Criminal Justice and Immigration Act 2008

Yn ddilys o 30/11/2009

4 Meaning of “the responsible officer” E+W

(1) For the purposes of this Part, “the responsible officer”, in relation to an offender to whom a youth rehabilitation order relates, means—

(a) in a case where the order—

(i) imposes a curfew requirement or an exclusion requirement but no other requirement mentioned in section 1(1), and

(ii) imposes an electronic monitoring requirement,

the person who under paragraph 26(4) of Schedule 1 is responsible for the electronic monitoring required by the order;

(b) in a case where the only requirement imposed by the order is an attendance centre requirement, the officer in charge of the attendance centre in question;

(c) in any other case, the qualifying officer who, as respects the offender, is for the time being responsible for discharging the functions conferred by this Part on the responsible officer.

(2) In this section “qualifying officer”, in relation to a youth rehabilitation order, means—

(a) a member of a youth offending team established by a local authority for the time being specified in the order for the purposes of this section, or

(b) an officer of a local probation board appointed for or assigned to the local justice area for the time being so specified or (as the case may be) an officer of a provider of probation services acting in the local justice area for the time being so specified.

(3) The Secretary of State may by order—

(a) amend subsections (1) and (2), and

(b) make any other amendments of—

(i) this Part, or

(ii) Chapter 1 of Part 12 of the Criminal Justice Act 2003 (c. 44) (general provisions about sentencing),

that appear to be necessary or expedient in consequence of any amendment made by virtue of paragraph (a).

(4) An order under subsection (3) may, in particular, provide for the court to determine which of two or more descriptions of responsible officer is to apply in relation to any youth rehabilitation order.