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In force since 2026-10-26, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) This section applies for the purposes of this Chapter. (2) A discounted sentence is a sentence passed in pursuance of— (a) section 74, or (b) section 388. (3) References— (a) to a written agreement are to an agreement made in writing with a specified prosecutor; (b) to a specified prosecutor are to be read in accordance with section 71 of the Serious Organised Crime and Police Act 2005 (assistance by offender: immunity from prosecution).
Propose a change(1) This section applies where under an enactment, whether passed before or after the commencement of this Act, an offender sentenced on summary conviction to imprisonment or a fine is required to enter into a recognizance with or without sureties to— (a) keep the peace, or (b) observe any other condition. (2) The magistrates' court which convicted the offender may dispense with or modify the requirement. (3) In subsection (1) “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act.
Propose a change(1) The Secretary of State may make rules for regulating— (a) the supervision of persons who are subject to community orders or suspended sentence orders, (b) without prejudice to the generality of paragraph (a), the functions of responsible officers within the meaning of section 213 or 299 in relation to offenders subject to community orders or suspended sentence orders, (c) the arrangements to be made by providers of probation services for— (i) persons subject to unpaid work requirements of such orders to perform work, and (ii) the performance of such work, (d) the provision and carrying on of attendance centres, (e) the attendance of persons subject to— (i) probation requirements, (ii) attendance centre requirements, or (iii) attendance centre requirements imposed by youth rehabilitation orders, at the places at which they are required to attend, including hours of attendance, reckoning days of attendance and the keeping of attendance records, (f) electronic monitoring in pursuance of an electronic monitoring requirement of a community order or a suspended sentence order, and (g) without prejudice to the generality of paragraph (f), the functions of persons made responsible for securing electronic monitoring in pursuance of such a requirement. (2) Rules under subsection (1)(c) may, in particular, make provision— (a) limiting the number of hours of work to be done by a person on any one day, (b) as to the reckoning of hours worked and the keeping of work records, and (c) for the payment of travelling and other expenses in connection with the performance of work. (3) Rules under this section are subject to the negative resolution procedure.
Propose a change(1) The Secretary of State must issue a code of practice relating to processing of data gathered in the course of electronic monitoring of offenders under— (a) electronic compliance monitoring requirements and electronic whereabouts monitoring requirements imposed by youth rehabilitation orders, and (b) electronic monitoring requirements imposed by community orders and suspended sentence orders. (2) A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.
Propose a change(1) A community order or suspended sentence order qualifies for special procedures for the purposes of a relevant provision if the order— (a) is of a description specified in regulations for the purposes of that provision, and (b) is made within a period, or after a time, so specified. (2) In subsection (1) “relevant provision” means— (a) section 217A; (b) section 293A; (c) paragraphs 10(5)(ba) and 11(2)(ba) of Schedule 10; (d) paragraph 13(1)(da) of Schedule 16. (3) A description specified under subsection (1)(a) may, among other things, be framed by reference to— (a) the courts by which the orders are made (for example, courts sitting in particular places or areas); (b) the persons who are subject to the orders (for example, persons of a particular sex); (c) the offences to which the orders relate. (4) Where regulations under subsection (1)(a) specify a description of community or suspended sentence order for the first time, they must under subsection (1)(b) specify, in relation to that description of order, a period of 18 months beginning with the day on which the regulations come into force. (5) Regulations under this section are to be made by the Secretary of State. (6) Regulations under this section are subject to— (a) the negative resolution procedure, where under subsection (1)(b) the regulations specify a period, and (b) the affirmative resolution procedure, in any other case.
Propose a changeSection 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English and Welsh courts in Scotland) applies to any process issued by a magistrates' court under any of the following provisions as it applies to process issued under the Magistrates' Courts Act 1980 by a magistrates' court— section 6(4) (effect of deferment order); section 9(2) (failure to comply with deferment requirement); section 10(3) (conviction of offence during period of deferment); paragraph 3(2) of Schedule 2 (order for conditional discharge: commission of further offence); paragraph 3(2) of Schedule 4 (referral order: further court proceedings); paragraph 6(3) of Schedule 5 (breach, revocation and amendment of reparation order); paragraph 8(2) or (4), 14(4) or 24(4) of Schedule 10 (breach, revocation or amendment of community order); paragraph 24(2) of Schedule 11 (transfer of community orders to Scotland or Northern Ireland); paragraph 2(2) of Schedule 12 (detention and training order: breach of supervision requirements and further offences); paragraph 8(2) or (4), 20(2) or 25(6) of Schedule 16 (breach or amendment of suspended sentence order, and effect of further conviction).
Propose a change(1) In this Code, except where the contrary intention appears— “accommodation provided by or on behalf of a local authority” has the same meaning as in the Children Act 1989 (see section 105 of that Act); “the appropriate officer of the court” means, in relation to a magistrates' court, the designated officer for the court; “associated”, in relation to offences, is to be read in accordance with section 400; “attendance centre” has the meaning given by section 221 of the Criminal Justice Act 2003; “community order” means an order under section 200; “community order requirement” is to be read in accordance with section 200(2); “community requirement”, in relation to a suspended sentence order, has the meaning given by section 286(7); “community sentence” means a sentence which consists of or includes— a community order, or a youth rehabilitation order; “compensation order” has the meaning given by section 133; “court” does not include a service court; “criminal behaviour order” has the meaning given by section 330; “criminal courts charge order” has the meaning given by section 46(3); “custodial sentence” has the meaning given by section 222; “detention and training order” has the meaning given by section 233; “electronic compliance monitoring requirement” has the meaning given by paragraph 29 of Schedule 9; “electronic monitoring requirement”, in relation to a community order or suspended sentence order, means— an electronic compliance monitoring requirement, or an electronic whereabouts monitoring requirement; “electronic whereabouts monitoring requirement” has the meaning given by paragraph 30 of Schedule 9; “end date”, in relation to a community order, means the date for the time being specified in the order under— section 209 (community order to specify end date), paragraph 13(1)(b) of Schedule 10 (power to substitute later end date on breach), or paragraph 20(1) of that Schedule (power to amend order to substitute later end date); “extended sentence” means a sentence under— section 254 (extended custodial sentence for persons aged under 18), section 266 (extended sentence of detention in a young offender institution for adults aged under 21), or section 279 (extended sentence of imprisonment); “guardian” has the same meaning as in the Children and Young Persons Act 1933 (see section 107(1) of that Act); “home local justice area” means— in relation to a community order, the local justice area specified in the order under section 210 or paragraph 16 or 17 of Schedule 10; in relation to a suspended sentence order which imposes one or more community requirements, the local justice area specified in the order under section 296 or paragraph 23 or 24 of Schedule 16; “imprisonable offence” means an offence that is punishable with imprisonment in a court (even if the offence in question is not so punishable by the court dealing with the offender for it); “local authority foster parent” has the same meaning as in the Children Act 1989 (see section 105(1) of that Act); “order for absolute discharge” has the meaning given by section 79; “order for conditional discharge” has the meaning given by section 80; “place of safety” has the same meaning as in the Children and Young Persons Act 1933 (see section 107(1) of that Act); “pre-sentence report” has the meaning given by section 31; “probation trust” means a trust established under section 5 of the Offender Management Act 2007; “referral order” has the meaning given by section 83; “relevant order” means— a community order, or a suspended sentence order which imposes one or more community requirements; “reparation order” has the meaning given by section 109(1); “the responsible officer”— in relation to a community order, has the meaning given by section 213; in relation to a suspended sentence order which imposes one or more community requirements, has the meaning given by section 299; “restraining order” has the meaning given by section 359; “sentence of imprisonment” does not include a committal— in default of payment of any sum of money, for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone, and references to sentencing an offender to imprisonment are to be read accordingly; “sentencing guidelines” means sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued; “serious terrorism sentence” means a sentence under— section 268A (serious terrorism sentence of detention in young offender institution for adults aged under 21), or section 282A (serious terrorism sentence of imprisonment); “service court” means— the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court, or the Supreme Court on an appeal from the Court Martial Appeal Court; “sexual harm prevention order” has the meaning given by section 343(1); “specified offence” has the meaning given by section 306; “suspended sentence” and “suspended sentence order” have the meanings given by section 286(6); “youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998; “youth rehabilitation order” has the meaning given by section 173; “youth rehabilitation order with fostering” has the meaning given by section 176; “youth rehabilitation order with intensive supervision and surveillance” has the meaning given by section 175. (2) Any reference in this Code to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders. (3) A reference in this Code to want of sufficient distress to satisfy a sum includes a reference to circumstances where— (a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but (b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (within the meaning given by 50(3) of Schedule 12 to that Act). (4) A reference in this Code to an offender who is subject to a detention and training order being released for supervision is to be read in accordance with section 248(5). (5) For the purposes of this Code, proceedings are instituted when they are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985 (see section 15(2) of that Act).
Propose a change(1) Nothing in this Code is to be taken to affect the operation of the following (liability as an accessory)— (a) section 8 of the Accessories and Abettors Act 1861, or (b) section 44 of the Magistrates' Courts Act 1980. (2) Accordingly, any reference in this Act to an offence includes a reference to that offence committed by aiding, abetting, counselling or procuring the commission of that offence. (3) In this Code, “inchoate offence” in relation to an offence, means— (a) an attempt to commit the offence, (b) conspiracy to commit the offence, (c) an offence under Part 2 of the Serious Crime Act 2007 related to the offence, or (d) incitement to commit the offence, but this is subject to subsection (4). (4) Paragraph (d) of subsection (3) does not apply for the purposes of— (a) section 67 (assaults on emergency workers); (b) Part 1 or 2 of Schedule 13 (special sentence for offenders of particular concern: offences). But paragraph (b) is not to be taken to affect the operation of paragraph 8 or 12 of Schedule 13 (abolished offences). (5) For the purposes of this Code, an offence committed by a person under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) is related to another offence if that other offence is the offence (or one of the offences) which the person intended or believed would be committed.
Propose a changeFor the purposes of this Code, where a court is dealing with an offender for an offence, a mandatory sentence requirement applies in relation to the offence if— (a) the offence is one for which the sentence is fixed by law, (b) the court is obliged by one of the following provisions to pass a sentence of detention for life, custody for life or imprisonment for life— (i) section 258, 258A, 274, 274A, 285 or 285A (life sentence for certain ... offenders); (ii) section 273 or 283 (life sentence for second listed offence), (ba) the court is obliged by section 268B or 282B to impose a serious terrorism sentence, or (c) a sentence is required by one of the following provisions and the court is not of the opinion mentioned in that provision— (i) section 311(2) (minimum sentence for certain offences involving firearms that are prohibited weapons); (ii) section 312(2) or (2A) (minimum sentence for offence of threatening with weapon or bladed article); (iii) section 313(2) or (2A) (minimum sentence of 7 years for third class A drug trafficking offence); (iv) section 314(2) or (2A) (minimum sentence of 3 years for third domestic burglary); (v) section 315(2) or (2A) (minimum sentence for repeat offence involving weapon or corrosive substance or bladed article).
Propose a changeFor the purposes of this Code, an offence is associated with another if— (a) the offender— (i) is convicted of it in the proceedings in which the offender is convicted of the other offence, or (ii) (although convicted of it in earlier proceedings) is sentenced for it at the same time as being sentenced for that offence, or (b) in the proceedings in which the offender is sentenced for the other offence, the offender— (i) admits having committed it, and (ii) asks the court to take it into consideration in sentencing for that other offence.
Propose a changeIn this Code, except where otherwise provided, “sentence”, in relation to an offence, includes any order made by a court when dealing with the offender in respect of the offence, and “sentencing” is to be construed accordingly.
Propose a change(1) Where under this Code a court has power to re-sentence an offender for an offence, the court may deal with the offender in any way in which it could deal with the offender— (a) if the offender had just been convicted by or before it of the offence, and (b) in a case where the offender was aged under 18 when in fact convicted of the offence, as if the offender were the same age as when in fact convicted. (2) But where under this Code the Crown Court has power to re-sentence an offender for an offence and subsection (3) applies, the power of the Crown Court is power to deal with the offender in any way in which a magistrates' court could deal with the offender for the offence if— (a) the offender had just been convicted by the magistrates' court of the offence, and (b) in a case where the offender was aged under 18 when in fact convicted of the offence, the offender were the same age as when in fact convicted. (3) This subsection applies where— (a) the Crown Court's power to re-sentence the offender for the offence is exercisable— (i) where the Crown Court revokes another order previously made in respect of the offence, or (ii) where an order for conditional discharge has previously been made in respect of the offence, by virtue of a further offence committed during the period of conditional discharge, and (b) the previous order was made— (i) by a magistrates' court, or (ii) by the Crown Court in circumstances where its powers to deal with the offender for the offence were those (however expressed) which would have been exercisable by a magistrates' court on convicting the offender of the offence.
Propose a change(1) In this Code, any reference to a local authority in relation to— (a) accommodation provided by or on behalf of a local authority (including any reference to a local authority which is to receive a person aged under 18), (b) placing a person aged under 18 with a local authority foster parent, or (c) an order made under section 380 (power to order parent or guardian to pay fine, costs, compensation or surcharge) against a local authority, has the same meaning as in the Children Act 1989 (see section 105 of that Act). (2) In this Code, in relation to a youth offending team— (a) any reference to a local authority has the same meaning as in Part 3 of the Crime and Disorder Act 1998 (see section 42 of that Act), and (b) any reference to the area of that local authority is to be read in accordance with section 42(2) of that Act.
Propose a change(1) This section applies where an offender for whom a local authority has parental responsibility is— (a) in the care of the local authority, or (b) provided with accommodation by the local authority in the exercise of any social services functions of the authority. (2) Any reference in this Code to the offender's parent or guardian is to be read as a reference to that authority. (3) This does not apply in paragraphs 27 and 39 of Schedule 6 (fostering and education requirements of youth rehabilitation orders) and is subject to express provision to the contrary. (4) In this section— “local authority” has the same meaning as it has in the Children Act 1989; “parental responsibility” has the same meaning as it has in that Act (see section 3 of that Act); “social services functions”— in relation to a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970 (see section 1A of that Act); in relation to a local authority in Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014 (anaw 4) (see section 143 of that Act).
Propose a change(1) This section applies for the purposes of any provision of this Code which requires a person's age to be determined by the court or the Secretary of State. (2) The person is to be deemed to be whatever age the person appears to the court, or, as the case may be, the Secretary of State, to be. (3) For this purpose, the court or Secretary of State must consider any available evidence.
Propose a changeNothing in this Code affects section 29 of the Children and Young Persons Act 1963 (power of a court, where an offender reaches 18 during proceedings for an offence, to deal with the offender as if still under 18).
Propose a change(1) This section applies to— (a) any power conferred by this Act on the Secretary of State to make regulations or rules; (b) any power conferred by— (i) sections 44 to 50 (criminal courts charge), (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iia) paragraph 13A of Schedule 23 (power to add or alter requirements imposed by community orders and suspended sentence orders), or (iii) paragraph 19 of Schedule 23 (power to amend minimum term of mandatory life sentence for murder), on the Lord Chancellor to make regulations. (2) The power is exercisable by statutory instrument. (3) Subsections (4) to (6) apply except where otherwise provided. (4) The power includes power to make supplementary, incidental or consequential provision. (5) The power also includes power to make transitory, transitional or saving provision. (6) The power may be exercised so as to make different provision— (a) for different purposes, or (b) for different areas. (7) Where regulations under this Act are subject to the “affirmative resolution procedure”, the regulations must not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament. (8) Where regulations or rules under this Act are subject to the “negative resolution procedure” the statutory instrument containing the regulations or rules is subject to annulment in pursuance of a resolution of either House of Parliament. (9) Provision that may be made by regulations under this Act for which no Parliamentary procedure is required may be included in regulations that are subject to the negative or affirmative resolution procedure. (10) Provision that may be made by regulations under this Act that are subject to the negative resolution procedure may be included in regulations that are subject to the affirmative resolution procedure.
Propose a changeSchedule 22 contains amendments of the Sentencing Code and certain related amendments of other Acts. See section 417 for provision about when they come into force.
Propose a change(1) Schedule 23 contains powers to amend the Sentencing Code. (2) Provision that may be made in exercise of a power in Schedule 23 includes provision in respect of an offence (whenever committed) of which a person is convicted after the regulations come into force. This is subject to express provision to the contrary.
Propose a changeSchedule 24 contains consequential amendments.
Propose a change(1) Schedule 25 contains consequential amendments of the Armed Forces Act 2006. (2) Schedule 26 contains further amendments of provisions of the Armed Forces Act 2006 that apply provisions of this Code or otherwise relate to sentencing. See section 418 for provision about when those amendments come into force.
Propose a changeSchedule 27 contains transitional provisions and savings.
Propose a change(1) The provisions specified in Schedule 28 (which include provisions that are spent) are repealed or revoked to the extent specified. (2) The provisions specified in Schedule 29 are repealed or revoked so far as they extend to England and Wales only. (3) Subsections (1) and (2) are subject to the following provisions of this section. Standard scale and powers to amend fines etc (4) Nothing in this section or Schedule 28 or 29 affects any provision of— (a) section 37 of the Criminal Justice Act 1982 (standard scale), (b) section 17 of the Criminal Justice Act 1991 (amendments of standard scale), or (c) section 143 of the Magistrates' Courts Act 1980 (amendments of fines etc), so far as it has been, or is capable of being, extended under section 81(11) of the Criminal Justice Act 1982 (as extended by section 102(7) of the Criminal Justice Act 1991) (power to extend certain provisions to Channel Islands or Isle of Man by Order in Council). Life sentence for second serious offence committed before 4 April 2005 (5) Nothing in Schedule 28 affects— (a) section 109 of the Powers of Criminal Courts Sentencing Act 2000 (life sentence for second serious offence), as it has effect by virtue of paragraph 5(2) of Schedule 2 to the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950), or (b) any other provision so far as it continues to have effect, by virtue of paragraph 6 of Schedule 2 to that order, in a case in which a court is dealing with a person whose sentence falls to be imposed under that section.
Propose a change(1) Subject to the following provisions of this section and to section 415, the provisions of this Act extend to England and Wales only. (2) The following provisions extend to England and Wales, Scotland and Northern Ireland— (a) section 219 and Schedule 11 (transfer of community orders to Scotland or Northern Ireland); (b) section 304 and Schedule 17 (transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements); (c) section 349(2) (effect of making sexual harm prevention order where order already exists); (d) this section and sections 416 to 420; (e) paragraph 18 of Schedule 16 (duty of court in Scotland or Northern Ireland when informed of suspended sentence). (3) The following provisions extend to England and Wales and Northern Ireland— (a) section 196 and Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland); (b) section 351 (variation of sexual harm prevention order by court in Northern Ireland); (c) section 407 (regulations and rules) (but see subsection (7)); (d) paragraph 12 of Schedule 23 (power to amend Schedule 8 in consequence of changes to the law in Northern Ireland). (4) The following provisions extend to England and Wales and Scotland— (a) sections 38, 40 and 41 (effect of derogatory assertion orders); (b) section 82 (effect of order for absolute discharge and order for conditional discharge); (c) section 396 (execution of process between England and Wales and Scotland). (5) Any amendment, repeal or revocation made by— (a) Schedule 22 (amendments of the Sentencing Code and related amendments of other legislation), (b) Schedule 24 (consequential amendments), (c) Schedule 25 (amendments of the Armed Forces Act 2006), (d) Schedule 26 (further amendments of the Armed Forces Act 2006), or (e) Schedule 28 (repeals and revocations), has the same extent in the United Kingdom as the provision to which it relates. (6) Nothing in subsections (1) to (4) affects the extent within the United Kingdom of— (a) any provision of or made under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006, or (b) the repeal by this Act of any provision so far as that provision is applied (by whatever words) by or under the Armed Forces Act 2006. (7) See also sections 18(3) and 48(2)(a) of the Sentencing Act 2026 (extent of section 407 and paragraph 13A of Schedule 23).
Propose a change(1) Her Majesty may by Order in Council extend any relevant provision, with such modifications as appear to Her Majesty in Council to be appropriate, to any of the Channel Islands or the Isle of Man. (2) In subsection (1) “relevant provision”, in relation to any of the Channel Islands or the Isle of Man, means any provision of this Act so far as it restates a provision that, immediately before the commencement date, is capable of being extended there under section 338 of the Criminal Justice Act 2003 (certain provisions of that Act as enacted or subsequently amended by certain other Acts). (3) An Order in Council under subsection (1) may— (a) make supplementary, incidental or consequential provision; (b) make transitory, transitional or saving provision. (4) The armed forces provisions extend to— (a) the Isle of Man, and (b) the British overseas territories except Gibraltar. (5) The powers conferred by section 384 of the Armed Forces Act 2006 (power to extend Act to the Channel Islands and powers to make provisions of that Act apply with modifications in relation to the Channel Islands, British overseas territories except Gibraltar, and the Isle of Man) are exercisable in relation to any armed forces provision. (6) In subsections (4) and (5) “armed forces provision” means— (a) a provision of or made under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006, (b) an amendment, modification or repeal made by this Act of a provision of, or made under, the Armed Forces Act 2006, or (c) an amendment, modification or repeal made by this Act of any other provision, so far as the provision is applied (by whatever words) by or under the Armed Forces Act 2006. (7) In subsection (6) references to this Act include this Act as amended by the Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520).
Propose a change(1) This Act comes into force on 1 December 2020 (referred to in this Act as “the commencement date”). (2) Subsections (4) to (6) of section 407 do not apply to the power conferred by subsection (1). (3) The Sentencing Code has effect in accordance with section 2. (4) Subsection (1) is subject to— (a) section 417 (commencement of amendments of the Code and certain consequential amendments of other Acts), (b) section 418 (commencement of certain amendments of the Armed Forces Act 2006), (c) subsection (5), and (d) subsection (9) (commencement of repeal postponed until repeal of connected provisions comes into force). (5) Regulations under this Act may be made before 1 December 2020, but may not— (a) come into force before that date, or (b) bring a provision into force before that date. (6) An amendment, repeal or revocation made by Schedule 24 (consequential amendments) has effect in accordance with Part 7 of that Schedule. (7) An amendment, repeal or revocation made by Schedule 25 (armed forces) or Schedule 28 or 29 (repeals and revocations), so far as it has effect— (a) in relation to dealing with a person for an offence, or (b) in relation to a sentence passed for an offence, has effect only where the person is convicted of the offence on or after 1 December 2020. (8) But subsection (7) does not apply to the repeal by Schedule 28 of the following provisions— (a) paragraphs 6, 36, 37, 47, 85, 86, 88, 123(2), 136, 186(2), 197(b), 200 and 205 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000; (b) paragraphs 21(3), 26 and 64(6) of Schedule 32 to the Criminal Justice Act 2003; (c) paragraph 100 of Schedule 4 to the Criminal Justice and Immigration Act 2008. (9) The repeal in Schedule 28 relating to the Powers of Criminal Courts (Sentencing) Act 2000, so far as it relates to section 159 of that Act (execution of process between England and Wales and Scotland) as it applies to process issued under Schedule 5 to that Act (breach of attendance centre order), comes into force at the same time as the repeal of that Schedule by section 6(1) of the Criminal Justice and Immigration Act 2008.
Propose a change(1) Schedule 22 comes into force in accordance with regulations made by the Secretary of State, subject to the following. Abolition of detention in a young offender institution and custody for life (2) Paragraphs 65 and 68 come into force at the same time as paragraph 44. (3) The following provisions come into force at the same time as section 61 of the Criminal Justice and Courts Services Act 2000 (abolition of sentences of detention in a young offender institution)— (a) paragraphs 36 to 38B, 40, 40A 41, 45 and 46; (b) paragraph 47(b); (c) paragraphs 51 , 51A and 52; (d) paragraph 53, so far as it relates to sections 264, 265, 266 to 268C, 273 , 274 and 274A; (e) paragraphs 54 to 64; (f) paragraphs 68A, 69, 70, 72 to 75, 77 and 78; (g) Part 8 of Schedule 22 (amendments of other Acts that are consequential on paragraph (d)). This is subject to subsection (4). (4) If before 1 December 2020 an order has been made under section 80(1) of the Criminal Justice and Court Services Act 2000 in relation to section 61 of that Act, the provisions of Schedule 22 mentioned in subsection (3)— (a) come into force on the commencement date or, if later, the date on which section 61 of the Criminal Justice and Court Services Act 2000 comes into force, and (b) so far as they apply— (i) in relation to dealing with a person for an offence, or (ii) in relation to a sentence passed for an offence, have effect only where the person is convicted of the offence on or after the commencement date. Paragraph (b) is subject to section 1 of the Sentencing (Pre-consolidation Amendments) Act 2020 (read with any provision that may be made under it). Other provisions of Schedule 22 (5) Paragraph 11 (consequences for imposition of youth rehabilitation order of failure to comply with pre-sentence drug testing order) comes into force at the same time as paragraph 1 (pre-sentence drug testing). (6) Paragraphs 21 and 22 (provisions applicable only where community order can be made in respect of offence not punishable with imprisonment) come into force at the same time as paragraph 13 (community order available for offence not punishable with imprisonment in case of wilful and persistent offender). (7) Paragraph 28 (repeal of temporary provision resulting from paragraph 27) comes into force 2 years after paragraph 27 (detention and training orders: offenders aged under 12), and has effect only in relation to an offence of which the offender is convicted after paragraph 28 comes into force. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) Part 6 of Schedule 22 (which makes amendments in consequence of the United Kingdom's withdrawal from the EU) comes into force on IP completion day ....
Propose a change(1) Schedule 26 (further amendments of the Armed Forces Act 2006) comes into force as follows. (2) Paragraphs 2(a), 3(a), 4(a), 5(a), 6 to 11, 12(1)(a) to (d), (dc) to (f) and (2)(a), 13, 14(a) and (b) to (d), 15 and 16 to 23 and 24(c) (and paragraph 1 so far as it relates to them) come into force at the same time as section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution). (3) Subsection (4) of section 417 applies to the provisions of Schedule 26 mentioned in subsection (2) as it applies to the provisions of Schedule 22 mentioned in subsection (3) of that section. (4) Paragraphs 2(b), 3(b), 4(b), 5(b) and 24(a) and 24(b) (and paragraph 1 so far as it relates to them) come into force at the same time as paragraph 24 of Schedule 22 (increase in magistrates' court's power to impose imprisonment etc). (4A) Paragraphs 12(1)(da) and (db) and (2)(b), 14(aa) and (ab), 15A, 15B and 26 (and paragraph 1 so far as it relates to them) come into force on IP completion day, or, if later, on the commencement date. (5) Paragraph 25 (and paragraph 1 so far as it relates to it) comes into force at the same time as section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences), but only in relation to offences committed after that time.
Propose a change(1) The Secretary of State may, in connection with the coming into force of an amendment or repeal made by Schedule 22 or under Schedule 23, by regulations amend this Act to secure that— (a) the Act specifies the purposes for which, or the cases in which, the amendment or repeal has effect; (b) so far as practicable, any provision of the Act which, as a result of the amendment or repeal, is to continue to have effect only for particular purposes or in particular cases remains in place instead of having effect by virtue of transitional, transitory or saving provision. (2) The regulations may make consequential amendments to any enactment. (3) Subsections (4) and (5) of section 104 of the Deregulation Act 2015 (restrictions on power to spell out dates described in legislation) apply to regulations under this section as they apply to an order under that section. (4) Subsections (4) and (6) of section 407 do not apply to the power conferred by this section. (5) In this section “enactment” includes an enactment contained in subordinate legislation.
Propose a changeThis Act may be cited as the Sentencing Act 2020.
Propose a changeSection 69 Terrorism Act 2000 1 An offence under any of the following provisions of the Terrorism Act 2000— (a) section 11 (membership of a proscribed organisation); (b) section 12 (inviting or expressing support for a proscribed organisation); (c) section 15 (fund-raising); (d) section 16 (use of money or property for terrorist purposes); (e) section 17 (involvement in terrorist funding arrangements); (f) section 17A (insuring payments made in response to terrorist threats); (g) section 18 (laundering of terrorist property); (h) section 19 (failure to disclose professional belief or suspicion about terrorist offences); (i) section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences); (j) section 38B (failure to disclose information about acts of terrorism); (k) section 39 (disclosure of information prejudicial to a terrorist investigation etc); (l) section 54 (weapons training); (m) section 56 (directing a terrorist organisation); (n) section 57 (possession of article for terrorist purposes); (o) section 58 (collection of information likely to be of use to a terrorist); (p) section 58A (publishing information about members of the armed forces etc); (q) section 58B (entering or remaining in a designated area); (r) section 59 (inciting terrorism overseas). Anti-terrorism, Crime and Security Act 2001 2 An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate). Terrorism Act 2006 3 An offence under any of the following provisions of the Terrorism Act 2006— (a) section 1 (encouragement of terrorism); (b) section 2 (dissemination of terrorist publications); (c) section 5 (preparation of terrorist acts); (d) section 6 (training for terrorism); (e) section 8 (attendance at a place used for terrorist training); (f) section 9 (making or possession of radioactive device or material); (g) section 10 (misuse of radioactive device or material for terrorist purposes etc); (h) section 11 (terrorist threats relating to radioactive devices etc). Counter-Terrorism Act 2008 4 (1) An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc). (2) An offence under paragraph 15 of Schedule 5 to that Act (breach of foreign travel restriction order) of which a person is convicted on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force. Terrorism Prevention and Investigation Measures 2011 5 An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures). Counter-Terrorism and Security Act 2015 6 An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order). Inchoate offences 7 An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Schedule.
Propose a changeSection 69 Common law offences 1 Murder. 2 Manslaughter. 3 Kidnapping. Statutory offences 4 An offence under any of the following provisions of the Offences against the Person Act 1861— (a) section 4 (soliciting murder); (b) section 18 (wounding with intent); (c) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm); (d) section 28 (causing bodily injury by explosives); (e) section 29 (using explosives etc with intent to do grievous bodily harm); (f) section 30 (placing explosives with intent to do bodily injury); (g) section 64 (making or having gunpowder etc with intent to commit or enable any person to commit any felony mentioned in the Act). 5 An offence under any of the following provisions of the Explosive Substances Act 1883— (a) section 2 (causing explosion likely to endanger life or property); (b) section 3 (attempt to cause explosion or making or keeping explosive with intent to endanger life or property); (c) section 4 (making or possession of explosive under suspicious circumstances); (d) section 5 (punishment of accessories). 6 An offence under section 1 of the Biological Weapons Act 1974 (restriction on development etc of certain biological agents and toxins and of biological weapons). 7 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking). 8 An offence under any of the following provisions of the Aviation Security Act 1982— (a) section 1 (hijacking); (b) section 2 (destroying, damaging or endangering safety of aircraft); (c) section 3 (other acts endangering or likely to endanger safety of aircraft); (d) section 4 (offences in relation to certain dangerous articles); (e) section 6(2) (inducing or assisting commission of offence under section 1, 2 or 3 outside the United Kingdom). 9 An offence under any of the following provisions of the Nuclear Material (Offences) Act 1983— (a) section 1B (offences relating to damage to the environment); (b) section 1C (offences of importing or exporting etc nuclear materials: extended jurisdiction); (c) section 2 (offences involving preparatory acts and threats).... 10 An offence under any of the following provisions of the Aviation and Maritime Security Act 1990— (a) section 1 (endangering safety at aerodromes); (b) section 9 (hijacking of ships); (c) section 10 (seizing or exercising control of fixed platforms); (d) section 11 (destroying ships or fixed platforms or endangering their safety); (e) section 14(4) (inducing or assisting the commission of an offence outside the United Kingdom), so far as relating to an offence under section 9 or 11 of that Act. 11 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences against the safety of channel tunnel trains and the tunnel system). 12 An offence under either of the following provisions of the Chemical Weapons Act 1996— (a) section 2 (use etc of chemical weapons); (b) section 11 (premises or equipment for producing chemical weapons). 13 An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001— (a) section 47 (use etc of nuclear weapons); (b) section 114 (hoaxes involving noxious substances or things). Ancillary offences 14 An inchoate offence in relation to an offence specified in paragraphs 1 to 13.
Propose a changeSection 81 Application of Schedule 1 This Schedule applies where an order for conditional discharge has been made in respect of an offence (“the original offence”). Orders made on appeal 2 If the order for conditional discharge was made on appeal, for the purposes of this Schedule it is to be taken— (a) if it was made on an appeal from a magistrates' court, to have been made by that magistrates' court; (b) if it was made on an appeal— (i) from the Crown Court, or (ii) from the Court of Appeal, to have been made by the Crown Court. Issue of summons or warrant by justice of the peace 3 (1) This paragraph applies where— (a) the order for conditional discharge was made by a magistrates' court, and (b) it appears to a justice of the peace on information that the offender— (i) has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and (ii) has been dealt with in respect of that offence. (2) The justice may— (a) issue a summons requiring the offender to appear at the place and time specified in it, or (b) if the information is in writing and on oath, issue a warrant for the offender's arrest. (3) A summons or warrant issued under this paragraph must direct the offender to appear or to be brought before the court which made the order for conditional discharge. Issue of summons or warrant by Crown Court 4 (1) This paragraph applies where— (a) the order for conditional discharge was made by the Crown Court, and (b) it appears to the Crown Court that the offender— (i) has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and (ii) has been dealt with in respect of that offence. (2) The Crown Court may issue— (a) a summons requiring the offender to appear at the place and time specified in it, or (b) a warrant for the offender's arrest. (3) A summons or warrant issued under this paragraph must direct the offender to appear or to be brought before the Crown Court. Power of magistrates' court convicting offender of further offence 5 (1) This paragraph applies where the offender is convicted by a magistrates' court (“the convicting court”) of an offence committed during the period of conditional discharge. (2) If the order for conditional discharge was made by the convicting court, that court may re-sentence the offender for the original offence. (3) If the order for conditional discharge was made by another magistrates' court, the convicting court may, with the consent of the court which made the order, re-sentence the offender for the original offence. (4) If the order for conditional discharge was made by the Crown Court, the convicting court— (a) may commit the offender in custody or on bail to the Crown Court, and (b) if it does so, must send the Crown Court a copy of the minute or memorandum of the conviction entered in the register, signed by the designated officer by whom the register is kept. (5) In sub-paragraph (4), the “register” means the register of proceedings before a magistrates' court required by the Criminal Procedure Rules to be kept by the designated officer of the court. (6) For powers of the convicting court, where it commits a person under sub-paragraph (4), to commit a person to the Crown Court in respect of other offences, see section 20. Conviction of further offence by another court: power of magistrates' court which made order 6 (1) This paragraph applies where— (a) the order for conditional discharge was made by a magistrates' court (“the original court”), (b) it is proved to the satisfaction of the original court that the offender has been convicted by another court in Great Britain of an offence committed during the period of conditional discharge. (2) The original court may re-sentence the offender for the original offence. Powers of Crown Court with respect to original offence following subsequent conviction 7 (1) Sub-paragraph (2) applies where— (a) the offender— (i) is convicted before the Crown Court of an offence committed during the period of conditional discharge, or (ii) is brought or appears before the Crown Court having been committed by a magistrates' court for sentence in respect of any such offence, or (b) the order for conditional discharge was made by the Crown Court and it is proved to the satisfaction of the Crown Court that the offender has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge. (2) The Crown Court may re-sentence the offender for the original offence. (3) Any question under this paragraph whether the offender has been convicted of an offence committed during the period of conditional discharge is to be determined by the court and not by the verdict of a jury. (4) Where the offender is committed to the Crown Court under sub-paragraph (4) of paragraph 5, any duty or power which, apart from this sub-paragraph, would fall to be discharged or exercised by the convicting court (within the meaning of that paragraph)— (a) is not to be discharged or exercised by that court, but (b) is instead to be discharged or may instead be exercised by the Crown Court. This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (certain duties relating to information).
Propose a changeSection 96 1 This Schedule applies to a programme of behaviour agreed between an offender and a youth offender panel under section 96. 2 The programme may, in particular, include requiring the offender to— (a) make financial or other reparation to any victim; (b) attend mediation sessions with any victim; (c) carry out unpaid work or service in or for the community; (d) be at home at times specified in or determined under the programme; (e) attend a school or other educational establishment or a place of work; (f) participate in activities specified in the programme; (g) meet persons specified in the programme at times and places specified in or determined under the programme; (h) stay away from places specified in the programme; (i) stay away from persons specified in the programme. This is subject to paragraphs 5 and 6. 3 The programme may include provision for the offender's compliance with the programme to be supervised and recorded. 4 Activities that may be specified by virtue of paragraph 2(f) include, in particular, activities— (a) designed to address the offending behaviour, (b) offering education or training, or (c) assisting with the rehabilitation of persons dependent on, or having a propensity to misuse, alcohol or drugs. 5 The programme may not provide for— (a) electronic monitoring of the offender's whereabouts, or (b) any physical restriction to be imposed on the offender's movements. 6 No term which provides for anything to be done to or with any victim may be included in the programme without the victim's consent. 7 In this Schedule “victim” means any person who appears to the panel to be a victim of, or otherwise affected by, the offence or any of the offences for which the offender was referred to the panel.
Propose a changeSection 104 PART 1 Referral back to court for further proceedings Introductory 1 This Part of this Schedule applies where a youth offender panel refers an offender back to court under Chapter 1 of Part 6 (referral orders). Mode of referral back to court 2 To make the referral, the panel must send a report to the appropriate court explaining why the offender is being referred back to court. Bringing the offender before the court 3 (1) Where the appropriate court receives a report under paragraph 2, the court must cause the offender to appear before it. (2) For that purpose, a justice acting in the same local justice area as the appropriate court may— (a) issue a summons requiring the offender to appear before the appropriate court at the place and time specified in the summons, or (b) if the report is substantiated on oath, issue a warrant for the offender's arrest which requires the offender to be brought before the appropriate court. Detention and remand of arrested offender 4 (1) This paragraph applies where an offender— (a) is arrested under a warrant issued under paragraph 3(2), and (b) cannot immediately be brought before the appropriate court. (2) The person in whose custody the offender is— (a) may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and (b) must, within that period, bring the offender before a youth court (or, if the offender is aged 18 or over, a magistrates' court other than a youth court). (3) A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained. 5 (1) This paragraph applies where the court before which the offender is brought under paragraph 4(2) (“the alternative court”) is not the appropriate court. (2) The alternative court may— (a) direct that the offender is to be released immediately, or (b) remand the offender. (3) Section 128 of the Magistrates' Courts Act 1980 (remand in custody or on bail) applies as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the appropriate court. (4) If the offender is aged under 18, any power conferred by that section to remand the offender in custody includes a power to remand the offender to accommodation provided by or on behalf of a local authority. (5) If a court remands the offender to accommodation provided by or on behalf of a local authority, it 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 or will reside. Powers of court on referral back 6 Paragraphs 7 to 10 apply where the offender was referred back to court under— (a) section 92(3) (offender's failure to attend panel meeting); (b) section 98(3) (no prospect of agreement on youth offender contract); (c) section 98(4) (unreasonable failure to sign record of agreement); (d) section 100(3) (breach of contract); (e) section 100(6) (unreasonable failure to sign record of variation); (f) section 100(8) (change of circumstances); (g) section 101(5) (final meeting: order not discharged); (h) section 102(2) (panel requesting revocation of order). Power of court where it upholds panel's decision 7 (1) Sub-paragraph (2) applies where the appropriate court is satisfied, for any decision of the youth offender panel which resulted in the referral back to court, that— (a) so far as the decision relied on any finding of fact by the youth offender panel, the panel was entitled to make that finding in the circumstances, and (b) so far as the decision involved any exercise of discretion by the youth offender panel, the panel reasonably exercised that discretion in the circumstances. (2) The court may revoke the referral order (or each of the referral orders). (3) Revocation of an order under sub-paragraph (2) has the effect of revoking any related order under paragraph 9(2), 12 or 15 (extension of compliance period). (4) Where an order is revoked under sub-paragraph (2) or by virtue of sub-paragraph (3), the appropriate court may re-sentence the offender for the offence in respect of which the revoked order was made (but assuming that a referral order is not available). (5) In re-sentencing the offender under sub-paragraph (4), the appropriate court must take into account— (a) the circumstances of the offender's referral back to the court, and (b) where a youth offender contract has taken effect between the offender and the panel, the extent of the offender's compliance with the contract. (6) A power under sub-paragraph (2) or (4)— (a) may not be exercised unless the offender is before the appropriate court, and (b) is not affected by the expiry of the compliance period (whether before or after the offender was referred back to court), in a case where a youth offender contract has taken effect. Appeal 8 An offender re-sentenced under paragraph 7(4) for an offence may appeal to the Crown Court against the sentence. Power of court to impose fine or extend period for which contract has effect 9 (1) This paragraph applies where— (a) the reference back to court was made under— (i) section 92(3) (offender's failure to attend panel meeting), (ii) section 100(3) (breach of contract), or (iii) section 101(5) (final meeting: order not discharged), (b) the offender is before the appropriate court, (c) the appropriate court is satisfied that the offender has failed without reasonable excuse to comply with a youth offender contract which has taken effect between the offender and a youth offender panel, and (d) the appropriate court does not revoke the order under paragraph 7. (2) The appropriate court may make an order extending the length of the compliance period, but— (a) not to more than 12 months, and (b) not if the compliance period has already expired. (3) The court may order the offender to pay a fine of an amount not exceeding £2,500. (4) Expiry of the compliance period (whether before or after the offender was referred back to court) does not affect the power to impose a fine under sub-paragraph (3). (5) A fine imposed under sub-paragraph (3) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction. Consequences of court not revoking referral order or orders 10 (1) This paragraph applies where, having considered the matters in sub-paragraph (1) of paragraph 7, the appropriate court does not revoke the referral order (or orders) to which the offender is subject. (2) The offender remains subject to the referral order (or orders) in all respects as if the referral back to court had not occurred (subject to any order under paragraph 9(2) (extension of compliance period)). (3) But if— (a) a youth offender contract has taken effect in pursuance of the referral order (or orders), (b) the compliance period has expired, and (c) the referral order (or each of the referral orders) has not been revoked, the court must make an order declaring that the referral order (or each of the referral orders) is discharged. (4) An order under sub-paragraph (3) has the effect of discharging any related order under paragraph 9(2), 12 or 15 (extension of compliance period). Exception where court satisfied as to completion of contract 11 (1) This paragraph applies where— (a) the reference back to court was made under section 101(5) (final meeting: order not discharged), and (b) the court decides (contrary to the decision of the panel) that the offender's compliance with the youth offender contract has, or will by the end of the compliance period have, been such as to justify the conclusion that the offender has, or will have, satisfactorily completed the youth offender contract. (2) The court must make an order declaring that the referral order (or each of the referral orders) is discharged. (3) An order under sub-paragraph (2) has the effect of discharging any related order under paragraph 9(2), 12 or 15 (extension of compliance period). Referral back for extension of compliance period 12 (1) This paragraph applies where— (a) the reference back to court was made under section 103(2) (request for extension of compliance period), (b) the youth offender contract has taken effect and the compliance period has not expired, and (c) the offender is before the appropriate court. (2) If 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 contract took effect, it may make an order extending the length of the compliance period but— (a) not by more than 3 months, and (b) not to more than 12 months. (3) When deciding whether to make an order under sub-paragraph (2), the court must take into account the extent of the offender's compliance with the contract. Power to adjourn hearing and remand offender 13 (1) This paragraph applies where a youth court or other magistrates' court holds a hearing in proceedings under this Part of this Schedule. (2) The court may adjourn the hearing. (3) Where the court adjourns the hearing under sub-paragraph (2), it may— (a) direct that the offender be released immediately, or (b) remand the offender. (4) Where the court remands the offender under sub-paragraph (3)— (a) it must fix the time and place at which the hearing is to be resumed, and (b) the remand must require the offender to be brought before the court at that time and place. (5) Where the court adjourns the hearing under sub-paragraph (2), but does not remand the offender— (a) it may fix the time and place at which the hearing is to be resumed, but (b) if it does not do so, it must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place for the resumed hearing— (i) the offender, (ii) if the offender is aged under 14, a parent or guardian of the offender, and (iii) a member of the specified youth offending team. (6) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980. (7) This paragraph— (a) applies to any hearing in proceedings under this Part of this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment 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. PART 2 Further convictions during referral Introductory 14 This Part of this Schedule applies where— (a) a referral order has been made in respect of an offender and has not been discharged or revoked, (b) the offender is aged under 18, and (c) a court is dealing with the offender for an offence (“the new offence”). Power of magistrates' court to deal with further offence by extending compliance period 15 (1) This paragraph applies if the court dealing with the offender for the new offence is a youth court or other magistrates' court. (2) An order under this paragraph is available in respect of the new offence if neither the new offence nor any offence connected with it is one the sentence for which is fixed by law. (3) The court may sentence the offender for the new offence by making an order extending the length of the compliance period, but not to more than 12 months. Supplementary 16 (1) This paragraph applies where a court makes an order under paragraph 15 in respect of the new offence. (2) The court must not deal with the offender for the new offence, or any offence connected with it, by making an order of the kind mentioned in section 89(3) (orders not available where court makes referral order). (3) In respect of any offence connected with the new offence, the court must make— (a) an order under paragraph 15, or (b) an order for absolute discharge. Further convictions: power of any court to revoke referral orders 17 (1) This paragraph applies where, in dealing with the offender for the new offence, the court makes an order other than— (a) an order under paragraph 15, or (b) an order for absolute discharge or an order for conditional discharge. (2) If it appears to the court to be in the interests of justice to do so, the court— (a) may revoke the referral order (or any one or more of the referral orders), and (b) if it revokes a referral order, may re-sentence the offender for the offence in respect of which the revoked order was made (but assuming that a referral order is not available). (3) Revocation of a referral order under sub-paragraph (2) has the effect of revoking any related order under paragraph 9(2), 12 or 15 (extension of compliance period). (4) When re-sentencing the offender under sub-paragraph (2)(b), if a youth offender contract has taken effect between the offender and the panel, the court must take into account the extent of the offender's compliance with the contract. (5) For the purposes of this paragraph it does not matter whether the new offence was committed before or after the offender was referred to the panel.
Propose a changeSection 115 PART 1 Breach of reparation order Application to court 1 (1) This Part of this Schedule applies where— (a) a reparation order is in force in respect of an offender, and (b) the responsible officer makes an application to the appropriate court under this paragraph for it to exercise its powers under paragraph 2. (2) In this paragraph “appropriate court” means— (a) if the offender is aged under 18, a youth court acting in the relevant local justice area, and (b) if the offender is aged 18 or over, a magistrates' court (other than a youth court) acting in that local justice area. (3) In sub-paragraph (2) “relevant local justice area” means— (a) the local justice area in which the offender resides, or (b) if it is not known where the offender resides, the offender's home local justice area. (4) Where the responsible officer makes an application to the appropriate court under this paragraph, the officer may bring the offender before the court. Powers of appropriate court 2 (1) This paragraph applies if it is proved to the satisfaction of the appropriate court that the offender has breached any requirement of the reparation order. (2) The appropriate court— (a) may order the offender to pay a fine of an amount not exceeding £1,000; (b) if the reparation order was made by a magistrates' court, may revoke the order and re-sentence the offender for the offence in respect of which the order was made, or (c) if the reparation order was made by the Crown Court, may— (i) commit the offender to custody, or (ii) release the offender on bail, until the offender can be brought or appear before the Crown Court. (3) Where the appropriate court deals with the offender's case under sub-paragraph (2)(c) it must send the Crown Court a certificate signed by a justice of the peace giving— (a) particulars of the offender's failure to comply with the requirement in question, and (b) such other particulars of the case as may be desirable; and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court. (4) The appropriate court may not make an order under this paragraph unless the offender is before the court. (5) For powers to issue a summons or warrant to secure the offender's attendance, see paragraph 6. (6) In dealing with the offender under this paragraph the appropriate court must take into account the extent to which the offender has complied with the requirements of the reparation order. (7) A fine imposed under this paragraph is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction. (8) Where— (a) the offender is aged under 18, and (b) but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(a), section 380 (order for payment by parent or guardian) applies to the fine. Powers of Crown Court 3 (1) This paragraph applies where— (a) by virtue of paragraph 2(2)(c) the offender is brought or appears before the Crown Court, and (b) it is proved to the satisfaction of that court that the offender has breached the requirement in question. (2) The Crown Court may re-sentence the offender for the offence in respect of which the reparation order was made. (3) Where the Crown Court deals with the offender under sub-paragraph (2), it must revoke the reparation order if it is still in force. (4) In dealing with an offender under this paragraph the court must take into account the extent to which the offender has complied with the requirements of the reparation order. (5) The appropriate court may not make an order under this paragraph unless the offender is before the court. (6) For powers to issue a summons or warrant to secure the offender's attendance, see paragraph 6. (7) In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the reparation order is to be determined by the court and not by the verdict of a jury. Orders made on appeal 4 A reparation order made on appeal is to be taken, for the purposes of this Part of this Schedule— (a) if it was made on an appeal from a magistrates' court, to have been made by that magistrates' court; (b) if it was made on an appeal— (i) from the Crown Court, or (ii) from the Court of Appeal, to have been made by the Crown Court. PART 2 Revocation and amendment of reparation order 5 (1) This paragraph applies where— (a) a reparation order is in force in respect of an offender, and (b) the offender or the responsible officer makes an application to the relevant court under this paragraph. (2) In this paragraph “the relevant court” means— (a) a youth court acting in the offender's home local justice area, or (b) in the case of an application made both under this paragraph and under paragraph 1, the appropriate court (as defined in that paragraph). (3) Where the responsible officer makes an application to a court under this paragraph, the responsible officer may bring the offender before the court. But this is subject to paragraph 6. (4) If it appears to the relevant court that it is appropriate to make an order under this sub-paragraph, the court may— (a) make an order revoking the reparation order, or (b) make an order amending it— (i) by cancelling any provision included in it, or (ii) by inserting in it (either in addition to or in substitution for any of its provisions) any provision which it could include in a reparation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence. (5) In this paragraph— “relevant offence” means the offence in respect of which the reparation order was made, and the “relevant assumptions” are that— the offender has just been convicted by the relevant court of the relevant offence, and the offender is the same age as when in fact convicted of that offence. (6) Unless the offender is before it, the relevant court may not amend the reparation order under this paragraph, except to— (a) cancel a requirement included in the order, (b) substitute a new local justice area for the offender's home local justice area specified in the order, or (c) change the responsible officer. (7) Where an application under this paragraph for the revocation of a reparation order is dismissed, no-one may make a further application for its revocation under this paragraph except with the consent of the relevant court. PART 3 Supplementary Issue of summons or warrant 6 (1) This paragraph applies where an application is made under paragraph 1 or 5. (2) For the purpose of securing the attendance of the offender before it, the court to which the application is made may issue a summons. (3) If— (a) the offender fails to appear in court in answer to the summons, and (b) it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed by rules of court, that the summons— (i) could not be served, or (ii) was served on the offender within what appears to the court to be a reasonable time before the hearing, the court may issue a warrant. (4) This paragraph does not affect any other power to issue a summons or warrant. Warrants 7 (1) This paragraph applies where an offender— (a) is arrested under a warrant issued under paragraph 6, and (b) cannot immediately be brought before the court before which the warrant directs the offender to be brought (“the relevant court”). (2) The person in whose custody the offender is— (a) may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and (b) must, within that period, bring the offender before a youth court or, if the offender is aged 18 or over, a magistrates’ court other than a youth court. (3) A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained. 8 (1) Where the court before which the offender is brought under paragraph 7(2) (“the alternative court”) is not the relevant court, the alternative court may— (a) direct that the offender be released forthwith, or (b) remand the offender. (2) If the offender is aged under 18, the power in sub-paragraph (1)(b) is a power to remand the offender to accommodation provided by or on behalf of a local authority. (3) Where a court remands an offender under this paragraph to accommodation provided by or on behalf of a local authority, it must designate the local authority which is to receive the offender. (4) The designated authority must be— (a) the local authority for the area in which the offender resides, or (b) if it appears to the court that the offender does not reside in the area of a local authority, must be a local authority in whose area the offence or an associated offence was committed. Power to adjourn hearing and remand offender 9 (1) This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates’ court in any proceedings under this Schedule. (2) The court may adjourn the hearing. (3) Where it adjourns the hearing under sub-paragraph (2), it may— (a) direct that the offender be released forthwith, or (b) remand the offender. (4) Where the court remands the offender under sub-paragraph (3)— (a) it must fix the time and place at which the hearing is to be resumed, and (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 remand. (5) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender— (a) it may fix the time and place at which the hearing is to be resumed, but (b) if it does not do so, it must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place for the resumed hearing— (i) the offender, (ii) if the offender is aged under 14, a parent or guardian of the offender, and (iii) the responsible officer. (6) The powers of a magistrates’ court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980. (7) This paragraph— (a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment 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. Appeals 10 The offender may appeal to the Crown Court against— (a) any order made under paragraph 2(1) (order made by appropriate court on breach of reparation order), (b) any order made under paragraph 5(4)(b) (amendment of order), other than an order which only does one or more of the following— (i) cancels a requirement included in the order, (ii) substitutes a new local justice area for the offender's home local justice area specified in the order, or (iii) changes the responsible officer, or (c) the dismissal of an application under paragraph 5 to revoke a reparation order.
Propose a changeSection 173 PART 1 Activity requirement Activity requirement: types of requirement 1 (1) In this Code “activity requirement”, in relation to a youth rehabilitation order, is a requirement consisting of one or more of the following— (a) a specified place obligation (see paragraph 3), (b) a specified activities obligation (see paragraph 4), (c) a specified residential exercise obligation (see paragraph 5), (d) an obligation under paragraph 6 to engage in activities as instructed by the responsible officer. (2) A youth rehabilitation order that imposes an activity requirement may specify— (a) obligations of more than one of those kinds, or (b) more than one obligation of any of those kinds. (3) The aggregate number of days specified in a youth rehabilitation order under paragraphs 3, 4, 5 and 6 must not exceed 90 unless the activity requirement is an extended activity requirement (see paragraph 2). Extended activity requirement 2 (1) An extended activity requirement is an activity requirement for which the aggregate number of days specified in the youth rehabilitation order under paragraphs 3, 4, 5 and 6 is greater than 90. (2) Where a youth rehabilitation order imposes an extended activity requirement, the aggregate number of days specified in the order under those paragraphs must not exceed 180 the relevant number. (2A) In sub-paragraph (2) “the relevant number” means— (a) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 17 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 first came into force to any extent, 180 days, and (b) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted on or after that day, 365 days. (3) For restrictions on making a youth rehabilitation order with intensive supervision and surveillance (and, accordingly, on imposing an extended activity requirement), see section 180 (as well as sections 175 and 178 (requirements and availability relating to youth rehabilitation orders with intensive supervision and surveillance)). Activity requirement: specified place obligation 3 (1) For each specified place obligation that it imposes, a youth rehabilitation order must specify— (a) a number of days, (b) a place or places, and (c) for each place specified, the description of person to whom the offender is required to present himself or herself. (2) The obligation requires the offender, in accordance with instructions of the responsible officer, on the specified number of days— (a) to present himself or herself at a specified place to a person of the specified description, and (b) while there, to participate in activities and comply with instructions given by, or under the authority of, the person in charge of the place. Activity requirement: specified activities obligation 4 (1) For each specified activities obligation that it imposes, a youth rehabilitation order must specify— (a) a number of days, and (b) an activity or activities. (2) The obligation requires the offender, in accordance with instructions of the responsible officer, on the specified number of days— (a) to participate in a specified activity, and (b) to comply with instructions given by, or under the authority of, the person in charge of the activity. (3) An activity specified under this paragraph may be one whose purpose is reparation, such as an activity involving contact between an offender and persons affected by the offending concerned. Activity requirement: specified residential exercise obligation 5 (1) For each specified residential exercise obligation that it imposes, a youth rehabilitation order must specify— (a) a number of days, and (b) a place or activity. (2) The obligation requires the offender, in accordance with the instructions of the responsible officer— (a) if a place is specified under sub-paragraph (1)(b)— (i) to present himself or herself at that place to a person of a description specified in the instructions, (ii) to reside there for a period consisting of the specified number of days, and (iii) during that period, to comply with instructions given by, or under the authority of, the person in charge of that place; (b) if an activity is specified under sub-paragraph (1)(b)— (i) to participate in that activity for a period consisting of the specified number of days, and (ii) during that period, to comply with instructions given by or under the authority of, the person in charge of the activity. Activity requirement: obligation to engage in activities as instructed by responsible officer 6 (1) A youth rehabilitation order that imposes an obligation under this paragraph— (a) must specify a number of days, and (b) may permit the responsible officer to give instructions in accordance with this paragraph requiring the offender to participate in a residential exercise. (2) The obligation requires the offender to engage in activities in accordance with instructions of the responsible officer on that number of days. (3) For each of those days, instructions of the responsible officer must require the offender— (a) to present himself or herself to a person or persons of a description specified in the instructions at a place so specified, or (b) to participate in an activity specified in the instructions. (4) On each of those days, or while participating in any such activity, the offender is required to comply with instructions given by, or under the authority of, the person in charge of the place or the activity. (5) An activity specified in instructions under this paragraph may be one whose purpose is reparation, such as an activity involving contact between an offender and persons affected by the offending concerned. (6) Sub-paragraphs (7) to (9) apply where under sub-paragraph (1)(b) the youth rehabilitation order permits the responsible officer to give instructions requiring the offender to participate in a residential exercise. (7) Instructions given by the responsible officer may require the offender to participate in a residential exercise for the period specified in the instructions, and for that purpose— (a) to present himself or herself to a person of a description specified in the instructions at a place so specified at the beginning of that period and to reside there for that period, or (b) to participate for that period in an activity specified in the instructions. (8) But instructions requiring the offender to participate in a residential exercise— (a) may not require the offender to participate in such an exercise for a period of more than 7 days; (b) may not be given except with the consent of a parent or guardian of the offender. (9) Where the responsible officer gives instructions requiring the offender to participate in a residential exercise, the offender is required to comply with instructions given by, or under the authority of, the person in charge of the place or activity specified in the responsible officer's instructions. Activity requirement: general provisions 7 Instructions given by, or under the authority of, a person in charge of any place under any of the following provisions— (a) paragraph 3(2)(b) (specified place obligation), (b) paragraph 5(2)(a)(iii) (residential exercise obligation), (c) paragraph 6(4) (obligation at place specified by responsible officer), or (d) paragraph 6(9) (residential exercise at place specified by responsible officer), may require the offender to engage in activities otherwise than at that place. Restrictions on imposing an activity requirement 8 A court may not include an activity requirement in a youth rehabilitation order unless— (a) the court has consulted— (i) a member of a youth offending team, or (ii) an officer of a provider of probation services, and is satisfied that it is feasible to secure compliance with the requirement, (b) the court is satisfied that provision can be made for the offender to participate in the activities that it proposes to specify in the order 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, and (c) if compliance with the requirement would require the co-operation of a person other than the offender and the responsible officer, that other person consents to its inclusion. PART 2 Supervision requirement Supervision requirement 9 In this Code “supervision requirement”, in relation to a youth rehabilitation order, means a requirement that, while the order is in force, the offender must attend appointments with— (a) the responsible officer, or (b) another person determined by the responsible officer, at times and places determined by the responsible officer. PART 3 Unpaid work requirement Requirement 10 (1) In this Code “unpaid work requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must perform unpaid work in accordance with the instructions of the responsible officer as to— (a) the work to be performed, and (b) the times, during a period of 12 months, at which the offender is to perform it. (2) The order must specify the number of hours which the offender may be required to work under the requirement. (3) That number must be in aggregate— (a) not less than 40, and (b) not more than 240. (4) Sub-paragraphs (1)(b) and (3) are subject to paragraphs 10(7) and 19 of Schedule 7 (which make provision for different limits where an unpaid work requirement is imposed or amended in further proceedings). Restriction on imposing an unpaid work requirement 11 (1) A court may not impose an unpaid work requirement in respect of an offender unless it is satisfied— (a) that the offender is a suitable person to perform work under an unpaid work requirement, and (b) 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 justice area in which the offender resides or is to reside. (2) In making a decision under sub-paragraph (1)(a) the court must (if it considers it necessary) hear— (a) a member of a youth offending team, or (b) an officer of a provider of probation services. PART 4 Programme requirement Programme requirement 12 (1) In this Code “programme requirement”, in relation to a youth rehabilitation order, means a requirement for the offender to participate in a particular systematic set of activities (a “programme”), which may have a residential component. (2) A youth rehabilitation order which imposes a programme requirement must specify— (a) the programme, (b) the place or places at which the offender is required to participate in it, (c) the number of days on which the offender is required to participate in it, and (d) if the programme has a residential component— (i) the place where the offender is required to reside for the purposes of the residential component, and (ii) the period for which the offender is required to reside there. (3) For the purposes of this paragraph, a programme has “a residential component” if it is necessary to reside at a particular place for a particular period in order to participate in the programme. (4) A programme requirement operates to require the offender, as instructed by the responsible officer— (a) to participate in the programme on the number of days specified in the order at a place specified in the order, and (b) while there, to comply with instructions given by, or under the authority of, the person in charge of the programme. Restrictions on imposing a programme requirement 13 (1) A court may not include a programme requirement in a youth rehabilitation order unless— (a) the programme which the court proposes to specify has been recommended to the court by— (i) a member of a youth offending team, or (ii) an officer of a provider of probation services, as being suitable for the offender, and (b) the court is satisfied that the programme is available at the place or places it proposes to specify. For this purpose, “programme” has the same meaning as in paragraph 12. (2) A court may not include a programme requirement in a youth rehabilitation order if compliance with the requirement would require the co-operation of a person other than the offender and the offender's responsible officer, unless that other person consents to its inclusion. PART 5 Attendance centre requirement Attendance centre requirement 14 (1) In this Code “attendance centre requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must attend at a particular attendance centre for a particular number of hours. (2) A youth rehabilitation order which imposes an attendance centre requirement must specify— (a) the attendance centre, and (b) the aggregate number of hours for which the offender may be required to attend at the attendance centre. (3) That number of hours must be— (a) if the offender is aged 16 or over at the time of conviction— (i) not less than 12, and (ii) not more than 36; (b) if the offender is aged 14 or 15 at the time of conviction— (i) not less than 12, and (ii) not more than 24; (c) if the offender is aged under 14 at the time of conviction, not more than 12. (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 (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) more than once on any day, or (b) for more than 3 hours at a time. (7) A requirement under this paragraph to attend at an attendance centre for any period on any occasion operates as a requirement, during that period, to engage in occupation, or receive instruction, whether at the centre or elsewhere— (a) under the supervision of the officer in charge of the centre, and (b) in accordance with instructions given by, or under the authority of, that officer. Restriction on imposing attendance centre requirement 15 A court may not include an attendance centre requirement in a youth rehabilitation order unless— (a) the court has been notified by the Secretary of State that an attendance centre is available for persons of the offender's description and that provision can be made for the offender there (and the notice has not been withdrawn), and (b) the court is satisfied that the attendance centre which it proposes to specify in the order is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances. PART 6 Prohibited activity requirement Requirement 16 (1) In this Code “prohibited activity requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must refrain from particular activities— (a) on one or more particular days, or (b) for a particular period. (2) Where the court makes a youth rehabilitation order imposing a prohibited activity requirement, the order must specify— (a) the activities from which the offender must refrain; (b) the day or days on which, or the period for which, the offender must refrain from those activities. (3) A prohibited activity requirement may, in particular, include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968. Restriction on imposing prohibited activity requirement 17 A court may not include a prohibited activity requirement in a youth rehabilitation order unless it has consulted— (a) a member of a youth offending team, or (b) an officer of a provider of probation services. PART 7 Curfew requirement Curfew requirement 18 (1) In this Code “curfew requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place. (2) A youth rehabilitation order which imposes a curfew requirement must specify— (a) the curfew periods, and (b) the place at which the offender must remain for each curfew period. (3) Different places or different curfew periods may be specified for different days. (4) The curfew periods must amount to— (a) not less than 2 hours in any day, ... (b) not more than the relevant number of hours in any day , and (c) not more than 112 hours in any period of 7 days beginning with the day of the week on which the requirement first takes effect. (4A) In sub-paragraph (4)(b), “the relevant number of hours”— (a) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted before the day on which paragraph 19 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, means 16 hours, and (b) in relation to a youth rehabilitation order in respect of an offence of which the offender was convicted on or after that day, means 20 hours. (5) The specified curfew periods must fall within the period of 12 months beginning with the day on which the requirement first takes effect. Requirements where court imposes curfew requirement 19 (1) Before making a youth rehabilitation order imposing a curfew requirement, the court must obtain and consider information about each place proposed to be specified under paragraph 18(2)(b). (2) That information must include information as to the attitude of persons likely to be affected by the offender's enforced presence there. (3) Where the court makes a youth rehabilitation order which imposes a curfew requirement it must also impose an electronic monitoring requirement electronic compliance monitoring requirement (see Part 17 of this Schedule) unless— (a) it is prevented from doing so by paragraph 44, or (b) in the particular circumstances of the case, it considers it inappropriate to do so. PART 8 Exclusion requirement Requirement 20 (1) In this Code “exclusion requirement”, in relation to a youth rehabilitation order, means a provision prohibiting the offender from entering a particular place (the “prohibited place”) for a particular period (the “exclusion period”). (2) A youth rehabilitation order which imposes an exclusion requirement must specify— (a) the prohibited place, and (b) the exclusion period. (3) The exclusion period must not be more than 3 months. (4) A youth rehabilitation order may specify— (a) more than one prohibited place; (b) more than one exclusion period; (c) different prohibited places for different exclusion periods or different days. (5) A prohibited place may be an area. Requirement for electronic monitoring where court imposes exclusion requirement 21 Where the court makes a youth rehabilitation order which imposes an exclusion requirement it must also impose an electronic monitoring requirement electronic compliance monitoring requirement (see Part 17 of this Schedule) unless— (a) it is prevented from doing so by paragraph 44, or (b) in the particular circumstances of the case, it considers it inappropriate to do so. PART 9 Residence requirement Requirement 22 (1) In this Code “residence requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the required period”), the offender must— (a) reside with a particular individual, or (b) reside— (i) at a particular place (“the required place”), or (ii) if the order so permits, at the required place or, with the prior approval of the responsible officer, at some other place. (2) A youth rehabilitation order which imposes a residence requirement within sub-paragraph (1)(a) must specify— (a) the required period, and (b) the individual with whom the offender is required to reside. (3) A youth rehabilitation order which imposes a residence requirement within sub-paragraph (1)(b) (a “place of residence requirement”) must specify— (a) the required period, (b) the required place, and (c) if the offender is to be permitted to reside at some other place with the prior approval of the responsible officer, that fact. Imposing a residence requirement: restrictions and requirements 23 (1) A youth rehabilitation order which imposes a residence requirement within paragraph 22(1)(a) may not specify, as the individual with whom the offender is required to reside, an individual who has not consented to the requirement. (2) A court may not include a place of residence requirement in a youth rehabilitation order unless the offender is aged 16 or over at the time of conviction. (3) Before making a youth rehabilitation order containing a place of residence requirement, the court must consider the home surroundings of the offender. (4) A hostel or other institution may not be specified as the required place, except on the recommendation of— (a) a member of a youth offending team, (b) an officer of a provider of probation services, or (c) a social worker of a local authority. (5) In this paragraph, “place of residence requirement” and “the required place” have the same meanings as in paragraph 22. PART 10 Local authority residence requirement Requirement 24 (1) In this Code “local authority residence requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the required period”), the offender must reside in accommodation provided by or on behalf of a particular local authority. (2) A youth rehabilitation order which imposes a local authority residence requirement may also stipulate that the offender is not to reside with a particular person. (3) A youth rehabilitation order which imposes a local authority residence requirement must specify— (a) the required period, (b) the local authority which is to receive the offender, and (c) any person with whom the offender is not to reside by virtue of sub-paragraph (2). (4) The required period must— (a) not be longer than 6 months, and (b) end before the offender reaches the age of 18. (5) The authority specified must be the local authority in whose area the offender resides or is to reside. Restrictions on imposing local authority residence requirement 25 A court may not include a local authority residence requirement in a youth rehabilitation order made in respect of an offence unless the requirements in A to C are met. 1 The court is satisfied that— (a) the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and (b) imposing that requirement would assist in the offender's rehabilitation. 2 The court has consulted— (a) a parent or guardian of the offender (unless it is impracticable to do so), and (b) the local authority which is to receive the offender. 3 The offender was legally represented in court when the court was considering whether to impose the local authority residence requirement, but this does not apply if— (a) representation was made available to the offender for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the offender's conduct, or (b) the offender has been informed of the right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply. For this purpose, “the proceedings” means— the whole proceedings, or the part of the proceedings relating to the imposition of the local authority residence requirement. PART 11 Fostering requirement Requirement 26 (1) In this Code “fostering requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the fostering period”), the offender must reside with a local authority foster parent. (2) A youth rehabilitation order which imposes a fostering requirement must specify— (a) the fostering period, and (b) the local authority which is to place the offender with a local authority foster parent under— (i) section 22C of the Children Act 1989, or (ii) section 81 of the Social Services and Well-being (Wales) Act 2014 (anaw 4). (3) The fostering period— (a) must end no later than the end of the period of 12 months beginning with the day on which the requirement takes effect, and (b) must end before the offender reaches the age of 18. This is subject to paragraphs 10(9) and (10) and 17(5) and (6) of Schedule 7 (substitute fostering requirement). (4) The authority specified must be the local authority in whose area the offender resides or is to reside. (5) Sub-paragraph (6) applies if during the fostering period the responsible officer notifies the offender— (a) that no suitable local authority foster parent is available, and (b) that the responsible officer has applied, or proposes to apply, under Part 3 or 4 of Schedule 7 for the youth rehabilitation order to be amended or revoked. (6) The fostering requirement has effect, until the application is determined, as a requirement for the offender to reside in accommodation provided by or on behalf of a local authority. (7) This paragraph does not affect the power of a local authority to place with a local authority foster parent an offender in respect of whom a local authority residence requirement is imposed. Restrictions on imposing fostering requirement 27 A court may not make a youth rehabilitation order which imposes a fostering requirement unless the requirements in A to D are met. 1 The court is satisfied that— (a) the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and (b) imposing that requirement would assist in the offender's rehabilitation. 2 The court has been notified by the Secretary of State that arrangements for implementing such a requirement are available in the area of the local authority which is to place the offender with a local authority foster parent (and the notice has not been withdrawn). 3 The court has consulted— (a) the offender's parents or guardians (unless it is impracticable to do so), and (b) the local authority which is to place the offender with a local authority foster parent. 4 The offender was legally represented in court when the court was considering whether to impose the fostering requirement, but this does not apply if— (a) representation was made available to the offender for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the offender's conduct, or (b) the offender has been informed of the right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply. For this purpose, “the proceedings” means— the whole proceedings, or the part of the proceedings relating to the imposition of the fostering requirement. PART 12 Mental health treatment requirement Mental health treatment requirement 28 (1) In this Code “mental health treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a particular period or particular periods, to mental health treatment, which may be— (a) in-patient treatment, (b) institution-based out-patient treatment, or (c) practitioner-based treatment. (2) For this purpose— “mental health treatment”, in relation to an offender, means treatment which is— by or under the direction of a registered medical practitioner or registered psychologist, and with a view to improvement of the offender's mental condition; “in-patient treatment” means treatment as a resident patient in— a care home, an independent hospital, or a hospital within the meaning of the Mental Health Act 1983, but not in hospital premises where high security psychiatric services are provided; “institution-based out-patient treatment” means treatment as a non-resident patient at a particular institution or place; “practitioner-based treatment” means treatment by or under the direction of a particular registered medical practitioner or registered psychologist (or both). (3) A youth rehabilitation order which imposes a mental health treatment requirement must specify— (a) the period or periods during which the offender is required to submit to mental health treatment, and (b) for each such period— (i) if the mental health treatment is to be in-patient treatment, the care home or hospital where it is to be provided; (ii) if it is to be institution-based out-patient treatment, the institution or place where it is to be provided; (iii) if it is to be practitioner-based treatment, the registered medical practitioner or registered psychologist (or both) by whom or under whose direction it is to be provided; but may not otherwise specify the nature of the treatment. (4) In this paragraph— “care home” means— a care home in England within the meaning of the Care Standards Act 2000, or a place in Wales at which a care home service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)) is provided; “high security psychiatric services” has the same meaning as in the Mental Health Act 1983; “independent hospital”— in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; in relation to Wales, has the same meaning as in the Care Standards Act 2000; “registered psychologist” means a person for the time being registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists. (5) While the offender is under treatment which is in-patient treatment 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 only to the extent necessary for the purpose of the revocation or amendment of the order. Restrictions on imposing mental health treatment requirement 29 (1) A court may not include a mental health treatment requirement in a youth rehabilitation order unless the following conditions are met— (a) the need for treatment condition, (b) the arrangements condition, and (c) the consent condition. (2) The need for treatment condition is that the court is satisfied that the mental condition of the offender— (a) requires treatment, (b) may be susceptible to treatment, and (c) does not warrant the making of a hospital order or guardianship order within the meaning of the Mental Health Act 1983. (3) The arrangements condition is that the court is satisfied that arrangements— (a) have been made, or (b) can be made, for the treatment intended to be specified in the order. Those arrangements include arrangements for the reception of the offender, if that treatment is, or includes, in-patient treatment (see paragraph 28(2)). (4) The consent condition is that the offender has expressed willingness to comply with the requirement. Alternative arrangements for mental health treatment 30 (1) Where— (a) an offender is being treated in pursuance of a mental health treatment requirement, and (b) the treatment practitioner is of the opinion that part of the treatment can be better or more conveniently given in an institution or at a place— (i) which is not specified in the youth rehabilitation order, and (ii) where the treatment of the offender will be given by or under the direction of a registered medical practitioner or registered psychologist, the treatment practitioner may make arrangements (“alternative arrangements”) for the offender to be treated accordingly. (2) Alternative arrangements may be made only if the offender has expressed willingness for the treatment to be given under those arrangements. (3) Alternative arrangements may provide for the offender to receive part of the treatment as a resident patient in an institution or place which could not have been specified for that purpose in the youth rehabilitation order. (4) Where alternative arrangements are made— (a) the treatment for which the alternative arrangements provide is to be deemed to be treatment to which the offender is required to submit in pursuance of the mental health treatment requirement, and (b) the treatment practitioner must give a notice in writing to the offender's responsible officer, specifying the institution or place where that treatment is to be carried out. (5) In this paragraph— “registered psychologist” means a person for the time being registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists; “treatment practitioner” means the medical practitioner or registered psychologist by or under whose direction the offender is being treated in pursuance of the mental health treatment requirement. PART 13 Drug treatment requirement Requirement 31 (1) In this Code “drug treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods (each, a “treatment period”), to drug rehabilitation treatment. Such treatment may be resident treatment or non-resident treatment. (2) In this paragraph— “drug rehabilitation treatment”, in relation to an offender, means treatment which is— by or under the direction of a person having the necessary qualifications or experience, and with a view to the reduction or elimination of the offender's dependency on, or propensity to misuse, drugs; “resident treatment” means treatment as a resident in a particular institution or place; “non-resident treatment” means treatment as a non-resident at a particular institution or place; “the treatment director” means the person by or under whose direction the treatment is to be provided. (3) A youth rehabilitation order which imposes a drug treatment requirement must specify— (a) the treatment period or treatment periods, and (b) for each treatment period— (i) the treatment director; (ii) if the treatment is to be resident treatment, the institution or place where it is to be provided; (iii) if it is to be non-resident treatment, the institution or place where, and the intervals at which, it is to be provided; but must not otherwise specify the nature of the treatment. Restrictions on imposing drug treatment requirement 32 (1) A court may not include a drug treatment requirement in a youth rehabilitation order unless the following conditions are met— (a) the need for treatment condition, (b) the availability condition, (c) the arrangements condition, (d) the suitability condition, and (e) the consent condition. (2) The need for treatment condition is that the court is satisfied— (a) that the offender— (i) is dependent on drugs, or (ii) has a propensity to misuse drugs, and (b) that the offender's dependency or propensity— (i) requires treatment, and (ii) may be susceptible to treatment. (3) The availability condition is that the court has been notified by the Secretary of State that arrangements for implementing drug treatment requirements are in force in the local justice area in which the offender resides or is to reside (and the notice has not been withdrawn). (4) The arrangements condition is that the court is satisfied that arrangements— (a) have been made, or (b) can be made, for the treatment intended to be specified in the order. Those arrangements include arrangements for the reception of the offender if that treatment is, or includes, resident treatment (within the meaning given in paragraph 31(2)). (5) The suitability condition is that the requirement has been recommended to the court as suitable for the offender by— (a) a member of a youth offending team, or (b) an officer of a provider of probation services. (6) The consent condition is that the offender has expressed willingness to comply with the requirement. Meaning of “drug” 33 In this Part of this Schedule, “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971. PART 14 Drug testing requirement Requirement 34 (1) In this Code “drug testing requirement”, in relation to a youth rehabilitation order, means a requirement that, during any treatment period, the offender must, for the purpose of ascertaining whether there is any drug in the offender's body during that period, provide samples in accordance with instructions given by— (a) the responsible officer, or (b) the treatment director. (2) A youth rehabilitation order which imposes a drug testing requirement— (a) must specify, for each month, the minimum number of occasions when samples are to be provided, and (b) may specify— (i) when and in what circumstances the responsible officer or treatment director may require the offender to provide samples, and (ii) the kinds of sample which may be required. (3) A youth rehabilitation order which imposes a drug testing requirement must provide for the results of tests on samples provided by the offender in pursuance of the requirement to be communicated to the responsible officer, if they are not carried out by the responsible officer. (4) In this paragraph— (a) “drug” has the meaning given by paragraph 33; (b) “treatment director” and “treatment period” have the same meanings as in paragraph 31. Restrictions on imposing drug testing requirement 35 (1) A youth rehabilitation order may impose a drug testing requirement only if it also imposes a drug treatment requirement. (2) A court may not include a drug testing requirement in a youth rehabilitation order unless the following conditions are met— (a) the availability condition, and (b) the consent condition. (3) The availability condition is that 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 reside (and the notice has not been withdrawn). (4) The consent condition is that the offender has expressed willingness to comply with the requirement. PART 15 Intoxicating substance treatment requirement Requirement 36 (1) In this Code “intoxicating substance treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods (each, a “treatment period”) to substance abuse treatment. Such treatment may be resident treatment or non-resident treatment. (2) In this paragraph— “substance abuse treatment” means treatment which is— by or under the direction of a person having the necessary qualifications or experience, and with a view to the reduction or elimination of the offender's dependency on or propensity to misuse intoxicating substances; “resident treatment” means treatment as a resident in a particular institution or place; “non-resident treatment” means treatment as a non-resident at a particular institution or place; “the treatment director” means the person by or under whose direction the treatment is to be provided. (3) A youth rehabilitation order which imposes an intoxicating substance treatment requirement must specify— (a) the treatment period or treatment periods, and (b) for each treatment period— (i) the treatment director; (ii) if the treatment is to be resident treatment, the institution or place where it is to be provided; (iii) if it is to be non-resident treatment, the institution or place where, and the intervals at which, it is to be provided; but must not otherwise specify the nature of the treatment. Restrictions on imposing intoxicating substance treatment requirement 37 (1) A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless the following conditions are met— (a) the need for treatment condition, (b) the arrangements condition, (c) the suitability condition, and (d) the consent condition. (2) The need for treatment condition is that the court is satisfied— (a) that the offender— (i) is dependent on intoxicating substances, or (ii) has a propensity to misuse intoxicating substances, and (b) that the offender's dependency or propensity— (i) requires treatment, and (ii) may be susceptible to treatment. (3) The arrangements condition is that the court is satisfied that arrangements— (a) have been made, or (b) can be made, for the treatment intended to be specified in the order. Those arrangements include arrangements for the reception of the offender if that treatment is, or includes, resident treatment (within the meaning given in paragraph 36(2)). (4) The suitability condition is that the requirement has been recommended to the court as suitable for the offender by— (a) a member of a youth offending team, or (b) an officer of a provider of probation services. (5) The consent condition is that the offender has expressed willingness to comply with the requirement. Meaning of “intoxicating substance” 38 In this Part of this Schedule “intoxicating substance” means— (a) alcohol, or (b) any other substance or product which— (i) can be used for the purpose of causing intoxication (whether through inhaling it or its fumes or otherwise), and (ii) is not a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971. PART 16 Education requirement Requirement 39 (1) In this Code “education requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must comply, during a particular period or particular periods, with arrangements for the offender's education— (a) made for the time being by the offender's parent or guardian, and (b) approved by a relevant authority. (2) A youth rehabilitation order which imposes an education requirement must specify— (a) the relevant authority for the purposes of the requirement, and (b) the period or periods during which the offender must comply with the education arrangements. (3) The authority specified as the relevant authority must be the local authority (within the meaning of the Education Act 1996) for the area in which the offender resides or is to reside. (4) Any period specified must end by the relevant time. (4A) In sub-paragraph (4) “the relevant time” in relation to a youth rehabilitation order made in respect of— (a) an offence of which the offender was convicted before the day on which paragraph 21 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, or (b) an offender who, when the order was made, was not resident in England within the meaning of Part 1 of the Education and Skills Act 2008 (duty to participate in education or training after compulsory school age), means the time the offender ceases to be of compulsory school age. (4B) In sub-paragraph (4) “the relevant time” in relation to a youth rehabilitation order made in respect of— (a) an offence of which the offender was convicted on or after the day on which paragraph 21 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force, and (b) an offender who, when the order was made, was resident in England within the meaning of Part 1 of the Education and Skills Act 2008 (duty to participate in education or training after compulsory school age), means the time at which the offender ceases to be a person to whom that Part applies or, if later, ceases to be of compulsory school age. (5) In this paragraph, “parent” has the same meaning as in the Education Act 1996. Restriction on imposing education requirement 40 A court may not include an education requirement in a youth rehabilitation order unless— (a) it has consulted the authority which is to be specified as the relevant authority (within the meaning of paragraph 39), and (b) it is satisfied— (i) that, in the view of that authority, arrangements exist for the offender to receive efficient full-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, it is necessary to include the education requirement in order to secure the good conduct of the offender or to prevent the commission of further offences. PART 17 Electronic monitoring requirement RequirementElectronic compliance monitoring requirement 41 In this Code “electronic monitoring requirement electronic compliance 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 by the order during a particular period (“the monitoring period”). Person responsible for electronic monitoring : electronic compliance monitoring requirement 42 (1) A youth rehabilitation order which imposes an electronic monitoring requirementelectronic compliance monitoring requirement must include provision for making a person responsible for the monitoring. (2) The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State. Monitoring period : electronic compliance monitoring requirement 43 (1) A youth rehabilitation order which imposes an electronic monitoring requirement electronic compliance monitoring requirement must— (a) specify the monitoring period, or (b) provide for the responsible officer to determine the monitoring period in accordance with the order. (2) Sub-paragraph (3) applies where the responsible officer is to determine the monitoring period in accordance with the order. (3) Before it begins, the responsible officer must notify the following people of when the monitoring period is to begin— (a) the offender, (b) the person responsible for the monitoring, and (c) any person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring. Electronic monitoring Electronic compliance monitoring requirement: general 43A Where a youth rehabilitation order made on or after the day on which paragraph 1 of Schedule 17 to the Police, Crime, Sentencing and Courts Act 2022 came into force imposes an electronic monitoring requirement electronic compliance monitoring requirement, the offender must (in particular)— (a) submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to— (i) being fitted with, or installation of, any necessary apparatus, and (ii) inspection or repair of any apparatus fitted or installed for the purposes of the monitoring, (b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and (c) take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring. Restrictions on imposing electronic monitoringRestrictions on imposing electronic compliance monitoring requirement 44 (1) Where— (a) it is proposed to include an electronic monitoring requirement electronic compliance 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 the monitoring, the requirement may not be included in the order without that person's consent. (2) A court may not include an electronic monitoring requirement electronic compliance monitoring requirement in a youth rehabilitation order unless— (a) the court 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 as the offender's home local justice area, and (ii) for each requirement mentioned in the table in sub-paragraph (3) which the court proposes to include in the order, in the area in which the relevant place specified in the table for that requirement is situated, (and the notice has not been withdrawn in relation to any of those areas), and (b) the court is satisfied that the necessary provision can be made under the arrangements currently available. (3) That table is— Proposed requirement of youth rehabilitation order | Relevant place Curfew requirement | The place which the court proposes to specify in the order for the purposes of that requirement. Exclusion requirement | The prohibited place (within the meaning of paragraph 20) which the court proposes to specify in the order. Attendance centre requirement | The attendance centre which the court proposes to specify in the order. Electronic whereabouts monitoring requirement 45 In this Code “electronic whereabouts monitoring requirement”, in relation to a youth rehabilitation order, means a requirement to submit to electronic monitoring of the offender’s whereabouts (otherwise than for the purpose of monitoring the offender’s compliance with any other requirement included in the order) during a period specified in the order. Person responsible for electronic monitoring: electronic whereabouts monitoring order 46 (1) A youth rehabilitation order which imposes an electronic whereabouts monitoring requirement must include provision for making a person responsible for the monitoring. (2) The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State. Electronic whereabouts monitoring requirement: general 47 Where a youth rehabilitation order imposes an electronic whereabouts monitoring requirement, the offender must (in particular)— (a) submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to— (i) being fitted with, or installation of, any necessary apparatus, and (ii) inspection or repair of any apparatus fitted or installed for the purposes of the monitoring, (b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and (c) take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring. Restrictions on imposing electronic whereabouts monitoring requirement 48 (1) Where— (a) it is proposed to include an electronic whereabouts 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 the monitoring, the requirement may not be included in the order without that person’s consent. (2) A court may not include an electronic whereabouts monitoring requirement in a youth rehabilitation order in respect of an offender unless— (a) the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order (and the notice has not been withdrawn), (b) the court is satisfied that— (i) the offender can be fitted with any necessary apparatus under the arrangements currently available, and (ii) any other necessary provision can be made under those arrangements, and (c) the court is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored.
Propose a changeSection 195 PART 1 Preliminary Interpretation 1 (1) In this Schedule, a reference (however expressed) to an offender's breach of a requirement of a youth rehabilitation order is a reference to any failure of the offender to comply— (a) with a requirement imposed by the order, or (b) if the order imposes an attendance centre requirement, with rules made under section 394(1)(d) or (e) (attendance centre rules). (2) For the purposes of this Schedule— (a) a requirement falling within any Part of Schedule 6 is of the same kind as any other requirement falling within that Part, and (b) an electronic monitoring requirement electronic compliance monitoring requirement is a requirement of the same kind as any other youth rehabilitation requirement to which it relates. Youth rehabilitation order subject to magistrates' court supervision 2 For the purposes of this Schedule— (a) “Crown Court youth rehabilitation order” means a youth rehabilitation order which— (i) was made by the Crown Court, and (ii) does not include a direction under section 189 (power for Crown Court to direct magistrates' court supervision); (b) a youth rehabilitation order is “subject to magistrates' court supervision” if it— (i) was made by a magistrates' court, or (ii) was made by the Crown Court and includes a direction under that section. Orders made on appeal 3 Where a youth rehabilitation order has been made on appeal, for the purposes of this Schedule it is treated— (a) if it was made on an appeal from a magistrates' court, as having been made by a magistrates' court; (b) if it was made on an appeal— (i) from the Crown Court, or (ii) from the Court of Appeal, as having been made by the Crown Court. PART 2 Breach of requirement of order Duty to give warning or lay information relating to breach of order 4 (1) This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a requirement of a youth rehabilitation order. (2) Sub-paragraph (3) applies if— (a) the breach occurred during a warned period relating to an earlier breach of the order, and (b) during that warned period the offender had been given a further warning in relation to the order. (3) The responsible officer must cause an information to be laid before a justice of the peace in respect of that breach unless of the opinion that there are exceptional circumstances which justify not doing so. (4) If sub-paragraph (3) does not apply, the responsible officer must either— (a) give the offender a warning under this paragraph, or (b) cause an information to be laid before a justice of the peace in respect of that breach. (5) A warning under this paragraph must— (a) describe the circumstances of the breach, (b) state that the breach is unacceptable, and (c) inform the offender that the offender will be liable to be brought before a court if the offender breaches a requirement of the order again— (i) more than once during the warned period, or (ii) if the warning is given during the warned period relating to an earlier breach of the order, during that warned period. (6) For the purposes of this paragraph, “warned period”, in relation to a breach of a requirement of the youth rehabilitation order, means the period of 12 months beginning with the date on which a warning is given under this paragraph in relation to the breach. (7) As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact. Issue of summons or warrant by justice of the peace 5 (1) This paragraph applies where— (a) a youth rehabilitation order is in force, and (b) it appears on information to a justice of the peace that the offender has breached a requirement of the order. (2) The justice may— (a) issue a summons requiring the offender to appear at the place and time specified in it, or (b) if the information is in writing and on oath, issue a warrant for the offender's arrest. (3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought— (a) in the case of a Crown Court youth rehabilitation order, before the Crown Court, and (b) in any other case, before the appropriate court. (4) In sub-paragraph (3), “appropriate court” means— (a) if the offender is aged under 18, a youth court acting in the relevant local justice area, and (b) if the offender is aged 18 or over, a magistrates' court (other than a youth court) acting in that local justice area. (5) In sub-paragraph (4), “relevant local justice area” means— (a) the local justice area in which the offender resides, or (b) if it is not known where the offender resides, the offender's home local justice area. (6) Sub-paragraphs (7) and (8) apply where— (a) a summons is issued under this paragraph, and (b) the offender does not appear in answer to it. (7) If the summons required the offender to appear before the Crown Court, the Crown Court may— (a) if the summons was issued by a justice of the peace, issue a further summons requiring the offender to appear at the place and time specified in it, or (b) in any case, issue a warrant for the arrest of the offender. (8) If the summons required the offender to appear before a magistrates' court, the magistrates' court may issue a warrant for the arrest of the offender. Powers of magistrates' court 6 (1) This paragraph applies where— (a) an offender appears or is brought before a youth court or other magistrates' court under paragraph 5, and (b) it is proved to the satisfaction of the court that the offender has breached a requirement of the youth rehabilitation order without reasonable excuse, and must be read with paragraphs 8 to 11. (2) The court may deal with the case under sub-paragraph (5). (3) If the youth rehabilitation order was made by the Crown Court, the court may instead— (a) commit the offender to custody, or (b) release the offender on bail, until the offender can be brought or appear before the Crown Court. (4) Where a court deals with the offender's case under sub-paragraph (3) it must send the Crown Court— (a) a certificate signed by a justice of the peace certifying that the offender has breached the youth rehabilitation order in the respect specified in the certificate, and (b) such other particulars of the case as may be desirable; and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court. (5) Where the court deals with the case under this sub-paragraph, it may deal with the offender in respect of the breach in any one of the following ways— (a) by ordering the offender to pay a fine of an amount not exceeding £2,500; (b) by amending the terms of the youth rehabilitation order to add or substitute any requirement which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence; (c) by re-sentencing the offender for the relevant offence. (6) In this paragraph— “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and the “relevant assumptions” are that— the court has just convicted the offender of the relevant offence, and the offender is the same age as when in fact convicted of that offence. (7) Sub-paragraph (5)(b) is subject to paragraph 10. (8) In dealing with the offender under sub-paragraph (5), the court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order. (9) Where the court— (a) deals with the offender under sub-paragraph (5)(b), and (b) does not act in the offender's home local justice area, it may exercise the power in paragraph 15 (amendment by reason of change of residence) as if it were the appropriate court for the purposes of that paragraph. (10) Where the court deals with the offender under sub-paragraph (5)(c), it must revoke the youth rehabilitation order if it is still in force. (11) An offender may appeal to the Crown Court against a sentence imposed under sub-paragraph (5)(c). Powers of Crown Court 7 (1) This paragraph applies where— (a) an offender appears or is brought before the Crown Court under paragraph 5 or by virtue of paragraph 6(3), and (b) it is proved to the satisfaction of that court that the offender has breached a requirement of the youth rehabilitation order without reasonable excuse, and must be read with paragraphs 8 to 11. (2) The Crown Court may deal with the offender in respect of that breach in any one of the following ways— (a) by ordering the offender to pay a fine of an amount not exceeding £2,500; (b) by amending the terms of the youth rehabilitation order to add or substitute any requirement which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence; (c) by re-sentencing the offender for the relevant offence. (3) In this paragraph— “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and the “relevant assumptions” are that— the offender has just been convicted of the relevant offence by or before the court dealing with the offender, and the offender is the same age as when in fact convicted of that offence. (4) Sub-paragraph (2)(b) is subject to paragraph 10. (5) In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order. (6) Where the Crown Court deals with an offender under sub-paragraph (2)(c), it must revoke the youth rehabilitation order if it is still in force. (7) In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the youth rehabilitation order is to be determined by the court and not by the verdict of a jury. Restriction of powers in paragraphs 6 and 7 where treatment required 8 (1) Sub-paragraph (2) applies where the offender— (a) is required by a treatment requirement of the youth rehabilitation order to submit to treatment, and (b) has refused to undergo any surgical, electrical or other treatment. (2) The offender is not to be treated for the purposes of paragraph 6 or 7 as having breached the requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances. (3) In this paragraph, “treatment requirement” means— (a) a mental health treatment requirement, (b) a drug treatment requirement, or (c) an intoxicating substance treatment requirement. Fines imposed under paragraphs 6 and 7 9 (1) A fine imposed under paragraph 6(5)(a) or 7(2)(a) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction. (2) Where— (a) a court is dealing with an offender for breach of a requirement of a youth rehabilitation order, (b) the offender is aged under 18, and (c) but for this sub-paragraph, the court would impose a fine under paragraph 6(5)(a) or 7(2)(a), section 380 (order for payment by parent or guardian) applies to the fine. Powers in paragraphs 6 and 7 to impose other requirements: further provisions 10 (1) This paragraph applies where— (a) the magistrates' court deals with the offender under paragraph 6(5)(b), or (b) the Crown Court deals with the offender under paragraph 7(2)(b). (2) Paragraphs 6(5)(b) and 7(2)(b) have effect subject to any provision that applies to the court in making a youth rehabilitation order as if the court were imposing the requirements on making the order. That is subject to the following provisions of this paragraph and to paragraph 11. (3) Subject to sub-paragraph (4), any requirement imposed under paragraph 6(5)(b) or 7(2)(b) must be capable of being complied with before the end date. (4) In dealing with an offender under paragraph 6(5)(b) or 7(2)(b) the court may substitute a later date for the end date. (5) A date substituted under sub-paragraph (4)— (a) must not be more than 6 months after the existing end date; (b) subject to that, may be more than 3 years after the date on which the order took effect. (6) Once the power in sub-paragraph (4) has been exercised in relation to the order, it may not be exercised again in relation to it by any court. (7) Where— (a) in dealing with the offender under paragraph 6(5)(b) or 7(2)(b), the court imposes an unpaid work requirement, and (b) the youth rehabilitation order does not already contain an unpaid work requirement, the number of hours for which the offender may be required to work under the requirement (see paragraph 10(3) of Schedule 6) must not, in aggregate, be less than 20. (8) The court may not under paragraph 6(5)(b) or 7(2)(b) impose— (a) an extended activity requirement, or (b) a fostering requirement, if the order does not already impose such a requirement. (9) Sub-paragraph (10) applies where— (a) the order includes a fostering requirement (the “original requirement”), and (b) under paragraph 6(5)(b) or 7(2)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement. (10) The fostering period (see paragraph 26(3) of Schedule 6) for the substitute requirement must end— (a) within 18 months beginning with the day on which the original requirement first took effect, and (b) before the offender reaches the age of 18. Powers in paragraphs 6 and 7 to re-sentence: further provisions relating to intensive supervision and surveillance 11 (1) This paragraph applies where— (a) the court is dealing with the offender under paragraph 6(5)(c) or 7(2)(c) for an offence, and (b) the offender has wilfully and persistently failed to comply with the youth rehabilitation order. (2) The court may impose a youth rehabilitation order with intensive supervision and surveillance even if— (a) the offence is not an imprisonable offence, or (b) the court is not of the opinion mentioned in section 180(2)(a) (custodial sentence otherwise appropriate). (3) If— (a) the order is a youth rehabilitation order with intensive supervision and surveillance, and (b) the offence is an imprisonable offence, the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (threshold for imposing discretionary custodial sentence). (4) If— (a) the order is a youth rehabilitation order with intensive supervision and surveillance which was imposed by virtue of sub-paragraph (2), and (b) the offence is not an offence punishable with imprisonment, the court's powers under paragraph 6(5)(c) or 7(2)(c) to deal with the offender for the offence include power to make a detention and training order for a term not exceeding 4 months. PART 3 Revocation of order with or without re-sentencing Youth rehabilitation order subject to magistrates' court supervision 12 (1) This paragraph applies where— (a) a youth rehabilitation order subject to magistrates' court supervision is in force in respect of an offender, (b) the offender or the responsible officer makes an application to the appropriate court under this sub-paragraph. (2) In this paragraph, “the appropriate court” means— (a) if the offender is aged under 18 when the application under sub-paragraph (1) is made, a youth court acting in the offender's home local justice area, and (b) if the offender is aged 18 or over at that time, a magistrates' court (other than a youth court) acting in that local justice area. (3) No application may be made under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending. (4) Unless the application was made by the offender, the appropriate court— (a) must, before exercising its powers under sub-paragraph (5)(b), summon the offender to appear before it, and (b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest. (5) If it appears to the appropriate court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the appropriate court may— (a) revoke the order, or (b) both— (i) revoke the order, and (ii) re-sentence the offender for the offence in respect of which the order was made. (6) The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (5) include the offender's— (a) making good progress, or (b) responding satisfactorily to supervision or treatment (as the case requires). (7) If the court deals with the offender under sub-paragraph (5)(b), it must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order. (8) A person sentenced under sub-paragraph (5)(b) for an offence may appeal to the Crown Court against the sentence. (9) If the application is dismissed, no-one may make a further application under sub-paragraph (1) during the 3 month period beginning with the date of the dismissal, except with the consent of the appropriate court. Crown Court youth rehabilitation order 13 (1) This paragraph applies where a Crown Court youth rehabilitation order is in force and— (a) the offender, or (b) the responsible officer, makes an application to the Crown Court under this sub-paragraph. (2) No application may be made under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending. (3) Unless the application was made by the offender, the Crown Court— (a) must, before exercising its powers under sub-paragraph (4)(b), 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. (4) If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the Crown Court may— (a) revoke the order, or (b) both— (i) revoke the order, and (ii) re-sentence the offender for the offence in respect of which the order was made. (5) The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (4) include the offender's— (a) making good progress, or (b) responding satisfactorily to supervision or treatment (as the case requires). (6) If the Crown Court deals with the offender under sub-paragraph (4)(b), it must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order. (7) If the application is dismissed, no-one may make a further application under sub-paragraph (1) during the 3 month period beginning with the date of the dismissal, except with the consent of the Crown Court. PART 4 Amendment of order Appropriate court 14 In this Part of this Schedule, “the appropriate court”, in relation to an application relating to a youth rehabilitation order, means— (a) if the order is subject to magistrates' court supervision— (i) if the offender is aged under 18 when the application is made, a youth court acting in the offender's home local justice area, and (ii) if the offender is aged 18 or over at that time, a magistrates' court (other than a youth court) acting in that local justice area; (b) if the order is a Crown Court youth rehabilitation order, the Crown Court. Amendment by appropriate court 15 (1) This paragraph applies where— (a) a youth rehabilitation order is in force, and (b) an application for the amendment of the order is made to the appropriate court by— (i) the offender, or (ii) the responsible officer. (2) If the appropriate court is satisfied that the offender proposes to reside, or is residing, in a local justice area (a “new local justice area”) other than the offender's home local justice area for the time being specified in the order, the court— (a) must, if the responsible officer made the application under sub-paragraph (1)(b), or (b) may, in any other case, amend the youth rehabilitation order to specify the new local justice area as the offender's home local justice area. This is subject to paragraph 16. (3) The appropriate court may by order amend the youth rehabilitation order— (a) by cancelling any of the youth rehabilitation requirements of the order, or (b) by replacing any of those requirements with a youth rehabilitation requirement of the same kind which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence. This is subject to paragraph 17. (4) In this paragraph— “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and the “relevant assumptions” are that— the offender has just been convicted by or before the appropriate court of the relevant offence, and the offender is the same age as when in fact convicted of that offence. Exercise of powers under paragraph 15(2): further provision 16 (1) This paragraph applies where— (a) an application has been made under paragraph 15(1)(b) in respect of a youth rehabilitation order, and (b) the court proposes to exercise its powers under paragraph 15(2) to specify a new local justice area in the order. (2) Sub-paragraphs (3) and (4) apply if the youth rehabilitation order contains one or more requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the area then specified as the offender's home local justice area (each, a “specific area requirement”). (3) The court may not amend the order under paragraph 15(2) to specify a new local justice area unless it also exercises the power in paragraph 15(3) (by cancelling or substituting each specific area requirement) so that the order can be complied with if the offender resides in the new local justice area. (4) If the application was made by the responsible officer, the court must exercise the power in paragraph 15(3) in that way unless it considers it inappropriate to do so. (5) Sub-paragraph (6) applies if the youth rehabilitation order imposes a programme requirement. (6) The court may not amend the order under paragraph 15(2) unless it is satisfied that a programme which— (a) corresponds as nearly as practicable to the programme specified in the order for the purposes of the programme requirement, and (b) is suitable for the offender, is available in the new local justice area. Exercise of powers under paragraph 15(3)(b): further provision 17 (1) Before exercising its powers under paragraph 15(3)(b) (replacing requirements of a youth rehabilitation order), the court must summon the offender to appear before it, unless— (a) the application under paragraph 15(1)(b) was made by the offender, or (b) the court would exercise the powers only to— (i) replace any requirement of the youth rehabilitation order with one of a shorter duration, or (ii) substitute a new local justice area or place for one specified in the order. (2) If the offender fails to appear in answer to a summons under sub-paragraph (1) the court may issue a warrant for the offender's arrest. (3) Any requirement imposed under paragraph 15(3)(b) must be capable of being complied with before the end date. This is subject to paragraph 18. (4) Any provision that applies to a court where it imposes a requirement on making a youth rehabilitation order applies also to the court where it imposes such a requirement under paragraph 15(3)(b). That is subject to the following provisions of this paragraph and paragraphs 18 and 19. (5) Sub-paragraph (6) applies where— (a) the order includes a fostering requirement (the “original requirement”), and (b) under paragraph 15(3)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement. (6) The fostering period (see paragraph 26(3) of Schedule 6) for the substitute requirement must end— (a) within 18 months beginning with the day on which the original requirement first took effect, and (b) before the offender reaches the age of 18. (7) The court may not under paragraph 15(3)(b) impose— (a) a mental health treatment requirement, (b) a drug treatment requirement, or (c) a drug testing requirement, unless the offender has expressed willingness to comply with the requirement. (8) If the offender fails to express willingness to comply with a mental health treatment requirement, a drug treatment requirement or a drug testing requirement which the court proposes to impose under paragraph 15(3)(b), the court may— (a) revoke the youth rehabilitation order, and (b) re-sentence the offender for the offence in respect of which the order was made. (9) If the court deals with the offender under sub-paragraph (8)(b), it must take into account the extent to which the offender has complied with the requirements of the order. Extension of order 18 (1) The appropriate court may, on the application of— (a) the offender, or (b) the responsible officer, amend a youth rehabilitation order by substituting a later date for the end date. (2) Unless the application was made by the offender, the court— (a) must, before exercising its powers under this paragraph, summon the offender to appear before the court, and (b) if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest. (3) A date substituted under sub-paragraph (1)— (a) must not be more than 6 months after the existing end date; (b) subject to that, may be more than 3 years after the date on which the order took effect. (4) Once the power in sub-paragraph (1) has been exercised in relation to the order, it may not be exercised again in relation to it by any court. Extension of unpaid work requirement 19 (1) This paragraph applies where a youth rehabilitation order imposing an unpaid work requirement is in force in respect of an offender. (2) The appropriate court may, on the application of— (a) the offender, or (b) the responsible officer, extend the period of 12 months specified in paragraph 10(1)(b) of Schedule 6, if it appears to the appropriate court to be in the interests of justice to do so having regard to circumstances which have arisen since the order was made. (3) Unless the application was made by the offender, the court— (a) must, before exercising its powers under this paragraph, summon the offender to appear before the court, and (b) if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest. PART 5 Conviction of further offence Powers of magistrates' court following subsequent conviction 20 Paragraphs 21 and 22 apply where— (a) a youth rehabilitation order (“the existing 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”). 21 (1) This paragraph applies if— (a) the existing youth rehabilitation order is subject to magistrates' court supervision, and (b) the convicting court is dealing with the offender for the further offence. (2) If it appears to the convicting court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the convicting court may— (a) revoke the youth rehabilitation order, or (b) both— (i) revoke the youth rehabilitation order, and (ii) re-sentence the offender for the offence in respect of which the order was made. (3) Unless the offender is before it, the convicting court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it. (4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the court may issue a warrant for the offender's arrest. (5) If the convicting court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the order. (6) A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence. 22 (1) Sub-paragraph (2) applies if— (a) the existing youth rehabilitation order was made by the Crown Court but is subject to magistrates' court supervision, and (b) the convicting court would, but for this paragraph, deal with the offender for the further offence. (2) The convicting court may, instead of proceeding under paragraph 21— (a) commit the offender to custody, or (b) release the offender on bail, until the offender can be brought before the Crown Court. (3) Sub-paragraph (4) applies if the youth rehabilitation order is a Crown Court youth rehabilitation order. (4) The convicting court may— (a) commit the offender to custody, or (b) release the offender on bail, until the offender can be brought or appear before the Crown Court. (5) Where the convicting court deals with an offender's case under sub-paragraph (2) or (4), it must send the Crown Court such particulars of the case as may be desirable. (6) Unless the offender is before it, the convicting court may not deal with the offender under this paragraph unless it has summoned the offender to appear before it. (7) If the offender fails to appear in answer to a summons under sub-paragraph (6) the court may issue a warrant for the offender's arrest. Powers of Crown Court following subsequent conviction 23 (1) This paragraph applies where a youth rehabilitation order is in force in respect of an offender, and the offender— (a) is convicted by the Crown Court of an offence, or (b) is brought or appears before the Crown Court— (i) by virtue of paragraph 22(2) or (4), or (ii) having been committed by a magistrates' court to the Crown Court for sentence. (2) If it appears to the Crown Court 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, the Crown Court may— (a) revoke the order, or (b) both— (i) revoke the order, and (ii) re-sentence the offender for the offence in respect of which the order was made. (3) Unless the offender is before it, the Crown Court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it. (4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the Crown Court may issue a warrant for the offender's arrest. (5) If the Crown Court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the order. (6) If the offender is brought or appears before the Crown Court by virtue of paragraph 22(2) or (4), the Crown Court may deal with the offender for the 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 meanings given by paragraph 20. PART 6 Supplementary Warrants 24 (1) Sub-paragraph (2) applies where an offender— (a) is arrested under a warrant issued by virtue of this Schedule, and (b) cannot immediately be brought before the court before which the warrant directs the offender to be brought (“the relevant court”). (2) The person in whose custody the offender is— (a) may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and (b) must, within that period, bring the offender before a youth court or, if the offender is aged 18 or over, a magistrates' court other than a youth court. (3) In the case of a warrant issued by the Crown Court, section 81(5) of the Senior Courts Act 1981 (duty to bring person before magistrates' court) does not apply. (4) A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained. 25 (1) This paragraph applies where the court before which the offender is brought under paragraph 24(2) (“the alternative court”) is not the relevant court. (2) If the relevant court is a magistrates' court— (a) the alternative court may— (i) direct that the offender be released forthwith, or (ii) remand the offender, and (b) section 128 of the Magistrates' Courts Act 1980 (remand in custody or on bail) applies as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the relevant court. (3) If the relevant court is the Crown Court, section 43A of the Magistrates' Courts Act 1980 (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)— (a) the words “issued by the Crown Court” were omitted, and (b) the reference to section 81(5) of the Senior Courts Act 1981 were a reference to paragraph 24(2)(b). (4) If the offender is aged under 18, any power conferred by section 43A or 128 of the Magistrates' Courts Act 1980 to remand the offender in custody is to be taken to be a power to remand the offender to accommodation provided by or on behalf of a local authority. (5) If the court remands the offender to accommodation provided by or on behalf of a local authority, it 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. (6) In this paragraph “relevant court” has the same meaning as in paragraph 24. Adjournment of proceedings 26 (1) This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates' court in any proceedings under this Schedule. (2) The court may adjourn the hearing. (3) Where the court adjourns the hearing under sub-paragraph (2), it may— (a) direct that the offender be released forthwith, or (b) remand the offender. (4) Where the court remands the offender under sub-paragraph (3)— (a) it must fix the time and place at which the hearing is to be resumed, and (b) the remand must require the offender to be brought before the court at that time and place. (5) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender— (a) it may fix the time and place at which the hearing is to be resumed, but (b) if it does not do so, must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place of the resumed hearing— (i) the offender, (ii) if the offender is aged under 14, a parent or guardian of the offender, and (iii) the responsible officer. (6) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980. (7) This paragraph— (a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment 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. Provision of copies of orders etc 27 (1) This paragraph applies on the making of an order by a court under this Schedule revoking or amending a youth rehabilitation order. (2) The court must forthwith provide copies of the revoking or amending order to— (a) the offender, (b) if the offender is aged under 14, to the offender's parent or guardian, and (c) the responsible officer. (3) In the case of an amending order which substitutes a new local justice area as the offender's home local justice area, the court must also forthwith provide a copy of the amending order to— (a) a provider of probation services operating in that area, and (b) the magistrates' court acting in that area. (4) If the court amends the youth rehabilitation order by imposing or cancelling a requirement specified in column 1 of the table in sub-paragraph (6), it must also forthwith provide the person specified for that requirement in column 2 with a copy of so much of the amending order as relates to that requirement. (5) If the court revokes the youth rehabilitation order, for each requirement specified in column 1 of that table that the order imposed, the court must forthwith provide the person specified for that requirement in column 2 of that table with a copy of the revoking order. (6) That table is— Requirement | Person to whom copy of requirement is to be given An activity requirement which comprises or includes a specified place obligation. | The person in charge of each place specified under paragraph 3(1)(b) of Schedule 6 An activity requirement which comprises or includes a specified activities obligation. | The person in charge of each activity specified under paragraph 4(1)(b) of Schedule 6 An activity requirement which comprises or includes a specified residential exercise obligation. | The person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6 An attendance centre requirement. | The officer in charge of the attendance centre specified under paragraph 14(2)(a) of Schedule 6 An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender. | The person intended to be protected A residence requirement requiring residence with an individual. | The individual specified under paragraph 22(2)(b) of Schedule 6 A place of residence requirement (within the meaning of paragraph 22 of Schedule 6) relating to residence in an institution. | The person in charge of the institution A local authority residence requirement. | The local authority specified under paragraph 24(3)(b) of Schedule 6 A mental health treatment requirement. | The person in charge of the institution or place specified under sub-paragraph (3)(b)(i) or (ii) of paragraph 28 of Schedule 6, or the person specified under sub-paragraph (3)(b)(iii) of that paragraph A drug treatment requirement. | The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6 A drug testing requirement. | The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6 An intoxicating substance treatment requirement. | The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6 An education requirement. | The relevant authority specified under paragraph 39(2)(a) of Schedule 6 An electronic monitoring requirement An electronic compliance monitoring requirement. | Any person who by virtue of paragraph 42(1) of Schedule 6 will be responsible for the electronic monitoring Any person without whose consent the requirement could not be included in the order. An electronic whereabouts monitoring requirement | Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring Any person without whose consent the requirement could not be included in the order. (7) If the youth rehabilitation order is revoked by a magistrates' court acting in a local justice area other than the offender's home local justice area, the court must forthwith provide a copy of the revoking order to a magistrates' court acting in the offender's home local justice area. (8) Where under sub-paragraph (3) the court provides a copy of an amending order to a magistrates' court acting in a different area, it must also provide that court with such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.
Propose a changeSection 196 PART 1 Powers of court in England and Wales to make or amend a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland Making of youth rehabilitation order where offender will reside in Northern Ireland 1 (1) This paragraph applies where— (a) a youth rehabilitation order is available to a court dealing with an offender, and (b) the court is satisfied that the offender— (i) resides in Northern Ireland, or (ii) if a youth rehabilitation order is made, will reside there when the order takes effect. (2) The court may make a youth rehabilitation order only if— (a) it appears to the court that suitable arrangements for the offender's supervision can be made by— (i) the Probation Board for Northern Ireland, or (ii) any other designated body, and (b) the order will satisfy paragraphs 4 to 6. Amendment of youth rehabilitation order where offender will reside in Northern Ireland 2 (1) This paragraph applies where— (a) a youth rehabilitation order is in force, (b) the appropriate court (within the meaning given in paragraph 14 of Schedule 7) is satisfied that the offender— (i) resides in Northern Ireland, or (ii) proposes to reside there, and (c) it appears to the court that suitable arrangements for the offender's supervision can be made by— (i) the Probation Board for Northern Ireland, or (ii) any other designated body. (2) The power of the appropriate court to amend the order under Part 4 of Schedule 7 (“the amendment power”) includes power to amend the order by requiring— (a) the order to be complied with in Northern Ireland, and (b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c). (3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 to 6. PART 2 Requirements etc: availability and modifications of Schedule 6 Requirements: availability and restrictions 3 This Part of this Schedule applies where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule. 4 The order must not impose either of the following requirements— (a) a local authority residence requirement; (b) a fostering requirement. 5 (1) The order must not impose a locally based requirement unless it appears to the court that— (a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and (b) provision can be made for the offender to comply with the requirement under those arrangements. (2) For the purposes of this paragraph, “locally based requirement” means any of the following— (a) an activity requirement (including an extended activity requirement); (b) an unpaid work requirement; (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 an electronic compliance monitoring requirement. (j) an electronic whereabouts monitoring requirement. 6 The number of hours, days or months in respect of which any requirement of the order is imposed must not be greater than the number of hours, days or months in respect of which a court in Northern Ireland could impose a similar requirement in a corresponding order. Further provisions where offender resides or will reside in Northern Ireland 7 In a case where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule, Chapter 1 of this Part of this Code (youth rehabilitation orders) has effect as if— (a) any reference to the responsible officer were a reference to the person who is to be responsible for the offender's supervision under the order; (b) section 188 (offender's home local justice area to be specified in order) were omitted; (c) the following provisions of Schedule 6 were omitted— (i) paragraph 8(a)(i) (consultation of member of youth offending team); (ii) paragraphs 8(b), 11(1)(b) and 15(a) (availability of arrangements in local area: activity requirement, unpaid work requirement and attendance centre requirement); (iii) paragraph 23(4) (residence requirement: restriction on requiring residence at hostel or other institution); (iv) paragraphs 32(1)(b) and (3) and 35(2)(a) and (3) (availability of requirements to be notified by Secretary of State: drug treatment and testing and electronic monitoring); (v) paragraph 42(2) (persons responsible for electronic monitoring); (vi) paragraph 44(2) and (3) (availability of requirements for electronic monitoring electronic compliance monitoring); (vii) paragraph 48(2) (availability of requirements for electronic whereabouts monitoring; (d) in Part 5 of that Schedule (attendance centre requirement), any reference to an attendance centre were 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)); (e) in paragraph 28 of that Schedule (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted— “in-patient treatment” means 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 in Northern Ireland for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)); ; (f) in Part 16 of that Schedule (education requirement) references to a relevant authority were to the Education Authority established under section 1 of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.)). PART 3 Making or amendment of order in accordance with Part 1 of this Schedule Application 8 This Part of this Schedule applies in a case where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule. Explanation to be given by court before order is made or amended 9 Before making or amending the youth rehabilitation order, the court must explain to the offender in ordinary language— (a) the effect of paragraph 15(1) (order to be treated as corresponding order), (b) the requirements of the legislation in Northern Ireland relating to corresponding orders, (c) the powers of the home court under that legislation, as modified by Part 4 of this Schedule, and (d) its own powers in relation to the youth rehabilitation order under Part 4 of this Schedule. Matters to be specified in the order 10 (1) The youth rehabilitation order must specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Northern Ireland. (2) If the youth rehabilitation order is made by the Crown Court and includes a direction under section 189, the order must specify the youth court or other magistrates' court in England and Wales which is to be the relevant court in England and Wales for the purposes of this Schedule. Provision of copies 11 (1) The court which makes or amends the youth rehabilitation order must forthwith— (a) provide each of the persons mentioned in sub-paragraph (2) with a copy of the order as made or amended, and (b) provide the home court with— (i) a copy of the order as made or amended, and (ii) such other documents and information relating to the case as it considers likely to be of assistance to the home court. (2) Those persons are— (a) the offender, (b) if 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 authority, and (c) the body which is to make suitable arrangements for the offender's supervision under the order. (3) In sub-paragraph (2)(b)(ii)— (a) “authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), (b) the reference to an offender who is looked after by an authority is to be construed in accordance with Article 25 of that Order, and (c) “parental responsibility” has the same meaning as in that Order. (4) If the court— (a) makes a youth rehabilitation order which imposes a requirement specified in column 1 of the following table, or (b) amends a youth rehabilitation order so as to impose or amend such a requirement, the court must also forthwith provide the person specified in the corresponding entry in column 2 of the table with a copy of so much of the youth rehabilitation order or amending order as relates to the requirement— Requirement | Person to whom copy of requirement is to be given An activity requirement which comprises or includes a specified place obligation. | The person in charge of each place specified under paragraph 3(1)(b) of Schedule 6 An activity requirement which comprises or includes a specified activities obligation. | The person in charge of each activity specified under paragraph 4(1)(b) of Schedule 6 An activity requirement which comprises or includes a specified residential exercise obligation. | The person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6 An attendance centre requirement. | The officer in charge of the attendance centre specified under paragraph 14(2)(a) of Schedule 6 An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender. | The person intended to be protected A residence requirement requiring residence with an individual. | The individual specified under paragraph 22(2)(b) of Schedule 6 A place of residence requirement (within the meaning of paragraph 22 of Schedule 6) relating to residence in an institution. | The person in charge of the institution A mental health treatment requirement. | The person in charge of the institution or place specified under sub-paragraph (3)(b)(i) or (ii) of paragraph 28 of Schedule 6, or the person specified under sub-paragraph (3)(b)(iii) of that paragraph A drug treatment requirement. | The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6 A drug testing requirement. | The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6 An intoxicating substance treatment requirement. | The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6 An education requirement. | The Education Authority established under section 1 of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.)) An electronic monitoring requirement An electronic compliance monitoring requirement. | Any person who by virtue of paragraph 42(1) of Schedule 6 will be responsible for the electronic monitoring Any person without whose consent the requirement could not have been included in the order. An electronic whereabouts monitoring requirement | Any person who by virtue of paragraph 46 of Schedule 6 will be responsible for the electronic monitoring Any person without whose consent the requirement could not be included in the order. (5) This paragraph has effect in place of section 190. PART 4 Effect of order made or amended in accordance with Part 1 of this Schedule Application 12 This Part of this Schedule applies where a youth rehabilitation order is made or amended in accordance with Part 1 of this Schedule. Duty of offender to keep in touch with relevant officer 13 (1) The offender— (a) must keep in touch with the relevant officer in accordance with any instructions the relevant officer may give the offender from time to time, and (b) must notify the relevant officer of any change of address. (2) This obligation has effect as if it were a youth rehabilitation requirement of the youth rehabilitation order. (3) This paragraph has effect in place of section 193. Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction 14 Where the youth rehabilitation order was made or amended by the Crown Court, the Crown Court in Northern Ireland may direct that any proceedings in Northern Ireland in relation to the order be before a court of summary jurisdiction. Effect of the youth rehabilitation order in Northern Ireland 15 (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 the following provisions of this Part of this Schedule. Powers of the home court in respect of the youth rehabilitation order 16 (1) The home court may exercise any relevant local power in relation to the youth rehabilitation order, subject to the following restrictions. (2) A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the legislation that applies in Northern Ireland in relation to such orders. (3) The home court may not discharge or revoke the order. (4) But that does not prevent the home court from exercising a power to revoke the order where— (a) the offender has been convicted of a further offence, and (b) the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose). (5) The home court may not deal with the offender for the offence in respect of which the youth rehabilitation order was made. (6) If the youth rehabilitation order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 18 of Schedule 6) that could not be specified by a court in England and Wales if, applying the relevant assumptions, it were imposing the requirement. (7) For that purpose, “the relevant assumptions” are that the offender— (a) has just been convicted by or before the court in England and Wales of the offence in respect of which the youth rehabilitation order was made, but (b) is the same age as when in fact convicted of the offence. 17 (1) The home court may require the offender to appear before the relevant court in England and Wales if sub-paragraph (2) or (3) applies. (2) This sub-paragraph applies where it appears to the home court upon a complaint being made to a lay magistrate in Northern Ireland that the offender has breached one or more requirements of the order. (3) This sub-paragraph applies where it appears to the home court, on the application of the offender or the relevant officer, that it would be in the interests of justice for any of the following powers to be exercised— (a) a power conferred by Part 3 of Schedule 7 (revocation of order with or without re-sentencing); (b) a power conferred by paragraph 15 of that Schedule (amendment by appropriate court). Breach of requirement: certificate of home court 18 (1) Where the home court requires the offender to appear before the relevant court in England and Wales by virtue of paragraph 17(2) (breach of a requirement of the order) the home court must send the court in England and Wales— (a) a certificate certifying that the offender has breached a requirement of the order specified in the certificate, and (b) such other particulars of the case as may be desirable. (2) A certificate under sub-paragraph (1)(a) purporting to be signed by the clerk of the home court (or, if the home court is the Crown Court in Northern Ireland, by the chief clerk) is admissible as evidence of the breach before the relevant court in England or Wales. Powers of court in England or Wales where offender required to appear under paragraph 17 19 (1) This paragraph applies where under paragraph 17 the home court requires the offender to appear before the relevant court in England and Wales. (2) The relevant court may issue a warrant for the offender's arrest. (3) The relevant court may exercise any power which it could exercise in respect of the youth rehabilitation order if the offender resided in England or Wales. This is subject to paragraph 20. (4) Any enactment relating to the exercise of such powers has effect accordingly, with any reference in it to the responsible officer being read as a reference to the relevant officer. 20 (1) This paragraph applies where— (a) the relevant court in England and Wales is exercising a power to amend a youth rehabilitation order by virtue of paragraph 19(3), and (b) the offender resides in Northern Ireland. (2) The court may not amend the youth rehabilitation order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by— (a) the Probation Board for Northern Ireland, or (b) any other designated body. (3) The court may not impose either of the following requirements— (a) a local authority residence requirement; (b) a fostering requirement. (4) The court may not amend the youth rehabilitation order to impose a locally based requirement unless it appears to the court that— (a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and (b) provision can be made for the offender to comply with the requirement under those arrangements. For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 5. (5) The court may not— (a) impose a requirement, or (b) amend a requirement imposed by the youth rehabilitation order, so that it is imposed in respect of more hours, days or months than the maximum number of hours, days or months in respect of which a court in Northern Ireland could impose a similar requirement in a corresponding order. (6) The following apply in relation to the amendment of the youth rehabilitation order by virtue of paragraph 19(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule— (a) paragraph 7, (b) paragraphs 8 to 17. PART 5 Interpretation 21 (1) For the purposes of this Schedule, in relation to a youth rehabilitation order— “breach”, in relation to a requirement of the order, means a failure to comply with it, and related expressions are to be read accordingly; “corresponding order” means the order specified under paragraph 10(1); “home court” means— a court of summary jurisdiction in Northern Ireland, or 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 14, the Crown Court in Northern Ireland; “supervision” means the performance of supervisory, enforcement and other related functions conferred by the legislation which has effect in Northern Ireland relating to the corresponding order; “the relevant court in England and Wales” means— the court in England and Wales which made or which last amended the order, or if the order was made by the Crown Court and includes a direction under section 189, 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. (2) In this Schedule “designated body” means a body designated for the purposes of this Part of this Schedule by the Secretary of State by regulations. (3) Regulations under sub-paragraph (2) are subject to the negative resolution procedure.
Propose a changeSections 200 and 286 PART 1 Unpaid work requirement Requirement and obligation of offender 1 (1) In this Code “unpaid work requirement”, in relation to a relevant order, means a requirement that the offender must perform unpaid work in accordance with the instructions of the responsible officer as to— (a) the work to be performed, and (b) the times ... at which the offender is to perform it. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Number of hours of unpaid work to be specified in order 2 (1) The number of hours which a person may be required to work under an unpaid work requirement— (a) must be specified in the relevant order, and (b) must, in aggregate, be— (i) not less than 40, and (ii) not more than 300. (2) Sub-paragraph (1)(b)(i) is subject to paragraph 13(4) of Schedule 10 (breach of community order: power to impose unpaid work requirement). (3) Sub-paragraph (4) applies where the court— (a) makes relevant orders in respect of two or more offences of which the offender is convicted on the same occasion, and (b) includes unpaid work requirements in each of them. (4) The court may direct that the hours of work specified in any of those requirements is to be— (a) concurrent with, or (b) additional to, those specified in any other of those orders. But the total number of hours which are not concurrent must not exceed the maximum number (see sub-paragraph (1)(b)(ii)). Restriction on imposing unpaid work requirement 3 (1) A court may not include an unpaid work requirement in a relevant order unless it is satisfied— (a) that the offender is a suitable person to perform work under such a requirement, and (b) 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 offender's home local justice area. (2) In making a decision under sub-paragraph (1)(a), the court must (if it thinks necessary) hear an officer of a provider of probation services. Reduction in number of hours of work required by unpaid work requirement 3A (1) This paragraph applies where— (a) a relevant order is in force, (b) the order includes an unpaid work requirement, (c) the offender has performed the qualifying amount of work in relation to the requirement, (d) the responsible officer is of the view that the offender did not, during the period starting when the order was made and ending when the offender had first performed the qualifying amount of work (“the relevant period”), at any time fail without reasonable excuse to attend for work as required by the officer’s instructions, and (e) during the relevant period the responsible officer did not at any time ask the offender to leave a place of work on the grounds that the offender was not performing work as required by the officer’s instructions. (2) For the purposes of this paragraph “the qualifying amount of work”, in relation to an unpaid work requirement, is 25 per cent of the number of hours of work specified in the relevant order (including a fraction of an hour where necessary). (3) Where this paragraph applies, the number of hours that the offender may be required to work under the requirement is reduced by half an hour for every credit earning hour worked. (4) For the purposes of sub-paragraph (3), the offender works a credit earning hour where the offender performs a whole hour of work under the requirement at any time after the offender has performed the qualifying amount of work in relation to the requirement. (5) But if— (a) the responsible officer is of the view that the offender fails without reasonable excuse to attend for work as required by the officer’s instructions, or (b) the responsible officer asks the offender to leave a place of work on the grounds that the offender is not performing work as required by the officer’s instructions, any work performed by the offender at any time after that failure to attend or request to leave is not to count as all or part of a credit earning hour. (6) Where a relevant order is amended under paragraph 10(5)(b) or 11(2)(b) of Schedule 10, or under paragraph 13(1)(d)(i) of Schedule 16, so as to require the offender to perform additional hours of unpaid work— (a) the requirement to perform those additional hours is to be treated, for the purposes of this paragraph, as imposed under an additional unpaid work requirement that is separate from any unpaid work requirement included in the order before its amendment, and (b) sub-paragraph (3) does not apply in relation to that additional unpaid work requirement. (7) The Secretary of State may by regulations amend this paragraph so as to— (a) vary the percentage for the time being specified in sub-paragraph (2); (b) vary the amount for the time being specified in sub-paragraph (3) as the amount by which the number of hours required to be worked is reduced for each hour worked by the offender; (c) omit sub-paragraph (1)(d) or (e) or (5); (d) provide for restrictions, conditions or exclusions in relation to the application of the paragraph or the reduction in hours required to be worked that results from its application; (e) vary or remove any restrictions, conditions or exclusions provided for by virtue of paragraph (d). (8) Regulations under sub-paragraph (7)— (a) may make consequential amendments (including amendments of primary legislation); (b) are subject to the affirmative resolution procedure. PART 2 Probation requirement Requirement 4 (1) In this Code “probation requirement”, in relation to a relevant order, means a requirement that, during the relevant period, the offender must comply with any instructions given by the responsible officer to do either or both of the following— (a) attend appointments; (b) participate in activities. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In this paragraph “the relevant period” means— (a) in relation to a community order, the period for which the community order remains in force, and (b) in relation to a suspended sentence order, the supervision period. Instructions given by responsible officer 5 (1) Any instructions given by the responsible officer pursuant to the probation requirement must be given with a view to promoting the offender's rehabilitation. (2) Sub-paragraph (1) does not prevent the responsible officer giving instructions with a view to other purposes in addition to rehabilitation. (3) The responsible officer may instruct the offender to attend appointments with the responsible officer or with someone else. (4) The responsible officer, when instructing the offender to participate in activities, may require the offender— (a) to participate in specified activities and, while doing so, comply with instructions given by the person in charge of the activities, or (b) to go to a specified place and, while there, comply with any instructions given by the person in charge of the place. (5) The references in sub-paragraph (4)(a) and (b) to instructions given by a person include instructions given by anyone acting under the person's authority. (6) The activities that a responsible officer may instruct the offender to participate in include— (a) activities forming an accredited programme (see paragraph 6(2)); (b) activities whose purpose is reparative, such as restorative justice activities. (7) For the purposes of sub-paragraph (6)(b), an activity is a restorative justice activity if— (a) the participants consist of, or include, the offender and any victim or victims, (b) the aim of the activity is to maximise the offender's awareness of the impact of the offending concerned on the victims, and (c) the activity gives a victim or victims an opportunity to talk about, or by other means express experience of, the offending and its impact. (8) In sub-paragraph (7) “victim” means a victim of, or other person affected by, the offending concerned. (9) Where compliance with an instruction would require the co-operation of a person other than the offender, the responsible officer may give the instruction only if that person agrees. PART 3 Programme requirement 6 (1) In this Code “programme requirement”, in relation to a relevant order, means a requirement that the offender must— (a) in accordance with instructions given by the responsible officer participate in an accredited programme at a particular place, and (b) while at that place, comply with instructions given by, or under the authority of, the person in charge of the programme. (2) In this Code “accredited programme” means a programme that is for the time being accredited by the Secretary of State for the purposes of this paragraph. (3) Any programme that immediately before 1 May 2008 was accredited for the purposes of section 202 of the Criminal Justice Act 2003 is treated as accredited by the Secretary of State for the purposes of this paragraph. (4) In this paragraph “programme” means a systematic set of activities. (5) Where a relevant order includes a programme requirement— (a) the order must specify the number of days on which the offender is to be required to participate in an accredited programme under the requirement; (b) it is for the responsible officer to specify— (i) the accredited programme in which the offender is to participate, and (ii) the place at which the offender is to do so. PART 4 Prohibited activity requirement Requirement 7 (1) In this Code “prohibited activity requirement”, in relation to a relevant order, means a requirement that the offender must refrain from participating in activities— (a) on one or more particular days, or (b) for a particular period. (2) Where the court makes a relevant order imposing a prohibited activity requirement, the following must be specified in the order— (a) the activities from which the offender must refrain; (b) the day or days on which, or the period for which, the offender must refrain from those activities. (3) A prohibited activity requirement may, in particular, include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968. Restriction on imposing prohibited activity requirement 8 A court may not include a prohibited activity requirement in a relevant order unless it has consulted an officer of a provider of probation services. Part 4A Driving prohibition requirement 8A (1) In this Code “driving prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from driving a motor vehicle on a road or other public place. (2) A driving prohibition requirement may prohibit the offender— (a) from driving at any time in a particular period or at particular times in a particular period; (b) from driving any motor vehicle or a motor vehicle of a particular kind; (c) from driving on any road or other public place or on a road or other public place in a particular area. (3) Where the court makes a relevant order imposing a driving prohibition requirement, the following must be specified in the order— (a) the period for which the requirement has effect; (b) if the order prohibits the offender from driving at particular times, those times; (c) if the order prohibits the offender from driving a motor vehicle of a particular kind, that kind of motor vehicle; (d) if the order prohibits the offender from driving on a road or other public place in a particular area, that area. (4) A court may impose a driving prohibition requirement whether or not the offence to which the order relates involved— (a) the driving of a motor vehicle, or (b) the use of a motor vehicle to commit the offence. (5) In this paragraph— “motor vehicle” has the same meaning as in the Road Traffic Act 1988 except that for this purpose section 189(1) of that Act is to be read as if paragraph (c) (certain electrically assisted pedal cycles not to be treated as motor vehicles) were omitted; “road” has the same meaning as in the Road Traffic Act 1988 (see section 192 of that Act). Part 4B Public event attendance prohibition requirement 8B (1) In this Code “public event attendance prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from attending a public event. (2) A public event attendance prohibition requirement may prohibit the offender from attending a public event at any time in a particular period or at particular times in a particular period. (3) A public event attendance prohibition requirement may prohibit the offender from attending— (a) a particular public event, (b) a public event of a particular kind, or (c) any public event. (4) Where the court makes a relevant order imposing a public event attendance prohibition requirement, the following must be specified in the order— (a) the period for which the requirement has effect; (b) if the order prohibits the offender from attending a public event at particular times, those times; (c) if the order prohibits the offender from attending a particular event, that public event; (d) if the order prohibits the offender from attending a public event of a particular kind, that kind of public event. (5) In this paragraph “public event” means any event to which the public or a section of the public has access, whether on payment or otherwise. Part 4C Drinking establishment entry prohibition requirement 8C (1) In this Code “drinking establishment entry prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from entering a drinking establishment. (2) A drinking establishment entry prohibition requirement may prohibit the offender from entering a drinking establishment at any time in a particular period or at particular times in a particular period. (3) A drinking establishment entry prohibition requirement may prohibit the offender from entering— (a) a particular drinking establishment, (b) a drinking establishment of a particular kind, or (c) any drinking establishment. (4) Where the court makes a relevant order imposing a drinking establishment entry prohibition requirement, the following must be specified in the order— (a) the period for which the requirement has effect; (b) if the order prohibits the offender from entering a drinking establishment at particular times, those times; (c) if the order prohibits the offender from entering a particular drinking establishment, that drinking establishment; (d) if the order prohibits the offender from entering a drinking establishment of a particular kind, that kind of drinking establishment. (5) In this paragraph “drinking establishment” means— (a) any premises or part of premises used principally for the sale of alcohol to the public or a section of the public, for consumption on the premises or part of premises, where the sale is not made subject to a condition that a person reside at, or consume food on, the premises, or (b) any premises— (i) that are open to the public or a section of the public for the purposes of entertainment, (ii) that are, for those purposes, open for any continuous period of time beginning at any time on a day and not ending at or before midnight on that day, and (iii) on which the sale of alcohol to the public or a section of the public for consumption on the premises takes place. PART 5 Curfew requirement Requirement 9 (1) In this Code “curfew requirement”, in relation to a relevant order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place. (2) A relevant order which imposes a curfew requirement must specify— (a) the curfew periods, and (b) the place at which the offender must remain for each curfew period. (3) Different places or different curfew periods may be specified for different days. (4) The curfew periods specified must amount to— (a) not less than 2 hours in any day, ... (b) not more than the relevant number of hours in any day , and (c) not more than 112 hours in any period of 7 days beginning with the day of the week on which the requirement first takes effect. (4A) In sub-paragraph (4) “the relevant number of hours” means— (a) in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, 16 hours, and (b) in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, 20 hours. (5) The specified curfew periods must fall within the relevant period beginning with the day on which the requirement first takes effect. (6) In sub-paragraph (5) “the relevant period” means— (a) in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the period of 12 months, and (b) in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, the period of 2 years. Requirements where court imposes curfew requirement 10 (1) Before making a relevant order imposing a curfew requirement, the court must obtain and consider information about each place proposed to be specified in the order. (2) That information must include information as to the attitude of persons likely to be affected by the offender's enforced presence there. (3) Where the court makes a relevant order imposing a curfew requirement it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless— (a) it is prevented from doing so by— (i) paragraph 33 (consent of person whose co-operation is required), or (ii) paragraph 34(1) (arrangements in relevant area), or (b) in the particular circumstances of the case, it considers it inappropriate to do so. Power of responsible officer to vary curfew requirement 10A (1) This paragraph applies where— (a) a relevant order is in force, (b) the order is in respect of an offence of which the offender was convicted on or after the day on which section 151 of the Police, Crime, Sentencing and Courts Act 2022 came into force, (c) the order includes a curfew requirement imposed under paragraph 9, and (d) the responsible officer considers that the variation condition is met. (2) The variation condition is met if, having regard to a change in the offender’s circumstances since the relevant order was made, it is appropriate to— (a) vary the start time of any of the curfew periods; (b) vary the relevant place in relation to any of those periods. (3) The responsible officer may, with the consent of the offender, give the offender notice (a “variation notice”) specifying— (a) the new start time of such of the curfew periods as are specified in the notice; (b) the new relevant place for such of the curfew periods as are so specified. (4) The effect of a variation notice is to vary the relevant order as specified in the notice, with effect from the date so specified. (5) A variation notice may specify different variations of the start time, or of the relevant place, for different days. (6) Before giving a variation notice containing provision pursuant to sub-paragraph (3)(b), the responsible officer must obtain and consider information about each place proposed to be specified in the notice. (7) That information must include information as to the attitude of persons likely to be affected by the offender’s enforced presence there. (8) A variation notice must not— (a) vary the length of any of the offender’s curfew periods; (b) in a case where the relevant order includes a residence requirement under paragraph 13, vary the relevant place in a way that is inconsistent with that requirement; (c) make any variation prohibited by sub-paragraph (9). (9) A variation is prohibited by this sub-paragraph if— (a) the relevant order concerned includes an electronic compliance monitoring requirement imposed under paragraph 10(3) (a “monitoring requirement”), and (b) the responsible officer considers that, if the court had made the relevant order imposing the curfew requirement as varied by the variation, the court— (i) would not have imposed the monitoring requirement, or (ii) would have imposed a different monitoring requirement. (10) The responsible officer must give the appropriate court— (a) a copy of a variation notice given under this paragraph, and (b) evidence of the offender’s consent to the notice. (11) In this paragraph— (a) “appropriate court”— (i) in relation to a community order, has the same meaning as in Schedule 10 (see paragraph 1 of that Schedule); (ii) in relation to a suspended sentence order, has the same meaning as in Schedule 16 (see paragraph 1 of that Schedule); (b) “curfew periods”, in relation to a relevant order, means the periods specified in the order under paragraph 9(2)(a); (c) “relevant place”, in relation to a curfew period, means the place specified under paragraph 9(2)(b) at which the offender is required to remain for that period; (d) “start time”, in relation to a curfew period, means the time at which the period is required to start pursuant to the relevant order. PART 6 Exclusion requirement Requirement 11 (1) In this Code “exclusion requirement”, in relation to a relevant order, means a provision prohibiting the offender from entering a particular place (the “prohibited place”) for a particular period (the “exclusion period”). (2) A relevant order which imposes an exclusion requirement must specify— (a) the prohibited place, and (b) the exclusion period. (3) A relevant order may specify— (a) more than one prohibited place; (b) more than one exclusion period; (c) different prohibited places for different exclusion periods or different days. (4) If the relevant order is a community order— (a) the exclusion period must not be more than 2 years beginning with the day on which the requirement first takes effect; (b) if the order specifies more than one exclusion period, each of the exclusion periods must fall within that 2 year period. (5) A prohibited place may be an area. Requirement where court imposes exclusion requirement 12 Where the court makes a relevant order imposing an exclusion requirement it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless— (a) it is prevented from doing so by— (i) paragraph 33 (consent of person whose co-operation is required), or (ii) paragraph 34(1) (arrangements in relevant area), or (b) in the particular circumstances of the case, it considers it inappropriate to do so. PART 7 Residence requirement Requirement 13 (1) In this Code “residence requirement”, in relation to a relevant order, means a requirement that, for a particular period (“the required period”), the offender must reside— (a) at a particular place (“the required place”), or (b) if the order so permits, at the required place or, with the prior approval of the responsible officer, at some other place. (2) A relevant order imposing a residence requirement must specify— (a) the required place, (b) the required period, and (c) if the offender is to be permitted to reside at some other place with the prior approval of the responsible officer, that fact. (3) A hostel or other institution may not be specified as the required place, except on the recommendation of an officer of a provider of probation services. Requirement where court imposes residence requirement 14 Before making a relevant order containing a residence requirement, the court must consider the home surroundings of the offender. PART 8 Foreign travel prohibition requirement 15 (1) In this Code “foreign travel prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from travelling, on a particular day or days, or for a particular period, to a particular country or territory (or particular countries or territories) outside the British Islands. (2) A relevant order which imposes a foreign travel prohibition requirement must specify— (a) the day or days, or the period, for which the prohibition is to operate, and (b) the area in relation to which the prohibition is to operate. (3) A day specified under sub-paragraph (2)(a) must fall within the period of 12 months beginning with the day on which the requirement takes effect. (4) A period specified under that sub-paragraph may not exceed 12 months beginning with the day on which the requirement takes effect. (5) The area specified under sub-paragraph (2)(b) may be— (a) a particular country or territory outside the British Islands specified or described in the order, (b) all countries and territories outside the British Islands other than a country or territory specified or described in the order, or (c) all countries and territories outside the British Islands. PART 9 Mental health treatment requirement Requirement 16 (1) In this Code “mental health treatment requirement”, in relation to a relevant order, means a requirement that the offender must submit, during a particular period or particular periods, to mental health treatment, which may be— (a) in-patient treatment, (b) institution-based out-patient treatment, or (c) practitioner-based treatment. (2) For this purpose— “mental health treatment”, in relation to an offender, means treatment which is— by or under the direction of a registered medical practitioner or registered psychologist, and with a view to improvement of the offender's mental condition; “in-patient treatment” means treatment as a resident patient in— a care home, an independent hospital, or a hospital within the meaning of the Mental Health Act 1983, but not in hospital premises where high security psychiatric services are provided; “institution-based out-patient treatment” means treatment as a non-resident patient at a particular institution or place; “practitioner-based treatment” means treatment by or under the direction of a particular registered medical practitioner or registered psychologist (or both). (3) A relevant order which imposes a mental health treatment requirement must specify— (a) the period or periods during which the offender is required to submit to mental health treatment, and (b) for each of those periods— (i) if the mental health treatment is to be in-patient treatment, the care home or hospital at which it is to be provided; (ii) if it is to be institution-based out-patient treatment, the institution or place at which it is to be provided; (iii) if it is to be practitioner-based treatment, the registered medical practitioner or registered psychologist (or both) by whom or under whose direction it is to be provided; but may not otherwise specify the nature of the treatment. (4) Different treatment may be specified for different periods. (5) In this paragraph— “care home” means— a care home in England within the meaning of the Care Standards Act 2000; a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided; “high security psychiatric services” has the same meaning as in the Mental Health Act 1983; “independent hospital”— in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; in relation to Wales, has the same meaning as in the Care Standards Act 2000; “registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists. (6) While an offender is under treatment which is in-patient treatment in pursuance of a mental health treatment requirement of a relevant order, the responsible officer is to carry out the supervision of the offender only to the extent necessary for the purpose of revocation or amendment of the order. Restrictions on imposing mental health treatment requirement 17 (1) A court may not include a mental health treatment requirement in a relevant order unless the following conditions are met— (a) the need for treatment condition, (b) the arrangements condition, and (c) the consent condition. (2) The need for treatment condition is that the court is satisfied that the mental condition of the offender— (a) requires treatment, (b) may be susceptible to treatment, and (c) does not warrant the making of a hospital order or guardianship order within the meaning of the Mental Health Act 1983. (3) The arrangements condition is that the court is satisfied that arrangements— (a) have been made, or (b) can be made, for the treatment intended to be specified in the order. Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to in-patient treatment (see paragraph 16(2)). (4) The consent condition is that the offender has expressed willingness to comply with the requirement. Alternative arrangements for mental health treatment made by practitioner 18 (1) This paragraph applies where— (a) an offender is being treated in pursuance of a mental health treatment requirement, and (b) the treatment practitioner considers that part of the treatment can be better or more conveniently given in or at an institution or place— (i) which is not specified in the relevant order, and (ii) where the treatment will be given by or under the direction of a registered medical practitioner or registered psychologist. (2) The treatment practitioner may make arrangements (“alternative arrangements”) for the offender to be treated accordingly. (3) Alternative arrangements may be made only if the offender has expressed willingness for the treatment to be given under those arrangements. (4) Alternative arrangements may provide for the offender to receive part of the treatment as a resident patient in an institution or place which could not have been specified for that purpose in the relevant order. (5) Where alternative arrangements are made— (a) the treatment for which the alternative arrangements provide is to be deemed to be treatment to which the offender must submit in pursuance of the mental health treatment requirement, and (b) the treatment practitioner must give a notice in writing to the offender's responsible officer, specifying the institution or place where that treatment is to be carried out. (6) In this paragraph— “registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists; “treatment practitioner” means the medical practitioner or registered psychologist by or under whose direction the offender is being treated in pursuance of the mental health treatment requirement. PART 10 Drug rehabilitation requirement Requirement 19 (1) In this Code “drug rehabilitation requirement”, in relation to a relevant order, means a requirement that during a period specified in the order (“the treatment and testing period”) the offender— (a) must submit to drug rehabilitation treatment, which may be resident treatment or non-resident treatment, and (b) for the purpose of ascertaining whether there is any drug in the offender's body during that period, must provide samples in accordance with directions given by— (i) the responsible officer, or (ii) the treatment director. (2) In this paragraph— “drug rehabilitation treatment”, in relation to an offender, means treatment which is— by or under the direction of a person who has the necessary qualifications or experience, and with a view to the reduction or elimination of the offender's dependency on or propensity to misuse drugs; “resident treatment” means treatment as a resident in an institution or place; “non-resident treatment” means treatment as a non-resident at an institution or place; “the treatment director” means the person by or under whose direction the treatment is to be provided. (3) Sub-paragraphs (4) to (7) apply to a relevant order which imposes a drug rehabilitation requirement. (4) The order may specify separate periods which together comprise the drug treatment and testing period. (5) The order must specify, for each treatment period— (a) the treatment director; (b) if the treatment is to be resident treatment, the institution or place where it is to be provided; (c) if it is to be non-resident treatment— (i) the institution or place where it is to be provided, and (ii) the intervals at which it is to be provided; but must not otherwise specify the nature of the treatment. (6) In sub-paragraph (5), “treatment period” means— (a) if the order specifies separate periods under sub-paragraph (4), any of those periods; (b) otherwise, the drug treatment and testing period. (7) The order— (a) must provide that if, by virtue of sub-paragraph (1)(b), the offender provides samples to a person other than the responsible officer, the results of tests carried out on the samples are to be communicated to the responsible officer; (b) may make further provision about the provision of samples by virtue of sub-paragraph (1)(b) (which may include provision that directions, or directions of particular kinds, are to be given only by the responsible officer or only by the treatment director). (8) The power for the responsible officer or treatment director to give directions by virtue of sub-paragraph (1)(b) about the provision of samples— (a) is a power to give directions as to— (i) the type of samples to be provided, and (ii) the times at which, or circumstances in which, they are to be provided, (b) is subject to any provision made by the order, and (c) is to be exercised in accordance with guidance issued by the Secretary of State. (9) The Secretary of State may revise any guidance issued under sub-paragraph (8)(c). (10) In this paragraph and paragraph 20 “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971. Restriction on imposing drug rehabilitation requirement 20 (1) A court may not impose a drug rehabilitation requirement unless the following conditions are met— (a) the need for treatment condition, (b) the arrangements condition, (c) the suitability condition, and (d) the consent condition. (2) The need for treatment condition is that the court is satisfied— (a) that the offender— (i) is dependent on drugs, or (ii) has a propensity to misuse drugs, and (b) that the offender's dependency or propensity— (i) requires treatment, and (ii) may be susceptible to treatment. (3) The arrangements condition is that the court is satisfied that arrangements— (a) have been made, or (b) can be made, for the treatment intended to be specified in the order. Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to resident treatment (within the meaning given in paragraph 19(2)). (4) The suitability condition is that the requirement has been recommended to the court as being suitable for the offender by an officer of a provider of probation services. (5) The consent condition is that the offender expresses willingness to comply with the requirement. Drug rehabilitation requirement: provision for review by court 21 (1) A relevant order imposing a drug rehabilitation requirement— (a) must include provision for review if the treatment and testing period is more than 12 months, and (b) may do so in any other case. (2) For this purpose, “provision for review” means provision— (a) for the requirement to be reviewed periodically at intervals of not less than one month, (b) for each review of the requirement to be made at a hearing held for the purpose by the responsible court (a “review hearing”), (c) requiring the offender to attend each review hearing, (d) requiring a written report on the offender's progress under the requirement to be made by an officer of a provider of probation services to the responsible court before each review hearing, and (e) requiring each such report to include— (i) the test results communicated to the responsible officer under paragraph 19(7) or otherwise, and (ii) the views of the treatment provider as to the treatment and testing of the offender. (3) Paragraphs (b) and (c) of sub-paragraph (2) are subject to paragraph 22(6) (hearing not necessary for review). (4) In this paragraph, “the responsible court”, in relation to a relevant order imposing a drug rehabilitation requirement, means— (a) if a court is specified as the responsible court under sub-paragraph (5), that court; (b) otherwise, the court which made the order. (5) Where— (a) a magistrates' court makes a relevant order imposing a drug rehabilitation requirement, and (b) the area for which the court acts is not the offender's home local justice area, the court may specify in the order a magistrates' court which acts in the offender's home local justice area as the responsible court. (6) For the purposes of sub-paragraph (4)(b), a relevant order imposing a drug rehabilitation requirement which is made on an appeal— (a) from the Crown Court, or (b) from the Court of Appeal, is to be treated as having been made by the Crown Court. (7) Nothing in this paragraph or paragraph 22 applies in relation to— (a) a community order that qualifies for special procedures for the purposes of section 217A, or (b) a suspended sentence order that qualifies for special procedures for the purposes of section 293A. Periodic review of drug rehabilitation requirement 22 (1) This paragraph applies in relation to a relevant order which imposes a drug rehabilitation requirement that is subject to review. (2) At a review hearing the court may, after considering the officer's report referred to in paragraph 21(2)(d) (“the review officer's report”), amend the relevant order, so far as it relates to the drug rehabilitation requirement. (3) The court— (a) may not amend the drug rehabilitation requirement unless the offender expresses willingness to comply with the requirement as amended, and (b) except with the consent of the offender, may not amend any requirement or provision of the order while an appeal against the order is pending. (4) If the offender fails to express willingness to comply with the drug rehabilitation requirement as proposed to be amended by the court, the court may— (a) revoke the community order, or the suspended sentence order and the suspended sentence to which it relates, and (b) re-sentence the offender. (5) In dealing with the offender under sub-paragraph (4)(b), the court— (a) must take into account the extent to which the offender has complied with the requirements of the order, and (b) may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restrictions on imposing discretionary custodial sentences). (6) Where at a review hearing the court— (a) has considered the review officer's report, and (b) is of the opinion that the offender's progress under the requirement is satisfactory, the court may amend the order so that it provides for each subsequent review to be made by the court without a hearing. (7) Where at a review without a hearing the court— (a) has considered the review officer's report, and (b) is of the opinion that the offender's progress under the requirement is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place. (8) At that hearing the court, after considering that report, may— (a) exercise the powers conferred by this paragraph as if the hearing were a review hearing, and (b) amend the order so that it provides for each subsequent review to be made at a review hearing. (9) In this paragraph— “responsible court” has the same meaning as in paragraph 21; “review hearing” has the meaning given by paragraph 21(2)(b). (10) In relation to a review without a hearing, a reference in this paragraph to the court is to be read— (a) in the case of the Crown Court, as a reference to a judge of the court; (b) in the case of a magistrates' court, as a reference to a justice of the peace. (11) If an officer of a provider of probation services is of the opinion that the order should be amended so as to provide for each subsequent review to be made— (a) without a hearing instead of at a review hearing, or (b) at a review hearing instead of without a hearing, the officer must apply under paragraph 18 of Schedule 10 (amendment of requirements of community order) or paragraph 25 of Schedule 16 (amendment of community requirements of suspended sentence order) to the responsible court for the order to be amended. PART 10A Drug testing requirement Requirement 22A (1) In this Code, “drug testing requirement”, in relation to a relevant order, means a requirement that during a period specified in the order, the offender must, for the purpose of ascertaining whether there is any drug or psychoactive substance in the offender’s body during that period, provide samples in accordance with directions given by the responsible officer. (2) The order— (a) must provide that if the offender provides samples to a person other than the responsible officer, the results of the tests carried out on the samples are to be communicated to the responsible officer; (b) may make provision about the provision of samples by virtue of sub-paragraph (1). (3) The power of the responsible officer to give directions by virtue of sub-paragraph (1) about the provision of samples— (a) is a power to give directions as to— (i) the type of samples to be provided, and (ii) the times at which, or circumstances in which, they are to be provided, (b) is subject to any provision made by the order, and (c) is to be exercised in accordance with guidance issued by the Secretary of State. (4) The Secretary of State may revise any guidance issued under sub-paragraph (3)(c). (5) In this paragraph and paragraph 22B— “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971; “psychoactive substance” has the meaning given by section 2(1) of the Psychoactive Substances Act 2016. Restrictions on imposing drug testing requirement 22B (1) A court may not impose a drug testing requirement unless the following conditions are met— (a) the misuse condition, and (b) the availability of arrangements condition. (2) The misuse condition is that the court is satisfied that the offender’s misuse of a drug or psychoactive substance— (a) caused or contributed to the offence to which the order relates or an associated offence, or (b) is likely to cause or contribute to the commission of further offences by the offender. (3) The availability of arrangements condition is that the court has been notified by the Secretary of State that arrangements for implementing drug testing requirements are available in the offender’s home local justice area (and the notice has not been withdrawn). PART 11 Alcohol treatment requirement Requirement 23 (1) In this Code “alcohol treatment requirement”, in relation to a relevant order, means a requirement that during a period specified in the order the offender must submit to alcohol dependency treatment, which may be— (a) resident treatment, (b) institution-based treatment, or (c) practitioner-based treatment. (2) In this paragraph— “alcohol dependency treatment”, in relation to an offender, means treatment which is— by or under the direction of a person who has the necessary qualifications or experience (“the treatment director”), and with a view to reducing or eliminating the offender's dependency on alcohol; “resident treatment” means treatment as a resident in an institution or place; “institution-based treatment” means treatment as a non-resident at an institution or place; “practitioner-based treatment” means treatment by or under the direction of the treatment director. (3) Sub-paragraphs (4) and (5) apply to a relevant order which imposes an alcohol treatment requirement. (4) The order may specify separate periods comprising the period specified under sub-paragraph (1). (5) For each treatment period, the order must specify— (a) the treatment director; (b) whether the alcohol dependency treatment is to be resident treatment, institution-based treatment or practitioner-based treatment; (c) if it is to be resident treatment, the institution or place where it is to be provided; (d) if it is to be institution-based treatment— (i) the institution or place where it is to be provided, and (ii) the intervals at which it is to be provided; but must not otherwise specify the nature of the treatment. (6) In sub-paragraph (5), “treatment period” means— (a) if the order specifies separate periods under sub-paragraph (4), any of those periods; (b) otherwise, the period specified under sub-paragraph (1). Restrictions on imposing alcohol treatment requirement 24 (1) A court may not impose an alcohol treatment requirement unless the following conditions are met— (a) the need for treatment condition, (b) the arrangements condition, and (c) the consent condition. (2) The need for treatment condition is that the court is satisfied— (a) that the offender is dependent on alcohol, and (b) that the offender's dependency— (i) requires treatment, and (ii) may be susceptible to treatment. (3) The arrangements condition is that the court is satisfied that arrangements— (a) have been made, or (b) can be made, for the treatment intended to be specified in the order. Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to treatment as a resident. (4) The consent condition is that the offender expresses willingness to comply with the requirement. PART 12 Alcohol abstinence and monitoring requirement Requirement 25 (1) In this Code “alcohol abstinence and monitoring requirement”, in relation to a relevant order, means a requirement that, during a particular period (“the abstinence and monitoring period”), the offender— (a) must— (i) abstain from consuming alcohol, or (ii) not consume alcohol so that at any time during the abstinence and monitoring period there is more than a particular level of alcohol in the offender's body, and (b) must submit to monitoring in accordance with particular arrangements for the purpose of ascertaining whether the offender is complying with provision under paragraph (a). Paragraph (a) is subject to sub-paragraph (3). (2) A relevant order that includes an alcohol abstinence and monitoring requirement must specify— (a) the abstinence and monitoring period; (b) if the order imposes a requirement falling within sub-paragraph (1)(a)(ii), the level of alcohol; (c) the arrangements for monitoring. (3) A relevant order that includes an alcohol abstinence and monitoring requirement may specify exceptions from any requirement imposed under sub-paragraph (1)(a); if it does so the requirement has effect subject to those exceptions. (4) The abstinence and monitoring period must be— (a) if a minimum period is prescribed under sub-paragraph (7)(a), not less than that minimum period, and (b) not more than 120 days. (5) The level of alcohol specified under sub-paragraph (2)(b) must be the level prescribed under sub-paragraph (7)(b). (6) The arrangements for monitoring specified under sub-paragraph (2)(c) must be consistent with those prescribed by regulations under sub-paragraph (7)(c). (7) The Secretary of State may by regulations prescribe— (a) a minimum period as the abstinence and monitoring period; (b) a level of alcohol for the purposes of sub-paragraph (1)(a)(ii); (c) arrangements for monitoring for the purposes of sub-paragraph (1)(b). (8) Regulations under sub-paragraph (7)(b) may prescribe a level— (a) by reference to the proportion of alcohol in any one or more of an offender's breath, blood, urine or sweat, or (b) by some other means. (9) Regulations under sub-paragraph (7)(c) may in particular prescribe— (a) arrangement for monitoring by electronic means; (b) arrangements for monitoring by other means of testing. (10) Regulations under sub-paragraph (7) are subject to the negative resolution procedure. (11) In this paragraph and paragraph 26, “alcohol” includes anything containing alcohol. Restriction on imposing alcohol abstinence and monitoring requirement 26 (1) A relevant order may not include both— (a) an alcohol treatment requirement, and (b) an alcohol abstinence and monitoring requirement. (2) A court may not include an alcohol abstinence and monitoring requirement in a relevant order unless the following conditions are met— (a) the relevance of alcohol condition, (b) the non-dependency condition, and (c) the availability of arrangements condition. (3) The relevance of alcohol condition is that— (a) the offender's consumption of alcohol is an element of the offence for which the order is to be imposed or of an associated offence, or (b) the court is satisfied that the offender's consumption of alcohol was a factor that contributed to the commission of that offence or to an associated offence. (4) The non-dependency condition is that the court is satisfied that the offender is not dependent on alcohol. (5) The availability of arrangements condition is that the court has been notified by the Secretary of State that arrangements for monitoring of the kind to be specified in the relevant order are available in the offender's home local justice area (and the notice has not been withdrawn). PART 13 Attendance centre requirement : offenders convicted before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force Requirement 27 (1) In this Code “attendance centre requirement”, in relation to a relevant order, means a requirement that the offender must attend at an attendance centre for a particular number of hours. (2) A relevant order which imposes an attendance centre requirement must specify the aggregate number of hours for which the offender may be required to attend at an attendance centre (3) That number must be— (a) not less than 12, and (b) not more than 36. (4) The attendance centre at which the offender is required to attend is to be notified to the offender by the responsible officer from time to time. (5) When choosing an attendance centre the responsible officer must consider— (a) the accessibility of the attendance centre to the offender, having regard to the means of access available to the offender and any other circumstances, and (b) the description of persons for whom it is available. (6) 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. (7) The subsequent hours are to be fixed by the officer in charge of the centre, having regard to the offender's circumstances. (8) The offender may not be required under this paragraph to attend at an attendance centre— (a) more than once on any day, or (b) for more than 3 hours at a time. (9) A requirement under this paragraph to attend at an attendance centre for any period on any occasion operates as a requirement, for that period, to engage in occupation, or receive instruction, whether at the centre or elsewhere— (a) under the supervision of the officer in charge of the centre, and (b) in accordance with instructions given by, or under the authority of, that officer. Restriction on imposing attendance centre requirement 28 A court may not impose an attendance centre requirement in a relevant order unless the court— (a) has been notified by the Secretary of State that an attendance centre is available for persons of the offender's description (and the notice has not been withdrawn), and (b) is satisfied that an attendance centre which is available for persons of the offender's description is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances. PART 14 Electronic monitoring Electronic compliance monitoring requirement 29 (1) In this Code “electronic compliance monitoring requirement”, in relation to a relevant order, means a requirement for securing the electronic monitoring of the offender's compliance with other requirements imposed by the order during a period (“the monitoring period”)— (a) specified in the order, or (b) determined by the responsible officer in accordance with the relevant order. (2) Sub-paragraph (3) applies where the responsible officer is to determine the monitoring period in accordance with the relevant order. (3) Before it begins, the responsible officer must notify the following people of when the monitoring period is to begin— (a) the offender, (b) the person responsible for the monitoring, and (c) any person falling within paragraph 33(b). (4) An electronic compliance monitoring requirement may not be imposed for securing the electronic monitoring of the offender's compliance with an alcohol abstinence and monitoring requirement. (5) But that does not prevent an order which imposes an alcohol abstinence and monitoring requirement from including an electronic compliance monitoring requirement for securing the electronic monitoring of the offender's compliance with any other requirement. Electronic whereabouts monitoring requirement 30 In this Code “electronic whereabouts monitoring requirement”, in relation to a relevant order, means a requirement to submit to electronic monitoring of the offender's whereabouts (otherwise than for the purpose of monitoring the offender's compliance with any other requirement included in the order) during a period specified in the order. Electronic monitoring: person responsible for monitoring 31 (1) A relevant order which includes an electronic monitoring requirement must include provision for making a person responsible for the monitoring. (2) The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State. Electronic monitoring: general 32 Where a relevant order imposes an electronic monitoring requirement, the offender must (in particular)— (a) submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to— (i) being fitted with, or installation of, any necessary apparatus, and (ii) inspection or repair of any apparatus fitted or installed for the purposes of the monitoring, (b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and (c) take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring. Restriction on imposing electronic monitoring: general 33 Where— (a) it is proposed to include in a relevant order an electronic monitoring requirement, but (b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring, the requirement may not be included in the order without that person's consent. Restriction on imposing an electronic compliance monitoring requirement 34 (1) A court may not include an electronic compliance monitoring requirement in a relevant order in respect of an offender unless— (a) the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area (see sub-paragraphs (2) to (4)) (and the notice has not been withdrawn), and (b) the court is satisfied that the necessary provision can be made under those arrangements. (2) In the case of a relevant order containing— (a) a curfew requirement, or (b) an exclusion requirement, the relevant area is the area in which the place proposed to be specified in the order is situated. For this purpose, “place”, in relation to an exclusion requirement, has the same meaning as in paragraph 11. (3) In the case of a relevant order containing an attendance centre requirement, the relevant area is an area in which there is an attendance centre which is available for persons of the offender's description and which the court is satisfied is reasonably accessible to the offender. (4) In the case of any other relevant order, the relevant area is the local justice area proposed to be specified in the order. Restriction on imposing electronic whereabouts monitoring requirement 35 A court may not include an electronic whereabouts monitoring requirement in a relevant order in respect of an offender unless— (a) the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order (and the notice has not been withdrawn), (b) the court is satisfied that— (i) the offender can be fitted with any necessary apparatus under the arrangements currently available, and (ii) any other necessary provision can be made under those arrangements, and (c) the court is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.
Propose a change