|
| |
|
(4) | While the offender is under treatment as a resident patient in pursuance of |
| |
a mental health treatment requirement of a youth rehabilitation order, the |
| |
responsible officer is to carry out the supervision of the offender to such |
| |
extent only as may be necessary for the purpose of the revocation or |
| |
| 5 |
(5) | Subsections (2) and (3) of section 54 of the Mental Health Act 1983 (c. 20) |
| |
have effect with respect to proof of an offender’s mental condition for the |
| |
purposes of sub-paragraph (3)(a) as they have effect with respect to proof of |
| |
an offender’s mental condition for the purposes of section 37(2)(a) of that |
| |
| 10 |
(6) | In this paragraph and paragraph 21, “chartered psychologist” means a |
| |
person for the time being listed in the British Psychological Society’s |
| |
Register of Chartered Psychologists. |
| |
Mental health treatment at place other than that specified in order |
| |
21 (1) | Where the registered medical practitioner or chartered psychologist by |
| 15 |
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 |
| |
| |
(a) | is not specified in the youth rehabilitation order, and |
| 20 |
(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 |
| |
| |
| the medical practitioner or psychologist may make arrangements for the |
| |
offender to be treated accordingly. |
| 25 |
(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 |
| 30 |
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 |
| |
| |
(4) | Where any such arrangements as are mentioned in sub-paragraph (1) are |
| |
made for the treatment of an offender— |
| 35 |
(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 |
| 40 |
treatment to which the offender is required to submit in pursuance |
| |
of the youth rehabilitation order. |
| |
Drug treatment requirement |
| |
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, |
| 45 |
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 |
| |
|
| |
|
| |
|
(“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, |
| 5 |
| |
(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 |
| 10 |
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, |
| 15 |
| 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 |
| 20 |
force in the local justice area in which the offender resides or is to |
| |
| |
(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, |
| 25 |
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 or by an officer |
| |
of a local probation board, and |
| |
(d) | the offender has expressed willingness to comply with the |
| 30 |
| |
(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 |
| 35 |
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 |
| |
| 40 |
(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 |
| 45 |
“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 |
| |
| |
(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 |
| 5 |
| |
(b) | the order also imposes a drug treatment requirement, and |
| |
(c) | the offender has expressed willingness to comply with the |
| |
| |
(4) | A youth rehabilitation order which imposes a drug testing requirement— |
| 10 |
(a) | must specify for each month the minimum number of occasions on |
| |
which samples are to be provided, and |
| |
| |
(i) | times at which and circumstances in which the responsible |
| |
officer or treatment provider may require samples to be |
| 15 |
| |
(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 |
| 20 |
requirement to be communicated to the responsible officer. |
| |
| |
24 (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 |
| 25 |
| |
(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. |
| 30 |
(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 |
| |
| |
(a) | it has consulted the local education authority proposed to be |
| 35 |
specified in the order with regard to the proposal to include the |
| |
| |
| |
(i) | that, in the view of that local education authority, |
| |
arrangements exist for the offender to receive efficient full- |
| 40 |
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 |
| 45 |
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 |
| |
| |
(6) | In this paragraph, “local education authority” and “parent” have the same |
| 5 |
meanings as in the Education Act 1996 (c. 56). |
| |
Electronic monitoring requirement |
| |
25 (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 |
| 10 |
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 |
| 15 |
beginning of that period, notify— |
| |
| |
(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. |
| 20 |
| |
(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 |
| 25 |
| |
| the requirement may not be included in the order without that person’s |
| |
| |
(4) | A youth rehabilitation order which imposes an electronic monitoring |
| |
requirement must include provision for making a person responsible for the |
| 30 |
| |
(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— |
| 35 |
(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, |
| |
| |
(ii) | for each requirement mentioned in the first column of the |
| 40 |
Table in sub-paragraph (7) which the court proposes to |
| |
include in the order, in the area in which the relevant place is |
| |
| |
(b) | is satisfied that the necessary provision can be made under the |
| |
arrangements currently available. |
| 45 |
(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 |
| | | | | | | | | | | The place which the court |
| | 5 | | | proposes to specify in the |
| | | | | order for the purposes of that |
| | | | | | | | | | | | | | | | | 10 | | | which the court proposes to |
| | | | | | | | | | The attendance centre which |
| | | | | the court proposes to specify |
| | | | | | | 15 |
|
| |
26 (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 |
| 20 |
specified in that provision, such other number of hours as may be specified |
| |
| |
(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. |
| 25 |
(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). |
| 30 |
(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 |
| |
| |
| |
Provisions applying where court proposes to make youth rehabilitation order |
| 35 |
| |
27 | 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. |
| |
|
| |
|
| |
|
Compatibility of requirements, requirement to avoid conflict with religious beliefs, etc. |
| |
| |
(a) | a youth rehabilitation order imposing two or more requirements, or |
| |
(b) | two or more youth rehabilitation orders in respect of associated |
| |
| 5 |
| 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 |
| |
| |
(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 |
| 10 |
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 |
| |
| 15 |
(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. |
| |
Date of taking effect and other existing orders |
| 20 |
29 (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— |
| 25 |
(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) | A court must not make a youth rehabilitation order in respect of an offender |
| 30 |
| |
(a) | another youth rehabilitation order, or |
| |
(b) | a reparation order made under section 73(1) of the Powers of |
| |
Criminal Courts (Sentencing) Act 2000, |
| |
| is in force in respect of the offender, unless when it makes the order it |
| 35 |
revokes the earlier order. |
| |
(4) | Where the earlier order is revoked under sub-paragraph (3), 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. |
| |
Concurrent and consecutive orders |
| 40 |
30 (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 |
| |
| |
|
| |
|
| |
|
(a) | a youth rehabilitation order with intensive supervision and |
| |
| |
(b) | a youth rehabilitation order with fostering, |
| |
(c) | any other youth rehabilitation order, |
| |
| it may not make an order of any other of those kinds in respect of the other |
| 5 |
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 29(1) or (2)). |
| |
(4) | Where the court includes requirements of the same kind in two or more |
| 10 |
youth rehabilitation orders, it must direct, in relation to each requirement of |
| |
| |
(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 |
| 15 |
them, are to be consecutive. |
| |
(5) | But the court may not direct that two or more fostering requirements are to |
| |
| |
(6) | Where the court directs that two or more requirements of the same kind are |
| |
| 20 |
(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 |
| 25 |
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. |
| |
| |
Provisions applying where court makes youth rehabilitation order etc. |
| 30 |
Date for compliance with requirements to be specified in order |
| |
31 (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 |
| 35 |
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 12 months after the date on which the order takes effect. |
| 40 |
Local justice area to be specified in order |
| |
32 | A youth rehabilitation order must specify the local justice area in which the |
| |
offender resides or will reside. |
| |
|
| |
|