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Section 1
1 Subsection (1) of section 1 has effect subject to the following provisions of Part 2 of this Schedule which relate to particular requirements—
(a) paragraph 8(3) and (4) (activity requirement),
(b) paragraph 10(3) (unpaid work requirement),
(c) paragraph 11(3) and (4) (programme requirement),
(d) paragraph 12(3) (attendance centre requirement),
(e) paragraph 13(2) (prohibited activity requirement),
(f) paragraph 16(2), (4) and (7) (residence requirement),
(g) paragraphs 17(3) and (4) and 19 (local authority residence requirement),
(h) paragraph 20(3) (mental health treatment requirement),
(i) paragraph 22(2) and (4) (drug treatment requirement),
(j) paragraph 23(3) (drug testing requirement),
(k) paragraph 24(2) and (4) (intoxicating substance treatment requirement), and
(l) paragraph 25(4) (education requirement).
2 (1) Sub-paragraph (2) applies to a youth rehabilitation order which—
(a) imposes a curfew requirement (whether by virtue of paragraph 3(4)(b) or otherwise), or
(b) imposes an exclusion requirement.
(2) The order must also impose an electronic monitoring requirement unless—
(a) in the particular circumstances of the case, the court considers it inappropriate for the order to do so, or
(b) the court is prevented by paragraph 26(3) or (6) from including such a requirement in the order.
(3) Subsection (2)(a) of section 1 has effect subject to paragraph 26(3) and (6).
3 (1) This paragraph applies where paragraphs (a) to (c) of section 1(4) are satisfied.
(2) The court, if it makes a youth rehabilitation order which imposes an activity requirement, may specify in relation to that requirement a number of days which is more than 90 but not more than 180.
(3) Such an activity requirement is referred to in this Part of this Act as “an extended activity requirement”.
(4) A youth rehabilitation order which imposes an extended activity requirement must also impose—
(a) a supervision requirement, and
(b) a curfew requirement (and, accordingly, if so required by paragraph 2, an electronic monitoring requirement).
(5) A youth rehabilitation order which imposes an extended activity requirement (and other requirements in accordance with sub-paragraph (4)) is referred to in this Part of this Act as “a youth rehabilitation order with intensive supervision and surveillance” (whether or not it also imposes any other requirement mentioned in section 1(1)).
4 (1) This paragraph applies where paragraphs (a) to (c) of section 1(4) are satisfied.
(2) If the court is satisfied—
(a) that the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and
(b) that the imposition of a fostering requirement (see paragraph 18) would assist in the offender’s rehabilitation,
it may make a youth rehabilitation order in accordance with section 1 which imposes a fostering requirement.
(3) But a court may not impose a fostering requirement unless—
(a) it has consulted the offender’s parents or guardians (unless it is impracticable to do so), and
(b) it has consulted the local authority which is to place the offender with a local authority foster parent.
(4) A youth rehabilitation order which imposes a fostering requirement must also impose a supervision requirement.
(5) This paragraph has effect subject to paragraphs 18(7) and 19 (pre-conditions to imposing fostering requirement).
(6) A youth rehabilitation order which imposes a fostering requirement is referred to in this Part of this Act as “a youth rehabilitation order with fostering” (whatever other requirements mentioned in section 1(1) or (2) it imposes).
5 (1) A youth rehabilitation order with intensive supervision and surveillance may not impose a fostering requirement.
(2) Nothing in—
(a) section 1(4)(b), or
(b) section 148(1) or (2)(b) of the Criminal Justice Act 2003 (c. 44) (restrictions on imposing community sentences),
prevents a court from making a youth rehabilitation order with intensive supervision and surveillance in respect of an offender if the offender fails to comply with an order under section 161(2) of the Criminal Justice Act 2003 (pre-sentence drug testing).
6 (1) In this Part of this Act “activity requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must do any or all of the following—
(a) participate, on such number of days as may be specified in the order, in activities at a place, or places, so specified;
(b) participate in an activity, or activities, specified in the order on such number of days as may be so specified;
(c) participate in one or more residential exercises for a continuous period or periods comprising such number or numbers of days as may be specified in the order;
(d) in accordance with paragraph 7, engage in activities in accordance with instructions of the responsible officer on such number of days as may be specified in the order.
(2) Subject to paragraph 3(2), the number of days specified in the order under sub-paragraph (1) must not, in aggregate, be more than 90.
(3) A requirement such as is mentioned in sub-paragraph (1)(a) or (b) operates to require the offender, in accordance with instructions given by the responsible officer, on the number of days specified in the order in relation to the requirement—
(a) in the case of a requirement such as is mentioned in sub-paragraph (1)(a), to present himself or herself at a place specified in the order to a person of a description so specified, or
(b) in the case of a requirement such as is mentioned in sub-paragraph (1)(b), to participate in an activity specified in the order,
and, on each such day, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be).
(4) Where the order requires the offender to participate in a residential exercise, it must specify, in relation to the exercise—
(a) a place, or
(b) an activity.
(5) A requirement to participate in a residential exercise operates to require the offender, in accordance with instructions given by the responsible officer—
(a) if a place is specified under sub-paragraph (4)(a)—
(i) to present himself or herself at the beginning of the period specified in the order in relation to the exercise, at the place so specified to a person of a description specified in the instructions, and
(ii) to reside there for that period,
(b) if an activity is specified under sub-paragraph (4)(b), to participate, for the period specified in the order in relation to the exercise, in the activity so specified,
and, during that period, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be).
7 (1) Subject to sub-paragraph (3), instructions under paragraph 6(1)(d) relating to any day must require the offender to do either of the following—
(a) present himself or herself to a person or persons of a description specified in the instructions at a place so specified;
(b) participate in an activity specified in the instructions.
(2) Any such instructions operate to require the offender, on that day or while participating in that activity, to comply with instructions given by, or under the authority of, the person in charge of the place or, as the case may be, the activity.
(3) If the order so provides, instructions under paragraph 6(1)(d) may require the offender to participate in a residential exercise for a period comprising not more than 7 days, and, for that purpose—
(a) to present himself or herself at the beginning of that period to a person of a description specified in the instructions at a place so specified and to reside there for that period, or
(b) to participate for that period in an activity specified in the instructions.
(4) Instructions such as are mentioned in sub-paragraph (3)—
(a) may not be given except with the consent of a parent or guardian of the offender, and
(b) operate to require the offender, during the period specified under that sub-paragraph, to comply with instructions given by, or under the authority of, the person in charge of the place or activity specified under sub-paragraph (3)(a) or (b) (as the case may be).
8 (1) Instructions given by, or under the authority of, a person in charge of any place under any of the following provisions—
(a) paragraph 6(3),
(b) paragraph 6(5),
(c) paragraph 7(2), or
(d) paragraph 7(4)(b),
may require the offender to engage in activities otherwise than at that place.
(2) An activity specified—
(a) in an order under paragraph 6(1)(b), or
(b) in instructions given under paragraph 6(1)(d),
may consist of or include an activity whose purpose is that of reparation, such as an activity involving contact between an offender and persons affected by the offences in respect of which the order was made.
(3) A court may not include an activity requirement in a youth rehabilitation order unless—
(a) it has consulted a member of a youth offending team, an officer of a local probation board or an officer of a provider of probation services,
(b) it is satisfied that it is feasible to secure compliance with the requirement, and
(c) it is satisfied that provision for the offender to participate in the activities proposed to be specified in the order can be made under the arrangements for persons to participate in such activities which exist in the local justice area in which the offender resides or is to reside.
(4) A court may not include an activity requirement in a youth rehabilitation order if compliance with that requirement would involve the co-operation of a person other than the offender and the responsible officer, unless that other person consents to its inclusion.
9 In this Part of this Act “supervision requirement”, in relation to a youth rehabilitation order, means a requirement that, during the period for which the order remains in force, the offender must attend appointments with the responsible officer or another person determined by the responsible officer, at such times and places as may be determined by the responsible officer.
10 (1) In this Part of this Act “unpaid work requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must perform unpaid work in accordance with this paragraph.
(2) The number of hours which a person may be required to work under an unpaid work requirement must be specified in the youth rehabilitation order and must be, in aggregate—
(a) not less than 40, and
(b) not more than 240.
(3) A court may not impose an unpaid work requirement in respect of an offender unless—
(a) after hearing (if the court thinks necessary) an appropriate officer, the court is satisfied that the offender is a suitable person to perform work under such a requirement, and
(b) the court is satisfied that provision for the offender to work under such a requirement can be made under the arrangements for persons to perform work under such a requirement which exist in the local justice area in which the offender resides or is to reside.
(4) In sub-paragraph (3)(a) “an appropriate officer” means a member of a youth offending team, an officer of a local probation board or an officer of a provider of probation services.
(5) An offender in respect of whom an unpaid work requirement of a youth rehabilitation order is in force must perform for the number of hours specified in the order such work at such times as the responsible officer may specify in instructions.
(6) Subject to paragraph 17 of Schedule 2, the work required to be performed under an unpaid work requirement of a youth rehabilitation order must be performed during the period of 12 months beginning with the day on which the order takes effect.
(7) Unless revoked, a youth rehabilitation order imposing an unpaid work requirement remains in force until the offender has worked under it for the number of hours specified in it.
11 (1) In this Part of this Act “programme requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must participate in a systematic set of activities (“a programme”) specified in the order at a place or places so specified on such number of days as may be so specified.
(2) A programme requirement may require the offender to reside at any place specified in the order under sub-paragraph (1) for any period so specified if it is necessary for the offender to reside there for that period in order to participate in the programme.
(3) A court may not include a programme requirement in a youth rehabilitation order unless—
(a) the programme which the court proposes to specify in the order has been recommended to the court by—
(i) a member of a youth offending team,
(ii) an officer of a local probation board, or
(iii) an officer of a provider of probation services,
as being suitable for the offender, and
(b) the court is satisfied that the programme is available at the place or places proposed to be specified.
(4) A court may not include a programme requirement in a youth rehabilitation order if compliance with that requirement would involve the co-operation of a person other than the offender and the offender’s responsible officer, unless that other person consents to its inclusion.
(5) A requirement to participate in a programme operates to require the offender—
(a) in accordance with instructions given by the responsible officer to participate in the programme at the place or places specified in the order on the number of days so specified, and
(b) while at any of those places, to comply with instructions given by, or under the authority of, the person in charge of the programme.
12 (1) In this Part of this Act “attendance centre requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must attend at an attendance centre specified in the order for such number of hours as may be so specified.
(2) The aggregate number of hours for which the offender may be required to attend at an attendance centre—
(a) if the offender is aged 16 or over at the time of conviction, must be—
(i) not less than 12, and
(ii) not more than 36;
(b) if the offender is aged 14 or over but under 16 at the time of conviction, must be—
(i) not less than 12, and
(ii) not more than 24;
(c) if the offender is aged under 14 at the time of conviction, must not be more than 12.
(3) A court may not include an attendance centre requirement in a youth rehabilitation order unless it—
(a) has been notified by the Secretary of State that—
(i) an attendance centre is available for persons of the offender’s description, and
(ii) provision can be made at the centre for the offender, and
(b) is satisfied that the attendance centre proposed to be specified is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances.
(4) The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer.
(5) The subsequent hours are to be fixed by the officer in charge of the centre—
(a) in accordance with arrangements made by the responsible officer, and
(b) having regard to the offender’s circumstances.
(6) An offender may not be required under this paragraph to attend at an attendance centre—
(a) on more than one occasion on any day, or
(b) for more than three hours on any occasion.
(7) A requirement to attend at an attendance centre for any period on any occasion operates as a requirement—
(a) to attend at the centre at the beginning of the period, and
(b) during that period, to engage in occupation, or receive instruction, under the supervision of and in accordance with instructions given by, or under the authority of, the officer in charge of the centre, whether at the centre or elsewhere.
13 (1) In this Part of this Act “prohibited activity requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must refrain from participating in activities specified in the order—
(a) on a day or days so specified, or
(b) during a period so specified.
(2) A court may not include a prohibited activity requirement in a youth rehabilitation order unless it has consulted—
(a) a member of a youth offending team,
(b) an officer of a local probation board, or
(c) an officer of a provider of probation services.
(3) The requirements that may by virtue of this paragraph be included in a youth rehabilitation order include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968 (c. 27).
14 (1) In this Part of this Act “curfew requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must remain, for periods specified in the order, at a place so specified.
(2) A youth rehabilitation order imposing a curfew requirement may specify different places or different periods for different days, but may not specify periods which amount to less than 2 hours or more than 12 hours in any day.
(3) A youth rehabilitation order imposing a curfew requirement may not specify periods which fall outside the period of 6 months beginning with the day on which the requirement first takes effect.
(4) Before making a youth rehabilitation order imposing a curfew requirement, the court must obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).
15 (1) In this Part of this Act “exclusion requirement”, in relation to a youth rehabilitation order, means a provision prohibiting the offender from entering a place specified in the order for a period so specified.
(2) The period specified must not be more than 3 months.
(3) An exclusion requirement—
(a) may provide for the prohibition to operate only during the periods specified in the order, and
(b) may specify different places for different periods or days.
(4) In this paragraph “place” includes an area.
16 (1) In this Part of this Act, “residence requirement”, in relation to a youth rehabilitation order, means a requirement that, during the period specified in the order, the offender must reside—
(a) with an individual specified in the order, or
(b) at a place specified in the order.
(2) A court may not by virtue of sub-paragraph (1)(a) include in a youth rehabilitation order a requirement that the offender reside with an individual unless that individual has consented to the requirement.
(3) In this paragraph, a residence requirement falling within sub-paragraph (1)(b) is referred to as “a place of residence requirement”.
(4) A court may not include a place of residence requirement in a youth rehabilitation order unless the offender was aged 16 or over at the time of conviction.
(5) If the order so provides, a place of residence requirement does not prohibit the offender from residing, with the prior approval of the responsible officer, at a place other than that specified in the order.
(6) Before making a youth rehabilitation order containing a place of residence requirement, the court must consider the home surroundings of the offender.
(7) A court may not specify a hostel or other institution as the place where an offender must reside for the purposes of a place of residence requirement except on the recommendation of—
(a) a member of a youth offending team,
(b) an officer of a local probation board,
(c) an officer of a provider of probation services, or
(d) a social worker of a local authority.
17 (1) In this Part of this Act, “local authority residence requirement”, in relation to a youth rehabilitation order, means a requirement that, during the period specified in the order, the offender must reside in accommodation provided by or on behalf of a local authority specified in the order for the purposes of the requirement.
(2) A youth rehabilitation order which imposes a local authority residence requirement may also stipulate that the offender is not to reside with a person specified in the order.
(3) A court may not include a local authority residence requirement in a youth rehabilitation order made in respect of an offence unless it is satisfied—
(a) that the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and
(b) that the imposition of that requirement will assist in the offender’s rehabilitation.
(4) A court may not include a local authority residence requirement in a youth rehabilitation order unless it has consulted—
(a) a parent or guardian of the offender (unless it is impracticable to consult such a person), and
(b) the local authority which is to receive the offender.
(5) A youth rehabilitation order which imposes a local authority residence requirement must specify, as the local authority which is to receive the offender, the local authority in whose area the offender resides or is to reside.
(6) Any period specified in a youth rehabilitation order as a period for which the offender must reside in accommodation provided by or on behalf of a local authority must—
(a) not be longer than 6 months, and
(b) not include any period after the offender has reached the age of 18.
18 (1) In this Part of this Act “fostering requirement”, in relation to a youth rehabilitation order, means a requirement that, for a period specified in the order, the offender must reside with a local authority foster parent.
(2) A period specified in a youth rehabilitation order as a period for which the offender must reside with a local authority foster parent must—
(a) end no later than the end of the period of 12 months beginning with the date on which the requirement first has effect (but subject to paragraphs 6(9), 8(9) and 16(2) of Schedule 2), and
(b) not include any period after the offender has reached the age of 18.
(3) A youth rehabilitation order which imposes a fostering requirement must specify the local authority which is to place the offender with a local authority foster parent under section 23(2)(a) of the Children Act 1989 (c. 41).
(4) The authority so specified must be the local authority in whose area the offender resides or is to reside.
(5) If at any time during the period specified under sub-paragraph (1), the responsible officer notifies the offender—
(a) that no suitable local authority foster parent is available, and
(b) that the responsible officer has applied or proposes to apply under Part 3 or 4 of Schedule 2 for the revocation or amendment of the order,
the fostering requirement is, until the determination of the application, to be taken to require the offender to reside in accommodation provided by or on behalf of a local authority.
(6) This paragraph does not affect the power of a local authority to place with a local authority foster parent an offender in respect of whom a local authority residence requirement is imposed.
(7) A court may not include a fostering requirement in a youth rehabilitation order unless 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.
(8) In this paragraph, “local authority foster parent” has the same meaning as it has in the Children Act 1989.
19 (1) A court may not include a local authority residence requirement or a fostering requirement in a youth rehabilitation order in respect of an offender unless—
(a) the offender was legally represented at the relevant time in court, or
(b) either of the conditions in sub-paragraph (2) is satisfied.
(2) Those conditions are—
(a) that the offender was granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service for the purposes of the proceedings but the right was withdrawn because of the offender’s conduct, or
(b) that 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.
(3) In this paragraph—
“the proceedings” means—
the whole proceedings, or
the part of the proceedings relating to the imposition of the local authority residence requirement or the fostering requirement;
“the relevant time” means the time when the court is considering whether to impose that requirement.
20 (1) In this Part of this Act “mental health treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment by or under the direction of a registered medical practitioner or a chartered psychologist (or both, for different periods) with a view to the improvement of the offender’s mental condition.
(2) The treatment required during a period specified under sub-paragraph (1) must be such one of the following kinds of treatment as may be specified in the youth rehabilitation order—
(a) treatment as a resident patient in an independent hospital or care home within the meaning of the Care Standards Act 2000 (c. 14) or a hospital within the meaning of the Mental Health Act 1983 (c. 20), but not in hospital premises where high security psychiatric services within the meaning of that Act are provided;
(b) treatment as a non-resident patient at such institution or place as may be specified in the order;
(c) treatment by or under the direction of such registered medical practitioner or chartered psychologist (or both) as may be so specified;
but the order must not otherwise specify the nature of the treatment.
(3) A court may not include a mental health treatment requirement in a youth rehabilitation order unless—
(a) the court is satisfied, on the evidence of a registered medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983 (c. 20), that the mental condition of the offender—
(i) is such as requires and may be susceptible to treatment, but
(ii) is not such as to warrant the making of a hospital order or guardianship order within the meaning of that Act,
(b) the court is also satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including, where the offender is to be required to submit to treatment as a resident patient, arrangements for the reception of the offender), and
(c) the offender has expressed willingness to comply with the requirement.
(4) While the offender is under treatment as a resident patient in pursuance of a mental health treatment requirement of a youth rehabilitation order, the responsible officer is to carry out the supervision of the offender to such extent only as may be necessary for the purpose of the revocation or amendment of the order.
(5) Subsections (2) and (3) of section 54 of the Mental Health Act 1983 have effect with respect to proof of an offender’s mental condition for the purposes of sub-paragraph (3)(a) as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.
(6) In this paragraph and paragraph 21, “chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists.
Criminal Justice and Immigration Act 2008