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| Schedule 2, page 106, line 40, leave out paragraphs 3 and 4. |
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| Schedule 2, page 108, line 5, leave out from beginning to ‘before’ in line 8. |
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| Schedule 2, page 108, leave out lines 18 to 27 and insert— |
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| | ‘(4A) | Where the offender does not appear in answer to a summons issued under this |
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| | paragraph, the appropriate court may issue a warrant for his or her arrest.’. |
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| Schedule 2, page 108, line 29, at end insert— |
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| | ‘(za) | a youth rehabilitation order is still in force, and’. |
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| Schedule 2, page 108, line 36, leave out from ‘ways’ to end of line 37. |
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| Schedule 2, page 109, leave out lines 1 to 4 and insert— |
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| | ‘(ba) | if the youth rehabilitation order was made by a magistrates’ court, by |
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| | dealing with the offender, for the offence in respect of which the order |
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| | was made, in any way in which the court could have dealt with the |
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| | offender for that offence (had the offender been before the court to be |
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| | (bb) | if the youth rehabilitation order was made in the Crown Court, by |
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| | committing the young offender in custody or releasing him on bail until |
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| | he can be brought before, or appear before, the Crown Court.’. |
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| Schedule 2, page 109, line 4, at end insert— |
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| | ‘(2A) | Where the court deals with the offender under the previous sub-paragraph, it must |
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| | (a) | a certificate signed by a justice of the peace certifying that the offender |
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| | has failed to comply with the youth rehabilitation order in the respect |
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| | certified in the certificate; and |
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| | (b) | such other particulars as may be desirable. |
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| | (2B) | Such a certificate purporting to be so signed is admissable as evidence of the |
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| | failure before the Crown Court.’. |
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| Schedule 2, page 109, line 44, leave out sub-pargraphs (12) to (15). |
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| Schedule 2, page 110, line 27, leave out paragraph 7. |
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| Schedule 2, page 111, line 2, at end insert— |
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| | ‘(za) | a youth rehabilitation order is still in force, and’. |
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| Schedule 2, page 111, leave out line 4 and insert ‘paragraph 6, and’. |
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| Schedule 2, page 111, line 9, leave out from ‘ways’ to end of line 10. |
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| Schedule 2, page 112, line 10, leave out sub-paragraphs (11) to (14). |
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| Schedule 2, page 113, line 11, leave out ‘that sub-paragraph’ and insert ‘sub- |
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| Schedule 2, page 113, line 14, leave out ‘(2)’ and insert ‘(1)’. |
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| Schedule 2, page 117, line 15, leave out ‘Where the offender is aged 14 or over,’. |
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| Schedule 2, page 117, line 22, leave out ‘who is aged 14 or over’. |
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| Schedule 3, page 125, line 37, leave out from ‘authority’ to end of line 41. |
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| Schedule 3, page 126, line 4, leave out sub-paragraph (5). |
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| Clause 4, page 3, line 22, leave out subsection (3). |
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| Clause 4, page 3, line 30, leave out subsection (4). |
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| Clause 5, page 3, line 39, after ‘take’, insert ‘reasonable’. |
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| Clause 5, page 3, line 45, after ‘offender’s’, insert ‘, or his immediate family’s,’. |
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| Clause 5, page 4, line 5, leave out subsection (4). |
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| Clause 5, page 4, line 8, at end insert ‘written’. |
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| Clause 5, page 4, line 11, after ‘officer’, insert ‘in writing’. |
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| Clause 5, page 4, line 11, at end insert ‘within a reasonable period of time’. |
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| Clause 5, page 4, line 11, at end insert— |
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| | ‘(5A) | Any instructions given in accordance with subsection (5)(a) must be recorded in |
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| | the offender’s probation records. |
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| | (5B) | A copy of instructions recorded in accordance with subsection (5A) shall be |
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| | provided to the offender on request.’. |
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| Schedule 4, page 131, line 22, at end insert— |
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| | ‘Social Work (Scotland) Act 1968 (c. 49) |
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| | 10A | The Social Work (Scotland) Act 1968 has effect subject to the following |
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| | 10B | In section 86(3) (adjustments between authority providing accommodation etc, |
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| | and authority of area of residence) after “supervision order” insert “, youth |
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| | 10C | In section 94(1) (interpretation)— |
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| | (a) | for the definition of “probation order” substitute— |
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| | ““probation order”, in relation to an order imposed by a court in |
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| | Northern Ireland, has the same meaning as in the Criminal |
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| | Justice (Northern Ireland) Order 1996,”, |
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| | (b) | in the definition of “supervision order”, omit “the Powers of Criminal |
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| | Courts (Sentencing) Act 2000 or”, and |
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| | ““youth rehabilitation order” means an order made under section 1 |
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| | of the Criminal Justice and Immigration Act 2007.”’. |
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| Schedule 4, page 131, line 25, at end insert— |
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| | ‘11A | Section 25 (transfers between England or Wales and Northern Ireland) ceases |
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| | 11B(1) | Section 26 (transfers between England or Wales and the Channel Islands or |
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| | Isle of Man) is amended as follows. |
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| | (2) | In subsection (1)(c), for the words from “supervision order” to “2000” |
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| | substitute “youth rehabilitation order imposing a local authority residence |
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| | (3) | In subsection (2), for the words from “supervision order” to “2000” substitute |
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| | “youth rehabilitation order imposing a local authority residence |
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| Schedule 4, page 131, line 31, leave out paragraphs (b) and (c) and insert— |
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| | ‘(b) | for paragraph (b) substitute— |
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| | “(b) | from local authority accommodation— |
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| | (i) | in which he is required to live by virtue of a |
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| | youth rehabilitation order imposing a local |
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| | authority residence requirement (within the |
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| | meaning of Part 1 of the Criminal Justice and |
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| | Immigration Act 2007); or |
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| | (ii) | to which he has been remanded under |
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| | paragraph 21 of Schedule 2 to the Criminal |
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| | Justice and Immigration Act 2007; or |
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| | (iii) | to which he has been remanded or committed |
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| | under section 23(1) of this Act,”.’. |
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| Schedule 4, page 132, line 19, leave out from ‘for’ to end of line 20 and insert ‘the |
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| words from “mentioned in subsection” to “this section is in premises” substitute |
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| “mentioned in subsection (1), (1A)(a) or (b)(i) or (ii) or (1D) of this section is in |
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| Schedule 4, page 132, line 27, leave out ‘and’ and insert— |
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| | ‘(aa) | after the definition of “local authority accommodation” insert— |
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| | ““local authority residence requirement” has the same meaning as |
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| | in Part 1 of the Criminal Justice and Immigration Act 2007;”, |
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| Schedule 4, page 132, line 32, at end insert— |
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| | ‘13A | In section 73(4)(a) (provisions of section 32 extending to Scotland) for “to |
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| | (1C)” substitute “to (1E)”.’. |
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| Schedule 4, page 132, line 40, leave out paragraph 16 and insert— |
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| | ‘16 | In section 7(2) (limitations on rehabilitation under Act, etc.) for paragraph (d) |
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| | “(d) | in any proceedings relating to the variation or discharge of a |
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| | youth rehabilitation order under Part 1 of the Criminal Justice |
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| | and Immigration Act 2007, or on appeal from any such |
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| Schedule 4, page 137, line 14, at end insert— |
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| | ‘31A | In paragraph 3 of Schedule 8 (privately fostered children) for paragraph (a) |
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| | “(a) | a youth rehabilitation order made under section 1 of the |
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| | Criminal Justice and Immigration Act 2007;”.’. |
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| Schedule 4, page 139, line 2, at end insert— |
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| | ‘Criminal Procedure (Scotland) Act 1995 (c. 46) |
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| | 35A | The Criminal Procedure (Scotland) Act 1995 has effect subject to the |
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| | 35B(1) | Section 234 (probation orders: persons residing in England and Wales) is |
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| | (2) | In subsection (2), at the end insert “(in any case where the offender has attained |
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| | the age of 18 years) or under section 1 of the Criminal Justice and Immigration |
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| | Act 2007 (in any other case)”. |
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| | |
| | (a) | in paragraph (a), for “and section 207(2) of the Criminal Justice Act |
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| | 2003” substitute “, section 207(2) of the Criminal Justice Act 2003 and |
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| | paragraph 20(2) of Schedule 1 to the Criminal Justice and Immigration |
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| | |
| | (b) | in paragraph (a), for “or, as the case may be, community orders under |
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| | Part 12 of that Act” substitute “, community orders under Part 12 of |
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| | the Criminal Justice Act 2003 or, as the case may be, youth |
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| | rehabilitation orders under Part 1 of the Criminal Justice and |
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| | (c) | in paragraph (a), for “and section 207 of the Criminal Justice Act |
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| | 2003” substitute “, section 207 of the Criminal Justice Act 2003 and |
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| | paragraph 20 of Schedule 1 to the Criminal Justice and Immigration |
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| | (d) | in paragraph (b), after “2003” insert “or (as the case may be) |
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| | paragraphs 20(4) and 21(1) to (3) of Schedule 1 to the Criminal Justice |
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| | and Immigration Act 2007”, and |
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| | (e) | in paragraph (b), at the end insert “or that paragraph”. |
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| | (4) | In subsection (4A) at the end insert “(in any case where the offender has |
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| | attained the age of 18 years) or in a youth rehabilitation order made under |
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| | section 1 of the Criminal Justice and Immigration Act 2007 (in any other |
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| | (5) | In subsection (5) for the words from “subject to subsection (6)” to the end |
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| | substitute “subject to subsections (6) and (6A) below— |
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| | (a) | Schedule 8 to the Criminal Justice Act 2003 shall apply as if |
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| | it were a community order made by a magistrates’ court under |
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| | section 177 of that Act and imposing the requirements |
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| | specified under subsection (4A) above (in any case where the |
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| | offender has attained the age of 18 years); and |
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| | (b) | Schedule 2 to the Criminal Justice and Immigration Act 2007 |
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| | shall apply as if it were a youth rehabilitation order made by a |
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| | magistrates’ court under section 1 of that Act and imposing |
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| | the requirements specified under that subsection (in any other |
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| | |
| | (6) | After subsection (6) insert— |
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| | “(6A) | In its application to a probation order made or amended under this |
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| | section, Schedule 2 to the Criminal Justice and Immigration Act 2007 |
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| | has effect subject to the following modifications— |
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| | (a) | any reference to the responsible officer has effect as a |
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| | reference to the person appointed or assigned under |
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| | (b) | in paragraph 6, sub-paragraph (2)(c) is omitted and, in sub- |
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| | paragraph (16), the reference to the Crown Court has effect as |
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| | a reference to a court in Scotland, and |
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| | (c) | Parts 3 and 5 are omitted.” |
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| | 35C(1) | Section 242 (community service orders: persons residing in England and |
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| | Wales) is amended as follows. |
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| | (2) | In subsection (1)(a)— |
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| | (a) | in sub-paragraph (ii), after “Part 12 of the Criminal Justice Act 2003)” |
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| | insert “, in any case where the offender has attained the age of 18 |
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| | years, or an unpaid work requirement imposed by a youth |
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| | rehabilitation order (within the meaning of Part 1 of the Criminal |
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| | Justice and Immigration Act 2007), in any other case”, and |
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| | (b) | in sub-paragraph (iii), after “section 177 of the Criminal Justice Act |
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| | 2003” insert “or, as the case may be, imposed by youth rehabilitation |
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| | orders made under section 1 of the Criminal Justice and Immigration |
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| | |
| | (3) | In subsection (2)(b)— |
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| | (a) | after “that court” insert “, in any case where the offender has attained |
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| | the age of 18 years,” and |
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|