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4(1)Where the offender is arrested in pursuance of a warrant under paragraph 3(2) and cannot be brought immediately before the appropriate court—
(a)the person in whose custody he is may make arrangements for his detention in a place of safety (within the meaning given by section 107(1) of the M1Children and Young Persons Act 1933) for a period of not more than 72 hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and
(b)that person shall within that period bring him before a court which—
(i)if he is under the age of 18 when he is brought before the court, shall be a youth court, and
(ii)if he has then attained that age, shall be a magistrates’ court other than a youth court.
(2)Sub-paragraphs (3) to (5) apply where the court before which the offender is brought under sub-paragraph (1)(b) (“the alternative court”) is not the appropriate court.
(3)The alternative court may direct that he is to be released forthwith or remand him.
(4)Section 128 of the M2Magistrates’ Courts Act 1980 (remand in custody or on bail) shall have effect where the alternative court has power under sub-paragraph (3) to remand the offender as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the appropriate court.
(5)That section shall have effect where the alternative court has power to so remand him, or the appropriate court has (by virtue of sub-paragraph (4)) power to further remand him, as if in subsection (1) there were inserted after paragraph (c) “or
(d)if he is under the age of 18, remand him to accommodation provided by or on behalf of a local authority (within the meaning of the M3Children Act 1989) and, if it does so, shall designate as the authority who are to receive him the local authority for the area in which it appears to the court that he resides or will reside;”.
5(1)If it is proved to the satisfaction of the appropriate court as regards any decision of the panel which resulted in the offender being referred back to the court—
(a)that, so far as the decision relied on any finding of fact by the panel, the panel was entitled to make that finding in the circumstances, and
(b)that, so far as the decision involved any exercise of discretion by the panel, the panel reasonably exercised that discretion in the circumstances,
the court may exercise the power conferred by sub-paragraph (2).
(2)That power is a power to revoke the referral order (or each of the referral orders).
(3)The revocation under sub-paragraph (2) of a referral order has the effect of revoking any related order under paragraph 11 or 12.
(4)Where any order is revoked under sub-paragraph (2) or by virtue of sub-paragraph (3), the appropriate court may deal with the offender in accordance with sub-paragraph (5) for the offence in respect of which the revoked order was made.
(5)In so dealing with the offender for such an offence, the appropriate court—
(a)may deal with him in any manner in which (assuming section 1 had not applied) he could have been dealt with for that offence by the court which made the order; and
(b)shall have regard to—
(i)the circumstances of his referral back to the court; and
(ii)where a contract has taken effect under section 8 between the offender and the panel, the extent of his compliance with the terms of the contract.
(6)The appropriate court may not exercise the powers conferred by sub-paragraph (2) or (4) unless the offender is present before it; but those powers are exercisable even if, in a case where a contract has taken effect under section 8, the period for which the contract has effect has expired (whether before or after the referral of the offender back to the court).
F1(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 1 para. 5(7) repealed (1.4.2000) by 1999 c. 23, s. 67(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 1999/3427, art. 3(a)(b)