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

Powers of Crown Court

I1C17

1

This paragraph applies where—

a

an offender appears or is brought before the Crown Court under paragraph 5 or by virtue of paragraph 6(3), and

b

it is proved to the satisfaction of that court that the offender has breached a requirement of the youth rehabilitation order without reasonable excuse,

and must be read with paragraphs 8 to 11.

2

The Crown Court may deal with the offender in respect of that breach in any one of the following ways—

a

by ordering the offender to pay a fine of an amount not exceeding £2,500;

b

by amending the terms of the youth rehabilitation order to add or substitute any requirement which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence;

c

by re-sentencing the offender for the relevant offence.

3

In this paragraph—

  • “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and

  • the “relevant assumptions” are that—

    1. a

      the offender has just been convicted of the relevant offence by or before the court dealing with the offender, and

    2. b

      the offender is the same age as when in fact convicted of that offence.

4

Sub-paragraph (2)(b) is subject to paragraph 10.

5

In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

6

Where the Crown Court deals with an offender under sub-paragraph (2)(c), it must revoke the youth rehabilitation order if it is still in force.

7

In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the youth rehabilitation order is to be determined by the court and not by the verdict of a jury.