Sentencing Act 2020

CHAPTER 2 Reparation orders for offenders aged under 18

109 Reparation order

(1) In this Code “reparation order” means an order made under this Chapter in respect of an offence which imposes requirements on the offender to make reparation for the offence to—

(a) a particular person or particular persons, or

(b) the community at large.

(2) In this Chapter, references to making reparation for an offence are to making reparation for the offence otherwise than by the payment of compensation.

110 Reparation order: availability

(1) A reparation order is available to a court dealing with an offender for an offence where—

(a) the offender is aged under 18 when convicted,

(b) the offence is not an offence the sentence for which is fixed by law, and

(c) the court is not proposing to—

(i) impose a custodial sentence,

(ii) make a youth rehabilitation order, or

(iii) make a referral order.

(2) But a reparation order is not available unless the court has been notified by the Secretary of State that arrangements for implementing reparation orders are available in the area in which it appears to the court that the offender resides or will reside (and the notice has not been withdrawn).

(3) A reparation order is not available if the offender is subject to a youth rehabilitation order, unless when it makes the reparation order the court revokes the youth rehabilitation order.

(4) For the power of the court to revoke the youth rehabilitation order, see Part 5 of Schedule 7 (powers of court in relation to youth rehabilitation order following subsequent conviction).

111 Requirement to consider report before making a reparation order

(1) This section applies where a court proposes to make a reparation order in respect of an offence.

(2) Before making the order, the court must obtain and consider a written report by—

(a) an officer of a provider of probation services,

(b) a social worker of a local authority, or

(c) a member of a youth offending team.

(3) The report must indicate—

(a) the type of work that is suitable for the offender, and

(b) the attitude of the victim or victims to requirements proposed to be included in the reparation order.

112 Requirements to make reparation to be specified in order

(1) This section applies where a court makes a reparation order in respect of an offence.

(2) The reparation order must—

(a) specify the requirements with which the offender must comply, and

(b) if those requirements require reparation to be made to a particular person or particular persons, specify that person or those persons.

(3) The requirements must be such as in the opinion of the court are commensurate with the seriousness of—

(a) the offence, or

(b) the combination of the offence and one or more associated offences.

This is subject to subsections (5) and (6).

(4) Any person specified under subsection (2)(b) must be a person identified by the court as—

(a) a victim of the offence, or

(b) a person otherwise affected by it.

(5) The reparation order may not impose a requirement to make reparation to a particular person without the consent of that person.

(6) The requirements must be requirements to make reparation which—

(a) may require the offender to perform work, but

(b) if they do, must not require the offender to work for more than 24 hours in aggregate.

(7) The requirements must, so far as practicable, be such as to avoid—

(a) any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment,

(b) any conflict with the offender’s religious beliefs, and

(c) any conflict with the requirements of any other court order to which the offender may be subject.

113 Other provision to be specified in a reparation order

(1) This section applies where a court makes a reparation order.

(2) The reparation order must specify the local justice area in which it appears to the court making the order that the offender resides or will reside.

(3) The reparation order must specify the responsible officer.

(4) The person specified as the responsible officer must be—

(a) an officer of a provider of probation services acting in the offender’s home local justice area,

(b) a social worker of the local authority in whose area it appears to the court that the offender resides or will reside, or

(c) a member of a youth offending team established by that local authority.

114 Making reparation

(1) The offender must perform the requirements of the reparation order under the supervision of the responsible officer.

(2) Any requirements to make reparation imposed by a reparation order must be completed within the period of 3 months beginning with the day on which the order is made.

115 Breach, revocation or amendment of reparation order

Schedule 5 makes provision about breach, revocation and amendment of reparation orders.

116 Reparation orders: interpretation

In this Chapter—

(a) references to making reparation are to be read in accordance with section 109(2);

(b) “offender’s home local justice area” means the local justice area for the time being specified in the reparation order under section 113 or by virtue of an order under paragraph 5(4)(b)(ii) of Schedule 5;

(c) the “responsible officer” means the responsible officer for the time being specified in the reparation order under that section or by virtue of an order under that paragraph;

(d) references to breach of a requirement of a reparation order include references to a failure to comply with the requirement.