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 4Amendment of order

Exercise of powers under paragraph 15(3)(b): further provision

I1C117

1

Before exercising its powers under paragraph 15(3)(b) (replacing requirements of a youth rehabilitation order), the court must summon the offender to appear before it, unless—

a

the application under paragraph 15(1)(b) was made by the offender, or

b

the court would exercise the powers only to—

i

replace any requirement of the youth rehabilitation order with one of a shorter duration, or

ii

substitute a new local justice area or place for one specified in the order.

2

If the offender fails to appear in answer to a summons under sub-paragraph (1) the court may issue a warrant for the offender's arrest.

3

Any requirement imposed under paragraph 15(3)(b) must be capable of being complied with before the end date.

This is subject to paragraph 18.

4

Any provision that applies to a court where it imposes a requirement on making a youth rehabilitation order applies also to the court where it imposes such a requirement under paragraph 15(3)(b).

That is subject to the following provisions of this paragraph and paragraphs 18 and 19.

5

Sub-paragraph (6) applies where—

a

the order includes a fostering requirement (the “original requirement”), and

b

under paragraph 15(3)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement.

6

The fostering period (see paragraph 26(3) of Schedule 6) for the substitute requirement must end—

a

within 18 months beginning with the day on which the original requirement first took effect, and

b

before the offender reaches the age of 18.

7

The court may not under paragraph 15(3)(b) impose—

a

a mental health treatment requirement,

b

a drug treatment requirement, or

c

a drug testing requirement,

unless the offender has expressed willingness to comply with the requirement.

8

If the offender fails to express willingness to comply with a mental health treatment requirement, a drug treatment requirement or a drug testing requirement which the court proposes to impose under paragraph 15(3)(b), the court may—

a

revoke the youth rehabilitation order, and

b

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

9

If the court deals with the offender under sub-paragraph (8)(b), it must take into account the extent to which the offender has complied with the requirements of the order.