Criminal Justice and Courts Act 2015

43 Referral orders: alternatives to revocation for breach of youth offender contract

(1) In Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000, after paragraph 6 insert—

“Power of court to impose fine or extend period for which contract has effect

6A (1) This paragraph applies where—

(a) an offender has been referred back to the appropriate court under section 22(2), 26(5) or 27(4), and

(b) it is proved to the satisfaction of the court that the offender has failed, without reasonable excuse, to comply with the terms of a contract under section 23.

(2) If the court does not revoke the order under paragraph 5 it may—

(a) order the offender to pay a fine of an amount not exceeding £2,500, or

(b) make an order extending the length of the period for which the contract under section 23 has effect.

(3) The court may not extend the length of the period for which the contract has effect so that it becomes longer than 12 months.

(4) If the period for which the contract has effect has expired (whether before or after the referral of the offender back to court) the court—

(a) may make an order under sub-paragraph (2)(a), but

(b) may not make an order under sub-paragraph (2)(b).

(5) The court may not exercise a power under sub-paragraph (2) unless the offender is present before it.

(6) A fine imposed under sub-paragraph (2)(a) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(7) The Secretary of State may by order amend any sum for the time being specified in sub-paragraph (2)(a).”

(2) In paragraph 7 of that Schedule, in sub-paragraph (2), at the end insert “(subject to any order under paragraph 6A(2)(b))”.

(3) In the heading before paragraph 7 of that Schedule, at the beginning insert “Consequences of”.

(4) In section 160(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (statutory instruments subject to affirmative resolution procedure), after “103(2)” insert “or paragraph 6A(7) of Schedule 1”.

(5) The amendments made by this section apply only in relation to a person who fails to comply with the terms of a youth offender contract after this section comes into force.