Children and Young Persons Act 1969

SupervisionE+W

11 Supervision orders. E+W

Any provision of this Act authorising a court to make a supervision order in respect of any person shall be construed as authorising the court to make an order placing him under the supervision of a local authority designated by the order or of a probation officer; and in this Act “supervision order” shall be construed accordingly and “supervised person” and “supervisor”, in relation to a supervision order, mean respectively the person placed or to be placed under supervision by the order and the person under whose supervision he is placed or to be placed by the order.

F111A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F212 Power to include requirements in supervision orders.E+W

(1)A supervision order may require the supervised person to reside with an individual named in the order who agrees to the requirement, but a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by the following provisions of this section or by section 12A, 12B or 12C below.

(2)Subject to section 19(12) of this Act, a supervision order may require the supervised person to comply with any directions given from time to time by the supervisor and requiring him to do all or any of the following things—

(a)to live at a place or places specified in the directions for a period or periods so specified;

(b)to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified;

(c)to participate in activities specified in the directions on a day or days so specified;

but it shall be for the supervisor to decide whether and to what extent he exercises any power to give directions conferred on him by virtue of this subsection and to decide the form of any directions; and a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by section 12B(1) of this Act.

(3)The total number of days in respect of which a supervised person may be required to comply with directions given by virtue of paragraph (a), (b) or (c) of subsection (2) above in pursuance of a supervision order shall not exceed 90 or such lesser number, if any, as the order may specify for the purposes of this subsection; and for the purpose of calculating the total number of days in respect of which such directions may be given the supervisor shall be entitled to disregard any day in respect of which directions were previously given in pursuance of the order and on which the directions were not complied with.]

[F312A Young offenders.E+W

[F4(1)This subsection applies to any supervision order made under section 7(7) of this Act unless it requires the supervised person to comply with directions given by the supervisor under section 12(2) of this Act.]

(3)Subject to the following provisions of this section and to section 19(13) of this Act, a supervision order to which subsection (1) of this section applies may require a supervised person—

(a)to do anything that by virtue of section 12(2) of this Act a supervisor has power, or would but for section 19(12) of this Act have power, to direct a supervised person to do;

(b)to remain for specified periods between 6 p.m. and 6 a.m.—

(i)at a place specified in the order; or

(ii)at one of several places so specified;

(c)to refrain from participating in activities specified in the order—

(i)on a specified day or days during the period for which the supervision order is in force; or

(ii)during the whole of that period or a specified portion of it.

(4)Any power to include a requirement in a supervision order which is exercisable in relation to a person by virtue of this section or the following provisions of this Act may be exercised in relation to him whether or not any other such power is exercised.

(5)The total number of days in respect of which a supervised person may be subject to requirements imposed by virtue of subsection (3)(a) or (b) above shall not exceed 90.

(6)The court may not include requirements under subsection (3) above in a supervision order unless—

(a)it has first consulted the supervisor as to—

(i)the offender’s circumstances; and

(ii)the feasibility of securing compliance with the requirements,

and is satisfied, having regard to the supervisor’s report, that it is feasible to secure compliance with them;

(b)having regard to the circumstances of the case, it considers the requirements necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences; and

(c)the supervised person or, if he is a child, his parent or guardian, consents to their inclusion.

(7)The court shall not include in such an order by virtue of subsection (3) above—

(a)any requirement that would involve the co-operation of a person other than the supervisor and the supervised person unless that other person consents to its inclusion; or

(b)any requirement requiring the supervised person to reside with a specified individual; or

(c)any such requirement as is mentioned in section 12B(1) of this Act.

(8)The place, or one of the places, specified in a requirement under subsection (3)(b) above (“a night restriction”) shall be the place where the supervised person lives.

(9)A night restriction shall not require the supervised person to remain at a place for longer than 10 hours on any one night.

(10)A night restriction shall not be imposed in respect of any day which falls outside the period of three months beginning with the date when the supervision order is made.

(11)A night restriction shall not be imposed in respect of more than 30 days in all.

(12)A supervised person who is required by a night restriction to remain at a place may leave it if he is accompanied—

(a)by his parent or guardian;

(b)by his supervisor; or

(c)by some other person specified in the supervision order.

(13)A night restriction imposed in respect of a period of time beginning in the evening and ending in the morning shall be treated as imposed only in respect of the day upon which the period begins.]

[F512AA Requirement for young offender to live in local authority accommodation.E+W

(1)Where the conditions mentioned in subsection (6) of this section are satisfied, a supervision order may impose a requirement (“a residence requirement”) that a child or young person shall live for a specified period in local authority accommodation.

(2)A residence requirement shall designate the local authority who are to receive the child or young person and that authority shall be the authority in whose area the child or young person resides.

(3)The court shall not impose a residence requirement without first consulting the designated authority.

(4)A residence requirement may stipulate that the child or young person shall not live with a named person.

(5)The maximum period which may be specified in a residence requirement is six months.

(6)The conditions are that—

(a)a supervision order has previously been made in respect of the child or young person;

(b)that order imposed—

(i)a requirement under section 12A(3) of this Act; or

(ii)a residence requirement;

(c)he is found guilty of an offence which—

(i)was committed while that order was in force;

(ii)if it had been committed by a person over the age of twenty-one, would have been punishable with imprisonment; and

(iii)in the opinion of the court is serious; and

(d)the court is satisfied that the behaviour which constituted the offence was due, to a significant extent, to the circumstances in which he was living,

except that the condition in paragraph (d) of this subsection does not apply where the condition in paragraph (b)(ii) is satisfied.

(7)For the purposes of satisfying itself as mentioned in subsection (6)(d) of this section, the court shall obtain a social inquiry report which makes particular reference to the circumstances in which the child or young person was living.

(8)Subsection (7) of this section does not apply if the court already has before it a social inquiry report which contains sufficient information about the circumstances in which the child or young person was living.

(9)A court shall not include a residence requirement in respect of a child or young person who is not legally represented at the relevant time in that court unless—

(a)he has applied for legal aid for the purposes of the proceedings and the application was refused on the ground that it did not appear that his resources were such that he required assistance; or

(b)he has been informed of his right to apply for legal aid for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.

(10)In subsection (9) of this section—

(a)“the relevant time” means the time when the court is considering whether or not to impose the requirement; and

(b)“the proceedings” means—

(i)the whole proceedings; or

(ii)the part of the proceedings relating to the imposition of the requirement.

(11)A supervision order imposing a residence requirement may also impose any of the requirements mentioned in sections 12, 12A, 12B or 12C of this Act.

(12)In this section “social inquiry report” has the same meaning as in section 2 of the M1Criminal Justice Act 1982.]

[F612B Requirements as to mental treatment.E+W

(1)Where a court which proposes to make a supervision order is satisfied, on the evidence of a medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of a supervised person is such as requires and may be susceptible to treatment but is not such as to warrant his detention in pursuance of a hospital order under Part III of that Act, the court may include in the supervision order a requirement that the supervised person shall, for a period specified in the order, submit to treatment of one of the following descriptions so specified, that is to say—

(a)treatment by or under the direction of a fully registered medical practitioner specified in the order;

(b)treatment as a non-resident patient at a place specified in the order; or

(c)treatment as a resident patient in a hospital or mental nursing home within the meaning of the said Act of 1983, but not a special hospital within the meaning of that Act.

(2)A requirement shall not be included in a supervision order in pursuance of subsection (1) above—

(a)in any case, unless the court is satisfied that arrangements have been or can be made for the treatment in question and, in the case of treatment as a resident patient, for the reception of the patient;

(b)in the case of an order made or to be made in respect of a person who has attained the age of 14, unless he consents to its inclusion;

and a requirement so included shall not in any case continue in force after the supervised person becomes 18.]

[F712C Requirements as to education.E+W

(1)Subject to subsection (3) below, a supervision order to which section 12A(1) of this Act applies may require a supervised person, if he is of compulsory school age, to comply, for as long as he is of that age and the order remains in force, with such arrangements for his education as may from time to time be made by his parent, being arrangements for the time being approved by the local education authority.

(2)The Court shall not include such a requirement in a supervision order unless it has consulted the local education authority with regard to its proposal to include the requirement and is satisfied that in the view of the local education authority arrangements exist for the child or young person to whom the supervision order will relate to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have.

(3)Expressions used in subsection (1) above and in the Education Act M21944 have the same meaning there as in that Act.

(4)The court may not include a requirement under subsection (1) above unless it has first consulted the supervisor as to the offender’s circumstances and, having regard to the circumstances of the case, it considers the requirement necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences.]

[F812D Duty of court to state in certain cases that requirement in place of custodial sentence.E+W

(1)Where—

(a)in pursuance of section 12A(3)(a) of this Act a court includes a requirement in a supervision order directing the supervised person to participate in specified activities; and

(b)it would have imposed a custodial sentence if it had not made a supervision order including such a requirement,

it shall state in open court—

(i)that it is making the order instead of a custodial sentence;

(ii)that it is satisfied that—

(a)the offender has a history of failure to respond to non-custodial penalties and is unable or unwilling to respond to any non-custodial penalty other than a supervision order including such a requirement; or

(b)only a supervision order including such a requirement or a custodial sentence would be adequate to protect the public from serious harm from him; or

(c)the offence for which he has been convicted or found guilty was so serious that a non-custodial sentence for it other than a supervision order including such a requirement could not be justified; and

(iii)why it is so satisfied.

(2)Where the Crown Court makes such a statement, it shall certify in the supervision order that it has made such a statement.

(3)Where a magistrates’ court makes such a statement, it shall certify in the supervision order that it has made such a statement and shall cause the statement to be entered in the register.]

13 Selection of supervisor.E+W

(1)A court shall not designate a local authority as the supervisor by a provision of a supervision order unless the authority agree or it appears to the court that the supervised person resides or will reside in the area of the authority.

(2)A court shall not insert in a supervision order a provision placing a child under the supervision of a probation officer unless the local authority of which the area is named or to be named in the order in pursuance of section 18(2)(a) of this Act so request and a probation officer is already exercising or has exercised, in relation to another member of the household to which the child belongs, duties imposed [F9on probation officers by paragraph 8 of Schedule 3 to the M3Powers of Criminal Courts Act 1973 or by rules under paragraph 18(1)(b)] of that Schedule.

(3)Where a provision of a supervision order places a person under the supervision of a probation officer, the supervisor shall be a probation officer appointed for or assigned to the petty sessions area named in the order in pursuance of section 18(2)(a) of this Act and selected under arrangements made by the [F10probation committee]; but if the probation officer selected as aforesaid dies or is unable to carry out his duties. . . F11, another probation officer shall be selected as aforesaid for the purposes of the order.

14Duty of supervisor.E+W

While a supervision order is in force it shall be the duty of the supervisor to advise, assist and befriend the supervised person.

F1214A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

15Variation and discharge of supervision orders.E+W

(1)If while a supervision order is in force in respect of a supervised person who has not attained the age of eighteen it appears to a juvenile court, on the application of the supervisor or the supervised person, that it is appropriate to make an order under this subsection, the court may make an order discharging the supervision order or varying it by—

(a)cancelling any requirement included in it in pursuance of section 12 [F13, 12A, [F1412AA] 12B or 12C] or section 18(2)(b) of this Act; or

(b)inserting in it (either in addition to or in substitution for any of its provisions) any provision which could have been included in the order if the court had then had power to make it and were exercising the power,

F15. . . ; but the powers of variation conferred by this subsection do not include power to insert in the supervision order, after the expiration of [F16three months beginning with the date when the order was originally made], a requirement in pursuance of [F17section 12B(1)] of this Act, unless. . . F18 it is in substitution for such a requirement already included in the order [F19or power to insert in the supervision order a requirement in pursuance of [F17section 12A(3)] (b) of this Act in respect of any day which falls outside the period of 3 months beginning with the date when the order was originally made.]

(2)If on an application in pursuance of the preceding subsection, in a case where the supervised person has attained the age of seventeen F20. . ., it appears to the court appropriate to do so it may proceed as if the application were in pursuance of subsection (3) or, if it is made by the supervisor, in pursuance of subsections (3) and (4) of this section and as if in that subsection or those subsections, as the case may be, the word “seventeen” were substituted for the word “eighteen” and the words “a magistrates’ court other than” were omitted.

[F21(2A)If while a supervision order made under section 7(7) of this Act F22. . . is in force in respect of a person who has not attained the age of 18 it is proved to the satisfaction of a juvenile court, on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12, 12A [F2312AA] 12C or 18(2)(b) of this Act, the court—

(a)may order him to pay a fine of an amount not exceeding £100; or

(b)subject to section 16A(1) of this Act, may make an attendance centre order in respect of him,

whether or not it also makes an order under subsection (1) of this section.]

(3)If while a supervision order is in force in respect of a supervised person who has attained the age of eighteen it appears to a magistrates’ court other than a juvenile court, on the application of the supervisor or the supervised person, that it is appropriate to make an order under this subsection, the court may make an order discharging the supervision order or varying it by—

(a)inserting in it a provision specifying the duration of the order or altering or cancelling such a provision already included in it; or

(b)substituting for the provisions of the order by which the supervisor is designated or by virtue of which he is selected such other provisions in that behalf as could have been included in the order if the court had then had power to make it and were exercising the power; or

(c)substituting for the name of an area included in the order in pursuance of section 18(2)(a) of this Act the name of any other area of a local authority or petty sessions area, as the case may be, in which it appears to the court that the supervised person resides or will reside; or

(d)cancelling any provision included in the order by virtue of section 18(2)(b) of this Act or inserting in it any provision prescribed for the purposes of that paragraph; or

(e)cancelling any requirement included in the order in pursuance of section [F2412, 12A, [F2512AA], 12B or 12C] of this Act.

[F26(4)If while a supervision order made under section 7(7) of this Act F27. . . is in force in respect of a person who has attained the age of 18 it is proved to the satisfaction of a magistrates’ court [F28other than a juvenile court], on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12, 12A [F2912AA] 12C or 18(2)(b) of this Act, the court—

(a)whether or not it also makes an order under subsection (3) of this section, may order him to pay a fine of an amount not exceeding £100 or, subject to section 16A(1) of this Act, may make an attendance centre order in respect of him;

(b)if it also discharges the supervision order, may make an order imposing on him any punishment other than a sentence of detention in a young offender institution which it could have imposed on him if it had then had power to try him for the offence in consequence of which the supervision order was made and had convicted him in the exercise of that power;

and in a case where the offence in question is of a kind which the court has no power to try or has no power to try without appropriate consents—

(i)the punishment imposed by virtue of paragraph (b) of this subsection shall not exceed that which any court having power to try such an offence could have imposed in respect of it; and

(ii)if the punishment imposed is a fine, it shall not in any event exceed £2,000.

(4A)If while a supervision order is in force in respect of a person it is proved to the court under subsection (2A) or (4) above that the supervised person has failed to comply with any requirement included in the supervision order in pursuance of section 12A(3)(a) of this Act directing the supervised person to participate in specified activities, the court may, if it also discharges the supervision order, make an order imposing on him any sentence which it could have imposed on him if it had then had power to try him for the offence in consequence of which the supervision order was made and had convicted him, or found him guilty, in the exercise of that power.

(4B)In a case where the offence in question is of a kind which the court has no power to try or has no power to try without appropriate consents, the sentence imposed shall not exceed that which any court having power to try such an offence could have imposed in respect of it and shall not in any event exceed a custodial sentence for a term of six months and a fine—

(a)if the offender has not attained the age of 18, of £400; and

(b)if he has attained that age, of £2,000.

(4C)A court may not make an order by virtue of subsection (4A) of this section unless the court which made the supervision order made a statement under section 12D(1) of this Act.

(4D)For the purposes of subsection (4C) above a certificate under section 12D of this Act shall be evidence of the making of the statement to which it relates.]

(5)If a medical practitioner by whom or under whose direction a supervised person is being treated for his mental condition in pursuance of a requirement included in a supervision order by virtue of [F30section 12B(1)] of this Act is unwilling to continue to treat or direct the treatment of the supervised person or is of opinion—

(a)that the treatment should be continued beyond the period specified in that behalf in the order; or

(b)that the supervised person needs different treatment; or

(c)that he is not susceptible to treatment; or

(d)that he does not require further treatment,

the practitioner shall make a report in writing to that effect to the supervisor; and on receiving a report under this subsection the supervisor shall refer it to a juvenile court, and on such a reference the court may make an order cancelling or varying the requirement.

(6)The preceding provisions of this section shall have effect subject to the provisions of the following section.

16Provisions supplementary to s. 15.E+W

(1)Where the supervisor makes an application or reference under the preceding section to a court he may bring the supervised person before the court, and subject to subsection (5) of this section a court shall not make an order under that section unless the supervised person is present before the court.

(2)Without prejudice to any power to issue a summons or warrant apart from this subsection, a justice may issue a summons or warrant for the purpose of securing the attendance of a supervised person before the court to which any application or reference in respect of him is made under the preceding section; but [F31subsections (3) and (4) of section 55 of the M4Magistrates’ Courts Act 1980] (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under this subsection as they apply to a warrant under that section and as if in subsection (3) after the word “summons” there were inserted the word “cannot be served or”.

(3)Where the supervised person is arrested in pursuance of a warrant issued by virtue of the preceding subsection and cannot be brought immediately before the court referred to in that subsection, the person in whose custody he is—

(a)may make arrangements for his detention in a place of safety for a period of not more than seventy-two hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and

(b)shall within that period, unless within it the [F32supervised person] is brought before the court aforesaid, bring him before a justice;

F33. . .

[F34(3A)Where a supervised person is brought before a justice under subsection (3) of this section, the justice may—

(a)direct that he be released forthwith; or

(b)subject to subsection (3C) of this section, remand him to local authority accommodation.

(3B)A justice who remands a person to local authority accommodation shall designate, as the authority who are to receive him, the authority named in the supervision order in respect of which the application or reference is being made.

(3C)Where the supervised person has attained the age of eighteen at the time when he is brought before the justice, he shall not be remanded to local authority accommodation but may instead be remanded—

(a)to a remand centre, if the justice has been notified that such a centre is available for the reception of persons under this subsection; or

(b)to a prison, if he has not been so notified.]

[F35(4)Where an application is made to a court under section 15(1) of this Act, the court may remand (or further remand) the supervised person to local authority accommodation if—

(a)a warrant has been issued under subsection (2) of this section for the purpose of securing the attendance of the supervised person before the court; or

(b)the court considers that remanding (or further remanding) him will enable information to be obtained which is likely to assist the court in deciding whether and, if so, how to exercise its powers under section 15(1).]

(5)A court may make an order under the preceding section in the absence of the supervised person if the effect of the order is confined to one or more of the following, that is to say—

(a)discharging the supervision order;

(b)cancelling a provision included in the supervision order in pursuance of section 12 [F36, 12A, [F3712AA], 12B or 12C] or section 18(2)(b) of this Act;

(c)reducing the duration of the supervision order or any provision included in it in pursuance of the said section 12 [F36, 12A, [F3712AA], 12B or 12C];

(d)altering in the supervision order the name of any area;

(e)changing the supervisor.

(6)A juvenile court shall not—

(a)exercise its powers under subsection (1) of the preceding section to make F38. . . an order discharging a supervision order or inserting in it a requirement authorised by section 12 [F39, 12A, [F4012AA] 12B or 12C] of this Act or varying or cancelling such a requirement except in a case where the court is satisfied that the supervised person either is unlikely to receive the care or control he needs unless the court makes the order or is likely to receive it notwithstanding the order;

(b)exercise its powers to make an order under subsection (5) of the preceding section except in such a case as is mentioned in paragraph (a) of this subsection;

(c)exercise its powers under the said subsection (1) to make an order inserting a requirement authorised by [F41section 12B(1)] of this Act in a supervision order which does not already contain such a requirement unless the court is satisfied as mentioned in the said [F41section 12B(1)] on such evidence as is there mentioned.

(7)Where the supervised person has attained the age of fourteen, then except with his consent a court shall not make an order under the preceding section containing provisions which insert in the supervision order a requirement authorised by [F41section 12B(1)] of this Act or which alter such a requirement already included in the supervision order otherwise than by removing it or reducing its duration.

(8)The supervised person F42. . . may appeal to [F43the Crown court] against—

(a)any order made under the preceding section, except an order made or which could have been made in the absence of the supervised person and an order containing only provisons to which he consented in pursuance of the preceding subsection;

(b)the dismissal of an application under that section to discharge a supervision order.

(9)Where an application under the preceding section for the discharge of a supervision order is dismissed, no further application for its discharge shall be made under that section by any person during the period of three months beginning with the date of the dismissal except with the consent of a court having jurisdiction to entertain such an application.

(10)In [F44paragraph (b) of subsection (2A) and] paragraph (a) of subsection (4) of the preceding section “attendance centre order” means such an order to attend an attendance centre as is mentioned in subsection (1) of section [F4517 of the M5Criminal Justice Act 1982];. . . F46

(11)In this and the preceding section references to a juvenile court or any other magistrates’ court, in relation to a supervision order, are references to such a court acting for the petty sessions area for the time being named in the order in pursuance of section 18(2)(a) of this Act; and if while an application to a juvenile court in pursuance of the preceding section is pending the supervised person to whom it relates attains the age of seventeen or eighteen, the court shall deal with the application as if he had not attained the age in question.

[F4716A(1)The provisions of section 17 of the Criminal Justice Act 1982 (attendance centre orders) shall apply for the purposes of section 15(2A)(b) and (4)(a) of this Act but as if—

(a)in subsection (1), for the words from “has power” to “probation order” there were substituted the words “considers it appropriate to make an attendance centre order in respect of any person in pursuance of section 15(2A) or (4) of the Children and Young Persons Act 1969”;

(b)for references to an offender there were substituted references to a supervised person; and

(c)subsection (13) were omitted.

(2)Sections 18 and 19 of the Criminal Justice Act 1982 (discharge and variation of attendance centre order and breach of attendance centre orders or attendance centre rules) shall also apply for the purposes of each of those paragraphs but as if—

(a)for the references to an offender there were substituted references to the person in respect of whom the attendance centre order has been made; and

(b)there were omitted—

(i)from subsections (3) and (5) of section 19, the words “, for the offence in respect of which the order was made,” and “for that offence”; and

(ii)from subsection (6), the words “for an offence”]

17 Termination of supervision.E+W

A supervision order shall, unless it has previously been discharged, cease to have effect—

(a)in any case, on the expiration of the period of three years, or such shorter period as may be specified in the order, beginning with the date on which the order was originally made;

F49(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18 Supplementary provisions relating to supervision orders.E+W

(1)A court shall not make a supervision order unless it is satisfied that the supervised person resides or will reside in the area of a local authority; and a court shall be entitled to be satisfied that the supervised person will so reside if he is to be required so to reside by a provision to be included in the order in pursuance of section 12(1) of this Act.

(2)A supervision order—

(a)shall name the area of the local authority and the petty sessions area in which it appears to the court making the order, or to the court varying any provision included in the order in pursuance of this paragraph, that the supervised person resides or will reside; and

(b)may contain such prescribed provisions as the court aforesaid considers appropriate for facilitating the performance by the supervisor of his functions under section 14 of this Act, including any prescribed provisions for requiring visits to be made by the supervised person to the supervisor,

and in paragraph (b) of this subsection “prescribed” means prescribed by rules under [F51section 144 of the M7Magistrates’ Courts Act 1980].

(3)A court which makes a supervision order or an order varying or discharging a supervision order shall forthwith send a copy of its order—

(a)to the supervised person and, if the supervised person is a child, to his parent or guardian; and

(b)to the supervisor and any person who has ceased to be the supervisor by virtue of the order; and

(c)to any local authority who is not entitled by virtue of the preceding paragraph to such a copy and whose area is named in the supervision order in pursuance of the preceding subsection or has ceased to be so named by virtue of the court’s order; and

(d)where the supervised person is required by the order, or was required by the supervision order before it was varied or discharged, to reside with an individual or to undergo treatment by or under the direction of an individual or at any place, to the individual or the person in charge of that place; and

(e)where a petty sessions area named in the order or discharged order in pursuance of subsection (2) of this section is not that for which the court acts, to the clerk to the justices for the petty sessions area so named;

and, in a case falling within paragraph (e) of this subsection, shall also send to the clerk to the justices in question such documents and information relating to the case as the court considers likely to be of assistance to them.

[F52(4)Where a supervision order—

(a)requires compliance with directions given by virtue of section 12(2) of this Act; or

(b)includes by virtue of [F53section 12A(3)] of this Act a requirement which involves the use of facilities for the time being specified in a scheme in force under section 19 of this Act for an area in which the supervised person resides or will reside,

any expenditure incurred by the supervisor for the purposes of the directions or requirements shall be defrayed by the local authority whose area is named in the order in pursuance of subsection (2) of this section.]

[F5419 Facilities for the carrying out of supervisors’ directions and requirements included in supervision orders by virtue of section 12(3C).E+W

(1)It shall be the duty of a local authority, acting either individually or in association with other local authorities, to make arrangements with such persons as appear to them to be appropriate, for the provision by those persons of facilities for enabling—

(a)directions given by virtue of section 12(2) of this Act to persons resident in their area; and

(b)requirements that may only be included in a supervision order by virtue of [F55section 12A(3)] of this Act if they are for the time being specified in a scheme,

to be carried out effectively.

(2)The authority or authorities making any arrangements in accordance with subsection (1) of this section shall consult each relevant probation committee as to the arrangements.

(3)Any such arrangements shall be specified in a scheme made by the authority or authorities making them.

(4)A scheme shall come into force on a date to be specified in it.

(5)The authority or authorities making a scheme shall send copies of it to the clerk to the justices for each petty sessions area of which any part is included in the area to which the scheme relates.

(6)A copy of a scheme shall be kept available at the principal office of every authority who are a party to it for inspection by members of the public at all reasonable hours, and any such authority shall on demand by any person furnish him with a copy of the scheme free of charge.

(7)The authority or authorities who made a scheme may at any time make a further scheme altering the arrangements or specifying arrangements to be substituted for those previously specified.

(8)A scheme which specifies arrangements to be substituted for those specified in a previous scheme shall revoke the previous scheme.

(9)The powers conferred by subsection (7) of this section shall not be exercisable by an authority or authorities unless they have first consulted each relevant probation committee.

(10)The authority or authorities who made a scheme shall send to the clerk to the justices for each petty sessions area of which any part is included in the area for which arrangements under this section have been specified in the scheme notice of any exercise of a power conferred by subsection (7) of this section, specifying the date for the coming into force, and giving details of the effect, of the new or altered arrangements, and the new or altered arrangements shall come into force on that date.

(11)Arrangements shall not be made under this section for the provision of any facilities unless the facilities are approved or are of a kind approved by the Secretary of State for the purposes of this section.

(12)A supervision order shall not require compliance with directions given by virtue of section 12(2) of this Act unless the court making it is satisfied that a scheme under this section is in force for the area where the supervised person resides or will reside; and no such directions may involve the use of facilities which are not for the time being specified in a scheme in force under this section for that area.

(13)Subject to subsection (14) of this section, a supervision order may not include by virtue of [F55subsection 12A(3)] of this Act—

(a)any requirement that would involve the supervised person in absence from home—

(i)for more than 2 consecutive nights; or

(ii)for more than 2 nights in any one week; or

(b) if the supervised person is of compulsory school age, any requirement to participate in activities during normal school hours,

unless the court making the order is satisfied that the facilities whose use would be involved are for the time being specified in a scheme in force under this section for the area in which the supervised person resides or will reside.

(14)Subsection (13)(b) of this section does not apply to activities carried out in accordance with arrangements made or approved by the local education authority in whose area the supervised person resides or will reside.

(15)It shall be the duty of every local authority to ensure that a scheme made by them in accordance with this section, either individually or in association with any other local authority, comes into force for their area not later than 30th April 1983 or such later date as the Secretary of State may allow.

(16)In this section “relevant probation committee” means a probation committee for an area of which any part is included in the area to which a scheme under this section relates.

(17)Expressions used in this section and in the M8Education Act 1944 have the same meanings in this section as in that Act.]