Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Part IVU.K. [F1Youth community orders] and reparation orders

Textual Amendments

F1Words in Pt. IV heading substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 94; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

Modifications etc. (not altering text)

C1Pt. IV applied (with modifications) (25.8.2000) by 1997 c. 43, s. 35(4)(b)(5) (as substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(3))

Chapter IE+W [F2Youth community orders]: general provisions

Textual Amendments

F2Words in Pt. IV Ch. I heading substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 94; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

[F333 Meaning of “youth community order” and “community sentence”E+W

(1)In this Act “youth community order” means any of the following orders—

(a)a curfew order;

(b)an exclusion order;

(c)an attendance centre order;

(d)a supervision order;

(e)an action plan order.

(2)In this Act “community sentence” means a sentence which consists of or includes—

(a)a community order under section 177 of the Criminal Justice Act 2003, or

(b)one or more youth community orders.]

Textual Amendments

F3S. 33 substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 95; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F434 Community orders not available where sentence fixed by law etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Ss. 34-36A repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F435 Restrictions on imposing community sentences.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F436 Procedural requirements for community sentences: pre-sentence reports etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F436A Pre-sentence drug testing.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F536B Electronic monitoring of requirements in [F6youth community orders].E+W

(1)Subject to subsections (2) [F7and (3)] below, a [F8youth community order] may include requirements for securing the electronic monitoring of the offender’s compliance with any other requirements imposed by the order.

(2)A court shall not include in a [F9youth community order] a requirement under subsection (1) above unless the court—

(a)has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant areas specified in subsections (7) to (10) below; and

(b)is satisfied that the necessary provision can be made under those arrangements.

(3)Where—

(a)it is proposed to include in an exclusion order a requirement for securing electronic monitoring in accordance with this section; but

(b)there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

the requirement shall not be included in the order without that person’s consent.

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)An order which includes requirements under subsection (1) above shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

(6)The Secretary of State may make rules for regulating—

(a)the electronic monitoring of compliance with requirements included in a [F11youth community order]; and

(b)without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with requirements included in the order.

(7)In the case of a curfew order or an exclusion order, the relevant area is the area in which the place proposed to be specified in the order is situated.

In this subsection, “place”, in relation to an exclusion order, has the same meaning as in section 40A below.

F10(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In the case of F12..., a supervision order or an action plan order, the relevant area is the [F13local justice area] proposed to be specified in the order.

(10)In the case of an attendance centre order, the relevant area is the [F13local justice area] in which the attendance centre proposed to be specified in the order is situated.]

Textual Amendments

F5S. 36B inserted (20.6.2001, 2.7.2001 and 2.9.2004 for specified purposes) by 2000 c. 43, ss. 52, 80(1); S.I. 2001/2232, art. 2(e); S.I. 2004/2171, art. 2

F6Words in s. 36B heading substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 96(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F7Words in s. 36B(1) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 96(3)(a); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F8Words in s. 36B(1) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 96(3)(b); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F9Words in s. 36B(2) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 96(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F10S. 36B(4)(8) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F11Words in s. 36B(6)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 96(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F12Words in s. 36B(9) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F13Words in s. 36B(9)(10) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 66

Chapter IIE+WCommunity orders available for offenders of any age

Curfew ordersE+W

37 Curfew orders.E+W

(1)Where a person [F14aged under 16] is convicted of an offence, the court by or before which he is convicted may (subject to [F15sections 148, 150 and 156 of the Criminal Justice Act 2003]) make an order requiring him to remain, for periods specified in the order, at a place so specified.

(2)An order under subsection (1) above is in this Act referred to as a “curfew order”.

(3)A curfew order may specify different places or different periods for different days, but shall not specify—

(a)periods which fall outside the period of six months beginning with the day on which it is made; or

(b)periods which amount to less than two hours or more than twelve hours in any one day.

(4)[F16In relation to an offender aged under 16 on conviction, subsection (3)(a) above shall have effect as if the reference to six months were a reference to three months.]

(5)The requirements in a curfew order shall, as far as practicable, be such as to avoid—

(a)any conflict with the offender’s religious beliefs or with the requirements of any other [F17youth community order] to which he may be subject; and

(b)any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(6)A curfew order shall include provision for making a person responsible for monitoring the offender’s whereabouts during the curfew periods specified in the order; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

(7)A court shall not make a curfew order unless the court has been notified by the Secretary of State that arrangements for monitoring the offender’s whereabouts are available in the area in which the place proposed to be specified in the order is situated and the notice has not been withdrawn.

(8)Before making a curfew order, the court shall obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).

(9)Before making a curfew order in respect of an offender F18..., the court shall obtain and consider information about his family circumstances and the likely effect of such an order on those circumstances.

F19(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)The court by which a curfew order is made shall give a copy of the order to the offender and to the responsible officer.

[F20(12)In this Act, “responsible officer”, in relation to an offender subject to a curfew order, means—

(a)where the offender is also subject to a supervision order, the person who is the supervisor in relation to the supervision order, and

(b)in any other case, the person who is responsible for monitoring the offender’s whereabouts during the curfew periods specified in the order.]

Textual Amendments

F14Words in s. 37(1) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 97(2)(a); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F15Words in s. 37(1) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 97(2)(b); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F16S. 37(4) repealed (30.9.2004 for specified purposes) by Anti-social Behaviour Act 2003 (c. 38), s. 93, Sch. 2 para. 2(2), Sch. 3; S.I. 2004/2168, art. 3

F17Words in s. 37(5)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 97(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F18Words in s. 37(9) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F19S. 37(10) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 97(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(34)44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F20S. 37(12) substituted (30.9.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 93, Sch. 2 para. 2(3); S.I. 2004/2168, art. 2(a)(iii)

Modifications etc. (not altering text)

C2S. 37(1)(3)(5)-(8)(10)-(12) applied (with modifications) (25.8.2000) by 1997 c. 43, s. 35(7)(8) (as substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(4))

F2138Electronic monitoring of curfew orders.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21S. 38 repealed (20.6.2001 for specified purposes, otherwise 2.7.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 163, Sch. 8; S.I. 2001/2232, art. 2(k)(m)(iv)(n)

39 Breach, revocation and amendment of curfew orders.E+W

Schedule 3 to this Act (which makes provision for dealing with failures to comply with the requirements of certain [F22youth community orders], for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect so far as relating to curfew orders.

Textual Amendments

F22Words in s. 39 substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 98; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

40 Curfew orders: supplementary.E+W

(1)The Secretary of State may make rules for regulating—

(a)the monitoring of the whereabouts of persons who are subject to curfew orders F23. . .; and

(b)without prejudice to the generality of paragraph (a) above, the functions of the responsible officers of persons who are subject to curfew orders.

(2)The Secretary of State may by order direct—

(a)that subsection (3) of section 37 above shall have effect with the substitution, for any period there specified, of such period as may be specified in the order; or

(b)that subsection (5) of that section shall have effect with such additional restrictions as may be so specified.

[F24(3)An order under subsection (2)(a) above may make in paragraphs 2A(4) and (5) and 19(3) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.]

Textual Amendments

F23Words in s. 40(1)(a) repealed (1.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 164(a), Sch. 8; S.I. 2001/2232, art. 2(k)(m)(v)(n)

F24S. 40(3) inserted (20.6.2001 for certain purposes and 2.7.2001 for certain further purposes and otherwiseprosp.) by 2000 c. 43, ss. 74, 80(1), Sch. 7 Pt. II para. 164(b); S.I. 2001/2232, art. 2(m)(v)

[F25Exclusion ordersE+W

Textual Amendments

F25Ss. 40A-40C and cross-heading inserted (2.9.2004) by Criminal Justice and Courts Services Act 2000 (c. 43), ss. 46, 80(1); S.I. 2004/2171, art. 2

40A Exclusion orders.E+W

(1)Where a person [F26aged under 16] is convicted of an offence, the court by or before which he is convicted may (subject to [F27sections 148, 150 and 156 of the Criminal Justice Act 2003]) make an order prohibiting him from entering a place specified in the order for a period so specified of not more than [F28three months].

(2)An order under subsection (1) above is in this Act referred to as an “exclusion order”.

(3)An exclusion order—

(a)may provide for the prohibition to operate only during the periods specified in the order;

(b)may specify different places for different periods or days.

F29(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The requirements in an exclusion order shall, as far as practicable, be such as to avoid—

(a)any conflict with the offender’s religious beliefs or with the requirements of any other [F30youth community order] to which he may be subject; and

(b)any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(6)An exclusion order shall include provision for making a person responsible for monitoring the offender’s whereabouts during the periods when the prohibition operates; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

(7)An exclusion order shall specify the [F31local justice area] in which the offender resides or will reside.

(8)A court shall not make an exclusion order unless the court has been notified by the Secretary of State that arrangements for monitoring the offender’s whereabouts are available in the area in which the place proposed to be specified in the order is situated and the notice has not been withdrawn.

(9)Before making an exclusion order in respect of an offender F32..., the court shall obtain and consider information about his family circumstances and the likely effect of such an order on those circumstances.

F33(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)The court by which an exclusion order is made shall—

(a)give a copy of the order to the offender and the responsible officer; and

(b)give to any affected person any information relating to the order which the court considers it appropriate for him to have.

(12)In this section, “place” includes an area.

(13)For the purposes of this Act, a person is an affected person in relation to an exclusion order if—

(a)a requirement under section 36B(1) above is included in the order by virtue of his consent; or

(b)a prohibition is included in the order for the purpose (or partly for the purpose) of protecting him from being approached by the offender.

(14)In this Act, “responsible officer”, in relation to an offender subject to an exclusion order, means the person who is responsible for monitoring the offender’s whereabouts during the periods when the prohibition operates.

Textual Amendments

F26Words in s. 40A(1) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 100(2)(a); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F27Words in s. 40A(1) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 100(2)(b); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F28Words in s. 40A(1) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 100(2)(c); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F29S. 40A(4) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F30Words in s. 40A(5)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 100(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F31Words in s. 40A(7) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 67

F32Words in s. 40A(9) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F33S. 40A(10) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 100(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(34)44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

40B Breach, revocation and amendment of exclusion orders.E+W

Schedule 3 to this Act (which makes provision for dealing with failures to comply with the requirements of certain [F34youth community orders], for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect so far as relating to exclusion orders.

Textual Amendments

F34Words in s. 40B substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 101; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

40C Exclusion orders: supplementary.E+W

(1)The Secretary of State may make rules for regulating—

(a)the monitoring of the whereabouts of persons who are subject to exclusion orders; and

(b)without prejudice to the generality of paragraph (a) above, the functions of persons who are responsible officers in relation to offenders subject to exclusion orders.

(2)The Secretary of State may by order direct that section 40A(5) above shall have effect with such additional restrictions as may be specified in the order.]

Chapter IIIU.K.Community orders available only where offender aged 16 or over

Probation ordersU.K.

F3541Community rehabilitation orders.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35Pt. IV Ch. III repealed (4.4.2005 except in relation to a person aged 16 or 17 convicted of an offence, 4.4.2009 otherwise) by Criminal Justice Act 2003 (c. 44), ss. 303(d)(i), 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 22 (with Sch. 2 paras 7, 8, 12, 13) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (3.4.2007) by S.I. 2007/391, art. 2; (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l)); and s. 46, in so far as it is still in force, amended (1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(h); and ss. 41, 46, 47, 54, 57, in so far as they are still in force, amended (1.4.2008) by S.I. 2008/912, art. 1, Sch. 1 para. 14

F3542 Additional requirements which may be included in community rehabilitation orders.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3543 Breach, revocation and amendment of community rehabilitation orders.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3544 Offenders residing in Scotland or Northern Ireland.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3545Community rehabilitation orders: supplementary.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Community punishment ordersU.K.

F3546Community punishment orders.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3547 Obligations of person subject to community punishment order.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3548 Breach, revocation and amendment of community punishment orders.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3549 Offenders residing in Scotland or Northern Ireland.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3550Community punishment orders: supplementary.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Community punishment and rehabilitation ordersU.K.

F3551Community punishment and rehabilitation orders.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Drug treatment and testing ordersE+W

F3552 Drug treatment and testing orders.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3553 The treatment and testing requirements.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3554 Provisions of order as to supervision and periodic review.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3555 Periodic reviews.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3556 Breach, revocation and amendment of drug treatment and testing orders.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3557 Copies of orders.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3558 Drug treatment and testing orders: supplementary.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Drug abstinence ordersE+W

F3558A Drug abstinence orders.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3558B Drug abstinence orders: supplementary.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Orders for persistent petty offendersE+W

F3559 Curfew orders and community punishment orders for persistent petty offenders.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Chapter IVE+WAttendance centre orders: offenders under 21 and defaulters

60 Attendance centre orders.E+W

(1)Where—

(a)(subject to [F36sections 148, 150 and 156 of the Criminal Justice Act 2003]) a person aged under [F3716] is convicted by or before a court of an offence punishable with imprisonment, or

(b)a court would have power, but for section 89 below (restrictions on imprisonment of young offenders and defaulters), to commit a person aged under 21 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

(c)a court has power to commit a person aged at least 21 but under 25 to prison in default of payment of any sum of money,

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 subsection (1) above is in this Act referred to as an “attendance centre order”.

(3)The aggregate number of hours for which an attendance centre order may require a person to attend at an attendance centre shall not be less than 12 except where—

(a)he is aged under 14; and

(b)the court is of the opinion that 12 hours would be excessive, having regard to his age or any other circumstances.

(4)The aggregate number of hours shall not exceed 12 except where the court is of the opinion, having regard to all the circumstances, that 12 hours would be inadequate, and in that case—

(a)shall not exceed 24 where the person is aged under 16; and

(b)shall not exceed 36 where the person is aged 16 or over but under 21 or (where subsection (1)(c) above applies) under 25.

(5)A court may make an attendance centre order in respect of a person 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.

(6)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.

(7)The times at which a person is required to attend at an attendance centre shall, as far as practicable, be such as to avoid—

(a)any conflict with his religious beliefs or with the requirements of any other [F38youth community order] to which he may be subject; and

(b)any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(8)The first time at which the person is required to attend at an attendance centre shall be a time at which the centre is available for his attendance in accordance with the notification of the Secretary of State, and shall be specified in the order.

(9)The subsequent times shall be fixed by the officer in charge of the centre, having regard to the person’s circumstances.

(10)A person 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.

(11)Where a court makes an attendance centre order, the [F39[F40designated officer] for] the court shall—

(a)deliver or send a copy of the order to the officer in charge of the attendance centre specified in it; and

(b)deliver a copy of the order to the person in respect of whom it is made or send a copy by registered post or the recorded delivery service addressed to his last or usual place of abode.

(12)Where a person (“the defaulter”) 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 defaulter 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 whole sum.

Textual Amendments

F36Words in s. 60(1)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 102(2)(a); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F37Word in s. 60(1)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 102(2)(a); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F38Words in s. 60(7) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 102(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F39Words in s. 60(11) substituted (1.4.2001) by S.I. 2001/618, art. 5(4)

F40Words in s. 60(11) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 72

61 Breach, revocation and amendment of attendance centre orders.E+W

Schedule 5 to this Act (which makes provision for dealing with failures to comply with attendance centre orders, for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect.

F4162 Provision, regulation and management of attendance centres.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41S. 62 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

Chapter VE+WCommunity orders available only where offender aged under 18

Supervision ordersE+W

63 Supervision orders.E+W

(1)Where a child or young person (that is to say, any person aged under 18) is convicted of an offence, the court by or before which he is convicted may (subject to [F42sections 148, 150 and 156 of the Criminal Justice Act 2003]) make an order placing him under the supervision of—

(a)a local authority designated by the order;

(b)[F43an officer of a local probation board] [F44or an officer of a provider of probation services (as the case may be)]; or

(c)a member of a youth offending team.

(2)An order under subsection (1) above is in this Act referred to as a “supervision order”.

(3)In this Act “supervisor”, in relation to a supervision order, means the person under whose supervision the offender is placed or to be placed by the order.

(4)Schedule 6 to this Act (which specifies requirements that may be included in supervision orders) shall have effect.

(5)A court shall not make a supervision order unless it is satisfied that the offender resides or will reside in the area of a local authority; and a court shall be entitled to be satisfied that the offender will so reside if he is to be required so to reside by a provision to be included in the order in pursuance of paragraph 1 of Schedule 6 to this Act.

(6)A supervision order—

(a)shall name the area of the local authority and the [F45local justice area] in which it appears to the court making the order (or to the court amending under Schedule 7 to this Act any provision included in the order in pursuance of this paragraph) that the offender resides or will reside; and

(b)may contain such prescribed provisions as the court making the order (or amending it under that Schedule) considers appropriate for facilitating the performance by the supervisor of his functions under section 64(4) below, including any prescribed provisions for requiring visits to be made by the offender to the supervisor;

and in paragraph (b) above “prescribed” means prescribed by [F46Criminal Procedure Rules].

(7)A supervision order shall, unless it has previously been revoked, cease to have effect at the end of the period of three years, or such shorter period as may be specified in the order, beginning with the date on which the order was originally made.

(8)A court which makes a supervision order shall forthwith send a copy of its order—

(a)to the offender and, if the offender is aged under 14, to his parent or guardian;

(b)to the supervisor;

(c)to any local authority who are not entitled by virtue of paragraph (b) above to such a copy and whose area is named in the supervision order in pursuance of subsection (6) above;

(d)where the offender is required by the order to reside with an individual or to undergo treatment by or under the direction of an individual or at any place, to the individual or the person in charge of that place; and

[F47(e)where a local justice area named in the order in pursuance of subsection (6) above is not that in which the court acts, to the designated officer for the local justice area so named;]

and, in a case falling within paragraph (e) above, shall also send to the [F48designated officer] in question such documents and information relating to the case as the court considers likely to be of assistance to them.

(9)If a court makes a supervision order while another such order made by any court is in force in respect of the offender, the court making the new order may revoke the earlier order (and paragraph 10 of Schedule 7 to this Act (supplementary provision) shall apply to the revocation).

Textual Amendments

F42Words in s. 63(1) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 103; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F43Words in s. 63(1)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F44Words in s. 63(1)(b) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 14(9)

F45Words in s. 63(6)(a) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 73(a)

F46Words in s. 63(6) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 2(1), Sch. para. 41 (with art. 2(2))

F47S. 63(8)(e) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 73(b)

F48Words in s. 63(8) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 73(b)

64 Selection and duty of supervisor and certain expenditure of his.E+W

(1)A court shall not designate a local authority as the supervisor by a provision of a supervision order unless—

(a)the authority agree; or

(b)it appears to the court that the offender resides or will reside in the area of the authority.

(2)Where a provision of a supervision order places the offender under the supervision of [F49an officer of a local probation board], the supervisor shall be [F49an officer of a local probation board] appointed for or assigned to the [F50local justice area] named in the order in pursuance of section 63(6) above F51. . ..

[F52(2A)Where a provision of a supervision order places the offender under the supervision of an officer of a provider of probation services, the supervisor shall be an officer of a provider of probation services acting in the local justice area named in the order in pursuance of section 63(6) above.]

(3)Where a provision of a supervision order places the offender under the supervision of a member of a youth offending team, the supervisor shall be a member of a team established by the local authority within whose area it appears to the court that the offender resides or will reside.

(4)While a supervision order is in force, the supervisor shall advise, assist and befriend the offender.

(5)Where a supervision order—

(a)requires compliance with directions given by virtue of paragraph 2(1) of Schedule 6 to this Act, or

(b)includes by virtue of paragraph 3(2) of that Schedule a requirement which involves the use of facilities for the time being specified in a scheme in force under section 66 below for an area in which the offender resides or will reside,

any expenditure incurred by the supervisor for the purposes of the directions or requirements shall be defrayed by the local authority whose area is named in the order in pursuance of section 63(6) above.

Textual Amendments

F49Words in s. 64(2) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F50Words in s. 64(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 74

F51Words in s. 64(2) repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 174, Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g)

F52S. 64(2A) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 14(10)

[F5364ASupervision orders and curfew ordersE+W

Nothing in this Chapter prevents a court which makes a supervision order in respect of an offender from also making a curfew order in respect of him.]

Textual Amendments

F53S. 64A inserted (30.9.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 93, Sch. 2 para. 3; S.I. 2004/2168, art. 2(a)(iii)

65 Breach, revocation and amendment of supervision orders.E+W

Schedule 7 to this Act (which makes provision for dealing with failures to comply with supervision orders and for revoking and amending such orders) shall have effect.

66 Facilities for implementing supervision orders.E+W

(1)A local authority shall, acting either individually or in association with other local authorities, make arrangements with such persons as appear to them to be appropriate for the provision by those persons of facilities for enabling—

(a)directions given by virtue of paragraph 2(1) of Schedule 6 to this Act to persons resident in their area, and

(b)requirements that (because of paragraph 3(7) of that Schedule) may only be included in a supervision order by virtue of paragraph 3(2) of that Schedule if they are for the time being specified in a scheme,

to be carried out effectively.

(2)The authority or authorities making any arrangements in accordance with subsection (1) above shall consult each relevant [F54local probation board] [F55and each relevant provider of probation services] as to the arrangements.

(3)Any such arrangements shall be specified in a scheme made by the authority or authorities making them.

(4)A scheme shall come into force on a date to be specified in it.

(5)The authority or authorities making a scheme shall send copies of it to the [F56designated officer for each local justice area] of which any part is included in the area to which the scheme relates.

(6)A copy of the scheme shall be kept available at the principal office of every authority who are a party to it for inspection by members of the public at all reasonable hours; and any such authority shall on demand by any person supply him with a copy of the scheme free of charge.

(7)The authority or authorities who made a scheme may at any time make a further scheme altering the arrangements or specifying arrangements to be substituted for those previously specified.

(8)A scheme which specifies arrangements to be substituted for those specified in a previous scheme shall revoke the previous scheme.

(9)The powers conferred by subsection (7) above shall not be exercisable by an authority or authorities unless they have first consulted each relevant [F54local probation board] [F57and each relevant provider of probation services].

(10)The authority or authorities who made a scheme shall send to the [F58designated officer for each local justice area] of which any part is included in the area for which arrangements under this section have been specified in the scheme notice of any exercise of a power conferred by subsection (7) above, specifying the date for the coming into force, and giving details of the effect, of the new or altered arrangements; and the new or altered arrangements shall come into force on that date.

(11)Arrangements shall not be made under this section for the provision of any facilities unless the facilities are approved or are of a kind approved by the Secretary of State for the purposes of this section.

(12)In this section “relevant [F54local probation board]” means a [F54local probation board] for an area of which any part is included in the area to which a scheme under this section relates.

[F59(13)In this section “relevant provider of probation services” means a provider operating in the area to which a scheme under this section relates that is identified as such for the purposes of this section by arrangements under section 3 of the Offender Management Act 2007.]

Textual Amendments

F54Words in s. 66(2)(9)(12) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 175; S.I. 2001/919, art. 2(f)(ii)

F55Words in s. 66(2) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 14(11)(a)

F56Words in s. 66(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 75

F57Words in s. 66(9) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 14(11)(b)

F58Words in s. 66(10) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 75

F59S. 66(13) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 14(11)(c)

67 Meaning of “local authority”, “reside” and “parent”.E+W

(1)Unless the contrary intention appears, in sections 63 to 66 above and Schedules 6 and 7 to this Act—

“local authority” means the council of a county or of a county borough, metropolitan district or London borough or the Common Council of the City of London;
“reside” means habitually reside, and cognate expressions shall be construed accordingly except in paragraph 6(2) and (3) of Schedule 6.

(2)In the case of a child or young person—

(a)whose father and mother were not married to each other at the time of his birth, and

(b)with respect to whom a residence order is in force in favour of the father,

any reference in sections 63 to 66 and Schedules 6 and 7 to the parent of the child or young person includes a reference to the father.

(3)In subsection (2) above “residence order” has the meaning given by section 8(1) of the M1Children Act 1989, and subsection (2) above is without prejudice to the operation of section 1(1) of the M2Family Law Reform Act 1987 (construction of references to relationships) in relation to the provisions of this Act other than those mentioned in subsection (2).

Marginal Citations

M11989 c. 41.

M21987 c. 42.

68 Isles of Scilly.E+W

(1)In their application to the Isles of Scilly, the following provisions of this Act, namely—

(a)sections 63 to 67 and Schedules 6 and 7, and

(b)section 163 (definitions) in its application to those sections and Schedules,

shall have effect with such modifications as the Secretary of State may by order specify.

(2)An order under this section may—

(a)make different provision for different circumstances;

(b)provide for exemptions from any provisions of the order; and

(c)contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the order.

Action plan ordersE+W

69 Action plan orders.E+W

(1)Where a child or young person (that is to say, any person aged under 18) is convicted of an offence and the court by or before which he is convicted is of the opinion mentioned in subsection (3) below, the court may (subject to [F60sections 148, 150 and 156 of the Criminal Justice Act 2003]) make an order which—

(a)requires the offender, for a period of three months beginning with the date of the order, to comply with an action plan, that is to say, a series of requirements with respect to his actions and whereabouts during that period;

(b)places the offender for that period under the supervision of the responsible officer; and

(c)requires the offender to comply with any directions given by the responsible officer with a view to the implementation of that plan;

and the requirements included in the order, and any directions given by the responsible officer, may include requirements authorised by section 70 below.

(2)An order under subsection (1) above is in this Act referred to as an “action plan order”.

(3)The opinion referred to in subsection (1) above is that the making of an action plan order is desirable in the interests of—

(a)securing the rehabilitation of the offender; or

(b)preventing the commission by him of further offences.

(4)In this Act “responsible officer”, in relation to an offender subject to an action plan order, means one of the following who is specified in the order, namely—

(a)[F61an officer of a local probation board] [F62or an officer of a provider of probation services (as the case may be)];

(b)a social worker of a local authority F63...;

(c)a member of a youth offending team.

(5)The court shall not make an action plan order in respect of the offender if—

(a)he is already the subject of such an order; or

(b)the court proposes to pass on him a custodial sentence or to make in respect of him [F64a community order under section 177 of the Criminal Justice Act 2003] an attendance centre order, a supervision order or a referral order.

(6)Before making an action plan order, the court shall obtain and consider—

(a)a written report by [F61an officer of a local probation board] [F65, an officer of a provider of probation services], a social worker of a local authority F66... or a member of a youth offending team indicating—

(i)the requirements proposed by that person to be included in the order;

(ii)the benefits to the offender that the proposed requirements are designed to achieve; and

(iii)the attitude of a parent or guardian of the offender to the proposed requirements; and

(b)where the offender is aged under 16, information about the offender’s family circumstances and the likely effect of the order on those circumstances.

(7)The court shall not make an action plan order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area proposed to be named in the order under subsection (8) below and the notice has not been withdrawn.

(8)An action plan order shall name the [F67local justice area] in which it appears to the court making the order (or to the court amending under Schedule 8 to this Act any provision included in the order in pursuance of this subsection) that the offender resides or will reside.

(9)Where an action plan order specifies [F61an officer of a local probation board] under subsection (4) above, the officer specified must be an officer appointed for or assigned to the [F67local justice area] named in the order.

[F68(9A)Where an action plan order specifies an officer of a provider of probation services under subsection (4) above, the officer specified must be an officer acting in the local justice area named in the order.]

(10)Where an action plan order specifies under that subsection—

(a)a social worker of a local authority F69..., or

(b)a member of a youth offending team,

the social worker or member specified must be a social worker of, or a member of a youth offending team established by, the local authority within whose area it appears to the court that the offender resides or will reside.

F70(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60Words in s. 69(1) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 104(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F61Words in s. 69(4)(a)(6)(a)(9) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F62Words in s. 69(4)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 14(12)(a)

F63Words in s. 69(4)(b) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(h)

F64Words in s. 69(5)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 104(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F65Words in s. 69(6)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 14(12)(b)

F66Words in s. 69(6)(a) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(h)

F67Words in s. 69(8)(9) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 76

F68S. 69(9A) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 14(12)(c)

F69Words in s. 69(10)(a) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(h)

F70S. 69(11) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 104(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(34)44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

70 Requirements which may be included in action plan orders and directions.E+W

(1)Requirements included in an action plan order, or directions given by a responsible officer, may require the offender to do all or any of the following things, namely—

(a)to participate in activities specified in the requirements or directions at a time or times so specified;

(b)to present himself to a person or persons specified in the requirements or directions at a place or places and at a time or times so specified;

(c)subject to subsection (2) below, to attend at an attendance centre specified in the requirements or directions for a number of hours so specified;

(d)to stay away from a place or places specified in the requirements or directions;

(e)to comply with any arrangements for his education specified in the requirements or directions;

(f)to make reparation specified in the requirements or directions to a person or persons so specified or to the community at large; and

(g)to attend any hearing fixed by the court under section 71 below.

(2)Subsection (1)(c) above applies only where the offence committed by the offender is an offence punishable with imprisonment.

(3)In subsection (1)(f) above “make reparation”, in relation to an offender, means make reparation for the offence otherwise than by the payment of compensation.

(4)A person shall not be specified in requirements or directions under subsection (1)(f) above unless—

(a)he is identified by the court or (as the case may be) the responsible officer as a victim of the offence or a person otherwise affected by it; and

(b)he consents to the reparation being made.

[F71(4A)Subsection (4B) below applies where a court proposing to make an action plan order is satisfied—

(a)that the offender is dependent on, or has a propensity to misuse, drugs, and

(b)that his dependency or propensity is such as requires and may be susceptible to treatment.

(4B)Where this subsection applies, requirements included in an action plan order may require the offender for a period specified in the order (“the treatment period”) to submit to treatment by or under the direction of a specified person having the necessary qualifications and experience (“the treatment provider”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs.

(4C)The required treatment shall be—

(a)treatment as a resident in such institution or place as may be specified in the order, or

(b)treatment as a non-resident at such institution or place, and at such intervals, as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.

(4D)A requirement shall not be included in an action plan order by virtue of subsection (4B) above—

(a)in any case, unless—

(i)the court is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident), and

(ii)the requirement has been recommended to the court as suitable for the offender by an officer of a local probation board [F72, by an officer of a provider of probation services] or by a member of a youth offending team; and

(b)in the case of an order made or to be made in respect of a person aged 14 or over, unless he consents to its inclusion.

(4E)Subject to subsection (4F), an action plan order which includes a requirement by virtue of subsection (4B) above may, if the offender is aged 14 or over, also include a requirement (“a testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment period, the offender shall during that period, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or the treatment provider, provide samples of such description as may be so determined.

(4F)A testing requirement shall not be included in an action plan order by virtue of subsection (4E) above unless—

(a)the offender is aged 14 or over and consents to its inclusion, and

(b)the court has been notified by the Secretary of State that arrangements for implementing such requirements are in force in the area proposed to be specified in the order

(4G)A testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided.

(4H)An action plan order including a testing requirement shall provide for the results of tests carried out on any samples provided by the offender in pursuance of the requirement to a person other than the responsible officer to be communicated to the responsible officer.]

(5)Requirements included in an action plan order and directions given by a responsible officer shall, as far as practicable, be such as to avoid—

(a)any conflict with the offender’s religious beliefs or with the requirements of any other [F73 youth community order or any] community order to which he may be subject; and

(b)any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

Textual Amendments

F71S. 70(4A)-(4H) inserted (1.12.2004 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 24 para. 1; S.I. 2004/3033, art. 2(1)(2) (with art. 2(3)(4))

F72Words in s. 70(4D)(a)(ii) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 14(13)

F73Words in s. 70(5)(a) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 105; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

71 Action plan orders: power to fix further hearings.E+W

(1)Immediately after making an action plan order, a court may—

(a)fix a further hearing for a date not more than 21 days after the making of the order; and

(b)direct the responsible officer to make, at that hearing, a report as to the effectiveness of the order and the extent to which it has been implemented.

(2)At a hearing fixed under subsection (1) above, the court—

(a)shall consider the responsible officer’s report; and

(b)may, on the application of the responsible officer or the offender, amend the order—

(i)by cancelling any provision included in it; or

(ii)by inserting in it (either in addition to or in substitution for any of its provisions) any provision that the court could originally have included in it.

72 Breach, revocation and amendment of action plan orders.E+W

Schedule 8 to this Act (which makes provision for dealing with failures to comply with action plan orders and reparation orders and for revoking and amending such orders) shall have effect so far as relating to action plan orders.

Chapter VIE+WReparation orders for young offenders

73 Reparation orders.E+W

(1)Where a child or young person (that is to say, any person aged under 18) is convicted of an offence other than one for which the sentence is fixed by law, the court by or before which he is convicted may make an order requiring him to make reparation specified in the order—

(a)to a person or persons so specified; or

(b)to the community at large;

and any person so specified must be a person identified by the court as a victim of the offence or a person otherwise affected by it.

(2)An order under subsection (1) above is in this Act referred to as a “reparation order”.

(3)In this section and section 74 below “make reparation”, in relation to an offender, means make reparation for the offence otherwise than by the payment of compensation; and the requirements that may be specified in a reparation order are subject to section 74(1) to (3).

(4)The court shall not make a reparation order in respect of the offender if it proposes—

(a)to pass on him a custodial sentence; or

(b)to make in respect of him [F74a community order under section 177 of the Criminal Justice Act 2003] a supervision order which includes requirements authorised by Schedule 6 to this Act, an action plan order or a referral order.

(5)Before making a reparation order, a court shall obtain and consider a written report by [F75an officer of a local probation board] [F76, an officer of a provider of probation services], a social worker of a local authority F77... or a member of a youth offending team indicating—

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

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

(6)The court shall not make a reparation order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area proposed to be named in the order under section 74(4) below and the notice has not been withdrawn.

F78(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The court shall give reasons if it does not make a reparation order in a case where it has power to do so.

Textual Amendments

F74Words in s. 73(4)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 106(2); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F75Words in s. 73(5) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F76Words in s. 73(5) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 14(14)

F77Words in s. 73(5) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(h)

F78S. 73(7) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 106(3), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(34), 44(4)(r) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

74 Requirements and provisions of reparation order, and obligations of person subject to it.E+W

(1)A reparation order shall not require the offender—

(a)to work for more than 24 hours in aggregate; or

(b)to make reparation to any person without the consent of that person.

(2)Subject to subsection (1) above, requirements specified in a reparation order shall be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.

(3)Requirements so specified shall, as far as practicable, be such as to avoid—

(a)any conflict with the offender’s religious beliefs or with the requirements of any community order [F79 or any youth community order] to which he may be subject; and

(b)any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(4)A reparation order shall name the [F80local justice area] in which it appears to the court making the order (or to the court amending under Schedule 8 to this Act any provision included in the order in pursuance of this subsection) that the offender resides or will reside.

(5)In this Act “responsible officer”, in relation to an offender subject to a reparation order, means one of the following who is specified in the order, namely—

(a)[F81an officer of a local probation board] [F82or an officer of a provider of probation services (as the case may be)];

(b)a social worker of a local authority F83...;

(c)a member of a youth offending team.

(6)Where a reparation order specifies [F81an officer of a local probation board] under subsection (5) above, the officer specified must be an officer appointed for or assigned to the [F84local justice area] named in the order.

[F85(6A)Where a reparation order specifies an officer of a provider of probation services under subsection (5) above, the officer specified must be an officer acting in the local justice area named in the order.]

(7)Where a reparation order specifies under that subsection—

(a)a social worker of a local authority F86..., or

(b)a member of a youth offending team,

(8)Any reparation required by a reparation order—

(a)shall be made under the supervision of the responsible officer; and

(b)shall be made within a period of three months from the date of the making of the order.

Textual Amendments

F79Words in s. 74(3)(a) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 107; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F80Words in s. 74(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 76

F81Words in s. 74(5)(a)(6) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F82Words in s. 74(5)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 14(15)(a)

F83Words in s. 74(5)(b) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(h)

F84Words in s. 74(6) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 76

F85S. 74(6A) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 14(15)(b)

F86Words in s. 74(7)(a) repealed (1.4.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(h)

Part IVU.K. [F1Youth community orders] and reparation orders

Chapter IE+W [F2Youth community orders]: general provisions

[F333 Meaning of “youth community order” and “community sentence”E+W

F434 Community orders not available where sentence fixed by law etc.E+W

F435 Restrictions on imposing community sentences.E+W

F436 Procedural requirements for community sentences: pre-sentence reports etc.E+W

F436A Pre-sentence drug testing.E+W

[F536B Electronic monitoring of requirements in [F6youth community orders].E+W

Chapter IIE+WCommunity orders available for offenders of any age

Curfew ordersE+W

37 Curfew orders.E+W

F2138Electronic monitoring of curfew orders.E+W

39 Breach, revocation and amendment of curfew orders.E+W

40 Curfew orders: supplementary.E+W

[F25Exclusion ordersE+W

40A Exclusion orders.E+W

40B Breach, revocation and amendment of exclusion orders.E+W

40C Exclusion orders: supplementary.E+W

Chapter IIIU.K.Community orders available only where offender aged 16 or over

Probation ordersU.K.

F3541Community rehabilitation orders.E+W

F3542 Additional requirements which may be included in community rehabilitation orders.E+W

F3543 Breach, revocation and amendment of community rehabilitation orders.E+W

F3544 Offenders residing in Scotland or Northern Ireland.U.K.

F3545Community rehabilitation orders: supplementary.E+W

Community punishment ordersU.K.

F3546Community punishment orders.E+W

F3547 Obligations of person subject to community punishment order.E+W

F3548 Breach, revocation and amendment of community punishment orders.E+W

F3549 Offenders residing in Scotland or Northern Ireland.U.K.

F3550Community punishment orders: supplementary.E+W

Community punishment and rehabilitation ordersU.K.

F3551Community punishment and rehabilitation orders.U.K.

Drug treatment and testing ordersE+W

F3552 Drug treatment and testing orders.E+W

F3553 The treatment and testing requirements.E+W

F3554 Provisions of order as to supervision and periodic review.E+W

F3555 Periodic reviews.E+W

F3556 Breach, revocation and amendment of drug treatment and testing orders.E+W

F3557 Copies of orders.E+W

F3558 Drug treatment and testing orders: supplementary.E+W

Drug abstinence ordersE+W

F3558A Drug abstinence orders.E+W

F3558B Drug abstinence orders: supplementary.E+W

Orders for persistent petty offendersE+W

F3559 Curfew orders and community punishment orders for persistent petty offenders.E+W

Chapter IVE+WAttendance centre orders: offenders under 21 and defaulters

60 Attendance centre orders.E+W

61 Breach, revocation and amendment of attendance centre orders.E+W

F4162 Provision, regulation and management of attendance centres.E+W

Chapter VE+WCommunity orders available only where offender aged under 18

Supervision ordersE+W

63 Supervision orders.E+W

64 Selection and duty of supervisor and certain expenditure of his.E+W

[F5364ASupervision orders and curfew ordersE+W

65 Breach, revocation and amendment of supervision orders.E+W

66 Facilities for implementing supervision orders.E+W

67 Meaning of “local authority”, “reside” and “parent”.E+W

68 Isles of Scilly.E+W

Action plan ordersE+W

69 Action plan orders.E+W

70 Requirements which may be included in action plan orders and directions.E+W

71 Action plan orders: power to fix further hearings.E+W

72 Breach, revocation and amendment of action plan orders.E+W

Chapter VIE+WReparation orders for young offenders

73 Reparation orders.E+W

74 Requirements and provisions of reparation order, and obligations of person subject to it.E+W

75 Breach, revocation and amendment of reparation orders.E+W