Criminal Justice and Immigration Act 2008

Valid from 30/11/2009

Residence requirement E+W

16 (1) In this Part of this Act, “residence requirement”, in relation to a youth rehabilitation order, means a requirement that, during the period specified in the order, the offender must reside— E+W

(a) with an individual specified in the order, or

(b) at a place specified in the order.

(2) A court may not by virtue of sub-paragraph (1)(a) include in a youth rehabilitation order a requirement that the offender reside with an individual unless that individual has consented to the requirement.

(3) In this paragraph, a residence requirement falling within sub-paragraph (1)(b) is referred to as “a place of residence requirement”.

(4) A court may not include a place of residence requirement in a youth rehabilitation order unless the offender was aged 16 or over at the time of conviction.

(5) If the order so provides, a place of residence requirement does not prohibit the offender from residing, with the prior approval of the responsible officer, at a place other than that specified in the order.

(6) Before making a youth rehabilitation order containing a place of residence requirement, the court must consider the home surroundings of the offender.

(7) A court may not specify a hostel or other institution as the place where an offender must reside for the purposes of a place of residence requirement except on the recommendation of—

(a) a member of a youth offending team,

(b) an officer of a local probation board,

(c) an officer of a provider of probation services, or

(d) a social worker of a local authority.