|
| |
|
(5) | In dealing with the offender under sub-paragraph (4)(b), the court must take |
| |
into account the extent to which the offender has complied with the order. |
| |
Extension of unpaid work requirement |
| |
| |
(a) | a youth rehabilitation order imposing an unpaid work requirement |
| 5 |
is in force in respect of an offender, and |
| |
(b) | on the application of the offender or the responsible officer, it |
| |
appears to the appropriate court that it would be in the interests of |
| |
justice to do so having regard to circumstances which have arisen |
| |
since the order was made, |
| 10 |
| the court may, in relation to the order, extend the period of 12 months |
| |
specified in paragraph 10(6) of Schedule 1. |
| |
| |
Powers of court in relation to order following subsequent conviction |
| |
Powers of magistrates’ court following subsequent conviction |
| 15 |
18 (1) | This paragraph applies where— |
| |
(a) | a youth rehabilitation order is in force in respect of an offender, and |
| |
(b) | the offender is convicted of an offence (the “further offence”) by a |
| |
youth court or other magistrates’ court (“the convicting court”). |
| |
(2) | Sub-paragraphs (3) and (4) apply where— |
| 20 |
(a) | the youth rehabilitation order— |
| |
(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 |
| |
(b) | the convicting court is dealing with the offender for the further |
| 25 |
| |
(3) | The convicting court may revoke the order. |
| |
(4) | Where the convicting court revokes the order under sub-paragraph (3), it |
| |
may deal with the offender, for the offence in respect of which the order was |
| |
made, in any way in which it could have dealt with the offender for that |
| 30 |
offence (had the offender been before that court to be dealt with for the |
| |
| |
(5) | The convicting court may not exercise its powers under sub-paragraph (3) or |
| |
(4) unless it considers that it would be in the interests of justice to do so, |
| |
having regard to circumstances which have arisen since the youth |
| 35 |
rehabilitation order was made. |
| |
(6) | In dealing with an offender under sub-paragraph (4), the sentencing court |
| |
must take into account the extent to which the offender has complied with |
| |
| |
(7) | A person sentenced under sub-paragraph (4) for an offence may appeal to |
| 40 |
the Crown Court against the sentence. |
| |
(8) | Sub-paragraph (9) applies where— |
| |
|
| |
|
| |
|
(a) | the youth rehabilitation order was made by the Crown Court and |
| |
contains a direction under paragraph 35 of Schedule 1, and |
| |
(b) | the convicting court would, but for that sub-paragraph, deal with the |
| |
offender for the further offence. |
| |
(9) | The convicting court may, instead of proceeding under sub-paragraph (3)— |
| 5 |
(a) | commit the offender in custody, or |
| |
(b) | release the offender on bail, |
| |
| until the offender can be brought before the Crown Court. |
| |
(10) | Sub-paragraph (11) applies if the youth rehabilitation order was made by the |
| |
Crown court and does not contain a direction under paragraph 35 of |
| 10 |
| |
(11) | The convicting court may— |
| |
(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. |
| 15 |
(12) | Where the convicting court deals with an offender’s case under sub- |
| |
paragraph (9) or (11), it must send to the Crown Court such particulars of the |
| |
case as may be desirable. |
| |
Powers of Crown Court following subsequent conviction |
| |
19 (1) | This paragraph applies where— |
| 20 |
(a) | a youth rehabilitation order is in force in respect of an offender, and |
| |
| |
(i) | is convicted by the Crown Court of an offence, or |
| |
(ii) | is brought or appears before the Crown Court by virtue of |
| |
paragraph 18(9) or (11) or having been committed by the |
| 25 |
magistrates’ court to the Crown Court for sentence. |
| |
(2) | The Crown Court may revoke the order. |
| |
(3) | Where the Crown Court revokes the order under sub-paragraph (2), the |
| |
Crown Court may deal with the offender, for the offence in respect of which |
| |
the order was made, in any way in which the court which made the order |
| 30 |
could have dealt with the offender for that offence. |
| |
(4) | The Crown Court must not exercise its powers under sub-paragraph (2) or |
| |
(3) unless it considers that it would be in the interests of justice to do so, |
| |
having regard to circumstances which have arisen since the youth |
| |
rehabilitation order was made. |
| 35 |
(5) | In dealing with an offender under sub-paragraph (3), the Crown Court must |
| |
take into account the extent to which the offender has complied with the |
| |
| |
(6) | If the offender is brought or appears before the Crown Court by virtue of |
| |
paragraph 18(9) or (11), the Crown Court may deal with the offender for the |
| 40 |
further offence in any way which the convicting court could have dealt with |
| |
the offender for that offence. |
| |
(7) | In sub-paragraph (6), “further offence” and “the convicting court” have the |
| |
same meanings as in paragraph 18. |
| |
|
| |
|
| |
|
| |
| |
Appearance of offender before court |
| |
20 (1) | Subject to sub-paragraph (2), where, otherwise than on the application of the |
| |
offender, a court proposes to exercise its powers under Part 3, 4 or 5 of this |
| 5 |
| |
(a) | must summon the offender to appear before the court, and |
| |
(b) | if the offender does not appear in answer to the summons, may issue |
| |
a warrant for the offender’s arrest. |
| |
(2) | Sub-paragraph (1) does not apply where a court proposes to make an |
| 10 |
| |
(a) | revoking a youth rehabilitation order, |
| |
(b) | cancelling, or reducing the duration of, a requirement of a youth |
| |
| |
(c) | substituting a new local justice area or place for one specified in a |
| 15 |
youth rehabilitation order. |
| |
| |
21 (1) | Sub-paragraph (2) applies where an offender is arrested in pursuance of a |
| |
warrant issued by virtue of this Schedule and cannot be brought |
| |
immediately before the court before which the warrant directs the offender |
| 20 |
to be brought (“the relevant court”). |
| |
(2) | The person in whose custody the offender is— |
| |
(a) | may make arrangements for the offender’s detention in a place of |
| |
safety for a period of not more than 72 hours from the time of the |
| |
| 25 |
(b) | must within that period bring the offender before a magistrates’ |
| |
| |
(3) | In the case of a warrant issued by the Crown Court, section 81(5) of the |
| |
Supreme Court Act 1981 (c. 54) (duty to bring person before magistrates’ |
| |
| 30 |
(4) | A person who is detained under arrangements made under sub-paragraph |
| |
(2)(a) is deemed to be in legal custody. |
| |
(5) | In sub-paragraph (2)(a) “place of safety” has the same meaning as in the |
| |
Children and Young Persons Act 1933. |
| |
(6) | Sub-paragraphs (7) to (10) apply where, under sub-paragraph (2), the |
| 35 |
offender is brought before a court (“the alternative court”) which is not the |
| |
| |
(7) | If the relevant court is a magistrates’ court— |
| |
(a) | the alternative court may— |
| |
(i) | direct that the offender be released forthwith, or |
| 40 |
(ii) | remand the offender, and |
| |
(b) | for the purposes of paragraph (a), section 128 of the Magistrates’ |
| |
Courts Act 1980 (c. 43) (remand in custody or on bail) has effect as if |
| |
|
| |
|
| |
|
the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the |
| |
| |
(8) | If the relevant court is the Crown Court, section 43A of that Act (functions of |
| |
magistrates’ court where a person in custody is brought before it with a view |
| |
to appearance before the Crown Court) applies as if, in subsection (1)— |
| 5 |
(a) | the words “issued by the Crown Court” were omitted, and |
| |
(b) | the reference to section 81(5) of the Supreme Court Act 1981 (c. 54) |
| |
were a reference to sub-paragraph (2)(b). |
| |
(9) | Any power to remand the offender in custody which is conferred by section |
| |
43A or 128 of the Magistrates’ Courts Act 1980 (c. 43) is to be taken to be a |
| 10 |
| |
(a) | if the offender is aged under 18, to remand the offender to |
| |
accommodation provided by or on behalf of a local authority, and |
| |
(b) | in any other case, to remand the offender to a prison. |
| |
(10) | Where the court remands the offender to accommodation provided by or on |
| 15 |
behalf of a local authority, the court must designate, as the authority which |
| |
is to receive the offender, the local authority for the area in which it appears |
| |
to the court that the offender resides. |
| |
Adjournment of proceedings |
| |
22 (1) | This paragraph applies to any hearing relating to an offender held by a |
| 20 |
youth court or other magistrates’ court in any proceedings under this |
| |
| |
(2) | The court may adjourn the hearing, and, where it does so, may— |
| |
(a) | direct that the offender be released forthwith, or |
| |
| 25 |
(3) | Where the court remands the offender under sub-paragraph (2)— |
| |
(a) | it must fix the time and place at which the hearing is to be resumed, |
| |
| |
(b) | that time and place must be the time and place at which the offender |
| |
is required to appear or be brought before the court by virtue of the |
| 30 |
| |
(4) | Where the court adjourns the hearing under sub-paragraph (2) but does not |
| |
| |
(a) | it may fix the time and place at which the hearing is to be resumed, |
| |
| 35 |
(b) | if it does not do so, must not resume the hearing unless it is satisfied |
| |
that the offender, the responsible officer and, if the offender is aged |
| |
under 14, a parent or guardian of the offender have had adequate |
| |
notice of the time and place of the resumed hearing. |
| |
(5) | The powers of a magistrates’ court under this paragraph may be exercised |
| 40 |
by a single justice of the peace, notwithstanding anything in the Magistrates’ |
| |
| |
| |
(a) | applies to any hearing in any proceedings under this Schedule in |
| |
place of section 10 of the Magistrates’ Courts Act 1980 (adjournment |
| 45 |
of trial) where that section would otherwise apply, but |
| |
|
| |
|
| |
|
(b) | is not to be taken to affect the application of that section to hearings |
| |
of any other description. |
| |
Restrictions on imposition of intensive supervision and surveillance or fostering |
| |
23 | Subsection (4), and the provisions mentioned in subsection (6), of section 1 |
| |
apply in relation to a power conferred by paragraph 6(2)(b), 8(2)(b), 13(4)(b) |
| 5 |
or 14(4)(b) to impose a requirement as they apply in relation to any power |
| |
conferred by section 1 or Part 1 of Schedule 1 to make a youth rehabilitation |
| |
order which includes such a requirement. |
| |
Provision of copies of orders etc. |
| |
24 (1) | Where a court makes an order under this Schedule revoking or amending a |
| 10 |
youth rehabilitation order, the proper officer of the court must forthwith— |
| |
(a) | provide copies of the revoking or amending order to the offender |
| |
and, if the offender is aged under 14, to the offender’s parent or |
| |
| |
(b) | provide a copy of the revoking or amending order to the responsible |
| 15 |
| |
(c) | in the case of an amending order which substitutes a new local justice |
| |
area, provide copies of the amending order to— |
| |
(i) | the local probation board acting for that area, and |
| |
(ii) | the magistrates’ court acting in that area, |
| 20 |
(d) | in the case of an amending order which imposes or cancels a |
| |
requirement specified in the first column of the Table in paragraph |
| |
33(4) of Schedule 1, provide a copy of so much of the amending order |
| |
as relates to that requirement to the person specified in relation to |
| |
that requirement in the second column of that Table, |
| 25 |
(e) | in the case of an order which revokes a requirement specified in the |
| |
first column of that Table, provide a copy of the revoking order to the |
| |
person specified in relation to that requirement in the second column |
| |
| |
(f) | if the court is a magistrates’ court acting in a local justice area other |
| 30 |
than the area specified in the youth rehabilitation order, provide a |
| |
copy of the revoking or amending order to a magistrates’ court |
| |
acting in the local justice area specified in the order. |
| |
(2) | Where under sub-paragraph (1)(c) the proper officer of the court provides a |
| |
copy of an amending order to a magistrates’ court acting in a different area, |
| 35 |
the officer must also provide to that court such documents and information |
| |
relating to the case as appear likely to be of assistance to a court acting in that |
| |
area in the exercise of its functions in relation to the order. |
| |
(3) | In this paragraph “proper officer” means— |
| |
(a) | in relation to a magistrates’ court, the designated officer for the court, |
| 40 |
| |
(b) | in relation to the Crown Court, the appropriate officer. |
| |
Power to amend maximum period of fostering requirement |
| |
25 | The Secretary of State may by order amend paragraph 6(9), 8(9) or 16(2) by |
| |
| 45 |
(a) | the period of 18 months specified in the provision, or |
| |
|
| |
|
| |
|
(b) | any other period which may be so specified by virtue of a previous |
| |
order under this paragraph, |
| |
| such other period as may be specified in the order. |
| |
| |
| |
Transfer of youth rehabilitation orders to Northern Ireland |
| 5 |
| |
Making or amendment of a youth rehabilitation order where offender resides |
| |
or proposes to reside in Northern Ireland |
| |
Making of youth rehabilitation order where offender resides or will reside in Northern Ireland |
| |
1 (1) | This paragraph applies where a court considering the making of a youth |
| 10 |
rehabilitation order is satisfied that the offender— |
| |
(a) | resides in Northern Ireland, or |
| |
(b) | will reside there when the order takes effect. |
| |
(2) | The court may not make a youth rehabilitation order in respect of the |
| |
offender unless it appears to the court that— |
| 15 |
(a) | in the case of an order imposing a requirement mentioned in sub- |
| |
paragraph (6), the conditions in sub-paragraphs (3), (4) and (5) are |
| |
| |
(b) | in any other case, that the conditions in sub-paragraphs (3) and (4) |
| |
| 20 |
(3) | The condition in this sub-paragraph is satisfied if the number of hours, days |
| |
or months in respect of which any requirement of the order is imposed is no |
| |
greater than the number of hours, days or months which may be imposed by |
| |
a court in Northern Ireland in respect of a similar requirement in the order |
| |
which the court proposes to specify as the corresponding order under |
| 25 |
| |
(4) | The condition in this sub-paragraph is satisfied if suitable arrangements for |
| |
the offender’s supervision can be made by the Probation Board for Northern |
| |
Ireland or any other body designated by the Secretary of State by order. |
| |
(5) | The condition in this sub-paragraph is satisfied in relation to an order |
| 30 |
imposing a requirement mentioned in sub-paragraph (6) if— |
| |
(a) | arrangements exist for persons to comply with such a requirement in |
| |
the petty sessions district in Northern Ireland in which the offender |
| |
resides, or will be residing when the order takes effect, and |
| |
(b) | provision can be made for the offender to comply with the |
| 35 |
requirement under those arrangements. |
| |
(6) | The requirements referred to in sub-paragraphs (2)(a) and (5) are— |
| |
(a) | an activity requirement (including an extended activity |
| |
| |
(b) | an unpaid work requirement; |
| 40 |
(c) | a programme requirement; |
| |
(d) | an attendance centre requirement; |
| |
|
| |
|
| |
|
(e) | a mental health treatment requirement; |
| |
(f) | a drug treatment requirement; |
| |
(g) | a drug testing requirement; |
| |
(h) | an education requirement; |
| |
(i) | an electronic monitoring requirement. |
| 5 |
(7) | The court may not by virtue of this paragraph require a local authority |
| |
residence requirement or a fostering requirement to be complied with in |
| |
| |
Amendment of youth rehabilitation order where offender resides or proposes to reside in |
| |
| 10 |
2 (1) | This paragraph applies where the appropriate court for the purposes of |
| |
paragraph 13(2) of Schedule 2 (amendment by reason of change of |
| |
residence) or the Crown Court is satisfied that an offender in respect of |
| |
whom a youth rehabilitation order is in force is residing or proposes to |
| |
reside in Northern Ireland. |
| 15 |
(2) | The power of the court to amend the order under Part 4 of Schedule 2 |
| |
includes power to amend it by requiring it to be complied with in Northern |
| |
Ireland if it appears to the court that— |
| |
(a) | in the case of an order which once amended will impose a |
| |
requirement mentioned in sub-paragraph (6), that the conditions in |
| 20 |
sub-paragraphs (3), (4) and (5) are satisfied, or |
| |
(b) | in any other case, that the conditions in sub-paragraphs (3) and (4) |
| |
| |
(3) | The condition in this sub-paragraph is satisfied if the number of hours, days |
| |
or months in respect of which any requirement of the order is imposed is no |
| 25 |
greater than the number of hours, days or months which may be imposed by |
| |
a court in Northern Ireland in respect of a similar requirement in the order |
| |
which the court proposes to specify as the corresponding order under |
| |
| |
(4) | The condition in this sub-paragraph is satisfied if suitable arrangements for |
| 30 |
the offender’s supervision can be made by the Probation Board for Northern |
| |
Ireland or any other body designated by the Secretary of State by order. |
| |
(5) | The condition in this sub-paragraph is satisfied in relation to an order that |
| |
will impose a requirement mentioned in sub-paragraph (6) if— |
| |
(a) | arrangements exist for persons to comply with such a requirement in |
| 35 |
the petty sessions district in Northern Ireland in which the offender |
| |
resides, or will be residing when the amendment to the order takes |
| |
| |
(b) | provision can be made for the offender to comply with the |
| |
requirement under those arrangements. |
| 40 |
(6) | The requirements referred to in sub-paragraphs (2)(a) and (5) are— |
| |
(a) | an activity requirement (including an extended activity |
| |
| |
(b) | an unpaid work requirement; |
| |
(c) | a programme requirement; |
| 45 |
(d) | an attendance centre requirement; |
| |
(e) | a mental health treatment requirement; |
| |
|
| |
|