Sentencing Act 2020 (c. 17)

SCHEDULES

SCHEDULE 7 E+W Breach, revocation or amendment of youth rehabilitation order

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)

PART 3 E+W Revocation of order with or without re-sentencing

Youth rehabilitation order subject to magistrates' court supervision E+W

12 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order subject to magistrates' court supervision is in force in respect of an offender,

(b) the offender or the responsible officer makes an application to the appropriate court under this sub-paragraph.

(2) In this paragraph, “the appropriate court” means—

(a) if the offender is aged under 18 when the application under sub-paragraph (1) is made, a youth court acting in the offender's home local justice area, and

(b) if the offender is aged 18 or over at that time, a magistrates' court (other than a youth court) acting in that local justice area.

(3) No application may be made under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending.

(4) Unless the application was made by the offender, the appropriate court—

(a) must, before exercising its powers under sub-paragraph (5)(b), summon the offender to appear before it, and

(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(5) If it appears to the appropriate 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 appropriate court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

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

(6) The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (5) include the offender's—

(a) making good progress, or

(b) responding satisfactorily to supervision or treatment (as the case requires).

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

(8) A person sentenced under sub-paragraph (5)(b) for an offence may appeal to the Crown Court against the sentence.

(9) If the application is dismissed, no-one may make a further application under sub-paragraph (1) during the 3 month period beginning with the date of the dismissal, except with the consent of the appropriate court.

Commencement Information

I1 Sch. 7 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2