Schedule 10: Youth Justice Orders: Enforcement Etc
193.This Schedule adds Schedule 1A to the 1998 Order. This makes provision dealing with the consequences of a breach of a reparation order, community responsibility order or youth conference order (each of which is referred to as a “relevant order” in the Schedule) and the revocation and amendment of a relevant order.
194.If a person in respect of whom a relevant order is in force breaches that order there are two possible ways the matter could be dealt with by the courts, following an application by the responsible officer:
it could impose an additional order as punishment for the breach (paragraph 3); or
it could revoke the relevant order and re-sentence the offender for the original offence (paragraph 4).
195.When dealing with an offender under paragraph 3 or 4, the court must take into account the extent to which the offender has complied with the relevant order (paragraph 2(3)).
196.Paragraph 3 deals with the imposition of an additional order by the court for breach of the relevant order. The application must be brought to the youth court. Sub-paragraph (1) sets out what additional orders may be imposed. If such an order is made the offender is then subject to both the original relevant order and the new order imposed by the court as punishment for the breach. This paragraph makes certain modifications to the basic provisions relating to the orders which may be imposed for breach to ensure they work properly in this context. In relation to community service orders, sub-paragraph (5) provides that there is to be no minimum period for such an order when imposed for breach and a maximum of 60 hours. This is in contrast to the position where a community service order is imposed for an offence in which case it must be of at least 40 hours and no more than 240 hours (Article 13(2) of the 1996 Order).
197.Paragraph 4 deals with the situation where the court thinks an additional order is not appropriate punishment for the breach of the relevant order and wants instead to revoke it and re-sentence the offender for the original offence. Sub-paragraph (6) of paragraph 4 allows a court when re-sentencing an offender who has persistently failed to comply with a requirement to assume that the offender has not consented to the relevant order. This provision makes it clear that, where an offender breaches a relevant order, the court can rely on Article 19(3) of the 1996 Order and impose a custodial sentence despite Article 19(2) of that Order. Article 19(2) provides that a court may only impose a custodial sentence for an offence where it is of the opinion that the offence was so serious that only such a sentence was justified or, in the case of a violent or sexual offence, that only a custodial sentence would be adequate to protect the public from serious harm. Article 19(3) provides that nothing in paragraph 2 of that Article prevents a court from passing a custodial sentence where the offender refuses to give his consent to a community sentence proposed by the court and which requires his consent.
198.Paragraph 5 enables the responsible officer or the offender to apply to the court for the revocation or amendment of the relevant order or for an extension of the time within which the relevant order must be complied with. The powers provided by this paragraph are not dependent on the offender being in breach of the relevant order, but could be exercised in those circumstances instead of the specific powers to deal with breach discussed above.
199.Paragraph 6 makes provision for the situation where the offender in respect of whom a relevant order is in force is convicted of another offence. This paragraph ensures that the courts have the power to make any order in respect of the relevant order necessary to take account of the subsequent conviction. The powers are the same as those conferred on the court under paragraph 5 of the Schedule – to revoke or vary the relevant order or extend the period within which it must be complied with.
200.Paragraph 8 provides that the offender must be in court before the court can make an order under paragraphs 3, 4, 5 or 6 in respect of him, subject to the minor exceptions in sub-paragraph (8). It sets out a procedure whereby the court can secure the presence of the offender in court. The reference in sub-paragraph (6)(b) to the place “to which it [the court] would remand him if making an order under Article 13” is a reference to the place of remand provided for by Article 13 of the 1998 Order for children. Article 13 is amended by paragraph 69 of Schedule 12.
201.A right of appeal against decisions under this Schedule is provided by the amendments to Article 140 of the Magistrates’ Court (Northern Ireland) Order 1981 (appeal from magistrates’ court) (see paragraphs 29 to 31 of Schedule 12) and to section 9 of the Criminal Appeal (Northern Ireland) Act 1980 (appeal from Crown Court) (see paragraph 15of Schedule 12).
