Sentencing Act 2020

27 E+W A court may not make a youth rehabilitation order which imposes a fostering requirement unless the requirements in A to D are met.

1 The court is satisfied that—

(a) the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and

(b) imposing that requirement would assist in the offender's rehabilitation.

2 The court has been notified by the Secretary of State that arrangements for implementing such a requirement are available in the area of the local authority which is to place the offender with a local authority foster parent (and the notice has not been withdrawn).

3 The court has consulted—

(a) the offender's parents or guardians (unless it is impracticable to do so), and

(b) the local authority which is to place the offender with a local authority foster parent.

4 The offender was legally represented in court when the court was considering whether to impose the fostering requirement, but this does not apply if—

(a) representation was made available to the offender for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the offender's conduct, or

(b) the offender has been informed of the right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.

For this purpose, “the proceedings” means—

• the whole proceedings, or

• the part of the proceedings relating to the imposition of the fostering requirement.

Commencement Information

I1 Sch. 6 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2