Criminal Justice and Immigration Act 2008

Local authority residence requirement

17 (1) In this Part of this Act, “local authority residence requirement”, in relation to a youth rehabilitation order, means a requirement that, during the period specified in the order, the offender must reside in accommodation provided by or on behalf of a local authority specified in the order for the purposes of the requirement.

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

(3) A court may not include a local authority residence requirement in a youth rehabilitation order made in respect of an offence unless it is satisfied—

(a) that the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and

(b) that the imposition of that requirement will assist in the offender’s rehabilitation.

(4) A court may not include a local authority residence requirement in a youth rehabilitation order unless it has consulted—

(a) a parent or guardian of the offender (unless it is impracticable to consult such a person), and

(b) the local authority which is to receive the offender.

(5) A youth rehabilitation order which imposes a local authority residence requirement must specify, as the local authority which is to receive the offender, the local authority in whose area the offender resides or is to reside.

(6) Any period specified in a youth rehabilitation order as a period for which the offender must reside in accommodation provided by or on behalf of a local authority must—

(a) not be longer than 6 months, and

(b) not include any period after the offender has reached the age of 18.