|
| |
|
| |
(i) | was made by a youth court or other magistrates’ court, or |
| |
(ii) | was made by the Crown Court and contains a direction |
| |
under paragraph 35 of Schedule 1, and |
| |
(c) | the offender or the responsible officer makes an application to the |
| 5 |
appropriate court under this sub-paragraph. |
| |
(2) | 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 order was made, |
| |
the appropriate court may— |
| |
| 10 |
| |
(i) | revoke the order, and |
| |
(ii) | deal with the offender, for the offence in respect of which the |
| |
order was made, in any way in which the appropriate court |
| |
could have dealt with the offender for that offence (had the |
| 15 |
offender been before that court to be dealt with for it). |
| |
(3) | The circumstances in which a youth rehabilitation order may be revoked |
| |
under sub-paragraph (2) include the offender’s making good progress or |
| |
responding satisfactorily to supervision or treatment (as the case requires). |
| |
(4) | In dealing with an offender under sub-paragraph (2)(b), the appropriate |
| 20 |
court must take into account the extent to which the offender has complied |
| |
with the requirements of the youth rehabilitation order. |
| |
(5) | A person sentenced under sub-paragraph (2)(b) for an offence may appeal |
| |
to the Crown Court against the sentence. |
| |
(6) | No application may be made by the offender under sub-paragraph (1) while |
| 25 |
an appeal against the youth rehabilitation order is pending. |
| |
(7) | If an application under sub-paragraph (1) relating to a youth rehabilitation |
| |
order is dismissed, then during the period of three months beginning with |
| |
the date on which it was dismissed no further such application may be made |
| |
in relation to the order by any person except with the consent of the |
| 30 |
| |
(8) | In this paragraph, “the appropriate court” means— |
| |
(a) | if the offender is aged under 18 when the application under sub- |
| |
paragraph (1) was made, a youth court acting in the local justice area |
| |
specified in the youth rehabilitation order, and |
| 35 |
(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. |
| |
Revocation of order with or without re-sentencing: powers of Crown Court |
| |
12 (1) | This paragraph applies where— |
| |
(a) | a youth rehabilitation order is in force in respect of an offender, |
| 40 |
| |
(i) | was made by the Crown Court, and |
| |
(ii) | does not contain a direction under paragraph 35 of Schedule |
| |
| |
(c) | the offender or the responsible officer makes an application to the |
| 45 |
Crown Court under this sub-paragraph. |
| |
|
| |
|
| |
|
(2) | If it appears to the Crown 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 Crown Court may— |
| |
| |
| 5 |
(i) | revoke the order, and |
| |
(ii) | deal with the offender, for the offence in respect of which the |
| |
order was made, in any way in which the Crown Court could |
| |
have dealt with the offender for that offence. |
| |
(3) | The circumstances in which a youth rehabilitation order may be revoked |
| 10 |
under sub-paragraph (2) include the offender’s making good progress or |
| |
responding satisfactorily to supervision or treatment (as the case requires). |
| |
(4) | In dealing with an offender under sub-paragraph (2)(b), the Crown Court |
| |
must take into account the extent to which the offender has complied with |
| |
the youth rehabilitation order. |
| 15 |
(5) | No application may be made by the offender under sub-paragraph (1) while |
| |
an appeal against the youth rehabilitation order is pending. |
| |
(6) | If an application under sub-paragraph (1) relating to a youth rehabilitation |
| |
order is dismissed, then during the period of three months beginning with |
| |
the date on which it was dismissed no further such application may be made |
| 20 |
in relation to the order by any person except with the consent of the Crown |
| |
| |
| |
| |
Amendment by appropriate court |
| 25 |
13 (1) | This paragraph applies where— |
| |
(a) | a youth rehabilitation order is in force in respect of an offender, |
| |
| |
(i) | was made by a youth court or other magistrates’ court, or |
| |
(ii) | was made by the Crown Court and contains a direction |
| 30 |
under paragraph 35 of Schedule 1, and |
| |
(c) | an application for the amendment of the order is made to the |
| |
appropriate court by the offender or the responsible officer. |
| |
(2) | If the appropriate court is satisfied that the offender proposes to reside, or is |
| |
residing, in a local justice area (“the new local justice area”) other than the |
| 35 |
local justice area for the time being specified in the order, the court— |
| |
(a) | must, if the application under sub-paragraph (1)(c) was made by the |
| |
| |
(b) | may, in any other case, |
| |
| amend the youth rehabilitation order by substituting the new local justice |
| 40 |
area for the area specified in the order. |
| |
(3) | Sub-paragraph (2) is subject to paragraph 15. |
| |
(4) | The appropriate court may by order amend the youth rehabilitation order— |
| |
(a) | by cancelling any of the requirements of the order, or |
| |
|
| |
|
| |
|
(b) | by replacing any of those requirements with a requirement of the |
| |
same kind which could have been included in the order when it was |
| |
| |
(5) | Sub-paragraph (4) is subject to paragraph 16. |
| |
(6) | In this paragraph, “the appropriate court” means— |
| 5 |
(a) | if the offender is aged under 18 when the application under sub- |
| |
paragraph (1) was made, a youth court acting in the local justice area |
| |
specified in the youth rehabilitation order, 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. |
| 10 |
| |
14 (1) | This paragraph applies where— |
| |
(a) | a youth rehabilitation order is in force in respect of an offender, |
| |
| |
(i) | was made by the Crown Court, and |
| 15 |
(ii) | does not contain a direction under paragraph 35 of Schedule |
| |
| |
(c) | an application for the amendment of the order is made to the Crown |
| |
Court by the offender or the responsible officer. |
| |
(2) | If the Crown Court is satisfied that the offender proposes to reside, or is |
| 20 |
residing, in a local justice area (“the new local justice area”) other than the |
| |
local justice area for the time being specified in the order, the court— |
| |
(a) | must, if the application under sub-paragraph (1)(c) was made by the |
| |
| |
(b) | may, in any other case, |
| 25 |
| amend the youth rehabilitation order by substituting the new local justice |
| |
area for the area specified in the order. |
| |
(3) | Sub-paragraph (2) is subject to paragraph 15. |
| |
(4) | The Crown Court may by order amend the youth rehabilitation order— |
| |
(a) | by cancelling any of the requirements of the order, or |
| 30 |
(b) | by replacing any of those requirements with a requirement of the |
| |
same kind which could have been included in the order when it was |
| |
| |
(5) | Sub-paragraph (4) is subject to paragraph 16. |
| |
Exercise of powers under paragraph 13(2) or 14(2): further provisions |
| 35 |
15 (1) | In sub-paragraphs (2) and (3), “specific area requirement”, in relation to a |
| |
youth rehabilitation order, means a requirement contained in the order |
| |
which, in the opinion of the court, cannot be complied with unless the |
| |
offender continues to reside in the local justice area specified in the youth |
| |
| 40 |
(2) | A court may not under paragraph 13(2) or 14(2) amend a youth |
| |
rehabilitation order which contains specific area requirements unless, in |
| |
accordance with paragraph 13(4) or, as the case may be, 14(4), it either— |
| |
(a) | cancels those requirements, or |
| |
|
| |
|
| |
|
(b) | substitutes for those requirements other requirements which can be |
| |
complied with if the offender resides in the new local justice area |
| |
mentioned in paragraph 13(2) or (as the case may be) 14(2). |
| |
| |
(a) | the application under paragraph 13(1)(c) or 14(1)(c) was made by the |
| 5 |
| |
(b) | the youth rehabilitation order contains specific area requirements, |
| |
| the court must, unless it considers it inappropriate to do so, so exercise its |
| |
powers under paragraph 13(4) or, as the case may be, 14(4) that it is not |
| |
prevented by sub-paragraph (2) from amending the order under paragraph |
| 10 |
13(2) or, as the case may be, 14(2). |
| |
(4) | The court may not under paragraph 13(2) or, as the case may be, 14(2) amend |
| |
a youth rehabilitation order imposing a programme requirement unless the |
| |
court is satisfied that a programme which— |
| |
(a) | corresponds as nearly as practicable to the programme specified in |
| 15 |
the order for the purposes of that requirement, and |
| |
(b) | is suitable for the offender, |
| |
| is available in the new local justice area. |
| |
Exercise of powers under paragraph 13(4) or 14(4): further provisions |
| |
16 (1) | Any requirement imposed under paragraph 13(4)(b) or 14(4)(b) must be |
| 20 |
capable of being complied with before the date specified under paragraph |
| |
| |
| |
(a) | a youth rehabilitation order imposes a fostering requirement (the |
| |
“original requirement”), and |
| 25 |
(b) | under paragraph 13(4)(b) or 14(4)(b) a court proposes to substitute a |
| |
new fostering requirement (“the substitute requirement”) for the |
| |
| |
| paragraph 18(2) of Schedule 1 applies in relation to the substitute |
| |
requirement as if the reference to the period of 12 months beginning with the |
| 30 |
date on which the original requirement first had effect were a reference to |
| |
the period of 18 months beginning with that date. |
| |
(3) | The court may not under paragraph 13(4) or 14(4) impose— |
| |
(a) | a mental health treatment requirement, |
| |
(b) | a drug treatment requirement, or |
| 35 |
(c) | a drug testing requirement, |
| |
| unless the offender has expressed willingness to comply with the |
| |
| |
(4) | If an offender fails to express willingness to comply with a mental health |
| |
treatment requirement, a drug treatment requirement or a drug testing |
| 40 |
requirement which the court proposes to impose under paragraph 13(4) or |
| |
| |
(a) | revoke the youth rehabilitation order, and |
| |
(b) | deal with the offender, for the offence in respect of which the order |
| |
was made, in any way in which that court could have dealt with the |
| 45 |
offender for that offence (had the offender been before that court to |
| |
| |
|
| |
|
| |
|
(5) | In dealing with the offender under sub-paragraph (4)(b), the court must take |
| |
into account the extent to which the offender has complied with the order. |
| |
Extension of unpaid work requirement |
| |
| |
(a) | a youth rehabilitation order imposing an unpaid work requirement |
| 5 |
is in force in respect of an offender, and |
| |
(b) | on the application of the offender or the responsible officer, it |
| |
appears to the appropriate court that it would be in the interests of |
| |
justice to do so having regard to circumstances which have arisen |
| |
since the order was made, |
| 10 |
| the court may, in relation to the order, extend the period of 12 months |
| |
specified in paragraph 10(6) of Schedule 1. |
| |
| |
Powers of court in relation to order following subsequent conviction |
| |
Powers of magistrates’ court following subsequent conviction |
| 15 |
18 (1) | This paragraph applies where— |
| |
(a) | a youth rehabilitation order is in force in respect of an offender, and |
| |
(b) | the offender is convicted of an offence (the “further offence”) by a |
| |
youth court or other magistrates’ court (“the convicting court”). |
| |
(2) | Sub-paragraphs (3) and (4) apply where— |
| 20 |
(a) | the youth rehabilitation order— |
| |
(i) | was made by a youth court or other magistrates’ court, or |
| |
(ii) | was made by the Crown Court and contains a direction |
| |
under paragraph 35 of Schedule 1, and |
| |
(b) | the convicting court is dealing with the offender for the further |
| 25 |
| |
(3) | The convicting court may revoke the order. |
| |
(4) | Where the convicting court revokes the order under sub-paragraph (3), it |
| |
may deal with the offender, for the offence in respect of which the order was |
| |
made, in any way in which it could have dealt with the offender for that |
| 30 |
offence (had the offender been before that court to be dealt with for the |
| |
| |
(5) | The convicting court may not exercise its powers under sub-paragraph (3) or |
| |
(4) unless it considers that it would be in the interests of justice to do so, |
| |
having regard to circumstances which have arisen since the youth |
| 35 |
rehabilitation order was made. |
| |
(6) | In dealing with an offender under sub-paragraph (4), the sentencing court |
| |
must take into account the extent to which the offender has complied with |
| |
| |
(7) | A person sentenced under sub-paragraph (4) for an offence may appeal to |
| 40 |
the Crown Court against the sentence. |
| |
(8) | Sub-paragraph (9) applies where— |
| |
|
| |
|
| |
|
(a) | the youth rehabilitation order was made by the Crown Court and |
| |
contains a direction under paragraph 35 of Schedule 1, and |
| |
(b) | the convicting court would, but for that sub-paragraph, deal with the |
| |
offender for the further offence. |
| |
(9) | The convicting court may, instead of proceeding under sub-paragraph (3)— |
| 5 |
(a) | commit the offender in custody, or |
| |
(b) | release the offender on bail, |
| |
| until the offender can be brought before the Crown Court. |
| |
(10) | Sub-paragraph (11) applies if the youth rehabilitation order was made by the |
| |
Crown court and does not contain a direction under paragraph 35 of |
| 10 |
| |
(11) | The convicting court may— |
| |
(a) | commit the offender in custody, or |
| |
(b) | release the offender on bail, |
| |
| until the offender can be brought or appear before the Crown Court. |
| 15 |
(12) | Where the convicting court deals with an offender’s case under sub- |
| |
paragraph (9) or (11), it must send to the Crown Court such particulars of the |
| |
case as may be desirable. |
| |
Powers of Crown Court following subsequent conviction |
| |
19 (1) | This paragraph applies where— |
| 20 |
(a) | a youth rehabilitation order is in force in respect of an offender, and |
| |
| |
(i) | is convicted by the Crown Court of an offence, or |
| |
(ii) | is brought or appears before the Crown Court by virtue of |
| |
paragraph 18(9) or (11) or having been committed by the |
| 25 |
magistrates’ court to the Crown Court for sentence. |
| |
(2) | The Crown Court may revoke the order. |
| |
(3) | Where the Crown Court revokes the order under sub-paragraph (2), the |
| |
Crown Court may deal with the offender, for the offence in respect of which |
| |
the order was made, in any way in which the court which made the order |
| 30 |
could have dealt with the offender for that offence. |
| |
(4) | The Crown Court must not exercise its powers under sub-paragraph (2) or |
| |
(3) unless it considers that it would be in the interests of justice to do so, |
| |
having regard to circumstances which have arisen since the youth |
| |
rehabilitation order was made. |
| 35 |
(5) | In dealing with an offender under sub-paragraph (3), the Crown Court must |
| |
take into account the extent to which the offender has complied with the |
| |
| |
(6) | If the offender is brought or appears before the Crown Court by virtue of |
| |
paragraph 18(9) or (11), the Crown Court may deal with the offender for the |
| 40 |
further offence in any way which the convicting court could have dealt with |
| |
the offender for that offence. |
| |
(7) | In sub-paragraph (6), “further offence” and “the convicting court” have the |
| |
same meanings as in paragraph 18. |
| |
|
| |
|
| |
|
| |
| |
Appearance of offender before court |
| |
20 (1) | Subject to sub-paragraph (2), where, otherwise than on the application of the |
| |
offender, a court proposes to exercise its powers under Part 3, 4 or 5 of this |
| 5 |
| |
(a) | must summon the offender to appear before the court, and |
| |
(b) | if the offender does not appear in answer to the summons, may issue |
| |
a warrant for the offender’s arrest. |
| |
(2) | Sub-paragraph (1) does not apply where a court proposes to make an |
| 10 |
| |
(a) | revoking a youth rehabilitation order, |
| |
(b) | cancelling, or reducing the duration of, a requirement of a youth |
| |
| |
(c) | substituting a new local justice area or place for one specified in a |
| 15 |
youth rehabilitation order. |
| |
| |
21 (1) | Sub-paragraph (2) applies where an offender is arrested in pursuance of a |
| |
warrant issued by virtue of this Schedule and cannot be brought |
| |
immediately before the court before which the warrant directs the offender |
| 20 |
to be brought (“the relevant court”). |
| |
(2) | The person in whose custody the offender is— |
| |
(a) | may make arrangements for the offender’s detention in a place of |
| |
safety for a period of not more than 72 hours from the time of the |
| |
| 25 |
(b) | must within that period bring the offender before a magistrates’ |
| |
| |
(3) | In the case of a warrant issued by the Crown Court, section 81(5) of the |
| |
Supreme Court Act 1981 (c. 54) (duty to bring person before magistrates’ |
| |
| 30 |
(4) | A person who is detained under arrangements made under sub-paragraph |
| |
(2)(a) is deemed to be in legal custody. |
| |
(5) | In sub-paragraph (2)(a) “place of safety” has the same meaning as in the |
| |
Children and Young Persons Act 1933. |
| |
(6) | Sub-paragraphs (7) to (10) apply where, under sub-paragraph (2), the |
| 35 |
offender is brought before a court (“the alternative court”) which is not the |
| |
| |
(7) | If the relevant court is a magistrates’ court— |
| |
(a) | the alternative court may— |
| |
(i) | direct that the offender be released forthwith, or |
| 40 |
(ii) | remand the offender, and |
| |
(b) | for the purposes of paragraph (a), section 128 of the Magistrates’ |
| |
Courts Act 1980 (c. 43) (remand in custody or on bail) has effect as if |
| |
|
| |
|