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Version Superseded: 30/09/1998
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(1)Subject to subsections (3) and (4) below, where a court—
(a)would have power, but for section 1 above, to pass a sentence of imprisonment on a person who is under 21 years of age or to commit such a person to prison in default of payment of any sum of money or for failing to do or abstain from doing anything required to be done or left undone; or
(b)has power to deal with any such person under[F1Part II of Schedule 2 to the Criminal Justice Act 1991] for failure to comply with any of the requirements of a probation order, [F2or
(c)has power to commit to prison for default in payment of any sum of money a person who is under 25 but is not less than 21 years of age,]
the court may, if it has been notified by the Secretary of state that an attendance centre is available for the reception of persons of his description, order him to attend at such a centre, to be specified in the order, for such number of hours as may be so specified.
(2)An order under this section is referred to in this Act as an “attendance centre order".
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The aggregate number of hours for which an attendance centre order may require an offender to attend at an attendance centre shall not be less than 12 except where he is under 14 years of age and the court is of opinion that 12 hours would be excessive, having regard to his age or any other circumstances.
(5)The aggregate number of hours shall not exceed 12 except where the court is of opinion, having regard to all the circumstances, that 12 hours would be inadequate, and in that case shall not exceed 24 where the offender is under[F416 years] of age, or 36 hours where the offender is under 21 [F5or, as the case may be, 25] but not less than[F416 years] of age.
(6)A court may make an attendance centre order in respect of an offender before a previous attendance centre order made in respect of him has ceased to have effect, and may determine the number of hours to be specified in the order without regard—
(a)to the number specified in the previous order; or
(b)to the fact that that order is still in effect.
(7)An attendance centre order shall not be made unless the court is satisfied that the attendance centre to be specified in it is reasonably accessible to the person concerned, having regard to his age, the means of access available to him and any other circumstances.
(8)The times at which an offender is required to attend at an attendance centre shall be such as to avoid interference, so far as practicable, with his school hours or working hours.
(9)The first such time shall be a time at which the centre is available for the attendance of the offender in accordance with the notification of the Secretary of State and shall be specified in the order.
(10)The subsequent times shall be fixed by the officer in charge of the centre, having regard to the offender’s circumstances.
(11)An offender shall not be required under this section to attend at an attendance centre on more than one occasion on any day, or for more than three hours on any occasion.
(12)Where a court makes an attendance centre order, the clerk of the court shall deliver or send a copy of the order to the officer in charge of the attendance centre specified in it, and shall also deliver a copy to the offender or send a copy by registered post or the recorded delivery service addressed to the offender’s last or usual place of abode.
(13)Where an offender has been ordered to attend at an attendance centre in default of the payment of any sum of money—
(a)on payment of the whole sum to any person authorised to receive it, the attendance centre order shall cease to have effect;
(b)on payment of a part of the sum to any such person, the total number of hours for which the offender is required to attend at the centre shall be reduced proportionately, that is to say by such number of complete hours as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part bears to the said sum.
Textual Amendments
F1Words in s. 17(1) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 34; S.I. 1992/333, art. 2(2), Sch. 2
F2Words in s. 17(1) inserted (1.10.1997) by 1997 c. 43, s. 36(1); S.I. 1997/2200, art. 2(1)(f)
F3S. 17(3) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 67(1)(a), 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
F4Words in s. 17(5) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 67(1)(b), S.I. 1992/333, art. 2(2), Sch. 2
F5Words in s. 17(5) inserted (1.10.1997) by 1997 c. 43, s. 36(2); S.I. 1997/2200, art. 2(1)(f)
Modifications etc. (not altering text)
C1S. 17 applied with modifications by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 16A (as added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 128, Sch. 8 para. 16, Sch. 10 Pt. IV)
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