SCHEDULES
C1SCHEDULE 2Breach, revocation or amendment of youth rehabilitation orders
C1Part 2Breach of requirement of order
Issue of summons or warrant by justice of the peace
I1C15
1
If at any time while a youth rehabilitation order is in force it appears on information to a justice of the peace that an offender has failed to comply with a youth rehabilitation order, 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.
2
Any summons or warrant issued under this paragraph must direct the offender to appear or be brought—
a
if the youth rehabilitation order was made by the Crown Court and does not include a direction under paragraph 36 of Schedule 1, before the Crown Court, and
b
in any other case, before the appropriate court.
3
In sub-paragraph (2), “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.
4
In sub-paragraph (3), “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 local justice area specified in the youth rehabilitation order.
5
Sub-paragraphs (6) and (7) apply where the offender does not appear in answer to a summons issued under this paragraph.
6
If the summons required the offender to appear before the Crown Court, the Crown Court may—
a
unless the summons was issued under this sub-paragraph, 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.
7
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.
Sch. 2 modified by Criminal Procedure (Scotland) Act 1995 (c. 46), s. 234(6A) (as inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 44(6) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v))