SCHEDULES
C1SCHEDULE 7Breach, revocation or amendment of youth rehabilitation order
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.
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)