Criminal Justice and Immigration Act 2008

Part 1 E+W Preliminary

Modifications etc. (not altering text)

C1 Sch. 2 modified by Criminal Procedure (Scotland) Act 1995 (c. 46), s. 234(6A) (as inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 44(6) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v))

Interpretation E+W

1 (1) In this Schedule, “the offender”, in relation to a youth rehabilitation order, means the person in respect of whom the order is made. E+W

(2) In this Schedule—

(a) any reference (however expressed) to an offender's compliance with a youth rehabilitation order is a reference to the offender's compliance with—

(i) the requirement or requirements imposed by the order, and

(ii) if the order imposes an attendance centre requirement, rules made under section 222(1)(d) or (e) of the Criminal Justice Act 2003 (c. 44) (“attendance centre rules”), and

(b) any reference (however expressed) to the offender's failure to comply with the order is a reference to any failure of the offender to comply—

(i) with a requirement imposed by the order, or

(ii) if the order imposes an attendance centre requirement, with attendance centre rules.

(3) For the purposes of this Schedule—

(a) a requirement falling within any paragraph of Part 2 of Schedule 1 is of the same kind as any other requirement falling within that paragraph, and

(b) an electronic monitoring requirement is a requirement of the same kind as any requirement falling within Part 2 of Schedule 1 to which it relates.

Commencement Information

I1 Sch. 2 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)

Orders made on appeal E+W

2 E+W Where a youth rehabilitation order has been made on appeal, for the purposes of this Schedule it is to be treated—

(a) if it was made on an appeal from a magistrates' court, as having been made by a magistrates' court;

(b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, as having been made by the Crown Court.

Commencement Information

I2 Sch. 2 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)