SCHEDULES

C1SCHEDULE 7Breach, revocation or amendment of youth rehabilitation order

Annotations:
Modifications etc. (not altering text)
C1

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)

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.