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SCHEDULE 1 continued PART 2 continued
21 (1) Where the registered medical practitioner or chartered psychologist by whom or under whose direction an offender is being treated in pursuance of a mental health treatment requirement is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—
(a) is not specified in the youth rehabilitation order, and
(b) is one in or at which the treatment of the offender will be given by or under the direction of a registered medical practitioner or chartered psychologist,
the medical practitioner or psychologist may make arrangements for the offender to be treated accordingly.
(2) Such arrangements as are mentioned in sub-paragraph (1) may only be made if the offender has expressed willingness for the treatment to be given as mentioned in that sub-paragraph.
(3) Such arrangements as are mentioned in sub-paragraph (1) may provide for part of the treatment to be provided to the offender as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the youth rehabilitation order.
(4) Where any such arrangements as are mentioned in sub-paragraph (1) are made for the treatment of an offender—
(a) the registered medical practitioner or chartered psychologist by whom the arrangements are made must give notice in writing to the offender’s responsible officer, specifying the institution or place in or at which the treatment is to be carried out, and
(b) the treatment provided for by the arrangements is deemed to be treatment to which the offender is required to submit in pursuance of the youth rehabilitation order.
22 (1) In this Part of this Act, “drug 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 person so specified having the necessary qualifications or experience (“the treatment provider”), with a view to the reduction or elimination of the offender’s dependency on, or propensity to misuse, drugs.
(2) A court may not include a drug treatment requirement in a youth rehabilitation order unless it is satisfied—
(a) that the offender is dependent on, or has a propensity to misuse, drugs, and
(b) that the offender’s dependency or propensity is such as requires and may be susceptible to treatment.
(3) 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 in such institution or place as may be specified in the order, or
(b) treatment as a non-resident at such institution or place, and at such intervals, as may be so specified,
but the order must not otherwise specify the nature of the treatment.
(4) A court may not include a drug treatment requirement in a youth rehabilitation order unless—
(a) the court has been notified by the Secretary of State that arrangements for implementing drug treatment requirements are in force in the local justice area in which the offender resides or is to reside,
(b) the court is 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, arrangements for the reception of the offender),
(c) the requirement has been recommended to the court as suitable for the offender by a member of a youth offending team, an officer of a local probation board or an officer of a provider of probation services, and
(d) the offender has expressed willingness to comply with the requirement.
(5) In this paragraph “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38).
23 (1) In this Part of this Act, “drug testing requirement”, in relation to a youth rehabilitation order, means a requirement that, for the purpose of ascertaining whether there is any drug in the offender’s body during any treatment period, the offender must, during that period, provide samples in accordance with instructions given by the responsible officer or the treatment provider.
(2) In sub-paragraph (1)—
“drug” has the same meaning as in paragraph 22,
“treatment period” means a period specified in the youth rehabilitation order as a period during which the offender must submit to treatment as mentioned in sub-paragraph (1) of that paragraph, and
“the treatment provider” has the meaning given by that sub-paragraph.
(3) A court may not include a drug testing requirement in a youth rehabilitation order unless—
(a) the court has been notified by the Secretary of State that arrangements for implementing drug testing requirements are in force in the local justice area in which the offender resides or is to reside,
(b) the order also imposes a drug treatment requirement, and
(c) the offender has expressed willingness to comply with the requirement.
(4) A youth rehabilitation order which imposes a drug testing requirement—
(a) must specify for each month the minimum number of occasions on which samples are to be provided, and
(b) may specify—
(i) times at which and circumstances in which the responsible officer or treatment provider may require samples to be provided, and
(ii) descriptions of the samples which may be so required.
(5) A youth rehabilitation order which imposes a drug testing requirement must provide for the results of tests carried out otherwise than by the responsible officer on samples provided by the offender in pursuance of the requirement to be communicated to the responsible officer.
24 (1) In this Part of this Act, “intoxicating substance 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 person so specified having the necessary qualifications or experience, with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse intoxicating substances.
(2) A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless it is satisfied—
(a) that the offender is dependent on, or has a propensity to misuse, intoxicating substances, and
(b) that the offender’s dependency or propensity is such as requires and may be susceptible to treatment.
(3) 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 in such institution or place as may be specified in the order, or
(b) treatment as a non-resident at such institution or place, and at such intervals, as may be so specified,
but the order must not otherwise specify the nature of the treatment.
(4) A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless—
(a) the court is 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, arrangements for the reception of the offender),
(b) the requirement has been recommended to the court as suitable for the offender by a member of a youth offending team, an officer of a local probation board or an officer of a provider of probation services, and
(c) the offender has expressed willingness to comply with the requirement.
(5) In this paragraph “intoxicating substance” means—
(a) alcohol, or
(b) any other substance or product (other than a drug) which is, or the fumes of which are, capable of being inhaled or otherwise used for the purpose of causing intoxication.
(6) In sub-paragraph (5)(b) “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38).
25 (1) In this Part of this Act “education requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must comply, during a period or periods specified in the order, with approved education arrangements.
(2) For this purpose, “approved education arrangements” means arrangements for the offender’s education—
(a) made for the time being by the offender’s parent or guardian, and
(b) approved by the local education authority specified in the order.
(3) The local education authority so specified must be the local education authority for the area in which the offender resides or is to reside.
(4) A court may not include an education requirement in a youth rehabilitation order unless—
(a) it has consulted the local education authority proposed to be specified in the order with regard to the proposal to include the requirement, and
(b) it is satisfied—
(i) that, in the view of that local education authority, arrangements exist for the offender to receive efficient full-time education suitable to the offender’s age, ability, aptitude and special educational needs (if any), and
(ii) that, having regard to the circumstances of the case, the inclusion of the education requirement is necessary for securing the good conduct of the offender or for preventing the commission of further offences.
(5) Any period specified in a youth rehabilitation order as a period during which an offender must comply with approved education arrangements must not include any period after the offender has ceased to be of compulsory school age.
(6) In this paragraph, “local education authority” and “parent” have the same meanings as in the Education Act 1996 (c. 56).
26 (1) In this Part of this Act “electronic monitoring requirement”, in relation to a youth rehabilitation order, means a requirement for securing the electronic monitoring of the offender’s compliance with other requirements imposed by the order during a period specified in the order or determined by the responsible officer in accordance with the order.
(2) Where an electronic monitoring requirement is required to take effect during a period determined by the responsible officer in accordance with the youth rehabilitation order, the responsible officer must, before the beginning of that period, notify—
(a) the offender,
(b) the person responsible for the monitoring, and
(c) any person falling within sub-paragraph (3)(b),
of the time when the period is to begin.
(3) Where—
(a) it is proposed to include an electronic monitoring requirement in a youth rehabilitation order, but
(b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure that the monitoring takes place,
the requirement may not be included in the order without that person’s consent.
(4) A youth rehabilitation order which imposes an electronic monitoring requirement must include provision for making a person responsible for the monitoring.
(5) The person who is made responsible for the monitoring must be of a description specified in an order made by the Secretary of State.
(6) A court may not include an electronic monitoring requirement in a youth rehabilitation order unless the court—
(a) has been notified by the Secretary of State that arrangements for electronic monitoring of offenders are available—
(i) in the local justice area proposed to be specified in the order, and
(ii) for each requirement mentioned in the first column of the Table in sub-paragraph (7) which the court proposes to include in the order, in the area in which the relevant place is situated, and
(b) is satisfied that the necessary provision can be made under the arrangements currently available.
(7) For the purposes of sub-paragraph (6), “relevant place”, in relation to a requirement mentioned in the first column of the following Table which the court proposes to include in the order, means the place mentioned in relation to it in the second column of the Table.
| Proposed requirement of youth rehabilitation order | Relevant place |
|---|---|
| Curfew requirement. | The place which the court proposes to specify in the order for the purposes of that requirement. |
| Exclusion requirement. | The place (within the meaning of paragraph 15) which the court proposes to specify in the order. |
| Attendance centre requirement. | The attendance centre which the court proposes to specify in the order. |
27 (1) The Secretary of State may by order amend—
(a) paragraph 10(2) (unpaid work requirement), or
(b) paragraph 14(2) (curfew requirement),
by substituting, for the maximum number of hours for the time being specified in that provision, such other number of hours as may be specified in the order.
(2) The Secretary of State may by order amend any of the provisions mentioned in sub-paragraph (3) by substituting, for any period for the time being specified in the provision, such other period as may be specified in the order.
(3) Those provisions are—
(a) paragraph 14(3) (curfew requirement);
(b) paragraph 15(2) (exclusion requirement);
(c) paragraph 17(6) (local authority residence requirement);
(d) paragraph 18(2) (fostering requirement).
(4) An order under this paragraph which amends paragraph 18(2) may also make consequential amendments of paragraphs 6(9), 8(9) and 16(2) of Schedule 2.
28 Before making a youth rehabilitation order, the court must obtain and consider information about the offender’s family circumstances and the likely effect of such an order on those circumstances.
29 (1) Before making—
(a) a youth rehabilitation order imposing two or more requirements, or
(b) two or more youth rehabilitation orders in respect of associated offences,
the court must consider whether, in the circumstances of the case, the requirements to be imposed by the order or orders are compatible with each other.
(2) Sub-paragraph (1) is subject to paragraphs 2, 3(4) and 4(4).
(3) The court must ensure, as far as practicable, that any requirement imposed by a youth rehabilitation order is such as to avoid—
(a) any conflict with the offender’s religious beliefs,
(b) any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment, and
(c) any conflict with the requirements of any other youth rehabilitation order to which the offender may be subject.
(4) The Secretary of State may by order provide that sub-paragraph (3) is to have effect with such additional restrictions as may be specified in the order.
30 (1) Subject to sub-paragraph (2), a youth rehabilitation order takes effect on the day after the day on which the order is made.
(2) If a detention and training order is in force in respect of an offender, a court making a youth rehabilitation order in respect of the offender may order that it is to take effect instead—
(a) when the period of supervision begins in relation to the detention and training order in accordance with section 103(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), or
(b) on the expiry of the term of the detention and training order.
(3) In sub-paragraph (2)—
(a) the references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006 (c. 52) (detention and training orders made by service courts); and
(b) the reference to section 103(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000 includes that provision as applied by section 213(1) of the Armed Forces Act 2006.
(4) A court must not make a youth rehabilitation order in respect of an offender at a time when—
(a) another youth rehabilitation order, or
(b) a reparation order made under section 73(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6),
is in force in respect of the offender, unless when it makes the order it revokes the earlier order.
(5) Where the earlier order is revoked under sub-paragraph (4), paragraph 24 of Schedule 2 (provision of copies of orders) applies to the revocation as it applies to the revocation of a youth rehabilitation order.
31 (1) This paragraph applies where the court is dealing with an offender who has been convicted of two or more associated offences.
(2) If, in respect of one of the offences, the court makes an order of any of the following kinds—
(a) a youth rehabilitation order with intensive supervision and surveillance,
(b) a youth rehabilitation order with fostering, or
(c) any other youth rehabilitation order,
it may not make an order of any other of those kinds in respect of the other offence, or any of the other offences.
(3) If the court makes two or more youth rehabilitation orders with intensive supervision and surveillance, or with fostering, both or all of the orders must take effect at the same time (in accordance with paragraph 30(1) or (2)).
(4) Where the court includes requirements of the same kind in two or more youth rehabilitation orders, it must direct, in relation to each requirement of that kind, whether—
(a) it is to be concurrent with the other requirement or requirements of that kind, or any of them, or
(b) it and the other requirement or requirements of that kind, or any of them, are to be consecutive.
(5) But the court may not direct that two or more fostering requirements are to be consecutive.
(6) Where the court directs that two or more requirements of the same kind are to be consecutive—
(a) the number of hours, days or months specified in relation to one of them is additional to the number of hours, days, or months specified in relation to the other or others, but
(b) the aggregate number of hours, days or months specified in relation to both or all of them must not exceed the maximum number which may be specified in relation to any one of them.
(7) For the purposes of sub-paragraphs (4) and (6), requirements are of the same kind if they fall within the same paragraph of Part 2 of this Schedule.
32 (1) A youth rehabilitation order must specify a date, not more than 3 years after the date on which the order takes effect, by which all the requirements in it must have been complied with.
(2) A youth rehabilitation order which imposes two or more different requirements falling within Part 2 of this Schedule may also specify an earlier date or dates in relation to compliance with any one or more of them.
(3) In the case of a youth rehabilitation order with intensive supervision and surveillance, the date specified for the purposes of sub-paragraph (1) must not be earlier than 6 months after the date on which the order takes effect.
33 A youth rehabilitation order must specify the local justice area in which the offender resides or will reside.
34 (1) The court by which any youth rehabilitation order is made must forthwith provide copies of the order—
(a) to the offender,
(b) if the offender is aged under 14, to the offender’s parent or guardian, and
(c) to a member of a youth offending team assigned to the court, to an officer of a local probation board assigned to the court or to an officer of a provider of probation services.
(2) Sub-paragraph (3) applies where a youth rehabilitation order—
(a) is made by the Crown Court, or
(b) is made by a magistrates' court which does not act in the local justice area specified in the order.
(3) The court making the order must—
(a) provide to the magistrates' court acting in the local justice area specified in the order—
(i) a copy of the order, and
(ii) such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order, and
(b) provide a copy of the order to the local probation board acting for that area or (as the case may be) a provider of probation services operating in that area.
(4) Where a youth rehabilitation order imposes any requirement specified in the first column of the following Table, the court by which the order is made must also forthwith provide the person specified in relation to that requirement in the second column of that Table with a copy of so much of the order as relates to that requirement.
| Requirement | Person to whom copy of requirement is to be given |
|---|---|
| An activity requirement specifying a place under paragraph 6(1)(a). | The person in charge of that place. |
| An activity requirement specifying an activity under paragraph 6(1)(b). | The person in charge of that activity. |
| An activity requirement specifying a residential exercise under paragraph 6(1)(c). | The person in charge of the place or activity specified under paragraph 6(4) in relation to that residential exercise. |
| An attendance centre requirement. | The officer in charge of the attendance centre specified under paragraph 12(1). |
| 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 16(1)(a). |
| A place of residence requirement (within the meaning of paragraph 16) relating to residence in an institution. | The person in charge of the institution. |
| A local authority residence requirement. | The local authority specified under paragraph 17(1). |
| A mental health treatment requirement. | The person in charge of the institution or place specified under sub-paragraph (2)(a) or (b) of paragraph 20, or the person specified under sub-paragraph (2)(c) of that paragraph. |
| A drug treatment requirement. | The treatment provider specified under paragraph 22(1). |
| A drug testing requirement. | The treatment provider specified under paragraph 22(1). |
| An intoxicating substance treatment requirement | The person specified under paragraph 24(1). |
| An education requirement. | The local education authority specified under paragraph 25(2). |
| An electronic monitoring requirement. | Any person who by virtue of paragraph 26(4) will be responsible for the electronic monitoring. Any person without whose consent the requirement could not have been included in the order. |
35 (1) The Secretary of State may by order—
(a) enable or require a court making a youth rehabilitation order to provide for the order to be reviewed periodically by that or another court,
(b) enable a court to amend a youth rehabilitation order so as to include or remove a provision for review by a court, and
(c) make provision as to the timing and conduct of reviews and as to the powers of the court on a review.
(2) An order under this paragraph may, in particular, make provision in relation to youth rehabilitation orders corresponding to any provision made by sections 191 and 192 of the Criminal Justice Act 2003 (c. 44) (reviews of suspended sentence orders) in relation to suspended sentence orders.
(3) An order under this paragraph may repeal or amend any provision of—
(a) this Part of this Act, or
(b) Chapter 1 of Part 12 of the Criminal Justice Act 2003 (general provisions about sentencing).
36 (1) Where the Crown Court makes a youth rehabilitation order, it may include in the order a direction that further proceedings relating to the order be in a youth court or other magistrates' court (subject to paragraph 7 of Schedule 2).
(2) In sub-paragraph (1), “further proceedings”, in relation to a youth rehabilitation order, means proceedings—
(a) for any failure to comply with the order within the meaning given by paragraph 1(2)(b) of Schedule 2, or
(b) on any application for amendment or revocation of the order under Part 3 or 4 of that Schedule.
Criminal Justice and Immigration Act 2008