Sentencing Act 2020

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 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.