Criminal Justice and Immigration Act 2008

Section 6

SCHEDULE 4 E+W Youth rehabilitation orders: consequential and related amendments

Part 1 E+W Consequential amendments

Children and Young Persons Act 1933 (c. 12) E+W

1 E+W The Children and Young Persons Act 1933 has effect subject to the following amendments.

Commencement Information

I1 Sch. 4 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(i)

2 (1) Section 34 (attendance at court of parent of child or young person charged with an offence, etc.) is amended as follows. E+W

(2) In subsection (7), omit “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”.

(3) After subsection (7A) insert—

“(7B) If it appears that at the time of his arrest a youth rehabilitation order, as defined in Part 1 of the Criminal Justice and Immigration Act 2008, is in force in respect of him, the responsible officer, as defined in section 4 of that Act, shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.”

Commencement Information

I2 Sch. 4 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(i)

3 (1) Section 49 (restrictions on reports of proceedings in which children or young persons are concerned) is amended as follows. E+W

(2) In subsection (2), for paragraphs (c) and (d) substitute—

“(c) proceedings in a magistrates' court under Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders);

(d) proceedings on appeal from a magistrates' court arising out of any proceedings mentioned in paragraph (c) (including proceedings by way of case stated).”

(3) In subsection (4A), omit paragraph (d) (but not the word “or” immediately following it).

(4) In subsection (10), for the words from “Schedule 7” to “supervision orders)” substitute the words “ Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders) ”.

(5) In subsection (13), omit paragraph (c)(i).

Commencement Information

I3 Sch. 4 para. 3(1) (2) (4) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(ii)

Criminal Appeal Act 1968 (c. 19) E+W

4 E+W In section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in other cases dealt with at assizes or quarter sessions), for paragraph (b) substitute—

“(b) having been given a suspended sentence or made the subject of—

(i) an order for conditional discharge,

(ii) a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, or

(iii) a community order within the meaning of Part 12 of the Criminal Justice Act 2003,

appears or is brought before the Crown Court to be further dealt with for the offence.”

Commencement Information

I4 Sch. 4 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Firearms Act 1968 (c. 27) E+W

5 E+W The Firearms Act 1968 has effect subject to the following amendments.

Commencement Information

I5 Sch. 4 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

6 E+W In section 21(3ZA)(a) (possession of firearms by persons previously convicted of crime), after “2003”, insert “ , or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, ”.

Commencement Information

I6 Sch. 4 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

7 E+W In section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of certificate by convicting court), after “2003”, insert “ , or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, ”.

Commencement Information

I7 Sch. 4 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Health Services and Public Health Act 1968 (c. 46) E+W

8 E+W The Health Services and Public Health Act 1968 has effect subject to the following amendments.

Commencement Information

I8 Sch. 4 para. 8 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

9 E+W In section 64(3)(a) (financial assistance by the Secretary of State to certain voluntary organisations)—

(a) in paragraph (xxi) of the definition of “the relevant enactments”, for “sections 63 to 66 and 92 of, and Schedules 6 and 7 to,” substitute “ section 92 of ”, and

(b) after that paragraph, insert—

“(xxii) Part 1 of the Criminal Justice and Immigration Act 2008;”.

Commencement Information

I9 Sch. 4 para. 9 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

10 E+W In section 65(3)(b) (financial and other assistance by local authorities to certain voluntary organisations), for paragraph (xxii) of the definition of “relevant enactments” substitute—

“(xxii) Part 1 of the Criminal Justice and Immigration Act 2008;”.

Commencement Information

I10 Sch. 4 para. 10 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Social Work (Scotland) Act 1968 (c. 49) E+W

11 E+W The Social Work (Scotland) Act 1968 has effect subject to the following amendments.

Commencement Information

I11 Sch. 4 para. 11 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

12 E+W In section 86(3) (adjustments between authority providing accommodation etc, and authority of area of residence) after “supervision order” insert “ , youth rehabilitation order ”.

Commencement Information

I12 Sch. 4 para. 12 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

13 E+W In section 94(1) (interpretation)—

(a) for the definition of “probation order” substitute—

““probation order”, in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996,”,

(b) in the definition of “supervision order”, omit “the Powers of Criminal Courts (Sentencing) Act 2000 or”, and

(c) at the end insert—

““youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.”

Commencement Information

I13 Sch. 4 para. 13 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Children and Young Persons Act 1969 (c. 54) E+W

14 E+W The Children and Young Persons Act 1969 has effect subject to the following amendments.

Commencement Information

I14 Sch. 4 para. 14 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

15 E+W Omit section 25 (transfers between England or Wales and Northern Ireland).

Commencement Information

I15 Sch. 4 para. 15 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

16 (1) Section 26 (transfers between England or Wales and the Channel Islands or Isle of Man) is amended as follows. E+W

(2) In subsection (1)(c), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

(3) In subsection (2), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

Commencement Information

I16 Sch. 4 para. 16 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

17 (1) Section 32 (detention of absentees) is amended as follows. E+W

(2) In subsection (1A)—

(a) in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”, and

(b) for paragraph (b) substitute—

“(b) from local authority accommodation—

(i) in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); or

(ii) to which he has been remanded under paragraph 21 of Schedule 2 to that Act; or

(iii) to which he has been remanded or committed under section 23(1) of this Act,”.

(3) For subsection (1C) substitute—

“(1C) In this section “the responsible person” means, as the case may be—

(a) the person who made the arrangements under paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008;

(b) the authority specified under paragraph 17(5) of Schedule 1 to that Act;

(c) the authority designated under paragraph 21(10) of Schedule 2 to that Act; or

(d) the authority designated under section 23 of this Act.”

(4) After subsection (1C) insert—

“(1D) If a child or young person—

(a) is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and

(b) is absent, without the consent of the responsible officer (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), from the place in which he is required to reside,

he may be arrested by a constable anywhere in the United Kingdom without a warrant.

(1E) A person so arrested shall be conducted to—

(a) the place where he is required to reside, or

(b) such other place as the local authority specified under paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 may direct,

at that local authority's expense.”

(5) In subsection (2), for “or (1A)” substitute “ , (1A) or (1D) ”.

(6) In subsection (2A), for the words from “mentioned in subsection” to “this section is in premises” substitute “ mentioned in subsection (1), (1A)(a) or (b)(i) or (ii) or (1D) of this section is in premises ”.

(7) In subsection (2B)—

(a) after “subsection (1A)” insert “ or (1D) ”, and

(b) at the end insert “ or the responsible officer, as the case may be. ”

(8) In subsection (3), for “or (1A)” substitute “ , (1A) or (1D) ”.

(9) In subsection (4), after “(1A)” insert “ , (1D) ”.

Commencement Information

I17 Sch. 4 para. 17 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

18 E+W In section 70(1) (interpretation)—

(a) omit the definition of “supervision order”,

(b) after the definition of “local authority accommodation” insert—

““local authority residence requirement” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008;”, and

(c) after the definition of “youth offending team” insert—

““youth rehabilitation order” and “youth rehabilitation order with fostering” have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);”.

Commencement Information

I18 Sch. 4 para. 18 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

19 E+W In section 73(4)(a) (provisions of section 32 extending to Scotland) for “to (1C)” substitute “ to (1E) ”.

Commencement Information

I19 Sch. 4 para. 19 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Rehabilitation of Offenders Act 1974 (c. 53) E+W

20 E+W The Rehabilitation of Offenders Act 1974 has effect subject to the following amendments.

Commencement Information

I20 Sch. 4 para. 20 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

21 E+W In section 5(5) (rehabilitation periods for particular sentences) after paragraph (d) insert—

“(da) a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;”.

Commencement Information

I21 Sch. 4 para. 21 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

22 E+W In section 7(2) (limitations on rehabilitation under Act, etc.) for paragraph (d) substitute—

“(d) in any proceedings relating to the variation or discharge of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or on appeal from any such proceedings;”.

Commencement Information

I22 Sch. 4 para. 22 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Bail Act 1976 (c. 63) E+W

23 E+W In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others)—

(a) omit the words “to be dealt with”, and

(b) for paragraph (a), substitute—

“(a) Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach, revocation or amendment of youth rehabilitation orders), or”.

Commencement Information

I23 Sch. 4 para. 23 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)

Magistrates' Courts Act 1980 (c. 43) E+W

24 E+W In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143), omit the entries relating to Schedules 3, 5 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

Commencement Information

I24 Sch. 4 para. 24 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(iv)

Prospective

Contempt of Court Act 1981 (c. 49) E+W

25 E+W In section 14 of the Contempt of Court Act 1981 (proceedings in England and Wales), omit the subsection (2A) inserted by the Criminal Justice Act 1982 (c. 48).

Criminal Justice Act 1982 E+W

26 E+W Part 3 of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements for transfer of community service orders from Northern Ireland) has effect subject to the following amendments.

Commencement Information

I25 Sch. 4 para. 26 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

27 (1) Paragraph 7 (transfer to England and Wales) is amended as follows. E+W

(2) In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such orders” substitute “ an unpaid work requirement of a community order under section 177 of the Criminal Justice Act 2003 or youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.

(3) In sub-paragraph (2)(b)—

(a) after “a community order” insert “ or a youth rehabilitation order ”, and

(b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

(4) In sub-paragraph (3)—

(a) for “A community service order” substitute “ An adult community service order ”, and

(b) in paragraph (b)—

(i) omit “within the meaning of Part 12 of the Criminal Justice Act 2003”, and

(ii) for “by that Part of that Act” substitute “ by Part 12 of the Criminal Justice Act 2003 ”.

(5) After sub-paragraph (3) insert—

“(4) A youth community service order made or amended in accordance with this paragraph shall—

(a) specify the local justice area in England or Wales in which the offender resides or will be residing when the order or the amendment comes into force; and

(b) require—

(i) the local probation board for that area established under section 4 of the Criminal Justice and Court Services Act 2000 or (as the case may be) a provider of probation services operating in that area, or

(ii) a youth offending team established under section 39 of the Crime and Disorder Act 1998 by a local authority for the area in which the offender resides or will be residing when the order or amendment comes into force,

to appoint a person who will discharge in respect of the order the functions in respect of youth rehabilitation orders conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008.

(5) The person appointed under sub-paragraph (4)(b) must be—

(a) where the appointment is made by a local probation board, an officer of that board;

(b) where the appointment is made by a provider of probation services, an officer of that provider;

(c) where the appointment is made by a youth offending team, a member of that team.”

Commencement Information

I26 Sch. 4 para. 27 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

28 (1) Paragraph 9 (general provision) is amended as follows. E+W

(2) In sub-paragraph (3)—

(a) in paragraph (a)—

(i) for “a community service order” substitute “ an adult community service order ”;

(ii) omit “under section 177 of the Criminal Justice Act 2003”;

(iii) for “of that Act” substitute “ of the Criminal Justice Act 2003 ”, and

(b) before “and” at the end of that paragraph insert—

“(aa) a youth community service order made or amended in the circumstances specified in paragraph 7 above shall be treated as if it were a youth rehabilitation order made in England and Wales and the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly;”.

(3) In sub-paragraph (4)(a)—

(a) after “community orders” insert “ or youth rehabilitation orders ”, and

(b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

(4) In sub-paragraph (5)—

(a) after “community order” insert “ or youth rehabilitation order ”, and

(b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

(5) In sub-paragraph (6)—

(a) after “community orders” insert “ or youth rehabilitation orders ”,

(b) omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”, and

(c) in paragraph (b)(i), after “2003” insert “ or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008 ”.

Commencement Information

I27 Sch. 4 para. 28 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

29 E+W After that paragraph insert—

“Community service orders relating to persons residing in England and Wales: interpretation E+W

10 In paragraphs 7 and 9 above—

• “adult community service order” means a community service order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;

• “community order” means an order made under section 177 of the Criminal Justice Act 2003;

• “youth community service order” means a community service order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;

• “youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.”

Commencement Information

I28 Sch. 4 para. 29 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Mental Health Act 1983 (c. 20) E+W

30 E+W In section 37(8) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—

(a) in paragraph (a), after “Criminal Justice Act 2003)” insert “ or a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and

(b) in paragraph (c), omit the words “a supervision order (within the meaning of that Act) or”.

Commencement Information

I29 Sch. 4 para. 30 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Child Abduction Act 1984 (c. 37) E+W

31 E+W In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—

(a) in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”, and

(b) in paragraph (b), after “1969” insert “ or paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”.

Commencement Information

I30 Sch. 4 para. 31 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Prosecution of Offences Act 1985 (c. 23) E+W

32 (1) Section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances) is amended as follows. E+W

(2) In subsection (3B)(b)(i), for the words from “in a community order” to “that Act” substitute “ a mental health treatment requirement in a community order or youth rehabilitation order ”.

(3) After subsection (3B) insert—

“(3C) For the purposes of subsection (3B)(b)(i)—

• “community order” has the same meaning as in Part 12 of the Criminal Justice Act 2003;

• “mental health treatment requirement” means—

  (a)

  in relation to a community order, a mental health treatment requirement under section 207 of the Criminal Justice Act 2003, and

  (b)

  in relation to a youth rehabilitation order, a mental health treatment requirement under paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008;

• “youth rehabilitation order” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008.”

Commencement Information

I31 Sch. 4 para. 32 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Children Act 1989 (c. 41) E+W

33 E+W The Children Act 1989 has effect subject to the following amendments.

Commencement Information

I32 Sch. 4 para. 33 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

34 (1) Section 21 (provision of accommodation for children in police protection or detention or on remand, etc.) is amended as follows. E+W

(2) In subsection (2)(c)—

(a) in sub-paragraph (i), omit “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or” and “or” at the end of that sub-paragraph, and

(b) for sub-paragraph (ii), substitute—

“(ii) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach etc. of youth rehabilitation orders); or

(iii) the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,”.

(3) After subsection (2) insert—

“(2A) In subsection (2)(c)(iii), the following terms have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 7 of that Act)—

• “local authority residence requirement”;

• “youth rehabilitation order”;

• “youth rehabilitation order with fostering”.”

Commencement Information

I33 Sch. 4 para. 34 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

35 E+W In section 31(7)(b) (care and supervision orders), for sub-paragraph (ii) substitute—

“(ii) a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008; or”.

Commencement Information

I34 Sch. 4 para. 35 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

36 E+W In section 105(6) (interpretation)—

(a) in paragraph (b), omit from the words “or an” to the end of the paragraph, and

(b) after that paragraph insert—

“(ba) in accordance with the requirements of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008; or”.

Commencement Information

I35 Sch. 4 para. 36 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

37 (1) Part 3 of Schedule 3 (education supervision orders) is amended as follows. E+W

(2) In paragraph 13(2), for paragraph (c) substitute—

“(c) a youth rehabilitation order made under Part 1 of the Criminal Justice and Immigration Act 2008 with respect to the child, while the education supervision order is in force, may not include an education requirement (within the meaning of that Part);”.

(3) In paragraph 14—

(a) in sub-paragraph (1), for “order under section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and

(b) in sub-paragraph (2), after “direction” (in the second place it occurs) insert “ or instruction ”.

Commencement Information

I36 Sch. 4 para. 37 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

38 E+W In paragraph 3 of Schedule 8 (privately fostered children) for paragraph (a) substitute—

“(a) a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008;”.

Commencement Information

I37 Sch. 4 para. 38 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Criminal Justice Act 1991 (c. 53) E+W

39 E+W Part 3 of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation orders from Northern Ireland to England and Wales) has effect subject to the following amendments.

Commencement Information

I38 Sch. 4 para. 39 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

40 (1) Paragraph 10 is amended as follows. E+W

(2) In sub-paragraph (2)(b), for the words from “the local probation board” to the end substitute “—

(i) the local probation board for the area which contains the local justice area in which he resides or will reside or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside, or

(ii) a youth offending team established by a local authority for the area in which he resides or will reside,”, and

(3) In sub-paragraph (3)(a), for the words from “an officer of a local probation board” to the end substitute “—

(i) an officer of a local probation board assigned to the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force or (as the case may be) an officer of a provider of probation services acting in the local justice area in which the offender resides or will then be residing, or

(ii) a member of a youth offending team established by a local authority for the area in England and Wales in which the offender resides or will then be residing;”.

Commencement Information

I39 Sch. 4 para. 40 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

41 (1) Paragraph 11 is amended as follows. E+W

(2) In sub-paragraph (2)—

(a) for “a probation order” substitute “ an adult probation order ”,

(b) in paragraph (a), omit “under section 177 of the Criminal Justice Act 2003”, and

(c) in paragraph (b), for “of that Act” substitute “ of the Criminal Justice Act 2003 ”.

(3) After that sub-paragraph insert—

“(2A) Where a youth probation order is made or amended in any of the circumstances specified in paragraph 10 above then, subject to the following provisions of this paragraph—

(a) the order shall be treated as if it were a youth rehabilitation order made in England and Wales, and

(b) the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly.”

(4) In sub-paragraph (3)—

(a) for paragraph (a) substitute—

“(a) the requirements of the legislation relating to community orders or, as the case may be, youth rehabilitation orders;”;

(b) in paragraph (b), for “Schedule 8 to that Act” substitute “ that legislation ”.

(5) In sub-paragraph (4)—

(a) after “a community order” insert “ or, as the case may be, a youth rehabilitation order ”,

(b) omit “under section 177 of the Criminal Justice Act 2003”, and

(c) for “to that Act” substitute “ to the Criminal Justice Act 2003 or by paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”.

(6) In sub-paragraph (5)—

(a) after “2003” insert “ or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008 ”,

(b) for “(2) above” substitute “ (2) or (2A) (as the case may be) ”, and

(c) in paragraph (b) for the words from “of the” to “board” substitute “of—

(i) the offender, or

(ii) the officer of a local probation board, officer of a provider of probation services or member of a youth offending team (as the case may be),”.

(7) In sub-paragraph (8)—

(a) after “In this paragraph” insert—

““adult probation order” means a probation order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;

“community order” means an order made under section 177 of the Criminal Justice Act 2003;”;

(b) at the end insert—

““youth probation order” means a probation order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;

“youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.”

Commencement Information

I40 Sch. 4 para. 41 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Criminal Justice and Public Order Act 1994 (c. 33) E+W

42 E+W In section 136 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement: execution of warrants), in subsection (7A), after “youth offender panel)” insert “ or under Schedule 2 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders: breach etc.) ”.

Commencement Information

I41 Sch. 4 para. 42 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Criminal Procedure (Scotland) Act 1995 (c. 46) E+W

F1 43 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 4 paras. 43-46 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 2 para. 53; S.S.I. 2010/413, art. 2, Sch. (with art. 3(1))

Commencement Information

I42 Sch. 4 para. 43 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

F1 44 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 4 paras. 43-46 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 2 para. 53; S.S.I. 2010/413, art. 2, Sch. (with art. 3(1))

Commencement Information

I43 Sch. 4 para. 44 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

F1 45 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 4 paras. 43-46 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 2 para. 53; S.S.I. 2010/413, art. 2, Sch. (with art. 3(1))

Commencement Information

I44 Sch. 4 para. 45 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

F1 46 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 4 paras. 43-46 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 2 para. 53; S.S.I. 2010/413, art. 2, Sch. (with art. 3(1))

Commencement Information

I45 Sch. 4 para. 46 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Education Act 1996 (c. 56) E+W

47 E+W In section 562(2)(b) of the Education Act 1996 (Act not to apply to persons detained under order of a court), for “community order under section 177 of the Criminal Justice Act 2003” substitute “ youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.

Commencement Information

I46 Sch. 4 para. 47 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Crime and Disorder Act 1998 (c. 37) E+W

48 E+W The Crime and Disorder Act 1998 has effect subject to the following amendments.

Commencement Information

I47 Sch. 4 para. 48 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

49 E+W In section 38(4) (local provision of youth justice services)—

(a) in paragraph (f), for “, reparation orders and action plan orders” substitute “ and reparation orders ”,

(b) after paragraph (f) insert—

“(fa) the provision of persons to act as responsible officers in relation to youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008);

(fb) the supervision of children and young persons sentenced to a youth rehabilitation order under that Part which includes a supervision requirement (within the meaning of that Part);”,

(c) omit paragraph (g), and

(d) in paragraph (h), omit “or a supervision order”.

Commencement Information

I48 Sch. 4 para. 49 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

50 E+W In Schedule 8 (minor and consequential amendments), in paragraph 13(2), for “that section” substitute “ section 10 of that Act ”.

Commencement Information

I49 Sch. 4 para. 50 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) E+W

51 E+W The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.

Commencement Information

I50 Sch. 4 para. 51 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

52 E+W In section 19(4)(a) (making of referral orders: effect on court's other sentencing powers), for “community sentence” substitute “ sentence which consists of or includes a youth rehabilitation order ”.

Commencement Information

I51 Sch. 4 para. 52 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

53 E+W In section 73 (reparation orders)—

(a) for subsection (4)(b) substitute—

“(b) to make in respect of him a youth rehabilitation order or a referral order.”

(b) after subsection (4) insert—

“(4A) 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.”

Commencement Information

I52 Sch. 4 para. 53 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

54 E+W In section 74(3)(a) (requirements and provisions of reparation order, and obligations of person subject to it), omit “or with the requirements of any community order or any youth community order to which he may be subject”.

Commencement Information

I53 Sch. 4 para. 54 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(vi)

55 E+W In section 75 (breach, revocation and amendment of reparation orders) omit “action plan orders and” and “so far as relating to reparation orders”.

Commencement Information

I54 Sch. 4 para. 55 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(vii)

56 E+W In section 91(3) (offenders under 18 convicted of certain serious offences: power to detain for specified period), for “a community sentence” substitute “ a youth rehabilitation order ”.

Commencement Information

I55 Sch. 4 para. 56 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(vii)

57 E+W In section 137(2) (power to order parent or guardian to pay fine, costs, compensation or surcharge)—

(a) after “under—” insert—

“(za) paragraph 6(2)(a) or 8(2)(a) of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach of youth rehabilitation order),”, and

(b) omit paragraphs (a) to (c), and

(c) in paragraph (d) omit “action plan order or”.

Commencement Information

I56 Sch. 4 para. 57 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(viii)

58 E+W In section 150(2) (binding over of parent or guardian), for “a community sentence on the offender” substitute “ on the offender a sentence which consists of or includes a youth rehabilitation order ”.

Commencement Information

I57 Sch. 4 para. 58 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(ix)

59 E+W In section 159 (execution of process between England and Wales and Scotland)—

(a) after “Schedule 1 to this Act,” insert “ or ”,

(b) omit “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”,

(c) omit “paragraph 1(1) of Schedule 5 to this Act”, and

(d) omit “paragraph 7(2) of Schedule 7 to this Act, or”.

Commencement Information

I58 Sch. 4 para. 59(a)(b)(d) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(x)

60 (1) Section 160 (rules and orders) is amended as follows. E+W

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (3)(a)—

(a) omit “40(2)(a),” and

(b) for “103(2) or paragraph 1(1A) of Schedule 3,” substitute “ or 103(2) ”.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 4 para. 60(2) repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(j)(ii), Sch. 23 Pt. 4 (with s. 180)

F3 Sch. 4 para. 60(4) repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(j)(ii), Sch. 23 Pt. 4 (with s. 180)

Commencement Information

I59 Sch. 4 para. 60(1) (3) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xi)

I60 Sch. 4 para. 60(2)(4) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(xi) (Sch. 4 para. 60(2)(4) already repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(j)(ii), Sch. 23 Pt. 4 (with s. 180))

61 E+W In section 163 (general definitions)—

(a) omit the definitions of “action plan order”, “affected person”, “attendance centre”, “attendance centre order”, “community sentence”, “curfew order”, “exclusion order”, “supervision order”, “supervisor” and “youth community order”,

(b) in the definition of “responsible officer”, omit paragraphs (a), (aa) and (f), and

(c) at the end add—

““youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008.”

Commencement Information

I61 Sch. 4 para. 61(a) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(xii)

I62 Sch. 4 para. 61(b)(c) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xii)

62 (1) Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows. E+W

(2) In the heading to the Schedule omit “action plan orders and”.

(3) In the cross-heading before paragraph 2, omit “action plan order or”.

(4) In paragraph 2—

(a) in sub-paragraph (1), for “an action plan order or” substitute “ a ”,

(b) in sub-paragraph (2)—

(i) in paragraph (a), omit sub-paragraphs (ii) and (iii), and

(ii) in each of paragraphs (b) and (c), omit “action plan order or”,

(c) in each of sub-paragraphs (5) and (7), omit “action plan order or”, and

(d) in sub-paragraph (8), omit “or action plan order” in both places where it occurs.

(5) Omit paragraphs 3 and 4.

(6) In the cross-heading before paragraph 5, omit “action plan order or”.

(7) In paragraph 5—

(a) in sub-paragraph (1), for “an action plan order or” substitute “ a ” and, in paragraph (a), omit “action plan order or”, and

(b) in sub-paragraph (3), for “an action plan order or” substitute “ a ”.

(8) In paragraph 6(9), in each of paragraphs (a), (b) and (c), omit “action plan order or”.

(9) In paragraph 7(b), for “an action plan order or” substitute “ a ”.

Commencement Information

I63 Sch. 4 para. 62 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

63 E+W In Schedule 10 (transitory modifications), omit paragraphs 4 to 6 and 12 to 15.

Commencement Information

I64 Sch. 4 para. 63 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

64 E+W In Schedule 11 (transitional provisions)—

(a) in paragraph 4, omit—

(i) paragraph (a) of sub-paragraph (1),

(ii) sub-paragraph (2), and

(iii) sub-paragraph (3), and

(b) omit paragraph 5.

Commencement Information

I65 Sch. 4 para. 64 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

Child Support, Pensions and Social Security Act 2000 (c. 19) E+W

F4 65 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 4 paras. 65-67 repealed (22.3.2010) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 7 Pt. 3; S.I. 2010/293, art. 2(3)(b) (with art. 2(4))

F4 66 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 4 paras. 65-67 repealed (22.3.2010) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 7 Pt. 3; S.I. 2010/293, art. 2(3)(b) (with art. 2(4))

F4 67 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 4 paras. 65-67 repealed (22.3.2010) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 7 Pt. 3; S.I. 2010/293, art. 2(3)(b) (with art. 2(4))

Criminal Justice and Court Services Act 2000 (c. 43) E+W

68 E+W The Criminal Justice and Court Services Act 2000 has effect subject to the following amendments.

Commencement Information

I66 Sch. 4 para. 68 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

69 E+W In section 1(2)(a) (purposes of Chapter), after “2003)” insert “ , youth rehabilitation orders (as defined by section 1 of the Criminal Justice and Immigration Act 2008) ”.

Commencement Information

I67 Sch. 4 para. 69 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

70 E+W In section 70 (interpretation, etc.) omit subsection (5).

Commencement Information

I68 Sch. 4 para. 70 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

Criminal Justice Act 2003 (c. 44) E+W

71 E+W Part 12 of the Criminal Justice Act 2003 (sentencing) has effect subject to the following amendments.

Commencement Information

I69 Sch. 4 para. 71 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

72 (1) Section 147 (meaning of “community sentence” etc.) is amended as follows. E+W

(2) In subsection (1)—

(a) omit paragraph (b), and

(b) after that paragraph insert—

“(c) a youth rehabilitation order.”

(3) Omit subsection (2).

Commencement Information

I70 Sch. 4 para. 72 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

73 (1) Section 148 (restrictions on imposing community sentences) is amended as follows. E+W

(2) In subsection (2)—

(a) omit “which consists of or includes a community order”, and

(b) in paragraph (a), after “community order” insert “ , or, as the case may be, youth rehabilitation order, comprised in the sentence ”.

(3) After that subsection insert—

“(2A) Subsection (2) is subject to paragraph 3(4) of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance).”

(4) Omit subsection (3).

Commencement Information

I71 Sch. 4 para. 73 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

74 E+W In section 149(1) (passing of community sentence on offender remanded in custody) for “youth community order” substitute “ youth rehabilitation order ”.

Commencement Information

I72 Sch. 4 para. 74 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

75 E+W In section 150 (community sentence not available where sentence fixed by law etc.) for “youth community order” substitute “ youth rehabilitation order ”.

Commencement Information

I73 Sch. 4 para. 75 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

76 (1) Section 151 (community order for persistent offender previously fined) is amended as follows. E+W

(2) In the title, after “community order” insert “ or youth rehabilitation order ”.

(3) In subsections (1)(a) and [F5 (1A)(b) ], for “16” substitute “ 18 ”.

(4) After subsection (2) insert—

“(2A) Subsection (2B) applies where—

(a) a person aged 16 or 17 is convicted of an offence (“the current offence”);

(b) on three or more previous occasions the offender has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine; and

(c) despite the effect of section 143(2), the court would not (apart from this section) regard the current offence, or the combination of the current offence and one or more offences associated with it, as being serious enough to warrant a youth rehabilitation order.

(2B) The court may make a youth rehabilitation order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (3), it would be in the interests of justice to make such an order.”

(5) In subsection (3)—

(a) after “(2)” insert “ and (2B) ”; and

(b) in paragraph (a) for “or [F6 (1A)(c) ]” substitute “ [F6 (1A)(c) ] or (2A)(b) ”.

(6) In subsections (4), (5) and (6), for “and [F7 (1A)(c) ]” substitute “ [F7 (1A)(c) ] and (2A)(b) ”.

(7) In section 166 (savings for powers to mitigate etc.), in subsection (1)(a) after “151(2)” insert “ or (2B) ”.

Textual Amendments

F5 Word in Sch. 4 para. 76(3) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(3)(a) (with s. 180)

F6 Word in Sch. 4 para. 76(5)(b) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(3)(b) (with s. 180)

F7 Word in Sch. 4 para. 76(6) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(h), Sch. 21 para. 98(3)(b) (with s. 180)

Commencement Information

I74 Sch. 4 para. 76 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

77 (1) Section 156 (pre-sentence reports and other requirements) is amended as follows. E+W

(2) In subsection (1)—

(a) for “, (2)(b) or (3)(b)” substitute “ or (2)(b), ”, and

(b) after “153(2),” insert “ or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders with intensive supervision and surveillance or fostering), ”.

(3) In subsection (2) omit “or (3)(a)”.

(4) In subsection (3)(b)—

(a) for “, (2)(b) or (3)(b)” substitute “ or (2)(b), or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008, ”, and

(b) after “community order” insert “ or youth rehabilitation order ”.

Commencement Information

I75 Sch. 4 para. 77 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

78 E+W In section 161 (pre-sentence drug testing)—

(a) in subsection (1), omit “aged 14 or over”, and

(b) omit subsection (7).

Commencement Information

I76 Sch. 4 para. 78 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

79 (1) Section 166 (savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders) is amended as follows. E+W

(2) In subsection (1), after paragraph (d) add—

“(e) paragraph 3 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance), or

(f) paragraph 4 of Schedule 1 to that Act (youth rehabilitation order with fostering),”.

(3) In subsections (3) and (5), for “(d)” substitute “ (f) ”.

Commencement Information

I77 Sch. 4 para. 79 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

80 (1) Section 174 (duty to give reasons for, and explain effect of, sentence) is amended as follows. E+W

(2) In subsection (2)—

(a) in paragraph (b), after “that section” insert “ or any other statutory provision ”,

(b) in paragraph (c), after “community sentence” insert “ , other than one consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering, ”, and

(c) after paragraph (c) insert—

“(ca) where the sentence consists of or includes a youth rehabilitation order with intensive supervision and surveillance and the case does not fall within paragraph 5(2) of Schedule 1 to the Criminal Justice and Immigration Act 2008, state that it is of the opinion that section 1(4)(a) to (c) of that Act and section 148(1) of this Act apply and why it is of that opinion,

(cb) where the sentence consists of or includes a youth rehabilitation order with fostering, state that it is of the opinion that section 1(4)(a) to (c) of the Criminal Justice and Immigration Act 2008 and section 148(1) of this Act apply and why it is of that opinion,”.

(3) After subsection (4) insert—

“(4A) Subsection (4B) applies where—

(a) a court passes a custodial sentence in respect of an offence on an offender who is aged under 18, and

(b) the circumstances are such that the court must, in complying with subsection (1)(a), make the statement referred to in subsection (2)(b).

(4B) That statement must include—

(a) a statement by the court that it is of the opinion that a sentence consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering cannot be justified for the offence, and

(b) a statement by the court why it is of that opinion.”

Commencement Information

I78 Sch. 4 para. 80 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

81 E+W In section 176 (interpretation of Chapter 1)—

(a) omit the definition of “youth community order”, and

(b) at the end add—

““youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008;

“youth rehabilitation order with fostering” has the meaning given by paragraph 4 of Schedule 1 to that Act;

“youth rehabilitation order with intensive supervision and surveillance” has the meaning given by paragraph 3 of Schedule 1 to that Act.”

Commencement Information

I79 Sch. 4 para. 81 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

82 E+W In section 177(1) (community orders) for “16” substitute “ 18 ”.

Commencement Information

I80 Sch. 4 para. 82 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

83 E+W In section 197(1)(b) (meaning of “the responsible officer”), omit “the offender is aged 18 or over and”.

Commencement Information

I81 Sch. 4 para. 83 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

84 E+W In section 199 (unpaid work requirement)—

(a) in subsection (3), for “appropriate officer” substitute “ officer of a local probation board or an officer of a provider of probation services ”, and

(b) omit subsection (4).

Commencement Information

I82 Sch. 4 para. 84 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

85 E+W In section 201 (activity requirement), in subsection (3)(a), for sub-paragraphs (i) and (ii) (but not the “and” immediately following sub-paragraph (ii)) substitute “ an officer of a local probation board or an officer of a provider of probation services ”.

Commencement Information

I83 Sch. 4 para. 85 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

86 E+W In section 202 (programme requirement), in subsection (4)(a), for sub-paragraphs (i) and (ii) (but not the “and” immediately following sub-paragraph (ii)) substitute “ by an officer of a local probation board or an officer of a provider of probation services ”.

Commencement Information

I84 Sch. 4 para. 86 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

87 E+W In section 203(2), for paragraphs (a) and (b) substitute “ an officer of a local probation board or an officer of a provider of probation services ”.

Commencement Information

I85 Sch. 4 para. 87 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

88 E+W In section 209(2)(c) (drug rehabilitation requirement), for sub-paragraphs (i) and (ii) substitute “ by an officer of a local probation board or an officer of a provider of probation services, and ”.

Commencement Information

I86 Sch. 4 para. 88 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

89 E+W In section 211 (periodic review of drug rehabilitation requirement), omit subsection (5).

Commencement Information

I87 Sch. 4 para. 89 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

90 E+W In section 214 (attendance centre requirement), after subsection (6) add—

“(7) A requirement to attend at an attendance centre for any period on any occasion operates as a requirement, during that period, to engage in occupation, or receive instruction, under the supervision of and in accordance with instructions given by, or under the authority of, the officer in charge of the centre, whether at the centre or elsewhere.”

Commencement Information

I88 Sch. 4 para. 90 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

91 E+W In section 217(1)(b) (requirement to avoid conflict with religious beliefs etc.), for “school or any other” substitute “ any ”.

Commencement Information

I89 Sch. 4 para. 91 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

92 E+W In section 221(2) (provision of attendance centres)—

(a) omit “or” at the end of paragraph (a),

(b) after that paragraph insert—

“(aa) attendance centre requirements of youth rehabilitation orders, within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008,”, and

(c) omit paragraph (b).

Commencement Information

I90 Sch. 4 para. 92(b) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiv)

93 E+W In section 222(1)(e) (rules), after “attendance centre requirements” insert “ , or to attendance centre requirements imposed by youth rehabilitation orders under Part 1 of the Criminal Justice and Immigration Act 2008, ”.

Commencement Information

I91 Sch. 4 para. 93 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

94 E+W Omit section 279 (drug treatment and testing requirement in action plan order or supervision order).

Commencement Information

I92 Sch. 4 para. 94 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

95 E+W In section 330(5)(a) (orders subject to the affirmative resolution procedure), omit the entry relating to section 161(7).

Commencement Information

I93 Sch. 4 para. 95 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

96 E+W In Schedule 8 (breach, revocation or amendment of community order), omit paragraphs 12, 15 and 17(5) (powers of magistrates' court in case of offender reaching 18).

Commencement Information

I94 Sch. 4 para. 96 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

97 E+W Omit Schedule 24 (drug treatment and testing requirement in action plan order or supervision order).

Commencement Information

I95 Sch. 4 para. 97 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Violent Crime Reduction Act 2006 (c. 38) E+W

98 E+W In section 47 of the Violent Crime Reduction Act 2006 (power to search persons in attendance centres for weapons), in the definition of “relevant person” in subsection (11), for paragraph (b) substitute—

“(b) a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;”.

Commencement Information

I96 Sch. 4 para. 98 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv) (with art. 4)

Offender Management Act 2007 (c. 21) E+W

99 E+W In section 1(4) of the Offender Management Act 2007 (meaning of “the probation purposes”), in the definition of “community order”—

(a) after paragraph (a) insert—

“(aa) a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);”, and

(b) after paragraph (b) insert—

“(c) a youth community order within the meaning of that Act (as it applies to offences committed before section 1 of the Criminal Justice and Immigration Act 2008 comes into force)”.

Commencement Information

I97 Sch. 4 para. 99 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Part 2 E+W Related amendments

Children and Young Persons Act 1933 (c. 12) E+W

100 E+W In section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children or young persons are concerned), in subsection (13)(g)(ii), for “the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Part 1 or 2 of Schedule 15 to the Criminal Justice Act 2003 ”.

Commencement Information

I98 Sch. 4 para. 100 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Children and Young Persons Act 1969 (c. 54) E+W

101 (1) Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows. E+W

(2) In subsection (1A)—

(a) in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”,

(b) in paragraph (b) (as substituted by paragraph 17(2)(b) of this Schedule), in sub-paragraph (ii), after “under” insert “ paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”.

(3) In subsection (1C) (as substituted by paragraph 17(3) of this Schedule)—

(a) in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”, and

(b) in paragraph (c), after “under” insert “ paragraph 4(6) of Schedule 1 or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”.

Commencement Information

I99 Sch. 4 para. 101 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Bail Act 1976 (c. 63) E+W

102 E+W In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others), before paragraph (a) (as substituted by paragraph 23(b) of this Schedule) insert—

“(za) Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 (referral orders: referral back to appropriate court),

(zb) Schedule 8 to that Act (breach of reparation order),”.

Commencement Information

I100 Sch. 4 para. 102 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Magistrates' Courts Act 1980 (c. 43) E+W

103 E+W In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143), at the end insert—

“In Schedule 8, paragraph 2(2)(a)(i) (failure to comply with reparation order)

£1,000”.

Commencement Information

I101 Sch. 4 para. 103 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Child Abduction Act 1984 (c. 37) E+W

104 E+W In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—

(a) in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”, and

(b) in paragraph (b), before “or” (as inserted by paragraph 31(b) of this Schedule) insert “ , paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 ”.

Commencement Information

I102 Sch. 4 para. 104 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Children Act 1989 (c. 41) E+W

105 E+W In section 21(2)(c) of the Children Act 1989 (provision of accommodation for children in police protection or detention or on remand, etc.), after sub-paragraph (i) insert—

“(ia) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach etc. of referral orders and reparation orders);”.

Commencement Information

I103 Sch. 4 para. 105 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) E+W

106 E+W The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.

Commencement Information

I104 Sch. 4 para. 106 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

107 E+W In Schedule 1 (youth offender panels: further court proceedings), after paragraph 9 insert—

“Power to adjourn hearing and remand offender E+W

9ZA (1) This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates' court in proceedings under this Part of this Schedule.

(2) The court may adjourn the hearing, and, where it does so, may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(3) Where the court remands the offender under sub-paragraph (2)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, it must not resume the hearing unless it is satisfied that the persons mentioned in sub-paragraph (5) have had adequate notice of the time and place for the resumed hearing.

(5) The persons referred to in sub-paragraph (4)(b) are—

(a) the offender,

(b) if the offender is aged under 14, a parent or guardian of the offender, and

(c) a member of the youth offending team specified under section 18(1)(a) as responsible for implementing the order.

(6) If a local authority has parental responsibility for an offender who is in its care or provided with accommodation by it in the exercise of any social services functions, the reference in sub-paragraph (5)(b) to a parent or guardian of the offender is to be read as a reference to that authority.

(7) In sub-paragraph (6)—

• “local authority” has the same meaning as it has in Part 1 of the Criminal Justice and Immigration Act 2008 by virtue of section 7 of that Act,

• “parental responsibility” has the same meaning as it has in the Children Act 1989 by virtue of section 3 of that Act, and

• “social services functions” has the same meaning as it has in the Local Authority Social Services Act 1970 by virtue of section 1A of that Act.

(8) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(9) This paragraph—

(a) applies to any hearing in proceedings under this Part of this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.”

Commencement Information

I105 Sch. 4 para. 107 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

108 (1) Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows. E+W

(2) Omit paragraph 1 and the heading before that paragraph.

(3) In paragraph 2(1), for “the appropriate court,” substitute—

“(a) a youth court acting in the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, a youth court acting in the local justice area for the time being named in the order in pursuance of section 74(4) of this Act,”.

(4) In paragraph 5—

(a) in sub-paragraphs (1) and (3), for “appropriate court” substitute “ relevant court ”, and

(b) at the end insert—

“(4) In this paragraph, “the relevant court” means—

(a) a youth court acting in the local justice area for the time being named in the order in pursuance of section 74(4) of this Act, or

(b) in the case of an application made both under this paragraph and under paragraph 2(1), the court mentioned in paragraph 2(1).”

(5) In paragraph 6—

(a) in sub-paragraph (1), for “the appropriate court” substitute “ a court ”,

(b) in sub-paragraph (4), for “the appropriate court” substitute “ the court before which the warrant directs the offender to be brought (“the relevant court”) ”,

(c) in sub-paragraph (5), for “the appropriate court” substitute “ the relevant court ”, and

(d) in sub-paragraph (7), for “the appropriate court”, in each place it occurs, substitute “ the relevant court ”.

(6) After paragraph 6 insert—

“Power to adjourn hearing and remand offender E+W

6A (1) This paragraph applies to any hearing relating to an offender held by a youth court in any proceedings under this Schedule.

(2) The court may adjourn the hearing, and, where it does so, may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(3) Where the court remands the offender under sub-paragraph (2)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, it must not resume the hearing unless it is satisfied that the persons mentioned in sub-paragraph (5) have had adequate notice of the time and place for the resumed hearing.

(5) The persons referred to in sub-paragraph (4)(b) are—

(a) the offender,

(b) if the offender is aged under 14, a parent or guardian of the offender, and

(c) the responsible officer.

(6) If a local authority has parental responsibility for an offender who is in its care or provided with accommodation by it in the exercise of any social services functions, the reference in sub-paragraph (5)(b) to a parent or guardian of the offender is to be read as a reference to that authority.

(7) In sub-paragraph (6)—

• “local authority” has the same meaning as it has in Part 1 of the Criminal Justice and Immigration Act 2008 by virtue of section 7 of that Act,

• “parental responsibility” has the same meaning as it has in the Children Act 1989 by virtue of section 3 of that Act, and

• “social services functions” has the same meaning as it has in the Local Authority Social Services Act 1970 by virtue of section 1A of that Act.

(8) The powers of a youth court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(9) This paragraph—

(a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.”

Commencement Information

I106 Sch. 4 para. 108 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)

Criminal Justice Act 2003 (c. 44) E+W

109 E+W In Schedule 8 to the Criminal Justice Act 2003 (breach, revocation or amendment of community order), after paragraph 25 insert—

“25A (1) This paragraph applies to any hearing relating to an offender held by a magistrates' court in any proceedings under this Schedule.

(2) The court may adjourn the hearing, and, where it does so, may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(3) Where the court remands the offender under sub-paragraph (2)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, it must not resume the hearing unless it is satisfied that the offender and the responsible officer have had adequate notice of the time and place for the resumed hearing.

(5) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(6) This paragraph—

(a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.”

Commencement Information

I107 Sch. 4 para. 109 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)