SCHEDULES

SCHEDULE 4Youth rehabilitation orders: consequential and related amendments

Part 1Consequential amendments

Criminal Justice Act 1982

I127

1

Paragraph 7 (transfer to England and Wales) is amended as follows.

2

In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such orders” substitute “ an unpaid work requirement of a community order under section 177 of the Criminal Justice Act 2003 or youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.

3

In sub-paragraph (2)(b)—

a

after “a community order” insert “ or a youth rehabilitation order ”, and

b

omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

4

In sub-paragraph (3)—

a

for “A community service order” substitute “ An adult community service order ”, and

b

in paragraph (b)—

i

omit “within the meaning of Part 12 of the Criminal Justice Act 2003”, and

ii

for “by that Part of that Act” substitute “ by Part 12 of the Criminal Justice Act 2003 ”.

5

After sub-paragraph (3) insert—

4

A youth community service order made or amended in accordance with this paragraph shall—

a

specify the local justice area in England or Wales in which the offender resides or will be residing when the order or the amendment comes into force; and

b

require—

i

the local probation board for that area established under section 4 of the Criminal Justice and Court Services Act 2000 or (as the case may be) a provider of probation services operating in that area, or

ii

a youth offending team established under section 39 of the Crime and Disorder Act 1998 by a local authority for the area in which the offender resides or will be residing when the order or amendment comes into force,

to appoint a person who will discharge in respect of the order the functions in respect of youth rehabilitation orders conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008.

5

The person appointed under sub-paragraph (4)(b) must be—

a

where the appointment is made by a local probation board, an officer of that board;

b

where the appointment is made by a provider of probation services, an officer of that provider;

c

where the appointment is made by a youth offending team, a member of that team.