SCHEDULES

SCHEDULE 4Youth rehabilitation orders: consequential and related amendments

Part 1Consequential amendments

Criminal Justice Act 1991 (c. 53)

I141

1

Paragraph 11 is amended as follows.

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.