Office of Public Sector Information
SCHEDULE 4 continued PART 1 continued
(6) After subsection (6) insert—
“(6A) In its application to a probation order made or amended under this section, Schedule 2 to the Criminal Justice and Immigration Act 2008 has effect subject to the following modifications—
(a) any reference to the responsible officer has effect as a reference to the person appointed or assigned under subsection (1)(a) above,
(b) in paragraph 6, sub-paragraph (2)(c) is omitted and, in sub-paragraph (16), the reference to the Crown Court has effect as a reference to a court in Scotland, and
(c) Parts 3 and 5 are omitted.”
45 (1) Section 242 (community service orders: persons residing in England and Wales) is amended as follows.
(2) In subsection (1)(a)—
(a) in sub-paragraph (ii), after “Part 12 of the Criminal Justice Act 2003)” insert “, in any case where the offender has attained the age of 18 years, or an unpaid work requirement imposed by a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), in any other case”, and
(b) in sub-paragraph (iii), after “section 177 of the Criminal Justice Act 2003” insert “or, as the case may be, imposed by youth rehabilitation orders made under section 1 of the Criminal Justice and Immigration Act 2008”.
(3) In subsection (2)(b)—
(a) after “that court” insert “, in any case where the offender has attained the age of 18 years,” and
(b) after “2003” insert “or it appears to that court, in any other case, that provision can be made for the offender to perform work under the order under the arrangements which exist in that area for persons to perform work under unpaid work requirements imposed by youth rehabilitation orders made under section 1 of the Criminal Justice and Immigration Act 2008”.
(4) In subsection (3)(b)—
(a) after “the board” insert “or (as the case may be) require a provider of probation services to appoint an officer of the provider,”,
(b) after “the order” insert “—
(a)”, and
(c) at the end insert “; or
(b) the functions conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008 in respect of unpaid work requirements imposed by youth rehabilitation orders (within the meaning of that Part) as the case may be.”
46 (1) Section 244 (community service orders: general provisions relating to persons residing in England and Wales or Northern Ireland) is amended as follows.
(2) In subsection (3)(a)—
(a) after “2003)” insert “or, as the case may be, a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)”, and
(b) after “such community orders” insert “or youth rehabilitation orders”.
(3) In subsection (4)(a)—
(a) for “or, as the case may be, community orders” substitute “, community orders”, and
(b) after “2003)” insert “or, as the case may be, youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)”.
(4) In subsection (5)—
(a) for “or, as the case may be, a community order” substitute “, a community order”, and
(b) after “2003)” insert “or, as the case may be, a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)”.
(5) In subsection (6)—
(a) for “or, as the case may be, community orders” substitute “, community orders”,
(b) after “within the meaning of Part 12 of the Criminal Justice Act 2003)” insert “or, as the case may be, youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)”, and
(c) after “the responsible officer under Part 12 of the Criminal Justice Act 2003” insert “or, as the case may be, under Part 1 of the Criminal Justice and Immigration Act 2008”.
47 In section 562(2)(b) of the Education Act 1996 (Act not to apply to persons detained under order of a court), for “community order under section 177 of the Criminal Justice Act 2003” substitute “youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008”.
48 The Crime and Disorder Act 1998 has effect subject to the following amendments.
49 In section 38(4) (local provision of youth justice services)—
(a) in paragraph (f), for “, reparation orders and action plan orders” substitute “and reparation orders”,
(b) after paragraph (f) insert—
“(fa) the provision of persons to act as responsible officers in relation to youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008);
(fb) the supervision of children and young persons sentenced to a youth rehabilitation order under that Part which includes a supervision requirement (within the meaning of that Part);”,
(c) omit paragraph (g), and
(d) in paragraph (h), omit “or a supervision order”.
50 In Schedule 8 (minor and consequential amendments), in paragraph 13(2), for “that section” substitute “section 10 of that Act”.
51 The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.
52 In section 19(4)(a) (making of referral orders: effect on court’s other sentencing powers), for “community sentence” substitute “sentence which consists of or includes a youth rehabilitation order”.
53 In section 73 (reparation orders)—
(a) for subsection (4)(b) substitute—
“(b) to make in respect of him a youth rehabilitation order or a referral order.”
(b) after subsection (4) insert—
“(4A) The court shall not make a reparation order in respect of the offender at a time when a youth rehabilitation order is in force in respect of him unless when it makes the reparation order it revokes the youth rehabilitation order.
(4B) Where a youth rehabilitation order is revoked under subsection (4A), paragraph 24 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach, revocation or amendment of youth rehabilitation order) applies to the revocation.”
54 In section 74(3)(a) (requirements and provisions of reparation order, and obligations of person subject to it), omit “or with the requirements of any community order or any youth community order to which he may be subject”.
55 In section 75 (breach, revocation and amendment of reparation orders) omit “action plan orders and” and “so far as relating to reparation orders”.
56 In section 91(3) (offenders under 18 convicted of certain serious offences: power to detain for specified period), for “a community sentence” substitute “a youth rehabilitation order”.
57 In section 137(2) (power to order parent or guardian to pay fine, costs, compensation or surcharge)—
(a) after “under—” insert—
“(za) paragraph 6(2)(a) or 8(2)(a) of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach of youth rehabilitation order),”, and
(b) omit paragraphs (a) to (c), and
(c) in paragraph (d) omit “action plan order or”.
58 In section 150(2) (binding over of parent or guardian), for “a community sentence on the offender” substitute “on the offender a sentence which consists of or includes a youth rehabilitation order”.
59 In section 159 (execution of process between England and Wales and Scotland)—
(a) after “Schedule 1 to this Act,” insert “or”,
(b) omit “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”,
(c) omit “paragraph 1(1) of Schedule 5 to this Act”, and
(d) omit “paragraph 7(2) of Schedule 7 to this Act, or”.
60 (1) Section 160 (rules and orders) is amended as follows.
(2) Omit subsection (2).
(3) In subsection (3)(a)—
(a) omit “40(2)(a),” and
(b) for “103(2) or paragraph 1(1A) of Schedule 3,” substitute “or 103(2)”.
(4) Omit subsection (5).
61 In section 163 (general definitions)—
(a) omit the definitions of “action plan order”, “affected person”, “attendance centre”, “attendance centre order”, “community sentence”, “curfew order”, “exclusion order”, “supervision order”, “supervisor” and “youth community order”,
(b) in the definition of “responsible officer”, omit paragraphs (a), (aa) and (f), and
(c) at the end add—
““youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008.”
62 (1) Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows.
(2) In the heading to the Schedule omit “action plan orders and”.
(3) In the cross-heading before paragraph 2, omit “action plan order or”.
(4) In paragraph 2—
(a) in sub-paragraph (1), for “an action plan order or” substitute “a”,
(b) in sub-paragraph (2)—
(i) in paragraph (a), omit sub-paragraphs (ii) and (iii), and
(ii) in each of paragraphs (b) and (c), omit “action plan order or”,
(c) in each of sub-paragraphs (5) and (7), omit “action plan order or”, and
(d) in sub-paragraph (8), omit “or action plan order” in both places where it occurs.
(5) Omit paragraphs 3 and 4.
(6) In the cross-heading before paragraph 5, omit “action plan order or”.
(7) In paragraph 5—
(a) in sub-paragraph (1), for “an action plan order or” substitute “a” and, in paragraph (a), omit “action plan order or”, and
(b) in sub-paragraph (3), for “an action plan order or” substitute “a”.
(8) In paragraph 6(9), in each of paragraphs (a), (b) and (c), omit “action plan order or”.
(9) In paragraph 7(b), for “an action plan order or” substitute “a”.
63 In Schedule 10 (transitory modifications), omit paragraphs 4 to 6 and 12 to 15.
64 In Schedule 11 (transitional provisions)—
(a) in paragraph 4, omit—
(i) paragraph (a) of sub-paragraph (1),
(ii) sub-paragraph (2), and
(iii) sub-paragraph (3), and
(b) omit paragraph 5.
65 The Child Support, Pensions and Social Security Act 2000 has effect subject to the following amendments.
66 (1) Section 62 (loss of benefit for breach of community order) is amended as follows.
(2) In the definition of “relevant community order” in subsection (8)—
(a) after “2003;” in paragraph (a) insert—
“(aa) a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008;”, and
(b) in paragraph (b) for “such an order” substitute “an order specified in paragraph (a) or (aa)”.
(3) In subsection (11)(c)(ii) for “and (b)” substitute “to (b)”.
67 (1) Section 64 (information provision) is amended as follows.
(2) In subsection (6)(a) after “2003)” insert “, youth rehabilitation orders (as defined by section 1 of the Criminal Justice and Immigration Act 2008)”.
(3) In subsection (7) after paragraph (b) insert—
“(ba) a responsible officer within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008;”.
68 The Criminal Justice and Court Services Act 2000 has effect subject to the following amendments.
69 In section 1(2)(a) (purposes of Chapter), after “2003)” insert “, youth rehabilitation orders (as defined by section 1 of the Criminal Justice and Immigration Act 2008)”.
70 In section 70 (interpretation, etc.) omit subsection (5).
71 Part 12 of the Criminal Justice Act 2003 (sentencing) has effect subject to the following amendments.
72 (1) Section 147 (meaning of “community sentence” etc.) is amended as follows.
(2) In subsection (1)—
(a) omit paragraph (b), and
(b) after that paragraph insert—
“(c) a youth rehabilitation order.”
(3) Omit subsection (2).
73 (1) Section 148 (restrictions on imposing community sentences) is amended as follows.
(2) In subsection (2)—
(a) omit “which consists of or includes a community order”, and
(b) in paragraph (a), after “community order” insert “, or, as the case may be, youth rehabilitation order, comprised in the sentence”.
(3) After that subsection insert—
“(2A) Subsection (2) is subject to paragraph 3(4) of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance).”
(4) Omit subsection (3).
74 In section 149(1) (passing of community sentence on offender remanded in custody) for “youth community order” substitute “youth rehabilitation order”.
75 In section 150 (community sentence not available where sentence fixed by law etc.) for “youth community order” substitute “youth rehabilitation order”.
76 (1) Section 151 (community order for persistent offender previously fined) is amended as follows.
(2) In the title, after “community order” insert “or youth rehabilitation order”.
(3) In subsections (1)(a) and (1A)(a), for “16” substitute “18”.
(4) After subsection (2) insert—
“(2A) Subsection (2B) applies where—
(a) a person aged 16 or 17 is convicted of an offence (“the current offence”);
(b) on three or more previous occasions the offender has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine; and
(c) despite the effect of section 143(2), the court would not (apart from this section) regard the current offence, or the combination of the current offence and one or more offences associated with it, as being serious enough to warrant a youth rehabilitation order.
(2B) The court may make a youth rehabilitation order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (3), it would be in the interests of justice to make such an order.”
(5) In subsection (3)—
(a) after “(2)” insert “and (2B)”; and
(b) in paragraph (a) for “or (1A)(b)” substitute “(1A)(b) or (2A)(b)”.
(6) In subsections (4), (5) and (6), for “and (1A)(b)” substitute “(1A)(b) and (2A)(b)”.
(7) In section 166 (savings for powers to mitigate etc.), in subsection (1)(a) after “151(2)” insert “or (2B)”.
77 (1) Section 156 (pre-sentence reports and other requirements) is amended as follows.
(2) In subsection (1)—
(a) for “, (2)(b) or (3)(b)” substitute “or (2)(b),”, and
(b) after “153(2),” insert “or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders with intensive supervision and surveillance or fostering),”.
(3) In subsection (2) omit “or (3)(a)”.
(4) In subsection (3)(b)—
(a) for “, (2)(b) or (3)(b)” substitute “or (2)(b), or in section 1(4)(b) or (c) of the Criminal Justice and Immigration Act 2008,”, and
(b) after “community order” insert “or youth rehabilitation order”.
78 In section 161 (pre-sentence drug testing)—
(a) in subsection (1), omit “aged 14 or over”, and
(b) omit subsection (7).
79 (1) Section 166 (savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders) is amended as follows.
(2) In subsection (1), after paragraph (d) add—
“(e) paragraph 3 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation order with intensive supervision and surveillance), or
(f) paragraph 4 of Schedule 1 to that Act (youth rehabilitation order with fostering),”.
(3) In subsections (3) and (5), for “(d)” substitute “(f)”.
80 (1) Section 174 (duty to give reasons for, and explain effect of, sentence) is amended as follows.
(2) In subsection (2)—
(a) in paragraph (b), after “that section” insert “or any other statutory provision”,
(b) in paragraph (c), after “community sentence” insert “, other than one consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering,”, and
(c) after paragraph (c) insert—
“(ca) where the sentence consists of or includes a youth rehabilitation order with intensive supervision and surveillance and the case does not fall within paragraph 5(2) of Schedule 1 to the Criminal Justice and Immigration Act 2008, state that it is of the opinion that section 1(4)(a) to (c) of that Act and section 148(1) of this Act apply and why it is of that opinion,
(cb) where the sentence consists of or includes a youth rehabilitation order with fostering, state that it is of the opinion that section 1(4)(a) to (c) of the Criminal Justice and Immigration Act 2008 and section 148(1) of this Act apply and why it is of that opinion,”.
(3) After subsection (4) insert—
“(4A) Subsection (4B) applies where—
(a) a court passes a custodial sentence in respect of an offence on an offender who is aged under 18, and
(b) the circumstances are such that the court must, in complying with subsection (1)(a), make the statement referred to in subsection (2)(b).
(4B) That statement must include—
(a) a statement by the court that it is of the opinion that a sentence consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering cannot be justified for the offence, and
(b) a statement by the court why it is of that opinion.”
81 In section 176 (interpretation of Chapter 1)—
(a) omit the definition of “youth community order”, and
(b) at the end add—
““youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008;
“youth rehabilitation order with fostering” has the meaning given by paragraph 4 of Schedule 1 to that Act;
“youth rehabilitation order with intensive supervision and surveillance” has the meaning given by paragraph 3 of Schedule 1 to that Act.”
82 In section 177(1) (community orders) for “16” substitute “18”.
83 In section 197(1)(b) (meaning of “the responsible officer”), omit “the offender is aged 18 or over and”.
84 In section 199 (unpaid work requirement)—
(a) in subsection (3), for “appropriate officer” substitute “officer of a local probation board or an officer of a provider of probation services”, and
(b) omit subsection (4).
85 In section 201 (activity requirement), in subsection (3)(a), for sub-paragraphs (i) and (ii) (but not the “and” immediately following sub-paragraph (ii)) substitute “an officer of a local probation board or an officer of a provider of probation services”.
86 In section 202 (programme requirement), in subsection (4)(a), for sub-paragraphs (i) and (ii) (but not the “and” immediately following sub-paragraph (ii)) substitute “by an officer of a local probation board or an officer of a provider of probation services”.
87 In section 203(2), for paragraphs (a) and (b) substitute “an officer of a local probation board or an officer of a provider of probation services”.
88 In section 209(2)(c) (drug rehabilitation requirement), for sub-paragraphs (i) and (ii) substitute “by an officer of a local probation board or an officer of a provider of probation services, and”.
89 In section 211 (periodic review of drug rehabilitation requirement), omit subsection (5).
90 In section 214 (attendance centre requirement), after subsection (6) add—
“(7) A requirement to attend at an attendance centre for any period on any occasion operates as a requirement, 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.”
91 In section 217(1)(b) (requirement to avoid conflict with religious beliefs etc.), for “school or any other” substitute “any”.
92 In section 221(2) (provision of attendance centres)—
(a) omit “or” at the end of paragraph (a),
(b) after that paragraph insert—
“(aa) attendance centre requirements of youth rehabilitation orders, within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008,”, and
(c) omit paragraph (b).
93 In section 222(1)(e) (rules), after “attendance centre requirements” insert “, or to attendance centre requirements imposed by youth rehabilitation orders under Part 1 of the Criminal Justice and Immigration Act 2008,”.
94 Omit section 279 (drug treatment and testing requirement in action plan order or supervision order).
95 In section 330(5)(a) (orders subject to the affirmative resolution procedure), omit the entry relating to section 161(7).
96 In Schedule 8 (breach, revocation or amendment of community order), omit paragraphs 12, 15 and 17(5) (powers of magistrates' court in case of offender reaching 18).
97 Omit Schedule 24 (drug treatment and testing requirement in action plan order or supervision order).
98 In section 47 of the Violent Crime Reduction Act 2006 (power to search persons in attendance centres for weapons), in the definition of “relevant person” in subsection (11), for paragraph (b) substitute—
“(b) a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;”.
99 In section 1(4) of the Offender Management Act 2007 (meaning of “the probation purposes”), in the definition of “community order”—
(a) after paragraph (a) insert—
“(aa) a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);”, and
(b) after paragraph (b) insert—
“(c) a youth community order within the meaning of that Act (as it applies to offences committed before section 1 of the Criminal Justice and Immigration Act 2008 comes into force)”.
100 In section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children or young persons are concerned), in subsection (13)(g)(ii), for “the Powers of Criminal Courts (Sentencing) Act 2000” substitute “Part 1 or 2 of Schedule 15 to the Criminal Justice Act 2003”.
101 (1) Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows.
(2) In subsection (1A)—
(a) in paragraph (a), after “under” insert “paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or”,
(b) in paragraph (b) (as substituted by paragraph 17(2)(b) of this Schedule), in sub-paragraph (ii), after “under” insert “paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or”.
(3) In subsection (1C) (as substituted by paragraph 17(3) of this Schedule)—
(a) in paragraph (a), after “under” insert “paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or”, and
(b) in paragraph (c), after “under” insert “paragraph 4(6) of Schedule 1 or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or”.
102 In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others), before paragraph (a) (as substituted by paragraph 23(b) of this Schedule) insert—
“(za) Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 (referral orders: referral back to appropriate court),
(zb) Schedule 8 to that Act (breach of reparation order),”.
103 In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143), at the end insert—
| “In Schedule 8, paragraph 2(2)(a)(i) (failure to comply with reparation order) | £1,000”. |
104 In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—
(a) in paragraph (a), after “under” insert “paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or”, and
(b) in paragraph (b), before “or” (as inserted by paragraph 31(b) of this Schedule) insert “, paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000”.
105 In section 21(2)(c) of the Children Act 1989 (provision of accommodation for children in police protection or detention or on remand, etc.), after sub-paragraph (i) insert—
“(ia) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach etc. of referral orders and reparation orders);”.
Criminal Justice and Immigration Act 2008