Sentencing Act 2020

PART 2 E+W+N.I. Requirements etc: availability and modifications of Schedule 6

Requirements: availability and restrictions E+W+N.I.

3 E+W+N.I. This Part of this Schedule applies where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule.

Commencement Information

I1 Sch. 8 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 E+W+N.I. The order must not impose either of the following requirements—

(a) a local authority residence requirement;

(b) a fostering requirement.

Commencement Information

I2 Sch. 8 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 (1) The order must not impose a locally based requirement unless it appears to the court that— E+W+N.I.

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an activity requirement (including an extended activity requirement);

(b) an unpaid work requirement;

(c) a programme requirement;

(d) an attendance centre requirement;

(e) a mental health treatment requirement;

(f) a drug treatment requirement;

(g) a drug testing requirement;

(h) an education requirement;

(i) an electronic monitoring requirement.

Commencement Information

I3 Sch. 8 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 E+W+N.I. The number of hours, days or months in respect of which any requirement of the order is imposed must not be greater than the number of hours, days or months in respect of which a court in Northern Ireland could impose a similar requirement in a corresponding order.

Commencement Information

I4 Sch. 8 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Further provisions where offender resides or will reside in Northern Ireland E+W+N.I.

7 E+W+N.I. In a case where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule, Chapter 1 of this Part of this Code (youth rehabilitation orders) has effect as if—

(a) any reference to the responsible officer were a reference to the person who is to be responsible for the offender's supervision under the order;

(b) section 188 (offender's home local justice area to be specified in order) were omitted;

(c) the following provisions of Schedule 6 were omitted—

(i) paragraph 8(a)(i) (consultation of member of youth offending team);

(ii) paragraphs 8(b), 11(1)(b) and 15(a) (availability of arrangements in local area: activity requirement, unpaid work requirement and attendance centre requirement);

(iii) paragraph 23(4) (residence requirement: restriction on requiring residence at hostel or other institution);

(iv) paragraphs 32(1)(b) and (3) and 35(2)(a) and (3) (availability of requirements to be notified by Secretary of State: drug treatment and testing and electronic monitoring);

(v) paragraph 42(2) (persons responsible for electronic monitoring);

(vi) paragraph 44(2) and (3) (availability of requirements for electronic monitoring);

(d) in Part 5 of that Schedule (attendance centre requirement), any reference to an attendance centre were to an attendance centre as defined by Article 50(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N. I. 9));

(e) in paragraph 28 of that Schedule (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

““in-patient treatment” means treatment as a resident patient at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)), approved by the Department of Health in Northern Ireland for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));”;

(f) in Part 16 of that Schedule (education requirement) references to a relevant authority were to the Education Authority established under section 1 of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.)).

Commencement Information

I5 Sch. 8 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2