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.