Legislation – Sentencing Act 2020

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).

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.

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 F23180F23the relevant number.

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)).

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.

The obligation requires the offender to engage in activities in accordance with instructions of the responsible officer on that number of days.

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.

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.

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.

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.

The order must specify the number of hours which the offender may be required to work under the requirement.

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).

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.

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.

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.

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.

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.

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.

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.

Different places or different curfew periods may be specified for different days.

The specified curfew periods must fall within the period of 12 months beginning with the day on which the requirement first takes effect.

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).

That information must include information as to the attitude of persons likely to be affected by the offender’s enforced presence there.

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”).

The exclusion period must not be more than 3 months.

A prohibited place may be an area.

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.

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.

Before making a youth rehabilitation order containing a place of residence requirement, the court must consider the home surroundings of the offender.

In this paragraph, “place of residence requirement” and “the required place” have the same meanings as in paragraph 22.

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.

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.

The authority specified must be the local authority in whose area the offender resides or is to reside.

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.

The authority specified must be the local authority in whose area the offender resides or is to reside.

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.

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.

For this purpose—

• “mental health treatment”, in relation to an offender, means treatment which is—

  1. a

     by or under the direction of a registered medical practitioner or registered psychologist, and

  2. b

     with a view to improvement of the offender’s mental condition;

• “in-patient treatment” means treatment as a resident patient in—

  1. a

     a care home,

  2. b

     an independent hospital, or

  3. c

     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).

In this paragraph—

• “care home” means—

  1. a

     a care home in England within the meaning of the Care Standards Act 2000, or

  2. b

     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”—

  1. a

     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;

  2. b

     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.

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.

The consent condition is that the offender has expressed willingness to comply with the requirement.

Alternative arrangements may be made only if the offender has expressed willingness for the treatment to be given under those arrangements.

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.

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.

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.

In this paragraph—

• “drug rehabilitation treatment”, in relation to an offender, means treatment which is—

  1. a

     by or under the direction of a person having the necessary qualifications or experience, and

  2. b

     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.

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).

The consent condition is that the offender has expressed willingness to comply with the requirement.

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.

A youth rehabilitation order may impose a drug testing requirement only if it also imposes a drug treatment requirement.

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).

The consent condition is that the offender has expressed willingness to comply with the requirement.

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.

In this paragraph—

• “substance abuse treatment” means treatment which is—

  1. a

     by or under the direction of a person having the necessary qualifications or experience, and

  2. b

     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.

The consent condition is that the offender has expressed willingness to comply with the requirement.

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.

Any period specified must end F17by the relevant time.

In this paragraph, “parent” has the same meaning as in the Education Act 1996.

A youth rehabilitation order which imposes an F24electronic monitoring requirementF24electronic compliance monitoring requirement must include provision for making a person responsible for the monitoring.

The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.

Sub-paragraph (3) applies where the responsible officer is to determine the monitoring period in accordance with the order.

That table is—

A youth rehabilitation order which imposes an electronic whereabouts monitoring requirement must include provision for making a person responsible for the monitoring.

The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.