Criminal Justice and Immigration Act 2008

Powers of Crown Court following subsequent conviction E+W

19 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order is in force in respect of an offender, and

(b) the offender—

(i) is convicted by the Crown Court of an offence, or

(ii) is brought or appears before the Crown Court by virtue of paragraph 18(9) or (11) or having been committed by the magistrates' court to the Crown Court for sentence.

(2) The Crown Court may revoke the order.

(3) Where the Crown Court revokes the order under sub-paragraph (2), the Crown Court may deal with the offender, for the offence in respect of which the order was made, in any way in which the court which made the order could have dealt with the offender for that offence.

(4) The Crown Court must not exercise its powers under sub-paragraph (2) or (3) unless it considers that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made.

(5) In dealing with an offender under sub-paragraph (3), the Crown Court must take into account the extent to which the offender has complied with the order.

(6) If the offender is brought or appears before the Crown Court by virtue of paragraph 18(9) or (11), the Crown Court may deal with the offender for the further offence in any way which the convicting court could have dealt with the offender for that offence.

(7) In sub-paragraph (6), “further offence” and “the convicting court” have the same meanings as in paragraph 18.

Modifications etc. (not altering text)

C1 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))

Commencement Information

I1 Sch. 2 para. 19 in force at 30.11.2009 by S.I. 2009/3074, art. 2(n)