The Youth Justice Board for England and Wales (Amendment) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Youth Justice Board for England and Wales Order 2000 (SI 2000/1160) (“the 2000 Order”) which conferred new functions on the Youth Justice Board for England and Wales (“the Board”) by, among other things, providing that certain functions in relation to the youth justice system should be exercisable by the Board concurrently with the Secretary of State.

The Order updates legislative references in the 2000 Order on sentencing to those currently in force (article 2(2) and 2(3)(a) and (b)) and adds, in article 2(3)(c), to the functions which the Board may exercise concurrently with the Secretary of State —

• the placement of persons aged under 18 who have been sentenced to be detained at Her Majesty’s Pleasure or for a period of long term detention;

• additional powers under the Secure Training Centre Rules 1998;

• the power to enter into contracts for the provision and running of Young Offender Institutions and related powers connected with the running of such establishments, including, where such a contract has been entered into, under the Young Offender Institution Rules 2000; and

• the power, where a person under 17 is remanded or committed to local authority accommodation and a security requirement is imposed, to consent to the person being detained in a secure training centre.

Article 3 of this Order makes a consequential change to the Young Offender Institution Rules 2000. It would allow, where the Board have entered into a contract for the provision or running or both of a young offender institution for persons under 18, for the director of that establishment to make a disclosure of certain information to an officer of the Board.