Prospective
Section 39(6)
1E+WAny reference to the offender is, in relation to a youth default order, to be read as a reference to the person in default; and any reference to the time when the offender is convicted is to be read as a reference to the time when the order is made.
2F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
(2)[F2In its application to a youth default order, paragraph 10 (unpaid work requirement) of Schedule 6 to the Sentencing Code has effect as if for paragraphs (a) and (b) of sub-paragraph (3)] there were substituted—
“(a)not less than 20, and
(b)in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
Amount | Number of hours |
---|---|
An amount not exceeding £200 | 40 |
An amount exceeding £200 but not exceeding £500 | 60 |
An amount exceeding £500 | 100”. |
[F3(3)In its application to a youth default order, subsection (3) of section 198 of the Sentencing Code (when a youth rehabilitation order is in force) has effect subject to section 39(7)(a) of the Criminal Justice and Immigration Act 2008.]
Textual Amendments
F1Sch. 7 para. 2(1) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F2Words in Sch. 7 para. 2(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F3Sch. 7 para. 2(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(2)(c) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
Modifications etc. (not altering text)
C1Sch. 7 para. 2(1) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
3(1)In its application to a youth default order, [F4paragraph 14 of Schedule 6 to the Sentencing Code] (attendance centre requirement) is modified as follows.E+W
(2)[F5Sub-paragraph (3)] has effect as if—
(a)in paragraph (a), for the words following “conviction” there were substituted F6“... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
Amount | Number of hours |
---|---|
An amount not exceeding £250 | 8 |
An amount exceeding £250 but not exceeding £500 | 14 |
An amount exceeding £500 | 24”, |
(b)in paragraph (b), for the words following “conviction” there were substituted F7“... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
Amount | Number of hours |
---|---|
An amount not exceeding £250 | 8 |
An amount exceeding £250 but not exceeding £500 | 14 |
An amount exceeding £500 | 24”, |
(c)in paragraph (c), for “must not be more than 12” there were substituted F8“... in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
Amount | Number of hours |
---|---|
An amount not exceeding £250 | 8 |
An amount exceeding £250 but not exceeding £500 | 10 |
An amount exceeding £500 | 12”. |
Textual Amendments
F4Words in Sch. 7 para. 3(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F5Words in Sch. 7 para. 3(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(b)(i) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F6Words in Sch. 7 para. 3(2)(a) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F7Words in Sch. 7 para. 3(2)(b) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F8Words in Sch. 7 para. 3(2)(c) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
Modifications etc. (not altering text)
C2Sch. 7 para. 3(2) modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
4(1)In its application to a youth default order, [F9paragraph 18 of Schedule 6 to the Sentencing Code] (curfew requirement) is modified as follows.E+W
(2)That paragraph has effect as if after [F10sub-paragraph (4)] there were inserted—
[F11“(4A)] In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column.
Amount | Number of days |
---|---|
An amount not exceeding £200 | 20 |
An amount exceeding £200 but not exceeding £500 | 30 |
An amount exceeding £500 but not exceeding £1,000 | 60 |
An amount exceeding £1,000 but not exceeding £2,000 | 90 |
An amount exceeding £2,000 | 180”. |
Textual Amendments
F9Words in Sch. 7 para. 4(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(4)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F10Words in Sch. 7 para. 4(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(4)(b)(i) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F11Word in Sch. 7 para. 4(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(4)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
5(1)In its application to a youth default order, [F12Schedule 7 to the Sentencing Code (breach, revocation or amendment of youth rehabilitation order)] is modified as follows.E+W
(2)Any reference to the offence in respect of which the youth rehabilitation order was made is to be read as a reference to the default in respect of which the youth default order was made.
(3)Accordingly, any power of the court to revoke a youth rehabilitation order and deal with the offender for the offence is to be taken to be a power to revoke the youth default order and deal with him in any way in which the court which made the youth default order could deal with him for his default in paying the sum in question.
(4)[F13Paragraph 3] has effect as if for paragraphs (a) and (b) there were substituted “ as having been made by a magistrates' court ”.
[F14(5)The following provisions are omitted—
(a)in paragraph 6—
(i)sub-paragraph (5)(a),
(ii)the words “add or” in sub-paragraph (5)(b), and
(iii)sub-paragraph (11);
(b)paragraph 9;
(c)paragraph 11;
(d)paragraph 12(8);
(e)paragraph 21(6);
(f)paragraph 23(2)(b).]
Textual Amendments
F12Words in Sch. 7 para. 5(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(5)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F13Words in Sch. 7 para. 5(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(5)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F14Sch. 7 para. 5(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(5)(c) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
6E+WThe Secretary of State may by order amend paragraph 2, 3 or 4 by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.
7(1)In its application to a youth default order, [F15Schedule 8 to the Sentencing Code (transfer of youth rehabilitation orders to Northern Ireland)] is modified as follows.E+W+N.I.
(2)[F16Paragraph 15] has effect as if, after sub-paragraph (2) there were inserted—
“(3)Nothing in sub-paragraph (1) affects the application of section 39(7) [F17of the Criminal Justice and Immigration Act 2008] to a youth default order made or amended in accordance with [F18Part 1 of this Schedule].”
[F19(3)Paragraph 16 has effect as if after sub-paragraph (5) there were inserted—
“(5A)The home court may not impose a fine on the offender.”]
Textual Amendments
F15Words in Sch. 7 para. 7(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F16Words in Sch. 7 para. 7(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(b)(i) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F17Words in Sch. 7 para. 7(2) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F18Words in Sch. 7 para. 7(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(b)(iii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F19Sch. 7 para. 7(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(c) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2