Modifications etc. (not altering text)
C1Pt. 5 Ch. 2 power to modify, amend or repeal conferred (30.9.2003) by Armed Forces Act 2001 (c. 19), ss. 31(1)(a)(3)(6)(7), 39(2); S.I. 2003/2268, art. 2
(1)Where a detention and training order is in force in respect of an offender and it appears on information to a justice of the peace F1... that the offender has failed to comply with requirements under section 103(6)(b) above, the justice—
(a)may issue a summons requiring the offender to appear at the place and time specified in the summons F2... or
(b)if the information is in writing and on oath, may issue a warrant for the offender’s arrest F3....
[F4(2)Any summons or warrant issued under this section shall direct the offender to appear or be brought—
(a)before a youth court acting in the local justice which the offender resides; or
(b)if it is not known where the offender resides, before a youth court acting in the same local justice area as the justice who issued the summons or warrant.]
(3)If it is proved to the satisfaction of the youth court before which an offender appears or is brought under this section that he has failed to comply with requirements under section 103(6)(b) above, that court may—
[F5(a)order the offender to be detained, in such youth detention accommodation as the Secretary of State may determine, for such period, not exceeding the maximum period found under subsection (3A) below, as the court may specify;
(aa)order the offender to be subject to such period of supervision, not exceeding the maximum period found under subsection (3A) below, as the court may specify; or]
(b)impose on the offender a fine not exceeding level 3 on the standard scale.
[F6(3A)The maximum period referred to in subsection (3)(a) and (aa) above is the shorter of—
(a)three months, and
(b)the period beginning with the date of the offender's failure and ending with the last day of the term of the detention and training order.
(3B)For the purposes of subsection (3A) above a failure that is found to have occurred over two or more days is to be taken to have occurred on the first of those days.
(3C)A court may order a period of detention or supervision, or impose a fine, under subsection (3) above before or after the end of the term of the detention and training order.
(3D)A period of detention or supervision ordered under subsection (3) above—
(a)begins on the date the order is made, and
(b)may overlap to any extent with the period of supervision under the detention and training order.]
(4)An offender detained in pursuance of an order under subsection (3)(a) above shall be deemed to be in legal custody.
[F7(4A)Where an order under subsection (3)(a) above is made in the case of a person who has attained the age of 18, the order has effect to require the person to be detained in prison for the period specified by the court.]
(5)A fine imposed under subsection (3)(b) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.
[F8(5A)Sections 104A and 104B below make further provision about the operation of orders under subsection (3) above.]
(6)An offender may appeal to the Crown Court against any order made under subsection (3)(a) [F9, (aa)] or (b) above.
Textual Amendments
F1Words in s. 104(1) omitted (31.3.2005) by virtue of Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 2(2)(a); S.I. 2005/579, art. 3(d)
F2Words in s. 104(1)(a) omitted (31.3.2005) by virtue of Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 2(2)(b); S.I. 2005/579, art. 3(d)
F3Words in s. 104(1)(b) omitted (31.3.2005) by virtue of Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 2(2)(c); S.I. 2005/579, art. 3(d)
F4S. 104(2) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 2(3) (as amended (1.4.2005) by S.I. 2005/886, Sch. para. 113(a)(ii)); S.I. 2005/579, art. 3(d)
F5S. 104(3)(a)(aa) substituted for s. 104(3)(a) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 80(2), 151(1) (with s. 80(10)(11)); S.I. 2012/2906, art. 2(a)
F6S. 104(3A)-(3D) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 80(3), 151(1) (with s. 80(10)(11)); S.I. 2012/2906, art. 2(a)
F7S. 104(4A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 80(4), 151(1) (with s. 80(8)(10)(11)); S.I. 2012/2906, art. 2(a)
F8S. 104(5A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 80(5), 151(1) (with s. 80(10)(11)); S.I. 2012/2906, art. 2(a)
F9Words in s. 104(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 80(6), 151(1) (with s. 80(10)(11)); S.I. 2012/2906, art. 2(a)
Modifications etc. (not altering text)
C2Ss. 102-105 modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 213(1), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C3S. 104(4A) modified (temp.) (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 80(8), 151(1) (with s. 80(10)(11)); S.I. 2012/2906, art. 2(a)