C1 Part IVF2Youth 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))
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
F7b
to make in respect of him a youth rehabilitation order or a referral order.
F64A
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 F1an officer of a local probation boardF5, an officer of a provider of probation services, a social worker of a local authority F4... 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.
F37
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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.
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))