Criminal Justice and Public Order Act 1994

4 Breaches of requirements of supervision of persons subject to secure training orders. E+W

(1) Where a secure training order has been made as respects an offender and it appears on information to a justice of the peace acting for a relevant petty sessions area that the offender has failed to comply with requirements under section 3(7)(b) the justice may issue a summons requiring the offender to appear at the place and time specified in the summons before a youth court acting for the area or, if the information is in writing and on oath, may issue a warrant for the offender’s arrest requiring him to be brought before such a court.

(2) For the purposes of this section a petty sessions area is a relevant petty sessions area in relation to a secure training order—

(a) if the secure training centre is situated in it;

(b) if the order was made by a youth court acting for it; or

(c) if the offender resides in it for the time being.

(3) If it is proved to the satisfaction of the youth court before which an offender appears or is brought under this section that he has failed to comply with requirements under section 3(7)(b) that court may—

(a) order the offender to be detained in a secure training centre for such period, not exceeding the shorter of three months or the remainder of the period of the secure training order, as the court may specify, or

(b) impose on the offender a fine not exceeding level 3 on the standard scale.

(4) Where accommodation for an offender in relation to whom the court decides to exercise their powers under subsection (3)(a) above is not immediately available, paragraphs (a), (b) and (c) of subsection (2) and subsections (5), (7) and (8) of section 2 shall apply in relation to him as they apply in relation to an offender in respect of whom a secure training order is made.

(5) For the purposes of this section references to a failure to comply include references to a contravention.

Modifications etc. (not altering text)

C1 S. 4: power to modify conferred (1.8.1998) by 1998 c. 37, s. 116(2) (with Sch. 9); S.I. 1998/1883, art. 2

C2 S. 4 amended (1.8.1998) by 1998 c. 37, s. 116(3) (with Sch. 9); S.I. 1998/1883, art. 2

s. 4 modified (temp from 12.8.1998) by S.I. 1998/1928, art. 3

C3 Ss. 1-4 excluded (15.12.1999) by S.I. 1999/3426, art. 4(1)(b)

C4 S. 4(3)(a): Power to restrict conferred (1.8.1998) by 1998 c. 37, s. 116(1)(b) (with Sch. 9); S.I. 1998/1883, art. 2