SCHEDULES

C1SCHEDULE 7Breach, revocation or amendment of youth rehabilitation order

Annotations:
Modifications etc. (not altering text)
C1

Sch. 7 applied (with modifications) by 2008 c. 4, s. 39(6)(c), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C1PART 2Breach of requirement of order

Issue of summons or warrant by justice of the peace

I1C15

1

This paragraph applies where—

a

a youth rehabilitation order is in force, and

b

it appears on information to a justice of the peace that the offender has breached a requirement of the order.

2

The justice may—

a

issue a summons requiring the offender to appear at the place and time specified in it, or

b

if the information is in writing and on oath, issue a warrant for the offender's arrest.

3

A summons or warrant issued under this paragraph must direct the offender to appear or be brought—

a

in the case of a Crown Court youth rehabilitation order, before the Crown Court, and

b

in any other case, before the appropriate court.

4

In sub-paragraph (3), “appropriate court” means—

a

if the offender is aged under 18, a youth court acting in the relevant local justice area, and

b

if the offender is aged 18 or over, a magistrates' court (other than a youth court) acting in that local justice area.

5

In sub-paragraph (4), “relevant local justice area” means—

a

the local justice area in which the offender resides, or

b

if it is not known where the offender resides, the offender's home local justice area.

6

Sub-paragraphs (7) and (8) apply where—

a

a summons is issued under this paragraph, and

b

the offender does not appear in answer to it.

7

If the summons required the offender to appear before the Crown Court, the Crown Court may—

a

if the summons was issued by a justice of the peace, issue a further summons requiring the offender to appear at the place and time specified in it, or

b

in any case, issue a warrant for the arrest of the offender.

8

If the summons required the offender to appear before a magistrates' court, the magistrates' court may issue a warrant for the arrest of the offender.