SCHEDULES

SCHEDULE 8Transfer of youth rehabilitation orders to Northern Ireland

PART 1Powers of court in England and Wales to make or amend a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

1Making of youth rehabilitation order where offender will reside in Northern Ireland

1

This paragraph applies where—

a

a youth rehabilitation order is available to a court dealing with an offender, and

b

the court is satisfied that the offender—

i

resides in Northern Ireland, or

ii

if a youth rehabilitation order is made, will reside there when the order takes effect.

2

The court may make a youth rehabilitation order only if—

a

it appears to the court that suitable arrangements for the offender’s supervision can be made by—

i

the Probation Board for Northern Ireland, or

ii

any other designated body, and

b

the order will satisfy paragraphs 4 to 6.

2Amendment of youth rehabilitation order where offender will reside in Northern Ireland

1

This paragraph applies where—

a

a youth rehabilitation order is in force,

b

the appropriate court (within the meaning given in paragraph 14 of Schedule 7) is satisfied that the offender—

i

resides in Northern Ireland, or

ii

proposes to reside there, and

c

it appears to the court that suitable arrangements for the offender’s supervision can be made by—

i

the Probation Board for Northern Ireland, or

ii

any other designated body.

2

The power of the appropriate court to amend the order under Part 4 of Schedule 7 (“the amendment power”) includes power to amend the order by requiring—

a

the order to be complied with in Northern Ireland, and

b

the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

3

But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 to 6.