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Sentencing Act 2020

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Change 1

What to do with it
As published

181 Making youth rehabilitation order where offender subject to other order

Offender subject to detention and training order (1) Where a court makes a youth rehabilitation order in respect of an offender who is subject to a detention and training order, the court may order that the youth rehabilitation order is to take effect— (a) when the period of supervision in respect of the detention and training order begins in accordance with section 242 (the period of supervision), or (b) on the expiry of the detention and training order. (2) For the purposes of subsection (1)— (a) the references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006 (detention and training orders made by service courts), and (b) the reference to section 242 includes that provision as applied by section 213 of that Act. (3) For those purposes, the references in subsections (1) and (2) to a detention and training order include an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (and references to section 242 include references to section 103 of that Act). Offender subject to youth rehabilitation order or reparation order (4) A court must not make a youth rehabilitation order in respect of an offender when— (a) another youth rehabilitation order, or (b) a reparation order, is in force in respect of the offender, unless when it makes the order it revokes the earlier order. (5) For the purposes of subsection (4)— (a) the reference in paragraph (a) to another youth rehabilitation order includes an order under section 1 of the Criminal Justice and Immigration Act 2008, and (b) the reference in paragraph (b) to a reparation order includes an order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000. Court dealing with offender for offences including one of which the offender is convicted when aged 18 (6) A court may not make a youth rehabilitation order in respect of an offence if it makes a suspended sentence order for any other offence for which it deals with the offender.

Your change, as a redline

181 Making youth rehabilitation order where offender subject to other order

Offender subject to detention and training order (1) Where a court makes a youth rehabilitation order in respect of an offender who is subject to a detention and training order, the court may order that the youth rehabilitation order is to take effect— (a) when the period of supervision in respect of the detention and training order begins in accordance with section 242 (the period of supervision), or (b) on the expiry of the detention and training order. (2) For the purposes of subsection (1)— (a) the references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006 (detention and training orders made by service courts), and (b) the reference to section 242 includes that provision as applied by section 213 of that Act. (3) For those purposes, the references in subsections (1) and (2) to a detention and training order include an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (and references to section 242 include references to section 103 of that Act). Offender subject to youth rehabilitation order or reparation order (4) A court must not make a youth rehabilitation order in respect of an offender when— (a) another youth rehabilitation order, or (b) a reparation order, is in force in respect of the offender, unless when it makes the order it revokes the earlier order. (5) For the purposes of subsection (4)— (a) the reference in paragraph (a) to another youth rehabilitation order includes an order under section 1 of the Criminal Justice and Immigration Act 2008, and (b) the reference in paragraph (b) to a reparation order includes an order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000. Court dealing with offender for offences including one of which the offender is convicted when aged 18 (6) A court may not make a youth rehabilitation order in respect of an offence if it makes a suspended sentence order for any other offence for which it deals with the offender.

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