SCHEDULES
SCHEDULE 2Breach of injunctions: powers of court in respect of under-18s
PART 3Detention orders
Detention orders
I114
1
A detention order is an order that the person in respect of whom it is made (“the defaulter”) be detained for a period specified in the order in whatever youth detention accommodation the Secretary of State decides.
2
The period specified under sub-paragraph (1) may not exceed the period of 3 months (not counting the day on which the order is made).
3
In sub-paragraph (1) “youth detention accommodation” means—
a
a secure training centre;
b
a young offender institution;
c
secure accommodation, as defined by section 23(12) of the Children and Young Persons Act 1969.
4
The function of the Secretary of State under sub-paragraph (1) is exercisable concurrently with the Youth Justice Board.
5
A person detained under a detention order is in legal custody.
Revocation of detention order
I215
1
Where a detention order is made, the original applicant or the defaulter may apply to a youth court to revoke it.
2
If it appears to the court to be in the interests of justice to do so, having regard to circumstances that have arisen since the detention order was made, the court may grant an application under sub-paragraph (1) and revoke the order accordingly.
3
The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter.
4
If an application under this paragraph is dismissed, the party by which the dismissed application was made may make no further application under this paragraph without—
a
the consent of the court, or
b
the agreement of the other party.
5
A person making an application under this paragraph in relation to a detention order made under paragraph 1 must before doing so consult any youth offending team specified in the injunction under section 3(1) or, if none is specified, the local youth offending team within the meaning of section 14.
6
A person making an application under this paragraph in relation to a detention order made under paragraph 12(4)(b) must before doing so consult the youth offending team for the time being specified in the relevant supervision order.