Criminal Justice and Immigration Act 2008

Yn ddilys o 01/04/2009

1 Youth rehabilitation orders E+W

(1) Where a person aged under 18 is convicted of an offence, the court by or before which the person is convicted may in accordance with Schedule 1 make an order (in this Part referred to as a “youth rehabilitation order”) imposing on the person any one or more of the following requirements—

(a) an activity requirement (see paragraphs 6 to 8 of Schedule 1),

(b) a supervision requirement (see paragraph 9 of that Schedule),

(c) in a case where the offender is aged 16 or 17 at the time of the conviction, an unpaid work requirement (see paragraph 10 of that Schedule),

(d) a programme requirement (see paragraph 11 of that Schedule),

(e) an attendance centre requirement (see paragraph 12 of that Schedule),

(f) a prohibited activity requirement (see paragraph 13 of that Schedule),

(g) a curfew requirement (see paragraph 14 of that Schedule),

(h) an exclusion requirement (see paragraph 15 of that Schedule),

(i) a residence requirement (see paragraph 16 of that Schedule),

(j) a local authority residence requirement (see paragraph 17 of that Schedule),

(k) a mental health treatment requirement (see paragraph 20 of that Schedule),

(l) a drug treatment requirement (see paragraph 22 of that Schedule),

(m) a drug testing requirement (see paragraph 23 of that Schedule),

(n) an intoxicating substance treatment requirement (see paragraph 24 of that Schedule), and

(o) an education requirement (see paragraph 25 of that Schedule).

(2) A youth rehabilitation order—

(a) may also impose an electronic monitoring requirement (see paragraph 26 of Schedule 1), and

(b) must do so if paragraph 2 of that Schedule so requires.

(3) A youth rehabilitation order may be—

(a) a youth rehabilitation order with intensive supervision and surveillance (see paragraph 3 of Schedule 1), or

(b) a youth rehabilitation order with fostering (see paragraph 4 of that Schedule).

(4) But a court may only make an order mentioned in subsection (3)(a) or (b) if—

(a) the court is dealing with the offender for an offence which is punishable with imprisonment,

(b) the court is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that, but for paragraph 3 or 4 of Schedule 1, a custodial sentence would be appropriate (or, if the offender was aged under 12 at the time of conviction, would be appropriate if the offender had been aged 12), and

(c) if the offender was aged under 15 at the time of conviction, the court is of the opinion that the offender is a persistent offender.

(5) Schedule 1 makes further provision about youth rehabilitation orders.

(6) This section is subject to—

(a) sections 148 and 150 of the Criminal Justice Act 2003 (c. 44) (restrictions on community sentences etc.), and

(b) the provisions of Parts 1 and 3 of Schedule 1.