Modifications etc. (not altering text)
C1Sch. 8 applied (with modifications) by 2008 c. 4, s. 39(6)(d), 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)
16(1)The home court may exercise any relevant local power in relation to the youth rehabilitation order, subject to the following restrictions.E+W+N.I.
(2)A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the legislation that applies in Northern Ireland in relation to such orders.
(3)The home court may not discharge or revoke the order.
(4)But that does not prevent the home court from exercising a power to revoke the order where—
(a)the offender has been convicted of a further offence, and
(b)the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose).
(5)The home court may not deal with the offender for the offence in respect of which the youth rehabilitation order was made.
(6)If the youth rehabilitation order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 18 of Schedule 6) that could not be specified by a court in England and Wales if, applying the relevant assumptions, it were imposing the requirement.
(7)For that purpose, “the relevant assumptions” are that the offender—
(a)has just been convicted by or before the court in England and Wales of the offence in respect of which the youth rehabilitation order was made, but
(b)is the same age as when in fact convicted of the offence.
Commencement Information
I1Sch. 8 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
17(1)The home court may require the offender to appear before the relevant court in England and Wales if sub-paragraph (2) or (3) applies.E+W+N.I.
(2)This sub-paragraph applies where it appears to the home court upon a complaint being made to a lay magistrate in Northern Ireland that the offender has breached one or more requirements of the order.
(3)This sub-paragraph applies where it appears to the home court, on the application of the offender or the relevant officer, that it would be in the interests of justice for any of the following powers to be exercised—
(a)a power conferred by Part 3 of Schedule 7 (revocation of order with or without re-sentencing);
(b)a power conferred by paragraph 15 of that Schedule (amendment by appropriate court).
Commencement Information
I2Sch. 8 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2