|
| |
|
(16) | An offender may appeal to the Crown Court against a sentence imposed |
| |
under sub-paragraph (2)(c). |
| |
Power of magistrates’ court to refer offender to Crown Court |
| |
7 (1) | Sub-paragraph (2) applies if— |
| |
(a) | the youth rehabilitation order was made by the Crown Court and |
| 5 |
contains a direction under paragraph 35 of Schedule 1, and |
| |
(b) | a youth court or other magistrates’ court would (apart from that sub- |
| |
paragraph) be required, or has the power, to deal with the offender |
| |
in one of the ways mentioned in paragraph 6(2). |
| |
(2) | The court may instead— |
| 10 |
(a) | commit the offender in custody, or |
| |
(b) | release the offender on bail, |
| |
| until the offender can be brought or appear before the Crown Court. |
| |
(3) | Where a court deals with the offender’s case under sub-paragraph (2) it |
| |
must send to the Crown Court— |
| 15 |
(a) | a certificate signed by a justice of the peace certifying that the |
| |
offender has failed to comply with the youth rehabilitation order in |
| |
the respect specified in the certificate, and |
| |
(b) | such other particulars of the case as may be desirable; |
| |
| and a certificate purporting to be so signed is admissible as evidence of the |
| 20 |
failure before the Crown Court. |
| |
| |
8 (1) | This paragraph applies where— |
| |
(a) | an offender appears or is brought before the Crown Court under |
| |
paragraph 5 or by virtue of paragraph 7(2), and |
| 25 |
(b) | it is proved to the satisfaction of that court that the offender has failed |
| |
without reasonable excuse to comply with the youth rehabilitation |
| |
| |
(2) | The Crown Court may deal with the offender in respect of that failure in any |
| |
one of the following ways (and must do so if the youth rehabilitation order |
| 30 |
| |
(a) | by ordering the offender to pay a fine of an amount not exceeding— |
| |
(i) | £250, if the offender is aged under 14, or |
| |
(ii) | £1,000, in any other case; |
| |
(b) | by amending the terms of the youth rehabilitation order so as to |
| 35 |
impose any requirement which could have been included in the |
| |
| |
| |
(ii) | in substitution for, |
| |
| any requirement or requirements already imposed by the order; |
| 40 |
(c) | by dealing with the offender, for the offence in respect of which the |
| |
order was made, in any way in which the Crown Court could have |
| |
dealt with the offender for that offence. |
| |
(3) | Sub-paragraph (2)(b) is subject to sub-paragraphs (6) to (9). |
| |
|
| |
|
| |
|
(4) | In dealing with the offender under sub-paragraph (2), the Crown Court |
| |
must take into account the extent to which the offender has complied with |
| |
the youth rehabilitation order. |
| |
(5) | A fine imposed under sub-paragraph (2)(a) is to be treated, for the purposes |
| |
of any enactment, as being a sum adjudged to be paid by a conviction. |
| 5 |
(6) | Any requirement imposed under sub-paragraph (2)(b) must be capable of |
| |
being complied with before the date specified under paragraph 31(1) of |
| |
| |
| |
(a) | the court is dealing with the offender under sub-paragraph (2)(b), |
| 10 |
| |
(b) | the youth rehabilitation order does not contain an unpaid work |
| |
| |
| paragraph 10(2) of Schedule 1 applies in relation to the inclusion of such a |
| |
requirement as if for “40” there were substituted “20”. |
| 15 |
(8) | The court may not under sub-paragraph (2)(b) impose— |
| |
(a) | an extended activity requirement, or |
| |
(b) | a fostering requirement, |
| |
| if the order does not already impose such a requirement. |
| |
| 20 |
(a) | the order imposes a fostering requirement (the “original |
| |
| |
(b) | under sub-paragraph (2)(b) the court proposes to substitute a new |
| |
fostering requirement (“the substitute requirement”) for the original |
| |
| 25 |
| paragraph 18(2) of Schedule 1 applies in relation to the substitute |
| |
requirement as if the reference to the period of 12 months beginning with the |
| |
date on which the original requirement first had effect were a reference to |
| |
the period of 18 months beginning with that date. |
| |
(10) | Where the Crown Court deals with an offender under sub-paragraph (2)(c), |
| 30 |
it must revoke the youth rehabilitation order if it is still in force. |
| |
(11) | Sub-paragraphs (12) to (14) apply where— |
| |
(a) | an offender has wilfully and persistently failed to comply with a |
| |
youth rehabilitation order; and |
| |
(b) | the Crown Court is dealing with the offender under sub-paragraph |
| 35 |
| |
(12) | The court may impose a youth rehabilitation order with intensive |
| |
supervision and surveillance notwithstanding anything in section 1(4)(a) or |
| |
| |
| 40 |
(a) | the order is a youth rehabilitation order with intensive supervision |
| |
| |
(b) | the offence mentioned in sub-paragraph (2)(c) was punishable with |
| |
| |
| the court may impose a custodial sentence notwithstanding anything in |
| 45 |
section 152(2) of the Criminal Justice Act 2003 (c. 44) (general restrictions on |
| |
imposing discretionary custodial sentences). |
| |
|
| |
|
| |
|
| |
(a) | the order is a youth rehabilitation order with intensive supervision |
| |
and surveillance which was imposed by virtue of paragraph 6(13) or |
| |
| |
(b) | the offence mentioned in sub-paragraph (2)(c) was not punishable |
| 5 |
| |
| for the purposes of dealing with the offender under sub-paragraph (2)(c), the |
| |
Crown Court is to be taken to have had power to deal with the offender for |
| |
that offence by making a detention and training order for a term not |
| |
| 10 |
(15) | In proceedings before the Crown Court under this paragraph any question |
| |
whether the offender has failed to comply with the youth rehabilitation |
| |
order is to be determined by the court and not by the verdict of a jury. |
| |
Restriction of powers in paragraphs 6 and 8 where treatment required |
| |
9 (1) | Sub-paragraph (2) applies where a youth rehabilitation order imposes either |
| 15 |
of the following requirements in respect of an offender— |
| |
(a) | a mental health treatment requirement; |
| |
(b) | a drug treatment requirement. |
| |
(2) | The offender is not to be treated for the purposes of paragraph 6 or 8 as |
| |
having failed to comply with the order on the ground only that the offender |
| 20 |
had refused to undergo any surgical, electrical or other treatment required |
| |
by that requirement if, in the opinion of the court, the refusal was reasonable |
| |
having regard to all the circumstances. |
| |
Power to amend amounts of fines |
| |
10 (1) | The Secretary of State may by order amend any sum for the time being |
| 25 |
specified in paragraph 6(2)(a)(i) or (ii) or 8(2)(a)(i) or (ii). |
| |
(2) | The power conferred by sub-paragraph (1) may be exercised only if it |
| |
appears to the Secretary of State that there has been a change in the value of |
| |
money since the relevant date which justifies the change. |
| |
(3) | In sub-paragraph (2), “the relevant date” means— |
| 30 |
(a) | if the sum specified in paragraph 6(2)(a)(i) or (ii) or 8(2)(a)(i) or (ii) (as |
| |
the case may be) has been substituted by an order under sub- |
| |
paragraph (1), the date on which the sum was last so substituted; |
| |
(b) | otherwise, the date on which this Act was passed. |
| |
(4) | An order under sub-paragraph (1) (a “fine amendment order”) must not |
| 35 |
have effect in relation to any youth rehabilitation order made in respect of |
| |
an offence committed before the fine amendment order comes into force. |
| |
| |
| |
Revocation of order with or without re-sentencing: powers of appropriate court |
| 40 |
11 (1) | This paragraph applies where— |
| |
(a) | a youth rehabilitation order is in force in respect of any offender, |
| |
|
| |
|
| |
|
| |
(i) | was made by a youth court or other magistrates’ court, or |
| |
(ii) | was made by the Crown Court and contains a direction |
| |
under paragraph 35 of Schedule 1, and |
| |
(c) | the offender or the responsible officer makes an application to the |
| 5 |
appropriate court under this sub-paragraph. |
| |
(2) | If it appears to the appropriate court to be in the interests of justice to do so, |
| |
having regard to circumstances which have arisen since the order was made, |
| |
the appropriate court may— |
| |
| 10 |
| |
(i) | revoke the order, and |
| |
(ii) | deal with the offender, for the offence in respect of which the |
| |
order was made, in any way in which the appropriate court |
| |
could have dealt with the offender for that offence (had the |
| 15 |
offender been before that court to be dealt with for it). |
| |
(3) | The circumstances in which a youth rehabilitation order may be revoked |
| |
under sub-paragraph (2) include the offender’s making good progress or |
| |
responding satisfactorily to supervision or treatment (as the case requires). |
| |
(4) | In dealing with an offender under sub-paragraph (2)(b), the appropriate |
| 20 |
court must take into account the extent to which the offender has complied |
| |
with the requirements of the youth rehabilitation order. |
| |
(5) | A person sentenced under sub-paragraph (2)(b) for an offence may appeal |
| |
to the Crown Court against the sentence. |
| |
(6) | No application may be made by the offender under sub-paragraph (1) while |
| 25 |
an appeal against the youth rehabilitation order is pending. |
| |
(7) | If an application under sub-paragraph (1) relating to a youth rehabilitation |
| |
order is dismissed, then during the period of three months beginning with |
| |
the date on which it was dismissed no further such application may be made |
| |
in relation to the order by any person except with the consent of the |
| 30 |
| |
(8) | In this paragraph, “the appropriate court” means— |
| |
(a) | if the offender is aged under 18 when the application under sub- |
| |
paragraph (1) was made, a youth court acting in the local justice area |
| |
specified in the youth rehabilitation order, and |
| 35 |
(b) | if the offender is aged 18 or over at that time, a magistrates’ court |
| |
(other than a youth court) acting in that local justice area. |
| |
Revocation of order with or without re-sentencing: powers of Crown Court |
| |
12 (1) | This paragraph applies where— |
| |
(a) | a youth rehabilitation order is in force in respect of an offender, |
| 40 |
| |
(i) | was made by the Crown Court, and |
| |
(ii) | does not contain a direction under paragraph 35 of Schedule |
| |
| |
(c) | the offender or the responsible officer makes an application to the |
| 45 |
Crown Court under this sub-paragraph. |
| |
|
| |
|
| |
|
(2) | If it appears to the Crown Court to be in the interests of justice to do so, |
| |
having regard to circumstances which have arisen since the youth |
| |
rehabilitation order was made, the Crown Court may— |
| |
| |
| 5 |
(i) | revoke the order, and |
| |
(ii) | deal with the offender, for the offence in respect of which the |
| |
order was made, in any way in which the Crown Court could |
| |
have dealt with the offender for that offence. |
| |
(3) | The circumstances in which a youth rehabilitation order may be revoked |
| 10 |
under sub-paragraph (2) include the offender’s making good progress or |
| |
responding satisfactorily to supervision or treatment (as the case requires). |
| |
(4) | In dealing with an offender under sub-paragraph (2)(b), the Crown Court |
| |
must take into account the extent to which the offender has complied with |
| |
the youth rehabilitation order. |
| 15 |
(5) | No application may be made by the offender under sub-paragraph (1) while |
| |
an appeal against the youth rehabilitation order is pending. |
| |
(6) | If an application under sub-paragraph (1) relating to a youth rehabilitation |
| |
order is dismissed, then during the period of three months beginning with |
| |
the date on which it was dismissed no further such application may be made |
| 20 |
in relation to the order by any person except with the consent of the Crown |
| |
| |
| |
| |
Amendment by appropriate court |
| 25 |
13 (1) | This paragraph applies where— |
| |
(a) | a youth rehabilitation order is in force in respect of an offender, |
| |
| |
(i) | was made by a youth court or other magistrates’ court, or |
| |
(ii) | was made by the Crown Court and contains a direction |
| 30 |
under paragraph 35 of Schedule 1, and |
| |
(c) | an application for the amendment of the order is made to the |
| |
appropriate court by the offender or the responsible officer. |
| |
(2) | If the appropriate court is satisfied that the offender proposes to reside, or is |
| |
residing, in a local justice area (“the new local justice area”) other than the |
| 35 |
local justice area for the time being specified in the order, the court— |
| |
(a) | must, if the application under sub-paragraph (1)(c) was made by the |
| |
| |
(b) | may, in any other case, |
| |
| amend the youth rehabilitation order by substituting the new local justice |
| 40 |
area for the area specified in the order. |
| |
(3) | Sub-paragraph (2) is subject to paragraph 15. |
| |
(4) | The appropriate court may by order amend the youth rehabilitation order— |
| |
(a) | by cancelling any of the requirements of the order, or |
| |
|
| |
|
| |
|
(b) | by replacing any of those requirements with a requirement of the |
| |
same kind which could have been included in the order when it was |
| |
| |
(5) | Sub-paragraph (4) is subject to paragraph 16. |
| |
(6) | In this paragraph, “the appropriate court” means— |
| 5 |
(a) | if the offender is aged under 18 when the application under sub- |
| |
paragraph (1) was made, a youth court acting in the local justice area |
| |
specified in the youth rehabilitation order, and |
| |
(b) | if the offender is aged 18 or over at that time, a magistrates’ court |
| |
(other than a youth court) acting in that local justice area. |
| 10 |
| |
14 (1) | This paragraph applies where— |
| |
(a) | a youth rehabilitation order is in force in respect of an offender, |
| |
| |
(i) | was made by the Crown Court, and |
| 15 |
(ii) | does not contain a direction under paragraph 35 of Schedule |
| |
| |
(c) | an application for the amendment of the order is made to the Crown |
| |
Court by the offender or the responsible officer. |
| |
(2) | If the Crown Court is satisfied that the offender proposes to reside, or is |
| 20 |
residing, in a local justice area (“the new local justice area”) other than the |
| |
local justice area for the time being specified in the order, the court— |
| |
(a) | must, if the application under sub-paragraph (1)(c) was made by the |
| |
| |
(b) | may, in any other case, |
| 25 |
| amend the youth rehabilitation order by substituting the new local justice |
| |
area for the area specified in the order. |
| |
(3) | Sub-paragraph (2) is subject to paragraph 15. |
| |
(4) | The Crown Court may by order amend the youth rehabilitation order— |
| |
(a) | by cancelling any of the requirements of the order, or |
| 30 |
(b) | by replacing any of those requirements with a requirement of the |
| |
same kind which could have been included in the order when it was |
| |
| |
(5) | Sub-paragraph (4) is subject to paragraph 16. |
| |
Exercise of powers under paragraph 13(2) or 14(2): further provisions |
| 35 |
15 (1) | In sub-paragraphs (2) and (3), “specific area requirement”, in relation to a |
| |
youth rehabilitation order, means a requirement contained in the order |
| |
which, in the opinion of the court, cannot be complied with unless the |
| |
offender continues to reside in the local justice area specified in the youth |
| |
| 40 |
(2) | A court may not under paragraph 13(2) or 14(2) amend a youth |
| |
rehabilitation order which contains specific area requirements unless, in |
| |
accordance with paragraph 13(4) or, as the case may be, 14(4), it either— |
| |
(a) | cancels those requirements, or |
| |
|
| |
|
| |
|
(b) | substitutes for those requirements other requirements which can be |
| |
complied with if the offender resides in the new local justice area |
| |
mentioned in paragraph 13(2) or (as the case may be) 14(2). |
| |
| |
(a) | the application under paragraph 13(1)(c) or 14(1)(c) was made by the |
| 5 |
| |
(b) | the youth rehabilitation order contains specific area requirements, |
| |
| the court must, unless it considers it inappropriate to do so, so exercise its |
| |
powers under paragraph 13(4) or, as the case may be, 14(4) that it is not |
| |
prevented by sub-paragraph (2) from amending the order under paragraph |
| 10 |
13(2) or, as the case may be, 14(2). |
| |
(4) | The court may not under paragraph 13(2) or, as the case may be, 14(2) amend |
| |
a youth rehabilitation order imposing a programme requirement unless the |
| |
court is satisfied that a programme which— |
| |
(a) | corresponds as nearly as practicable to the programme specified in |
| 15 |
the order for the purposes of that requirement, and |
| |
(b) | is suitable for the offender, |
| |
| is available in the new local justice area. |
| |
Exercise of powers under paragraph 13(4) or 14(4): further provisions |
| |
16 (1) | Any requirement imposed under paragraph 13(4)(b) or 14(4)(b) must be |
| 20 |
capable of being complied with before the date specified under paragraph |
| |
| |
| |
(a) | a youth rehabilitation order imposes a fostering requirement (the |
| |
“original requirement”), and |
| 25 |
(b) | under paragraph 13(4)(b) or 14(4)(b) a court proposes to substitute a |
| |
new fostering requirement (“the substitute requirement”) for the |
| |
| |
| paragraph 18(2) of Schedule 1 applies in relation to the substitute |
| |
requirement as if the reference to the period of 12 months beginning with the |
| 30 |
date on which the original requirement first had effect were a reference to |
| |
the period of 18 months beginning with that date. |
| |
(3) | The court may not under paragraph 13(4) or 14(4) impose— |
| |
(a) | a mental health treatment requirement, |
| |
(b) | a drug treatment requirement, or |
| 35 |
(c) | a drug testing requirement, |
| |
| unless the offender has expressed willingness to comply with the |
| |
| |
(4) | If an offender fails to express willingness to comply with a mental health |
| |
treatment requirement, a drug treatment requirement or a drug testing |
| 40 |
requirement which the court proposes to impose under paragraph 13(4) or |
| |
| |
(a) | revoke the youth rehabilitation order, and |
| |
(b) | deal with the offender, for the offence in respect of which the order |
| |
was made, in any way in which that court could have dealt with the |
| 45 |
offender for that offence (had the offender been before that court to |
| |
| |
|
| |
|