|
| |
|
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; |
| |
|
| |
|
| |
|
(f) | a drug treatment requirement; |
| |
(g) | a drug testing requirement; |
| |
(h) | an education requirement; |
| |
(i) | an electronic monitoring requirement. |
| |
(7) | The court may not by virtue of this paragraph require a local authority |
| 5 |
residence requirement or a fostering requirement to be complied with in |
| |
| |
Further provisions regarding the making or amending of youth rehabilitation orders under |
| |
| |
3 | A youth rehabilitation order made or amended in accordance with |
| 10 |
| |
(a) | specify the petty sessions district in Northern Ireland in which the |
| |
offender resides or will be residing when the order or amendment |
| |
| |
(b) | specify as the corresponding order for the purposes of this Schedule |
| 15 |
an order that may be made by a court in Northern Ireland, |
| |
| and paragraph 32 of Schedule 1 (local justice area to be specified in order) |
| |
does not apply in relation to an order so made or amended. |
| |
4 (1) | Before making or amending a youth rehabilitation order in accordance with |
| |
paragraph 1 or 2, the court must explain to the offender in ordinary |
| 20 |
| |
(a) | the requirements of the legislation in Northern Ireland relating to the |
| |
order to be specified under paragraph 3(b), |
| |
(b) | the powers of the home court under that legislation, as modified by |
| |
Part 2 of this Schedule, and |
| 25 |
(c) | its own powers under Part 2 of this Schedule. |
| |
(2) | The court which makes or amends the order must— |
| |
(a) | provide the persons mentioned in sub-paragraph (3) with a copy of |
| |
the order as made or amended, and |
| |
(b) | provide the home court with such other documents and information |
| 30 |
relating to the case as it considers likely to be of assistance to that |
| |
| |
| and sub-paragraphs (3) to (3) of paragraph 33 of Schedule 1 (provision of |
| |
copies of orders) do not apply. |
| |
(3) | The persons referred to in sub-paragraph (2)(a) are— |
| 35 |
| |
(b) | where the offender is aged under 14— |
| |
(i) | the offender’s parent or guardian, or |
| |
(ii) | if an authority in Northern Ireland has parental |
| |
responsibility for, and is looking after, the offender, the |
| 40 |
| |
(c) | the body which is to make suitable arrangements for the offender’s |
| |
supervision under the order, and |
| |
| |
(4) | In sub-paragraph (3)(b)(ii)— |
| 45 |
(a) | “authority” has the meaning given by Article 2 of the Children |
| |
(Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), |
| |
|
| |
|
| |
|
(b) | references to an offender who is looked after by an authority are to |
| |
be construed in accordance with Article 25 of that Order, and |
| |
(c) | “parental responsibility” has the same meaning as in that Order. |
| |
(5) | In this paragraph, “home court” has the meaning given by paragraph 8. |
| |
| 5 |
5 (1) | Where a court is considering the making or amendment of a youth |
| |
rehabilitation order by virtue of paragraph 1 or 2, Part 1 of this Act (youth |
| |
rehabilitation orders) has effect subject to the following modifications. |
| |
(2) | The following provisions of Schedule 1 are omitted— |
| |
(a) | in paragraph 8(3)(a) (activity requirement: further provisions), the |
| 10 |
words “a member of a youth offending team or”, |
| |
(b) | paragraphs 8(3)(c), 10(3)(b) and 12(3)(a) (availability of |
| |
arrangements in local area: activity requirement, unpaid work |
| |
requirement and attendance centre requirement), |
| |
(c) | paragraph 16(7) (residence requirement: restriction on requiring |
| 15 |
residence at hostel or institution), and |
| |
(d) | paragraphs 18(7), 22(4)(a), 23(3)(a) and 25(6) and (7) (availability of |
| |
arrangements in local area: fostering requirement, drug treatment |
| |
and testing requirements and electronic monitoring requirement). |
| |
(3) | In paragraph 12 of Schedule 1 (attendance centre requirement) any reference |
| 20 |
to an attendance centre has effect as a reference to an attendance centre as |
| |
defined by Article 50(1) of the Criminal Justice (Children) (Northern Ireland) |
| |
Order 1998 (S.I. 1998/1504 (N.I. 9)). |
| |
(4) | In paragraph 20 of that Schedule (mental health treatment requirement), for |
| |
sub-paragraph (2)(a) there is substituted— |
| 25 |
“(a) | treatment as a resident patient at such hospital as may be |
| |
specified in the order, being a hospital within the meaning |
| |
of the Health and Personal Social Services (Northern |
| |
Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)), approved by |
| |
the Department of Health, Social Services and Public |
| 30 |
Safety for the purposes of paragraph 4(3) of Schedule 1 to |
| |
the Criminal Justice (Northern Ireland) Order 1996 (S.I. |
| |
| |
(5) | In paragraphs 24 (education requirement) and 33(4) (additional persons to |
| |
whom court must give a copy of the order) of that Schedule, any reference |
| 35 |
to a local education authority (except in sub-paragraph (6) of paragraph 24) |
| |
has effect as a reference to an Education and Library Board established |
| |
under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 |
| |
(S.I. 1986/594 (N.I. 3)). |
| |
(6) | In paragraph 25 of that Schedule (electronic monitoring requirements: |
| 40 |
common provisions) sub-paragraph (5) is omitted. |
| |
(7) | Paragraph 35 of that Schedule has effect as if it required the Crown Court, |
| |
where it makes a direction under that paragraph, to specify the youth court |
| |
or other magistrates’ court in England and Wales which is to be the relevant |
| |
court in England or Wales for the purposes of Part 2 of this Schedule. |
| 45 |
(8) | Any reference to the responsible officer has effect as a reference to the person |
| |
who is to be responsible for the offender’s supervision under the order. |
| |
|
| |
|
| |
|
| |
6 | In this Part of this Schedule “supervision”, in relation to a youth |
| |
rehabilitation order which a court is considering making or amending in |
| |
accordance with paragraph 1 or 2, means the performance of supervisory, |
| |
enforcement and other related functions conferred by the legislation which |
| 5 |
has effect in Northern Ireland relating to corresponding orders of the kind |
| |
which the court proposes to specify under paragraph 3(b). |
| |
| |
Provisions relating to an order made or amended under Part 1 |
| |
| 10 |
7 | This Part of this Schedule applies where a youth rehabilitation order is made |
| |
or amended in accordance with Part 1 of this Schedule. |
| |
| |
8 | In this Part of this Schedule, in relation to the youth rehabilitation order— |
| |
“corresponding order” means the order specified under paragraph |
| 15 |
| |
| |
(a) | the court of summary jurisdiction acting for the petty |
| |
sessions district in Northern Ireland in which the offender |
| |
resides or proposes to reside, or |
| 20 |
(b) | where the youth rehabilitation order was made or amended |
| |
by the Crown Court and the Crown Court in Northern |
| |
Ireland has not made a direction under paragraph 11, the |
| |
Crown Court in Northern Ireland; |
| |
“supervision” means the performance of supervisory, enforcement and |
| 25 |
other related functions conferred by the legislation which has effect |
| |
in Northern Ireland relating to the corresponding order; |
| |
“the relevant court in England or Wales” means— |
| |
(a) | the court in England and Wales which made or which last |
| |
| 30 |
(b) | if the order was made by the Crown Court and includes a |
| |
direction under paragraph 35 of Schedule 1, such youth court |
| |
or other magistrates’ court as may be specified in the order; |
| |
“the relevant officer” means the person responsible for the offender’s |
| |
supervision under the order. |
| 35 |
Effect of the youth rehabilitation order in Northern Ireland |
| |
9 (1) | The youth rehabilitation order is to be treated in Northern Ireland as if it |
| |
were a corresponding order and the legislation which has effect in Northern |
| |
Ireland in relation to such orders applies accordingly. |
| |
(2) | Sub-paragraph (1) is subject to paragraphs 12 to 16. |
| 40 |
|
| |
|