xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

Sections 72 and 75.

SCHEDULE 8E+W Breach, revocation and amendment of F1... reparation orders

F2...E+W

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Breach of requirement of F4... reparation orderE+W

Textual Amendments

2(1)This paragraph applies if while [F5a] reparation order is in force in respect of an offender it is proved to the satisfaction ofE+W

[F6(a)a youth court acting in the local justice area in which the offender resides, or

(b)if it is not known where the offender resides, a youth court acting in the local justice area for the time being named in the order in pursuance of section 74(4) of this Act,]

on the application of the responsible officer, that the offender has failed to comply with any requirement included in the order.

(2)Where this paragraph applies, the court—

(a)whether or not it also makes an order under paragraph 5(1) below (revocation or amendment of order)—

(i)may order the offender to pay a fine of an amount not exceeding £1,000; or

F7(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)if the F8... reparation order was made by a magistrates’ court, may revoke the order and deal with the offender, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made; or

(c)if the F9... reparation order was made by the Crown Court, may commit him in custody or release him on bail until he can be brought or appear before the Crown Court.

(3)Where a court deals with an offender under sub-paragraph (2)(c) above, it shall send to the Crown Court a certificate signed by a justice of the peace giving—

(a)particulars of the offender’s failure to comply with the requirement in question; and

(b)such other particulars of the case as may be desirable;

and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.

(4)Where—

(a)by virtue of sub-paragraph (2)(c) above the offender is brought or appears before the Crown Court, and

(b)it is proved to the satisfaction of the court that he has failed to comply with the requirement in question,

that court may deal with him, for the offence in respect of which the order was made, in any way in which it could have dealt with him for that offence if it had not made the order.

(5)Where the Crown Court deals with an offender under sub-paragraph (4) above, it shall revoke the F10... reparation order if it is still in force.

(6)A fine imposed under this paragraph shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

(7)In dealing with an offender under this paragraph, a court shall take into account the extent to which he has complied with the requirements of the F11... reparation order.

(8)Where a reparation order F12... has been made on appeal, for the purposes of this paragraph it shall be deemed—

(a)if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;

(b)if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;

and, in relation to a reparation order F12... made on appeal, sub-paragraph (2)(b) above shall have effect as if the words “if the order had not been made” were omitted and sub-paragraph (4) above shall have effect as if the words “if it had not made the order” were omitted.

(9)This paragraph has effect subject to paragraph 6 below.

Textual Amendments

Curfew orders imposed for breach of action plan order or reparation orderE+W

F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attendance centre orders imposed for breach of action plan or reparation orderE+W

F144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation and amendment of F15... reparation orderE+W

Textual Amendments

5(1)If while [F16a] reparation order is in force in respect of an offender it appears to the [F17relevant court], on the application of the responsible officer or the offender, that it is appropriate to make an order under this sub-paragraph, the court may—E+W

(a)make an order revoking the F18... reparation order; or

(b)make an order amending it—

(i)by cancelling any provision included in it; or

(ii)by 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.

(2)Sub-paragraph (1) above has effect subject to paragraph 6 below.

(3)Where an application under sub-paragraph (1) above for the revocation of [F19a] reparation order is dismissed, no further application for its revocation shall be made under that sub-paragraph by any person except with the consent of the [F20relevant court].

[F21(4)In this paragraph, “the relevant court” means—

(a)a youth court acting in the local justice area for the time being named in the order in pursuance of section 74(4) of this Act, or

(b)in the case of an application made both under this paragraph and under paragraph 2(1), the court mentioned in paragraph 2(1).]

Presence of offender in court, remands etc.E+W

6(1)Where the responsible officer makes an application under paragraph 2(1) or 5(1) above to [F22a court] he may bring the offender before the court; and, subject to sub-paragraph (9) below, a court shall not make an order under paragraph 2 or 5(1) above unless the offender is present before the court.E+W

(2)Without prejudice to any power to issue a summons or warrant apart from this sub-paragraph, the court to which an application under paragraph 2(1) or 5(1) above is made may issue a summons or warrant for the purpose of securing the attendance of the offender before it.

(3)Subsections (3) and (4) of section 55 of the M1Magistrates’ 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 sub-paragraph (2) above as they apply to a warrant under that section, but as if in subsection (3) after the word “summons” there were inserted the words “ cannot be served or ”.

(4)Where the offender is arrested in pursuance of a warrant issued by virtue of sub-paragraph (2) above and cannot be brought immediately before [F23the court before which the warrant directs the offender to be brought (“the relevant court”)], 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 72 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 bring him before a youth court;

and in paragraph (a) above “place of safety” has the same meaning as in the M2Children and Young Persons Act 1933.

(5)Where an offender is under sub-paragraph (4)(b) above brought before a youth court other than [F24the relevant court], the youth court may—

(a)direct that he be released forthwith; or

(b)subject to sub-paragraph (7) below, remand him to local authority accommodation.

(6)Subject to sub-paragraph (7) below, where an application is made to a court under paragraph 5(1) above, the court may remand (or further remand) the offender to local authority accommodation if—

(a)a warrant has been issued under sub-paragraph (2) above for the purpose of securing the attendance of the offender 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 paragraph 5(1) above.

(7)Where the offender is aged 18 or over at the time when he is brought before a youth court other than [F25the relevant court ] under sub-paragraph (4)(b) above, or is aged 18 or over at a time when (apart from this sub-paragraph) [F25the relevant court] could exercise its powers under sub-paragraph (6) above in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded—

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

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

(8)A court remanding an offender to local authority accommodation under this paragraph shall designate, as the authority who are to receive him, the local authority for the area in which the offender resides or, where it appears to the court that he does not reside in the area of a local authority, the local authority—

(a)specified by the court; and

(b)in whose area the offence or an offence associated with it was committed.

(9)A court may make an order under paragraph 5(1) above in the absence of the offender if the effect of the order is confined to one or more of the following, that is to say—

(a)revoking the F26... reparation order;

(b)cancelling a requirement included in the F27... reparation order;

(c)altering in the F28... reparation order the name of any area;

(d)changing the responsible officer.

[F29Power to adjourn hearing and remand offenderE+W

6A(1)This paragraph applies to any hearing relating to an offender held by a youth court in any proceedings under this Schedule.E+W

(2)The court may adjourn the hearing, and, where it does so, may—

(a)direct that the offender be released forthwith, or

(b)remand the offender.

(3)Where the court remands the offender under sub-paragraph (2)—

(a)it must fix the time and place at which the hearing is to be resumed, and

(b)that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4)Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a)it may fix the time and place at which the hearing is to be resumed, but

(b)if it does not do so, it must not resume the hearing unless it is satisfied that the persons mentioned in sub-paragraph (5) have had adequate notice of the time and place for the resumed hearing.

(5)The persons referred to in sub-paragraph (4)(b) are—

(a)the offender,

(b)if the offender is aged under 14, a parent or guardian of the offender, and

(c)the responsible officer.

(6)If a local authority has parental responsibility for an offender who is in its care or provided with accommodation by it in the exercise of any social services functions, the reference in sub-paragraph (5)(b) to a parent or guardian of the offender is to be read as a reference to that authority.

(7)In sub-paragraph (6)—

(8)The powers of a youth court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(9)This paragraph—

(a)applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b)is not to be taken to affect the application of that section to hearings of any other description.]

AppealsE+W

7The offender may appeal to the Crown Court against—

(a)any order made under paragraph 2(2) or 5(1) above except an order made or which could have been made in his absence (by virtue of paragraph 6(9) above);

(b)the dismissal of an application under paragraph 5(1) above to revoke [F32a] reparation order.

Textual Amendments