Criminal Justice and Immigration Act 2008

Valid from 30/11/2009

Youth rehabilitation order with fostering E+W

4 (1) This paragraph applies where paragraphs (a) to (c) of section 1(4) are satisfied. E+W

(2) If the court is satisfied—

(a) that the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and

(b) that the imposition of a fostering requirement (see paragraph 18) would assist in the offender's rehabilitation,

it may make a youth rehabilitation order in accordance with section 1 which imposes a fostering requirement.

(3) But a court may not impose a fostering requirement unless—

(a) it has consulted the offender's parents or guardians (unless it is impracticable to do so), and

(b) it has consulted the local authority which is to place the offender with a local authority foster parent.

(4) A youth rehabilitation order which imposes a fostering requirement must also impose a supervision requirement.

(5) This paragraph has effect subject to paragraphs 18(7) and 19 (pre-conditions to imposing fostering requirement).

(6) A youth rehabilitation order which imposes a fostering requirement is referred to in this Part of this Act as “a youth rehabilitation order with fostering” (whatever other requirements mentioned in section 1(1) or (2) it imposes).