SCHEDULES

SCHEDULE 4Referral order: further court proceedings

PART 1Referral back to court for further proceedings

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

I19

1

This paragraph applies where—

a

the reference back to court was made under—

i

section 92(3) (offender's failure to attend panel meeting),

ii

section 100(3) (breach of contract), or

iii

section 101(5) (final meeting: order not discharged),

b

the offender is before the appropriate court,

c

the appropriate court is satisfied that the offender has failed without reasonable excuse to comply with a youth offender contract which has taken effect between the offender and a youth offender panel, and

d

the appropriate court does not revoke the order under paragraph 7.

2

The appropriate court may make an order extending the length of the compliance period, but—

a

not to more than 12 months, and

b

not if the compliance period has already expired.

3

The court may order the offender to pay a fine of an amount not exceeding £2,500.

4

Expiry of the compliance period (whether before or after the offender was referred back to court) does not affect the power to impose a fine under sub-paragraph (3).

5

A fine imposed under sub-paragraph (3) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.