SCHEDULES
C1SCHEDULE 7Breach, revocation or amendment of youth rehabilitation order
C1PART 2Breach of requirement of order
Powers in paragraphs 6 and 7 to re-sentence: further provisions relating to intensive supervision and surveillance
I1C111
1
This paragraph applies where—
a
the court is dealing with the offender under paragraph 6(5)(c) or 7(2)(c) for an offence, and
b
the offender has wilfully and persistently failed to comply with the youth rehabilitation order.
2
The court may impose a youth rehabilitation order with intensive supervision and surveillance even if—
a
the offence is not an imprisonable offence, or
b
the court is not of the opinion mentioned in section 180(2)(a) (custodial sentence otherwise appropriate).
3
If—
a
the order is a youth rehabilitation order with intensive supervision and surveillance, and
b
the offence is an imprisonable offence,
the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (threshold for imposing discretionary custodial sentence).
4
If—
a
the order is a youth rehabilitation order with intensive supervision and surveillance which was imposed by virtue of sub-paragraph (2), and
b
the offence is not an offence punishable with imprisonment,
the court's powers under paragraph 6(5)(c) or 7(2)(c) to deal with the offender for the offence include power to make a detention and training order for a term not exceeding 4 months.
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)