Paragraph 11 I1C1
This paragraph applies where—
the court is dealing with the offender under paragraph 6(5)(c) or 7(2)(c) for an offence, and
the offender has wilfully and persistently failed to comply with the youth rehabilitation order.
The court may impose a youth rehabilitation order with intensive supervision and surveillance even if—
the offence is not an imprisonable offence, or
the court is not of the opinion mentioned in section 180(2)(a) (custodial sentence otherwise appropriate).
If—
the order is a youth rehabilitation order with intensive supervision and surveillance, and
the offence is an imprisonable offence,
the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (threshold for imposing discretionary custodial sentence).
If—
the order is a youth rehabilitation order with intensive supervision and surveillance which was imposed by virtue of sub-paragraph (2), and
the offence is not an offence punishable with imprisonment,
the court's powers under paragraph 6(5)(c) or 7(2)(c) to deal with the offender for the offence include power to make a detention and training order for a term not exceeding 4 months.
Annotations
Modifications
- 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)
Commencement
- I1
Sch. 7 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2