Sentencing Act 2020

PART 3 Making or amendment of order in accordance with Part 1 of this Schedule

Application

8 This Part of this Schedule applies in a case where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule.

Explanation to be given by court before order is made or amended

9 Before making or amending the youth rehabilitation order, the court must explain to the offender in ordinary language—

(a) the effect of paragraph 15(1) (order to be treated as corresponding order),

(b) the requirements of the legislation in Northern Ireland relating to corresponding orders,

(c) the powers of the home court under that legislation, as modified by Part 4 of this Schedule, and

(d) its own powers in relation to the youth rehabilitation order under Part 4 of this Schedule.

Matters to be specified in the order

10 (1) The youth rehabilitation order must specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Northern Ireland.

(2) If the youth rehabilitation order is made by the Crown Court and includes a direction under section 189, the order must specify the youth court or other magistrates’ court in England and Wales which is to be the relevant court in England and Wales for the purposes of this Schedule.

Provision of copies

11 (1) The court which makes or amends the youth rehabilitation order must forthwith—

(a) provide each of the persons mentioned in sub-paragraph (2) with a copy of the order as made or amended, and

(b) provide the home court with—

(i) a copy of the order as made or amended, and

(ii) such other documents and information relating to the case as it considers likely to be of assistance to the home court.

(2) Those persons are—

(a) the offender,

(b) if the offender is aged under 14—

(i) the offender’s parent or guardian, or

(ii) if an authority in Northern Ireland has parental responsibility for, and is looking after, the offender, the authority, and

(c) the body which is to make suitable arrangements for the offender’s supervision under the order.

(3) In sub-paragraph (2)(b)(ii)—

(a) “authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

(b) the reference to an offender who is looked after by an authority is to be construed in accordance with Article 25 of that Order, and

(c) “parental responsibility” has the same meaning as in that Order.

(4) If the court—

(a) makes a youth rehabilitation order which imposes a requirement specified in column 1 of the following table, or

(b) amends a youth rehabilitation order so as to impose or amend such a requirement,

the court must also forthwith provide the person specified in the corresponding entry in column 2 of the table with a copy of so much of the youth rehabilitation order or amending order as relates to the requirement—

Requirement	Person to whom copy of requirement is to be given
An activity requirement which comprises or includes a specified place obligation.	The person in charge of each place specified under paragraph 3(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified activities obligation.	The person in charge of each activity specified under paragraph 4(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified residential exercise obligation.	The person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6
An attendance centre requirement.	The officer in charge of the attendance centre specified under paragraph 14(2)(a) of Schedule 6
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender.	The person intended to be protected
A residence requirement requiring residence with an individual.	The individual specified under paragraph 22(2)(b) of Schedule 6
A place of residence requirement (within the meaning of paragraph 22 of Schedule 6) relating to residence in an institution.	The person in charge of the institution
A mental health treatment requirement.	The person in charge of the institution or place specified under sub-paragraph (3)(b)(i) or (ii) of paragraph 28 of Schedule 6, or the person specified under sub-paragraph (3)(b)(iii) of that paragraph
A drug treatment requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
A drug testing requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An intoxicating substance treatment requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An education requirement.	The Education Authority established under section 1 of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.))
An electronic monitoring requirement.	Any person who by virtue of paragraph 42(1) of Schedule 6 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not have been included in the order.

(5) This paragraph has effect in place of section 190.