SCHEDULES

SCHEDULE 2Breach of injunctions: powers of court in respect of under-18s

PART 1Introductory

Power to make supervision order or detention order

I11

1

A youth court, if satisfied beyond reasonable doubt that a person aged under 18 is in breach of a provision of an injunction under section 1 to which he or she is subject, may make in respect of the person—

a

a supervision order (see Part 2 of this Schedule), or

b

a detention order (see Part 3 of this Schedule).

2

An order under sub-paragraph (1) may be made only on the application of the person who applied for the injunction.

3

A person making an application for an order under sub-paragraph (1) must before doing so—

a

consult any youth offending team specified under section 3(1) or, if a youth offending team is not specified under that subsection, the local youth offending team within the meaning of section 14;

b

inform any other body or individual the applicant thinks appropriate.

4

In considering whether and how to exercise its powers under this paragraph, the court must consider any representations made by the youth offending team referred to in sub-paragraph (3)(a).

5

A detention order may not be made under sub-paragraph (1) in respect of a person aged under 14.

6

The court may not make a detention order under sub-paragraph (1) unless it is satisfied that, in view of the severity or extent of the breach, no other power available to the court is appropriate.