Criminal Justice Act 1991

67 Attendance centre orders. E+W

(1) In section 17 of the 1982 Act (maximum number of hours at attendance centre for persons of different ages)—

(a) subsection (3) shall cease to have effect; and

(b) in subsection (5), for the words “17 years”, in both places where they occur, there shall be substituted the words “16 years”.

(2) In section 18 of that Act (discharge and variation of attendance centre orders), after subsection (4) there shall be inserted the following subsection—

“(4A) The power to discharge an attendance centre order includes power to deal with the offender, for the offence in respect of which the order was made, in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made.”

(3) In subsection (6)(b) of that section, the words “if the court is satisfied that the offender proposes to change or has changed his residence” shall cease to have effect.

(4) In subsection (3) of section 19 of that Act (breaches of attendance centre orders or attendance centre rules), after the words “that court” there shall be inserted the words “may, without prejudice to the continuation of the order, impose on him a fine not exceeding £1,000 or”.

(5) After that subsection there shall be inserted the following subsection—

“(3A) Section 18 of the Criminal Justice Act 1991 (fixing of certain fines by reference to units) shall apply for the purposes of subsection (3) above as if the failure to attend or the breach of the rules were a summary offence punishable by a fine not exceeding level 3 on the standard scale; and a fine imposed under that subsection shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.”

(6) After subsection (5) of that section there shall be inserted the following subsection—

“(5A) In dealing with an offender under subsection (3)(a) or (5) above, the court concerned—

(a) shall take into account the extent to which the offender has complied with the requirements of the attendance centre order; and

(b) may assume, in the case of an offender who has wilfully and persistently failed to comply with those requirements, that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent.”

Commencement Information

I1 S. 67 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.