SCHEDULE 6Overseas community orders: young offenders
Education requirement
7
(1)
An overseas community order made in respect of an offender aged under 18 on conviction may include a requirement (an “education requirement”) requiring the offender to comply, during a period or periods specified in the order, with arrangements for his education—
(a)
made for the time being by his parent or guardian; and
(b)
approved by Service Children's Education (“SCE”).
(2)
A court may not include an education requirement in an overseas community order unless it has consulted SCE and is satisfied—
(a)
that, in the view of SCE, arrangements exist for the offender to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have; and
(b)
that, having regard to the circumstances of the case, the inclusion of the requirement is necessary for securing the good conduct of the offender or for preventing the commission of further offences.
(3)
Any period specified in an overseas community order as one during which the offender must comply with arrangements made for his education must not include any period after he has ceased to be of compulsory school age (within the meaning of section 8 of the Education Act 1996 (c. 56)).
(4)
An education requirement under this paragraph may (despite section 182(1)(a)) be the only requirement imposed by an overseas community order.