C1 Part IVF10Youth community orders and reparation orders
Pt. 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))
F35Chapter IF11Youth community orders: general provisions
Pt. IV Ch. I repealed (30.11.2009 except for the repeal of ss. 33(1)(c), 36B) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(1), 153(7), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(f)(u) (with art. 4)
Words 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))
F3533 Meaning of “youth community order” and “community sentence”
1
In this Act “youth community order” means any of the following orders—
F35a
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F35b
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c
an attendance centre order;
F35d
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F35e
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F352
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F1334 Community orders not available where sentence fixed by law etc.
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F1335 Restrictions on imposing community sentences.
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F1336 Procedural requirements for community sentences: pre-sentence reports etc.
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F1336A Pre-sentence drug testing.
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36BF35F5Electronic monitoring of requirements in F14youth community orders.
1
2
A court shall not include in a F17youth 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.
F194
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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 F18youth 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.
F198
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9
10
In the case of an attendance centre order, the relevant area is the F8local justice area in which the attendance centre proposed to be specified in the order is situated.
F36Chapter IICommunity orders available for offenders of any age
Pt. IV Ch. II repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(1), 153(7), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(f)(u) (with art. 4)
F36Curfew orders
F3637 Curfew orders.
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F138Electronic monitoring of curfew orders.
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F3639 Breach, revocation and amendment of curfew orders.
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F3640Curfew orders: supplementary.
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F36Exclusion orders
F3640AExclusion orders.
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F3640BBreach, revocation and amendment of exclusion orders.
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F3640C Exclusion orders: supplementary.
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Chapter IIICommunity orders available only where offender aged 16 or over
Probation orders
F1241Community rehabilitation orders.
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F1242 Additional requirements which may be included in community rehabilitation orders.
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F1243 Breach, revocation and amendment of community rehabilitation orders.
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F1244 Offenders residing in Scotland or Northern Ireland.
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F1245Community rehabilitation orders: supplementary.
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Community punishment orders
F1246Community punishment orders.
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F1247 Obligations of person subject to community punishment order.
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F1248 Breach, revocation and amendment of community punishment orders.
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F1249 Offenders residing in Scotland or Northern Ireland.
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F1250Community punishment orders: supplementary.
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Community punishment and rehabilitation orders
F1251Community punishment and rehabilitation orders.
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Drug treatment and testing orders
F1252 Drug treatment and testing orders.
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F1253 The treatment and testing requirements.
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F1254 Provisions of order as to supervision and periodic review.
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F1255 Periodic reviews.
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F1256 Breach, revocation and amendment of drug treatment and testing orders.
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F1257 Copies of orders.
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F1258 Drug treatment and testing orders: supplementary.
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Drug abstinence orders
F1258A Drug abstinence orders.
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F1258B Drug abstinence orders: supplementary.
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Orders for persistent petty offenders
F1259 Curfew orders and community punishment orders for persistent petty offenders.
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F37Chapter IVAttendance centre orders: offenders under 21 and defaulters
Pt. IV Ch. IV repealed (30.11.2009 for the repeal of s. 60(1)(a)) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(1), 153(7), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(f)(u) (with art. 4)
F3760 Attendance centre orders.
1
Where—
F37a
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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 F21youth 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
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.
F3761 Breach, revocation and amendment of attendance centre orders.
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.
F2262 Provision, regulation and management of attendance centres.
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F38Chapter VCommunity orders available only where offender aged under 18
Pt. IV Ch. V repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(1), 153(7), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(f)(u) (with art. 4)
F38Supervision orders
F3863 Supervision orders.
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F3864 Selection and duty of supervisor and certain expenditure of his.
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F3864ASupervision orders and curfew orders
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F3865 Breach, revocation and amendment of supervision orders.
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F3866 Facilities for implementing supervision orders.
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F3867 Meaning of “local authority”, “reside” and “parent”.
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F3868 Isles of Scilly.
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F38Action plan orders
F3869 Action plan orders.
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F3870 Requirements which may be included in action plan orders and directions.
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F3871 Action plan orders: power to fix further hearings.
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F3872 Breach, revocation and amendment of action plan orders.
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Chapter VIReparation orders for young offenders
73 Reparation orders.
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
F33b
to make in respect of him a youth rehabilitation order or a referral order.
F324A
The court shall not make a reparation order in respect of the offender at a time when a youth rehabilitation order is in force in respect of him unless when it makes the reparation order it revokes the youth rehabilitation order.
4B
Where a youth rehabilitation order is revoked under subsection (4A), paragraph 24 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach, revocation or amendment of youth rehabilitation order) applies to the revocation.
5
Before making a reparation order, a court shall obtain and consider a written report by F3an officer of a local probation boardF28, an officer of a provider of probation services, a social worker of a local authority F27... 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.
F237
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8
The court shall give reasons if it does not make a reparation order in a case where it has power to do so.
74 Requirements and provisions of reparation order, and obligations of person subject to it.
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
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 F6local 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
b
a social worker of a local authority F25...;
c
a member of a youth offending team.
6
F296A
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 F26..., 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.
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.
Words 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))