SCHEDULES
C1SCHEDULE 7Breach, revocation or amendment of youth rehabilitation order
C1PART 2Breach of requirement of order
Duty to give warning or lay information relating to breach of order
I1C14
1
This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a requirement of a youth rehabilitation order.
2
Sub-paragraph (3) applies if—
a
the breach occurred during a warned period relating to an earlier breach of the order, and
b
during that warned period the offender had been given a further warning in relation to the order.
3
The responsible officer must cause an information to be laid before a justice of the peace in respect of that breach unless of the opinion that there are exceptional circumstances which justify not doing so.
4
If sub-paragraph (3) does not apply, the responsible officer must either—
a
give the offender a warning under this paragraph, or
b
cause an information to be laid before a justice of the peace in respect of that breach.
5
A warning under this paragraph must—
a
describe the circumstances of the breach,
b
state that the breach is unacceptable, and
c
inform the offender that the offender will be liable to be brought before a court if the offender breaches a requirement of the order again—
i
more than once during the warned period, or
ii
if the warning is given during the warned period relating to an earlier breach of the order, during that warned period.
6
For the purposes of this paragraph, “warned period”, in relation to a breach of a requirement of the youth rehabilitation order, means the period of 12 months beginning with the date on which a warning is given under this paragraph in relation to the breach.
7
As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.
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)