Sentencing Act 2020

Exercise of powers under paragraph 15(3)(b): further provision E+W

17 (1) Before exercising its powers under paragraph 15(3)(b) (replacing requirements of a youth rehabilitation order), the court must summon the offender to appear before it, unless— E+W

(a) the application under paragraph 15(1)(b) was made by the offender, or

(b) the court would exercise the powers only to—

(i) replace any requirement of the youth rehabilitation order with one of a shorter duration, or

(ii) substitute a new local justice area or place for one specified in the order.

(2) If the offender fails to appear in answer to a summons under sub-paragraph (1) the court may issue a warrant for the offender's arrest.

(3) Any requirement imposed under paragraph 15(3)(b) must be capable of being complied with before the end date.

This is subject to paragraph 18.

(4) Any provision that applies to a court where it imposes a requirement on making a youth rehabilitation order applies also to the court where it imposes such a requirement under paragraph 15(3)(b).

That is subject to the following provisions of this paragraph and paragraphs 18 and 19.

(5) Sub-paragraph (6) applies where—

(a) the order includes a fostering requirement (the “original requirement”), and

(b) under paragraph 15(3)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement.

(6) The fostering period (see paragraph 26(3) of Schedule 6) for the substitute requirement must end—

(a) within 18 months beginning with the day on which the original requirement first took effect, and

(b) before the offender reaches the age of 18.

(7) The court may not under paragraph 15(3)(b) impose—

(a) a mental health treatment requirement,

(b) a drug treatment requirement, or

(c) a drug testing requirement,

unless the offender has expressed willingness to comply with the requirement.

(8) If the offender fails to express willingness to comply with a mental health treatment requirement, a drug treatment requirement or a drug testing requirement which the court proposes to impose under paragraph 15(3)(b), the court may—

(a) revoke the youth rehabilitation order, and

(b) re-sentence the offender for the offence in respect of which the order was made.

(9) If the court deals with the offender under sub-paragraph (8)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

Modifications etc. (not altering text)

C1 Sch. 7 applied (with modifications) by 2008 c. 4, s. 39(6)(c), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1 Sch. 7 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2