse of position of trust: sexual activity in the presence of a child);

(t)section 19 (abuse of position of trust: causing a child to watch a sexual act);

(u)section 25 (sexual activity with a child family member);

(v)section 26 (inciting a child family member to engage in sexual activity);

(w)section 30 (sexual activity with a person with a mental disorder impeding choice);

(x)section 31 (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity);

(y)section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice);

(z)section 33 (causing a person with a mental disorder impeding choice to watch a sexual act);

(aa)section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder);

(ab)section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception);

(ac)section 36 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder);

(ad)section 37 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception);

(ae)section 38 (care workers: sexual activity with a person with a mental disorder);

(af)section 39 (care workers: causing or inciting sexual activity);

(ag)section 40 (care workers: sexual activity in the presence of a person with a mental disorder);

(ah)section 41 (care workers: causing a person with a mental disorder to watch a sexual act);

(ai)section 47 (paying for sexual services of a child);

(aj)section 48 (causing or inciting sexual exploitation of a child);

(ak)section 49 (controlling a child in relation to sexual exploitation);

(al)section 50 (arranging or facilitating sexual exploitation of a child);

(am)section 52 (causing or inciting prostitution for gain);

(an)section 53 (controlling prostitution for gain);

(ao)section 57 (trafficking into the UK for sexual exploitation);

(ap)section 58 (trafficking within the UK for sexual exploitation);

(aq)section 59 (trafficking out of the UK for sexual exploitation);

(ar)section 59A (trafficking for sexual exploitation);

(as)section 61 (administering a substance with intent);

(at)section 62 (committing an offence with intent to commit a sexual offence);

(au)section 63 (trespass with intent to commit a sexual offence);

(av)section 64 (sex with an adult relative: penetration);

(aw)section 65 (sex with an adult relative: consenting to penetration);

(ax)section 66 (exposure);

(ay)section 67 (voyeurism);

(az)section 69 (intercourse with an animal);

(ba)section 70 (sexual penetration of a corpse).

Modern Slavery Act 2015

39An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

Inchoate offences

40An inchoate offence (see section 398) in relation to any offence specified in this Part of this Schedule.

PART 3Specified terrorism offences

Terrorism Act 2000

41An offence under any of the following provisions of the Terrorism Act 2000—

(a)section 11 (membership of a proscribed organisation);

(b)section 12 (inviting support for a proscribed organisation);

(c)section 54 (weapons training);

(d)section 56 (directing terrorist organisation);

(e)section 57 (possession of article for terrorist purposes);

(f)section 58 (collection of information likely to be of use to a terrorist);

(g)section 58A (publishing information about members of the armed forces);

(h)section 58B (entering or remaining in a designated area);

(i)section 59 (inciting terrorism overseas).

Anti-terrorism, Crime and Security Act 2001

42An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a)section 47 (use etc of nuclear weapons);

(b)section 50 (assisting or inducing certain weapons-related acts overseas);

(c)section 113 (use of noxious substance or thing to cause harm or intimidate).

Terrorism Act 2006

43An offence under any of the following provisions of the Terrorism Act 2006—

(a)section 1 (encouragement of terrorism);

(b)section 2 (dissemination of terrorist publications);

(c)section 5 (preparation of terrorist acts);

(d)section 6 (training for terrorism);

(e)section 8 (attendance at a place used for terrorist training);

(f)section 9 (making or possession of radioactive device or material);

(g)section 10 (misuse of radioactive device or material for terrorist purposes etc);

(h)section 11 (terrorist threats relating to radioactive devices etc).

Inchoate offences

44An inchoate offence (see section 398) in relation to any offence specified in this Part of this Schedule.

Section 307

SCHEDULE 19Schedule 19 offences

Common law offences

1Manslaughter.

2Kidnapping.

3False imprisonment.

Offences against the Person Act 1861

4An offence under any of the following provisions of the Offences against the Person Act 1861—

(a)section 4 (soliciting murder);

(b)section 18 (wounding with intent to cause grievous bodily harm);

(c)section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);

(d)section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);

(e)section 28 (causing bodily injury by explosives);

(f)section 29 (using explosives etc with intent to do grievous bodily harm);

(g)section 32 (endangering the safety of railway passengers).

Explosive Substances Act 1883

5An offence under either of the following provisions of the Explosive Substances Act 1883—

(a)section 2 (causing explosion likely to endanger life or property);

(b)section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

6An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances) committed on or after 13 April 2015.

Infant Life (Preservation) Act 1929

7An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

Infanticide Act 1938

8An offence under section 1 of the Infanticide Act 1938 (infanticide).

Firearms Act 1968

9An offence under any of the following provisions of the Firearms Act 1968—

(a)section 16 (possession of firearm with intent to endanger life);

(b)section 17(1) (use of firearm to resist arrest);

(c)section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(d)section 18 (carrying a firearm with criminal intent).

Theft Act 1968

10An offence under either of the following provisions of the Theft Act 1968—

(a)section 8 (robbery or assault with intent to rob);

(b)section 10 (aggravated burglary).

Criminal Damage Act 1971

11An offence of arson under section 1 of the Criminal Damage Act 1971.

12An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

Taking of Hostages Act 1982

13An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Aviation Security Act 1982

14An offence under any of the following provisions of the Aviation Security Act 1982—

(a)section 1 (hijacking);

(b)section 2 (destroying, damaging or endangering safety of aircraft);

(c)section 3 (other acts endangering or likely to endanger safety of aircraft).

Criminal Justice Act 1988

15An offence under section 134 of the Criminal Justice Act 1988 (torture).

Aviation and Maritime Security Act 1990

16An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a)section 1 (endangering safety at aerodromes);

(b)section 9 (hijacking of ships);

(c)section 10 (seizing or exercising control of fixed platforms);

(d)section 11 (destroying fixed platforms or endangering their safety);

(e)section 12 (other acts endangering or likely to endanger safe navigation);

(f)section 13 (offences involving threats).

Channel Tunnel (Security) Order 1994

17An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S. I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Terrorism Act 2000

18An offence under any of the provisions of the Terrorism Act 2000 listed in column 1 of the following table that meets the condition listed in relation to it in column 2—

Provision of the Terrorism Act 2000Condition
(a) Section 54 (weapons training)The offence was committed on or after 13 April 2015
(b) Section 56 (directing terrorist organisation)The offence was committed on or after 12 January 2010.
(c) Section 59 (inciting terrorism overseas)The offence was committed on or after 12 January 2010 and the offender is liable on conviction on indictment to imprisonment for life.

Anti-terrorism, Crime and Security Act 2001

19An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001 committed on or after 12 January 2010—

(a)section 47 (use etc of nuclear weapons);

(b)section 50 (assisting or inducing certain weapons-related acts overseas).

Sexual Offences Act 2003

20An offence under any of the provisions of the Sexual Offences Act 2003 listed in column 1 of the following table that meets the condition (if any) listed in relation to it in column 2—

Provision of the Sexual Offences Act 2003Condition
(a) Section 1 (rape)
(b) Section 2 (assault by penetration)
(c) Section 4 (causing a person to engage in sexual activity without consent)The offender is liable on conviction on indictment to imprisonment for life
(d) Section 5 (rape of a child under 13)
(e) Section 6 (assault of a child under 13 by penetration)
(f) Section 8 (causing or inciting a child under 13 to engage in sexual activity)The offender is liable on conviction on indictment to imprisonment for life
(g) Section 30 (sexual activity with a person with a mental disorder impeding choice)