Policing and Crime Act 2009

[F1 Amendment on change of area of residence E+W

Textual Amendments

F1 Sch. 5A inserted (E.W.) (9.1.2012) by Crime and Security Act 2010 (c. 17) , ss. 39(3) , 59(1) ; S.I. 2011/3016 , art. 2(d)

9 (1) This paragraph applies where, on an application made by the injunction applicant or the defaulter in relation to a supervision order, the appropriate court is satisfied that the defaulter proposes to reside, or is residing, in the area of a youth offending team other than the team for the time being specified in the order. E+W

(2) If the application is made by the defaulter, the court to which it is made may amend the order by substituting for the youth offending team specified in the order the youth offending team for the area referred to in sub-paragraph (1) (or, if there is more than one such team for that area, such of those teams as the court may determine).

(3) If the application is made by the injunction applicant, the court to which it is made must, subject as follows, so amend the order.

(4) Where a court amends the supervision order pursuant to sub-paragraph (2) or (3) but the order contains a requirement which, in the opinion of the court, cannot reasonably be complied with if the defaulter resides in the area referred to in sub-paragraph (1), the court must also amend the order by—

(a) removing that requirement, or

(b) substituting for that requirement a new requirement which can reasonably be complied with if the defaulter resides in that area.

(5) Sub-paragraph (3) does not require a court to amend the supervision order if in its opinion sub-paragraph (4) would produce an inappropriate result.

(6) The injunction applicant must consult the youth offending team for the time being specified in the order before making an application under sub-paragraph (1).]