Legislation – Criminal Justice and Immigration Act 2008
Changes to legislation:
Criminal Justice and Immigration Act 2008, SCHEDULE 7 is up to date with all changes known to be in force on or before 30 March 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 7:
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
- Sch. 7 para. 5(1) words added by 2008 c. 25 Sch. 1 para. 90(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
SCHEDULE 7Youth default orders: modification of provisions applying to youth rehabilitation orders
General
1
Any reference to the offender is, in relation to a youth default order, to be read as a reference to the person in default; and any reference to the time when the offender is convicted is to be read as a reference to the time when the order is made.
Unpaid work requirement
2
F1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
“(a)
not less than 20, and
(b)
in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
TABLE
Amount
Number of hours
An amount not exceeding £200
40
An amount exceeding £200 but not exceeding £500
60
An amount exceeding £500
100”.
F3(3)
In its application to a youth default order, subsection (3) of section 198 of the Sentencing Code (when a youth rehabilitation order is in force) has effect subject to section 39(7)(a) of the Criminal Justice and Immigration Act 2008.
Attendance centre requirement
3
(1)
In its application to a youth default order, F4paragraph 14 of Schedule 6 to the Sentencing Code (attendance centre requirement) is modified as follows.
(2)
F5Sub-paragraph (3) has effect as if—
(a)
“F6… in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
TABLE
Amount
Number of hours
An amount not exceeding £250
8
An amount exceeding £250 but not exceeding £500
14
An amount exceeding £500
24”,
(b)
“F7… in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
TABLE
Amount
Number of hours
An amount not exceeding £250
8
An amount exceeding £250 but not exceeding £500
14
An amount exceeding £500
24”,
(c)
“F8… in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
TABLE
Amount
Number of hours
An amount not exceeding £250
8
An amount exceeding £250 but not exceeding £500
10
An amount exceeding £500
12”.
Curfew requirement
4
(1)
In its application to a youth default order, F9paragraph 18 of Schedule 6 to the Sentencing Code (curfew requirement) is modified as follows.
(2)
F11“(4A)
In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column.
TABLE
Amount
Number of days
An amount not exceeding £200
20
An amount exceeding £200 but not exceeding £500
30
An amount exceeding £500 but not exceeding £1,000
60
An amount exceeding £1,000 but not exceeding £2,000
90
An amount exceeding £2,000
180”.
Enforcement, revocation and amendment of youth default order
5
(1)
In its application to a youth default order, F12Schedule 7 to the Sentencing Code (breach, revocation or amendment of youth rehabilitation order) is modified as follows.
(2)
Any reference to the offence in respect of which the youth rehabilitation order was made is to be read as a reference to the default in respect of which the youth default order was made.
(3)
Accordingly, any power of the court to revoke a youth rehabilitation order and deal with the offender for the offence is to be taken to be a power to revoke the youth default order and deal with him in any way in which the court which made the youth default order could deal with him for his default in paying the sum in question.
(4)
F13Paragraph 3 has effect as if for paragraphs (a) and (b) there were substituted “
.
as having been made by a magistrates’ court
”
F14(5)
The following provisions are omitted—
(a)
in paragraph 6—
(i)
sub-paragraph (5)(a),
(ii)
the words “add or” in sub-paragraph (5)(b), and
(iii)
sub-paragraph (11);
(b)
paragraph 9;
(c)
paragraph 11;
(d)
paragraph 12(8);
(e)
paragraph 21(6);
(f)
paragraph 23(2)(b).
Power to alter amount of money or number of hours or days
6
The Secretary of State may by order amend paragraph 2, 3 or 4 by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.
Transfer of youth default order to Northern Ireland
7
(1)
In its application to a youth default order, F15Schedule 8 to the Sentencing Code (transfer of youth rehabilitation orders to Northern Ireland) is modified as follows.
(2)
F19(3)
“(5A)
The home court may not impose a fine on the offender.”