OpenLegislation

Paragraph 5 I1C1

(1)

This paragraph applies where—

(a)

a youth rehabilitation order is in force, and

(b)

it appears on information to a justice of the peace that the offender has breached a requirement of the order.

(2)

The justice may—

(a)

issue a summons requiring the offender to appear at the place and time specified in it, or

(b)

if the information is in writing and on oath, issue a warrant for the offender's arrest.

(3)

A summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a)

in the case of a Crown Court youth rehabilitation order, before the Crown Court, and

(b)

in any other case, before the appropriate court.

(4)

In sub-paragraph (3), “appropriate court” means—

(a)

if the offender is aged under 18, a youth court acting in the relevant local justice area, and

(b)

if the offender is aged 18 or over, a magistrates' court (other than a youth court) acting in that local justice area.

(5)

In sub-paragraph (4), “relevant local justice area” means—

(a)

the local justice area in which the offender resides, or

(b)

if it is not known where the offender resides, the offender's home local justice area.

(6)

Sub-paragraphs (7) and (8) apply where—

(a)

a summons is issued under this paragraph, and

(b)

the offender does not appear in answer to it.

(7)

If the summons required the offender to appear before the Crown Court, the Crown Court may—

(a)

if the summons was issued by a justice of the peace, issue a further summons requiring the offender to appear at the place and time specified in it, or

(b)

in any case, issue a warrant for the arrest of the offender.

(8)

If the summons required the offender to appear before a magistrates' court, the magistrates' court may issue a warrant for the arrest of the offender.

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. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2