Part VCustodial sentences etc.
Chapter IIDetention and custody of young offenders
Detention and training orders
104Breach of supervision requirements
1
Where a detention and training order is in force in respect of an offender and it appears on information to a justice of the peace acting for a relevant petty sessions area that the offender has failed to comply with requirements under section 103(6)(b) above, the justice—
a
may issue a summons requiring the offender to appear at the place and time specified in the summons before a youth court acting for the area; or
b
if the information is in writing and on oath, may issue a warrant for the offender’s arrest requiring him to be brought before such a court.
2
For the purposes of this section a petty sessions area is a relevant petty sessions area in relation to a detention and training order if—
a
the order was made by a youth court acting for it; or
b
the offender resides in it for the time being.
3
If it is proved to the satisfaction of the youth court before which an offender appears or is brought under this section that he has failed to comply with requirements under section 103(6)(b) above, that court may—
a
order the offender to be detained, in such secure accommodation as the Secretary of State may determine, for such period, not exceeding the shorter of three months or the remainder of the term of the detention and training order, as the court may specify; or
b
impose on the offender a fine not exceeding level 3 on the standard scale.
4
An offender detained in pursuance of an order under subsection (3)(a) above shall be deemed to be in legal custody.
5
A fine imposed under subsection (3)(b) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.
6
An offender may appeal to the Crown Court against any order made under subsection (3)(a) or (b) above.