Sentencing Act 2020

Powers of magistrates’ court following subsequent conviction

21 (1) This paragraph applies if—

(a) the existing youth rehabilitation order is subject to magistrates’ court supervision, and

(b) the convicting court is dealing with the offender for the further offence.

(2) If it appears to the convicting 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 convicting court may—

(a) revoke the youth rehabilitation order, or

(b) both—

(i) revoke the youth rehabilitation order, and

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

(3) Unless the offender is before it, the convicting court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the court may issue a warrant for the offender’s arrest.

(5) If the convicting court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

(6) A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.