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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 1 — Provisions to be included in youth rehabilitation orders

111

 

Schedules

Schedule 1

Section 1

 

Further provisions about youth rehabilitation orders

Part 1

Provisions to be included in youth rehabilitation orders

5

Imposition of requirements

1          

Subsection (1) of section 1 has effect subject to the following provisions of

Part 2 of this Schedule which relate to particular requirements—

(a)   

paragraph 8(3) and (4) (activity requirement),

(b)   

paragraph 10(3) (unpaid work requirement),

10

(c)   

paragraph 11(3) and (4) (programme requirement),

(d)   

paragraph 12(3) (attendance centre requirement),

(e)   

paragraph 13(2) (prohibited activity requirement),

(f)   

paragraph 16(2), (4) and (7) (residence requirement),

(g)   

paragraphs 17(3) and (4) and 19 (local authority residence

15

requirement),

(h)   

paragraph 20(3) (mental health treatment requirement),

(i)   

paragraph 22(2) and (4) (drug treatment requirement),

(j)   

paragraph 23(3) (drug testing requirement),

(k)   

paragraph 24(2) and (4) (intoxicating substance treatment

20

requirement), and

(l)   

paragraph 25(4) (education requirement).

Electronic monitoring requirement

2     (1)  

Sub-paragraph (2) applies to a youth rehabilitation order which—

(a)   

imposes a curfew requirement (whether by virtue of paragraph

25

3(4)(b) or otherwise), or

(b)   

imposes an exclusion requirement.

      (2)  

The order must also impose an electronic monitoring requirement unless—

(a)   

in the particular circumstances of the case, the court considers it

inappropriate for the order to do so, or

30

(b)   

the court is prevented by paragraph 26(3) or (6) from including such

a requirement in the order.

      (3)  

Subsection (2)(a) of section 1 has effect subject to paragraph 26(3) and (6).

 

 

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 1 — Provisions to be included in youth rehabilitation orders

112

 

Youth rehabilitation order with intensive supervision and surveillance

3     (1)  

This paragraph applies where paragraphs (a) to (c) of section 1(4) are

satisfied.

      (2)  

The court, if it makes a youth rehabilitation order which imposes an activity

requirement, may specify in relation to that requirement a number of days

5

which is more than 90 but not more than 180.

      (3)  

Such an activity requirement is referred to in this Part of this Act as “an

extended activity requirement”.

      (4)  

A youth rehabilitation order which imposes an extended activity

requirement must also impose—

10

(a)   

a supervision requirement, and

(b)   

a curfew requirement (and, accordingly, if so required by paragraph

2, an electronic monitoring requirement).

      (5)  

A youth rehabilitation order which imposes an extended activity

requirement (and other requirements in accordance with sub-paragraph (4))

15

is referred to in this Part of this Act as “a youth rehabilitation order with

intensive supervision and surveillance” (whether or not it also imposes any

other requirement mentioned in section 1(1)).

Youth rehabilitation order with fostering

4     (1)  

This paragraph applies where paragraphs (a) to (c) of section 1(4) are

20

satisfied.

      (2)  

If the court is satisfied—

(a)   

that the behaviour which constituted the offence was due to a

significant extent to the circumstances in which the offender was

living, and

25

(b)   

that the imposition of a fostering requirement (see paragraph 18)

would assist in the offender’s rehabilitation,

           

it may make a youth rehabilitation order in accordance with section 1 which

imposes a fostering requirement.

      (3)  

But a court may not impose a fostering requirement unless—

30

(a)   

it has consulted the offender’s parents or guardians (unless it is

impracticable to do so), and

(b)   

it has consulted the local authority which is to place the offender

with a local authority foster parent.

      (4)  

A youth rehabilitation order which imposes a fostering requirement must

35

also impose a supervision requirement.

      (5)  

This paragraph has effect subject to paragraphs 18(7) and 19 (pre-conditions

to imposing fostering requirement).

      (6)  

A youth rehabilitation order which imposes a fostering requirement is

referred to in this Part of this Act as “a youth rehabilitation order with

40

fostering” (whatever other requirements mentioned in section 1(1) or (2) it

imposes).

 

 

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements

113

 

Intensive supervision and surveillance and fostering: further provisions

5     (1)  

A youth rehabilitation order with intensive supervision and surveillance

may not impose a fostering requirement.

      (2)  

Nothing in—

(a)   

section 1(4)(b), or

5

(b)   

section 148(1) or (2)(b) of the Criminal Justice Act 2003 (c. 44)

(restrictions on imposing community sentences),

           

prevents a court from making a youth rehabilitation order with intensive

supervision and surveillance in respect of an offender if the offender fails to

comply with an order under section 161(2) of the Criminal Justice Act 2003

10

(pre-sentence drug testing).

Part 2

Requirements

Activity requirement

6     (1)  

In this Part of this Act “activity requirement”, in relation to a youth

15

rehabilitation order, means a requirement that the offender must do any or

all of the following—

(a)   

participate, on such number of days as may be specified in the order,

in activities at a place, or places, so specified;

(b)   

participate in an activity, or activities, specified in the order on such

20

number of days as may be so specified;

(c)   

participate in one or more residential exercises for a continuous

period or periods comprising such number or numbers of days as

may be specified in the order;

(d)   

in accordance with paragraph 7, engage in activities in accordance

25

with instructions of the responsible officer on such number of days

as may be specified in the order.

      (2)  

Subject to paragraph 3(2), the number of days specified in the order under

sub-paragraph (1) must not, in aggregate, be more than 90.

      (3)  

A requirement such as is mentioned in sub-paragraph (1)(a) or (b) operates

30

to require the offender, in accordance with instructions given by the

responsible officer, on the number of days specified in the order in relation

to the requirement—

(a)   

in the case of a requirement such as is mentioned in sub-paragraph

(1)(a), to present himself or herself at a place specified in the order to

35

a person of a description so specified, or

(b)   

in the case of a requirement such as is mentioned in sub-paragraph

(1)(b), to participate in an activity specified in the order,

           

and, on each such day, to comply with instructions given by, or under the

authority of, the person in charge of the place or the activity (as the case may

40

be).

      (4)  

Where the order requires the offender to participate in a residential exercise,

it must specify, in relation to the exercise—

(a)   

a place, or

(b)   

an activity.

45

 

 

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements

114

 

      (5)  

A requirement to participate in a residential exercise operates to require the

offender, in accordance with instructions given by the responsible officer—

(a)   

if a place is specified under sub-paragraph (4)(a)—

(i)   

to present himself or herself at the beginning of the period

specified in the order in relation to the exercise, at the place

5

so specified to a person of a description specified in the

instructions, and

(ii)   

to reside there for that period,

(b)   

if an activity is specified under sub-paragraph (4)(b), to participate,

for the period specified in the order in relation to the exercise, in the

10

activity so specified,

           

and, during that period, to comply with instructions given by, or under the

authority of, the person in charge of the place or the activity (as the case may

be).

Activity requirement: instructions of responsible officer under paragraph 6(1)(d)

15

7     (1)  

Subject to sub-paragraph (3), instructions under paragraph 6(1)(d) relating

to any day must require the offender to do either of the following—

(a)   

present himself or herself to a person or persons of a description

specified in the instructions at a place so specified;

(b)   

participate in an activity specified in the instructions.

20

      (2)  

Any such instructions operate to require the offender, on that day or while

participating in that activity, to comply with instructions given by, or under

the authority of, the person in charge of the place or, as the case may be, the

activity.

      (3)  

If the order so provides, instructions under paragraph 6(1)(d) may require

25

the offender to participate in a residential exercise for a period comprising

not more than 7 days, and, for that purpose—

(a)   

to present himself or herself at the beginning of that period to a

person of a description specified in the instructions at a place so

specified and to reside there for that period, or

30

(b)   

to participate for that period in an activity specified in the

instructions.

      (4)  

Instructions such as are mentioned in sub-paragraph (3)—

(a)   

may not be given except with the consent of a parent or guardian of

the offender, and

35

(b)   

operate to require the offender, during the period specified under

that sub-paragraph, to comply with instructions given by, or under

the authority of, the person in charge of the place or activity specified

under sub-paragraph (3)(a) or (b) (as the case may be).

Activity requirement: further provisions

40

8     (1)  

Instructions given by, or under the authority of, a person in charge of any

place under any of the following provisions—

(a)   

paragraph 6(3),

(b)   

paragraph 6(5),

(c)   

paragraph 7(2), or

45

(d)   

paragraph 7(4)(b),

 

 

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements

115

 

           

may require the offender to engage in activities otherwise than at that place.

      (2)  

An activity specified—

(a)   

in an order under paragraph 6(1)(b), or

(b)   

in instructions given under paragraph 6(1)(d),

           

may consist of or include an activity whose purpose is that of reparation,

5

such as an activity involving contact between an offender and persons

affected by the offences in respect of which the order was made.

      (3)  

A court may not include an activity requirement in a youth rehabilitation

order unless—

(a)   

it has consulted a member of a youth offending team, an officer of a

10

local probation board or an officer of a provider of probation

services,

(b)   

it is satisfied that it is feasible to secure compliance with the

requirement, and

(c)   

it is satisfied that provision for the offender to participate in the

15

activities proposed to be specified in the order can be made under the

arrangements for persons to participate in such activities which exist

in the local justice area in which the offender resides or is to reside.

      (4)  

A court may not include an activity requirement in a youth rehabilitation

order if compliance with that requirement would involve the co-operation

20

of a person other than the offender and the responsible officer, unless that

other person consents to its inclusion.

Supervision requirement

9          

In this Part of this Act “supervision requirement”, in relation to a youth

rehabilitation order, means a requirement that, during the period for which

25

the order remains in force, the offender must attend appointments with the

responsible officer or another person determined by the responsible officer,

at such times and places as may be determined by the responsible officer.

Unpaid work requirement

10    (1)  

In this Part of this Act “unpaid work requirement”, in relation to a youth

30

rehabilitation order, means a requirement that the offender must perform

unpaid work in accordance with this paragraph.

      (2)  

The number of hours which a person may be required to work under an

unpaid work requirement must be specified in the youth rehabilitation

order and must be, in aggregate—

35

(a)   

not less than 40, and

(b)   

not more than 240.

      (3)  

A court may not impose an unpaid work requirement in respect of an

offender unless—

(a)   

after hearing (if the court thinks necessary) an appropriate officer,

40

the court is satisfied that the offender is a suitable person to perform

work under such a requirement, and

(b)   

the court is satisfied that provision for the offender to work under

such a requirement can be made under the arrangements for persons

to perform work under such a requirement which exist in the local

45

justice area in which the offender resides or is to reside.

 

 

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements

116

 

      (4)  

In sub-paragraph (3)(a) “an appropriate officer” means a member of a youth

offending team, an officer of a local probation board or an officer of a

provider of probation services.

      (5)  

An offender in respect of whom an unpaid work requirement of a youth

rehabilitation order is in force must perform for the number of hours

5

specified in the order such work at such times as the responsible officer may

specify in instructions.

      (6)  

Subject to paragraph 17 of Schedule 2, the work required to be performed

under an unpaid work requirement of a youth rehabilitation order must be

performed during the period of 12 months beginning with the day on which

10

the order takes effect.

      (7)  

Unless revoked, a youth rehabilitation order imposing an unpaid work

requirement remains in force until the offender has worked under it for the

number of hours specified in it.

Programme requirement

15

11    (1)  

In this Part of this Act  “programme requirement”, in relation to a youth

rehabilitation order, means a requirement that the offender must participate

in a systematic set of activities (“a programme”) specified in the order at a

place or places so specified on such number of days as may be so specified.

      (2)  

A programme requirement may require the offender to reside at any place

20

specified in the order under sub-paragraph (1) for any period so specified if

it is necessary for the offender to reside there for that period in order to

participate in the programme.

      (3)  

A court may not include a programme requirement in a youth rehabilitation

order unless—

25

(a)   

the programme which the court proposes to specify in the order has

been recommended to the court by—

(i)   

a member of a youth offending team,

(ii)   

an officer of a local probation board, or

(iii)   

an officer of a provider of probation services,

30

   

as being suitable for the offender, and

(b)   

the court is satisfied that the programme is available at the place or

places proposed to be specified.

      (4)  

A court may not include a programme requirement in a youth rehabilitation

order if compliance with that requirement would involve the co-operation

35

of a person other than the offender and the offender’s responsible officer,

unless that other person consents to its inclusion.

      (5)  

A requirement to participate in a programme operates to require the

offender—

(a)   

in accordance with instructions given by the responsible officer to

40

participate in the programme at the place or places specified in the

order on the number of days so specified, and

(b)   

while at any of those places, to comply with instructions given by, or

under the authority of, the person in charge of the programme.

 

 

Criminal Justice and Immigration Bill
Schedule 1 — Further provisions about youth rehabilitation orders
Part 2 — Requirements

117

 

Attendance centre requirement

12    (1)  

In this Part of this Act “attendance centre requirement”, in relation to a youth

rehabilitation order, means a requirement that the offender must attend at

an attendance centre specified in the order for such number of hours as may

be so specified.

5

      (2)  

The aggregate number of hours for which the offender may be required to

attend at an attendance centre—

(a)   

if the offender is aged 16 or over at the time of conviction, must be—

(i)   

not less than 12, and

(ii)   

not more than 36;

10

(b)   

if the offender is aged 14 or over but under 16 at the time of

conviction, must be—

(i)   

not less than 12, and

(ii)   

not more than 24;

(c)   

if the offender is aged under 14 at the time of conviction, must not be

15

more than 12.

      (3)  

A court may not include an attendance centre requirement in a youth

rehabilitation order unless it—

(a)   

has been notified by the Secretary of State that—

(i)   

an attendance centre is available for persons of the offender’s

20

description, and

(ii)   

provision can be made at the centre for the offender, and

(b)   

is satisfied that the attendance centre proposed to be specified is

reasonably accessible to the offender, having regard to the means of

access available to the offender and any other circumstances.

25

      (4)  

The first time at which the offender is required to attend at the attendance

centre is a time notified to the offender by the responsible officer.

      (5)  

The subsequent hours are to be fixed by the officer in charge of the centre—

(a)   

in accordance with arrangements made by the responsible officer,

and

30

(b)   

having regard to the offender’s circumstances.

      (6)  

An offender may not be required under this paragraph to attend at an

attendance centre—

(a)   

on more than one occasion on any day, or

(b)   

for more than three hours on any occasion.

35

      (7)  

A requirement to attend at an attendance centre for any period on any

occasion operates as a requirement—

(a)   

to attend at the centre at the beginning of the period, and

(b)   

during that period, to engage in occupation, or receive instruction,

under the supervision of and in accordance with instructions given

40

by, or under the authority of, the officer in charge of the centre,

whether at the centre or elsewhere.

 

 

 
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