Does the legislation require the parent or guardian to be consulted before imposing a Residence Requirement?
The court does not need to consult with the young person’s parent or guardian before imposing this requirement. However, if the person is under 16, the court must require the parents to be present and may do so if the young person is aged 16 or 17. Furthermore, the court must first consider the home surroundings of the offender before imposing a Residence Requirement (para 16 of Schedule 1 Criminal Justice and Immigration Act 2008) and must always obtain and consider information about the offender’s family circumstances and the likely effect of a YRO on those circumstances. The expectation should always be that, where appropriate, parents should be fully involved in interventions with young people subject to criminal justice orders.
