SCHEDULES

C1SCHEDULE 7Breach, revocation or amendment of youth rehabilitation order

Annotations:
Modifications etc. (not altering text)
C1

Sch. 7 applied (with modifications) by 2008 c. 4, s. 39(6)(c), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C1PART 3Revocation of order with or without re-sentencing

Crown Court youth rehabilitation order

I1C113

1

This paragraph applies where a Crown Court youth rehabilitation order is in force and—

a

the offender, or

b

the responsible officer,

makes an application to the Crown Court under this sub-paragraph.

2

No application may be made under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending.

3

Unless the application was made by the offender, the Crown Court—

a

must, before exercising its powers under sub-paragraph (4)(b), summon the offender to appear before the court, and

b

if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

4

If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the Crown Court may—

a

revoke the order, or

b

both—

i

revoke the order, and

ii

re-sentence the offender for the offence in respect of which the order was made.

5

The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (4) include the offender's—

a

making good progress, or

b

responding satisfactorily to supervision or treatment (as the case requires).

6

If the Crown Court deals with the offender under sub-paragraph (4)(b), it must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

7

If the application is dismissed, no-one may make a further application under sub-paragraph (1) during the 3 month period beginning with the date of the dismissal, except with the consent of the Crown Court.