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Anti-social Behaviour, Crime and Policing BillPage 110

(3) Nothing in this paragraph affects the power of the court at any subsequent
hearing to remand the person afresh.

4 (1) The judge or the court may not remand a person for a period exceeding 8
clear days unless—

(a) 5paragraph 5 or 6 applies, or

(b) the person is remanded on bail and both that person and the person
who applied for the injunction consent to a longer period.

(2) Where the judge or the court has power to remand a person in custody, the
person may be committed to the custody of a constable if the remand is for
10a period not exceeding 3 clear days.

Remand for medical examination and report

5 (1) This paragraph applies where—

(a) the judge or the court has reason to think that a medical report will
be needed, and

(b) 15the judge or the court remands the person in order to enable a
medical examination to take place and a report to be made.

(2) If (in the case of a person aged 18 or over) the person is remanded in custody,
the adjournment may not be for more than 3 weeks at a time.

(3) If the person is remanded on bail, the adjournment may not be for more than
204 weeks at a time.

6 (1) If the judge or the court—

(a) is satisfied, on the written or oral evidence of a registered medical
practitioner, that there is reason to suspect that the person is
suffering from mental disorder, and

(b) 25is of the opinion that it would be impracticable for a report on the
person’s mental condition to be made if he or she were remanded on
bail,

the judge or the court may remand the person to a hospital or registered
establishment specified by the judge or the court for such a report to be
30made.

(2) In sub-paragraph (1)

(3) Subsections (4) to (10) of section 35 of the Mental Health Act 1983 apply for
the purposes of sub-paragraph (1) with any necessary modifications (in
40particular, with references to the accused person being read as references to
the person mentioned in that sub-paragraph, and references to the court
being read as references to the judge or the court).

Further remand

7 (1) If the court is satisfied that a person who has been remanded is unable by
45reason of illness or accident to appear or be brought before the court at the

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end of the period of remand, the court may further remand the person in his
or her absence.

(2) The power in sub-paragraph (1) may, in the case of a person who was
remanded on bail, be exercised by enlarging the person’s recognizance and
5those of any sureties for the person to a later time.

(3) Where a person remanded on bail is bound to appear before the court at any
time and the court has no power to remand the person under sub-paragraph
(1), the court may (in the person’s absence) enlarge the person’s
recognizance and those of any sureties for the person to a later time.

(4)
10The enlargement of the person’s recognizance is to be treated as a further
remand.

(4)
Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers
conferred by this paragraph.

Postponement of taking recognizance

8 15Where under paragraph 2(3)(b) the court fixes the amount in which the
principal and the sureties, if any, are to be bound, the recognizance may
afterwards be taken by a person prescribed by rules of court, with the same
consequences as if it had been entered into before the court.

Requirements imposed on remand on bail

9 20The court may when remanding a person on bail under this Schedule
require the person to comply, before release on bail or later, with any
requirements that appear to the court to be necessary to secure that the
person does not interfere with witnesses or otherwise obstruct the course of
justice.

Section 11

25SCHEDULE 2 Breach of injunctions: powers of court in respect of under-18s

Part 1 Introductory

Power to make supervision order or detention order

1 (1) 30A youth court, if satisfied beyond reasonable doubt that a person aged under
18 is in breach of a provision of an injunction under section 1 to which he or
she is subject, may make in respect of the person—

(a) a supervision order (see Part 2 of this Schedule), or

(b) a detention order (see Part 3 of this Schedule).

(2) 35An order under sub-paragraph (1) may be made only on the application of
the person who applied for the injunction.

(3) A person making an application for an order under sub-paragraph (1) must
before doing so—

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(a) consult any youth offending team specified under section 2(1) or, if
a youth offending team is not specified under that subsection, the
local youth offending team within the meaning of section 14;

(b) inform any other body or individual the applicant thinks
5appropriate.

(4) In considering whether and how to exercise its powers under this
paragraph, the court must consider any representations made by the youth
offending team referred to in sub-paragraph (3)(a).

(5) A detention order may not be made under sub-paragraph (1) in respect of a
10person aged under 14.

(6) The court may not make a detention order under sub-paragraph (1) unless it
is satisfied that, in view of the severity or extent of the breach, no other
power available to the court is appropriate.

Part 2 15Supervision orders

Supervision orders

2 (1) A supervision order is an order imposing on the person in respect of whom
it is made (“the defaulter”) one or more of the following requirements—

(a) a supervision requirement (see paragraph 3);

(b) 20an activity requirement (see paragraph 4);

(c) a curfew requirement (see paragraph 5).

(2) Before making a supervision order the court must obtain and consider
information about the defaulter’s family circumstances and the likely effect
of a supervision order on those circumstances.

(3) 25Before making a supervision order imposing two or more requirements, the
court must consider their compatibility with each other.

(4) The court must ensure, as far as practicable, that requirements imposed by a
supervision order are such as to avoid—

(a) any conflict with the defaulter’s religious beliefs;

(b) 30any interference with the times, if any, at which the defaulter
normally works or attends school or any other educational
establishment;

(c) any conflict with the requirements of any other court order or
injunction to which the defaulter may be subject.

(5) 35A supervision order must for the purposes of this Schedule specify a
maximum period for the operation of any requirement contained in the
order.

(6) The period specified under sub-paragraph (5) may not exceed 6 months (not
counting the day on which the order is made).

(7) 40A supervision order must for the purposes of this Schedule specify—

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(a) the youth offending team in whose area it appears to the court that
the respondent will live during the period specified under sub-
paragraph (5), or

(b) if it appears to the court that the defaulter will live in more than one
5such area, whichever of the relevant youth offending teams the court
decides.

Supervision requirements

3 (1) In this Schedule “supervision requirement”, in relation to a supervision
order, means a requirement that the defaulter attend appointments with—

(a) 10the responsible officer (see paragraph 7), or

(b) another person decided by the responsible officer,

at whatever times and places the responsible officer instructs.

(2) The appointments must be within the period for the time being specified in
the order under paragraph 2(5).

15Activity requirements

4 (1) In this Schedule “activity requirement”, in relation to a supervision order,
means a requirement that the defaulter do any or all of the following within
the period for the time being specified in the order under paragraph 2(5)

(a) participate, on however many days are specified in the order, in
20activities at a place or places specified in it;

(b) participate in an activity or activities specified in the order on
however many days are specified in it;

(c) participate in one or more residential exercises for a continuous
period or periods comprising however many days are specified in
25the order;

(d) in accordance with sub-paragraphs (8) to (10), engage in activities in
accordance with instructions of the responsible officer on however
many days are specified in the order.

(2) The aggregate number of days specified in a supervision order in relation to
30an activity requirement must not be less than 12 or more than 24.

(3) A requirement referred to in sub-paragraph (1)(a) operates to require the
defaulter, in accordance with instructions given by the responsible officer,
on the number of days specified in the order in relation to the requirement—

(a) to present himself or herself at a place specified in the order to a
35person of a description specified in it;

(b) on each day, to comply with instructions given by, or under the
authority of, the person in charge of the place.

(4) A requirement referred to in sub-paragraph (1)(b) operates to require the
defaulter, in accordance with instructions given by the responsible officer,
40on the number of days specified in the order in relation to the requirement—

(a) to participate in an activity specified in the order;

(b) on each day, to comply with instructions given by, or under the
authority of, the person in charge of the activity.

(5) Where the order includes a requirement referred to in sub-paragraph (1)(c)
45to participate in a residential exercise, it must specify either—

(a) a place, or

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(b) an activity,

in relation to the exercise.

(6) A requirement under sub-paragraph (1)(c) to participate in a residential
exercise in relation to which a place is specified under sub-paragraph (5)
5operates to require the defaulter, in accordance with instructions given by
the responsible officer—

(a) to present himself or herself at the beginning of the period specified
in the order in relation to the exercise, at the place specified in it, to a
person of a description specified in the instructions;

(b) 10to live there for that period;

(c) during that period to comply with instructions given by, or under
the authority of, the person in charge of the place.

(7) A requirement under sub-paragraph (1)(c) to participate in a residential
exercise in relation to which an activity is specified under sub-paragraph (5)
15operates to require the defaulter, in accordance with instructions given by
the responsible officer—

(a) to participate, for the period specified in the order in relation to the
exercise, in the activity specified in it;

(b) during that period to comply with instructions given by, or under
20the authority of, the person in charge of the activity.

(8) Subject to sub-paragraph (9), instructions under sub-paragraph (1)(d)
relating to any particular day must require the defaulter to do either of the
following—

(a) to present himself or herself to a person of a description specified in
25the instructions at a place specified in them;

(b) to participate in an activity specified in the instructions.

The instructions operate to require the defaulter, on that day or while
participating in that activity, to comply with instructions given by, or under
the authority of, the person in charge of the place or activity.

(9) 30If the supervision order so provides, instructions under sub-paragraph
(1)(d) may require the defaulter to participate in a residential exercise for a
period comprising not more than seven days, and for that purpose—

(a) to present himself or herself at the beginning of that period to a
person of a description specified in the instructions at a place
35specified in them, and to live there for that period, or

(b) to participate for that period in an activity specified in the
instructions.

(10) Instructions of the kind mentioned in sub-paragraph (9)

(a) may not be given except with the consent of a parent or guardian of
40the defaulter;

(b) operate to require the defaulter, during the period specified under
that sub-paragraph, to comply with instructions given by, or under
the authority of, the person in charge of the place or activity specified
under paragraph (a) or (b) of that sub-paragraph.

(11) 45Instructions given by, or under the authority of, a person in charge of a place
under sub-paragraph (3)(b), (6)(c), (8) or (10)(b) may require the defaulter to
engage in activities otherwise than at that place.

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(12) Where a supervision order contains an activity requirement, the court may,
on the application of the original applicant or the defaulter, amend the order
by substituting for a number of days, place, activity, period or description of
persons specified in the order a new number of days, place, activity, period
5or description (subject, in the case of a number of days, to sub-paragraph
(2)).

(13) A court may include an activity requirement in a supervision order or vary
an activity requirement under sub-paragraph (12) only if—

(a) it has consulted the youth offending team that is to be, or is, specified
10in the order,

(b) it is satisfied that it is feasible to secure compliance with the
requirement, or the requirement as varied,

(c) it is satisfied that provision for the defaulter to participate in the
activities proposed can be made under the arrangements for persons
15to participate in those activities which exist in the area of the youth
offending team that is to be, or is, specified in the order, and

(d) in a case where the requirement, or the requirement as varied, would
involve the co-operation of a person other than the defaulter and the
responsible officer, that person consents to its inclusion or variation.

(14) 20In sub-paragraph (10) “guardian” has the same meaning as in the Children
and Young Persons Act 1933.

But where a local authority has parental responsibility (within the meaning
given by section 3 of the Children Act 1989) for a defaulter who—

(a) is in the authority’s care, or

(b) 25is provided with accommodation by the authority in the exercise of
social services functions (within the meaning given by section 1A of
the Local Authority Social Services Act 1970),

the reference to “guardian” in sub-paragraph (10) is to be read as a reference
to that authority.

30Curfew requirements

5 (1) In this Schedule “curfew requirement”, in relation to a supervision order,
means a requirement that the defaulter remain at a place specified in the
order for the periods specified in it.

(2) A supervision order imposing a curfew requirement may specify different
35places or different periods for different days.

(3) The periods specified under sub-paragraph (1)—

(a) must be within the period for the time being specified in the order
under paragraph 2(5);

(b) may not amount to less than 2 or more than 8 hours in any day.

(4) 40Before specifying a place under sub-paragraph (1), the court making the
order must obtain and consider information about the place proposed to be
specified (including information as to the attitude of persons likely to be
affected by the enforced presence there of the defaulter).

(5) Where a supervision order contains a curfew requirement, the court may, on
45the application of the original applicant or the defaulter, amend the order
by—

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(a) substituting new periods for the periods specified in the order under
this paragraph (subject to sub-paragraph (3));

(b) substituting a new place for the place specified in the order under
this paragraph (subject to sub-paragraph (4)).

5Electronic monitoring requirements

6 (1) A supervision order containing a curfew requirement may also contain a
requirement (an “electronic monitoring requirement”) for securing the
electronic monitoring of compliance with the curfew requirement during a
period—

(a) 10specified in the order, or

(b) determined by the responsible officer in accordance with the order.

(2) In the case referred to in sub-paragraph (1)(b), the responsible officer must,
before the beginning of the period when the electronic monitoring
requirement is to take effect, notify—

(a) 15the defaulter,

(b) the person responsible for the monitoring, and

(c) any person within sub-paragraph (3)(b),

of the time when that period is to begin.

(3) Where—

(a) 20it is proposed to include an electronic monitoring requirement in a
supervision order, but

(b) there is a person (other than the defaulter) without whose co-
operation it will not be practicable to secure that the monitoring
takes place,

25the requirement may not be included in the order without that person’s
consent.

(4) A supervision order imposing an electronic monitoring requirement must
include provision for making a person responsible for the monitoring.

(5) An electronic monitoring requirement may not be included in a supervision
30order unless the court making the order—

(a) has been notified by the youth offending team for the time being
specified in the order that arrangements for electronic monitoring
are available in the area that includes the place the court proposes to
specify in the order for the purposes of the curfew requirement, and

(b) 35is satisfied that the necessary provision can be made under the
arrangements currently available.

(6) Where a supervision order contains an electronic monitoring requirement,
the court may, on the application of the original applicant or the defaulter,
amend the order by substituting a new period for the period specified in the
40order under this paragraph.

(7) Sub-paragraph (3) applies in relation to the variation of an electronic
monitoring requirement under sub-paragraph (6) as it applies in relation to
the inclusion of a requirement.

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“Responsible officer”

7 (1) For the purposes of this Part of this Schedule, the “responsible officer”, in
relation to a supervision order, means—

(a) in a case where the order imposes a curfew requirement and an
5electronic monitoring requirement, but does not impose an activity
or supervision requirement, the person who under paragraph 6(4) is
responsible for the electronic monitoring;

(b) in any other case, the member of the youth offending team for the
time being specified in the order who is for the time being
10responsible for discharging the functions conferred by this Schedule
on the responsible officer.

(2) Where a supervision order has been made, it is the duty of the responsible
officer—

(a) to make any arrangements that are necessary in connection with the
15requirements contained in the order;

(b) to promote the defaulter’s compliance with those requirements.

(3) The responsible officer must ensure, so far as practicable, that any
instructions given by the officer under a supervision order are such as to
avoid the things referred to in paragraph 2(4).

(4) 20A defaulter in respect of whom a supervision order is made must—

(a) keep in touch with the responsible officer, in accordance with any
instructions given by the responsible officer from time to time;

(b) notify the responsible officer of any change of address.

These obligations have effect as requirements of the order.

25Amendment of operative period

8 (1) The court may, on the application of the original applicant, amend a
supervision order by substituting a new period for the one specified in the
order for the time being under paragraph 2(5) (subject to paragraph 2(6)).

(2) A court amending a supervision order under sub-paragraph (1) may make
30whatever other amendments to the order the court considers appropriate in
relation to a requirement imposed by the order.

Amendment on change of area of residence

9 (1) This paragraph applies where, on an application made in relation to a
supervision order by the original applicant or the defaulter, the court is
35satisfied that the defaulter proposes to live, or is living, in the area of a youth
offending team other than the team for the time being specified in the order.

(2) If the application is made by the defaulter, the court may amend the order
by substituting for the youth offending team specified in the order the youth
offending team for the area referred to in sub-paragraph (1) (or, if there is
40more than one youth offending team for that area, whichever of them the
court decides).

(3) If the application is made by the original applicant, the court must amend
the order in the way mentioned in sub-paragraph (2) (subject to sub-
paragraph (5)).

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(4) Where a court amends the supervision order under sub-paragraph (2) or (3)
but the order contains a requirement that, in the opinion of the court, cannot
reasonably be complied with if the defaulter lives in the area referred to in
sub-paragraph (1), the court must also amend the order by—

(a) 5removing that requirement, or

(b) substituting for that requirement a new requirement that can
reasonably be complied with if the defaulter lives in that area.

(5) Sub-paragraph (3) does not require a court to amend the supervision order
if in its opinion sub-paragraph (4) would produce an inappropriate result.

(6) 10The original applicant must consult the youth offending team for the time
being specified in the order before making an application under sub-
paragraph (1).

Revocation of supervision order

10 (1) The original applicant or the defaulter may apply to a youth court—

(a) 15to revoke a supervision order;

(b) to amend a supervision order by removing a requirement from it.

(2) If it appears to the court to be in the interests of justice to do so, having
regard to circumstances that have arisen since the supervision order was
made, the court may grant an application under sub-paragraph (1) and
20revoke or amend the order accordingly.

(3) The circumstances referred to in sub-paragraph (2) include the conduct of
the defaulter.

(4) If an application under this paragraph is dismissed, the party by which the
dismissed application was made may make no further application under
25this paragraph without—

(a) the consent of the court, or

(b) the agreement of the other party.

(5) The original applicant must consult the youth offending team for the time
being specified in the supervision order before making an application under
30sub-paragraph (1).

Compliance with supervision order

11 If the responsible officer considers that the defaulter has complied with all
the requirements of the supervision order, the officer must inform the
original applicant.

35Non-compliance with supervision order

12 (1) If the responsible officer considers that the defaulter has failed to comply
with a requirement of the supervision order, the officer must inform the
original applicant.

(2) On being informed under sub-paragraph (1) the original applicant may
40apply to a youth court.

(3) Before making an application under sub-paragraph (2) the original applicant
must—

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(a) consult the youth offending team for the time being specified in the
order;

(b) inform any other body or individual the original applicant thinks
appropriate.

(4) 5If on an application under sub-paragraph (2) the court is satisfied beyond
reasonable doubt that the defaulter has without reasonable excuse failed to
comply with a requirement of the supervision order, the court may—

(a) revoke the supervision order and make a new one;

(b) revoke the order and make a detention order (see Part 3 of this
10Schedule).

(5) The powers in sub-paragraph (4)

(a) may not be exercised after the defaulter reaches the age of 18;

(b) are in addition to any other power of the court in relation to the
breach of the supervision order.

(6) 15The court must consider any representations made by the youth offending
team for the time being specified in the order before exercising its powers
under this paragraph.

Copies of supervision order etc

13 (1) A court that makes a supervision order must straight away provide a copy
20of the order to—

(a) the defaulter;

(b) the youth offending team for the time being specified in the order.

(2) Where a supervision order is made, the original applicant must straight
away provide a copy of so much of the order as is relevant—

(a) 25in a case where the order includes an activity requirement specifying
a place under paragraph 4(1)(a), to the person in charge of that place;

(b) in a case where the order includes an activity requirement specifying
an activity under paragraph 4(1)(b), to the person in charge of that
activity;

(c) 30in a case where the order includes an activity requirement specifying
a residential exercise under paragraph 4(1)(c), to the person in charge
of the place or activity specified under paragraph 4(5) in relation to
that residential exercise;

(d) in a case where the order contains an electronic monitoring
35requirement, to—

(i) any person who by virtue of paragraph 6(4) will be
responsible for the electronic monitoring, and

(ii) any person without whose consent that requirement could
not have been included in the order.

(3) 40A court that revokes or amends a supervision order must straight away
provide a copy of the revoking order, or of the order as amended, to—

(a) the defaulter;

(b) the youth offending team for the time being specified in the order.

(4) Where—

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