Modifications etc. (not altering text)
C1Pt. 5 Ch. 2 power to modify, amend or repeal conferred (30.9.2003) by Armed Forces Act 2001 (c. 19), ss. 31(1)(a)(3)(6)(7), 39(2); S.I. 2003/2268, art. 2
(1)Where a detention and training order is in force in respect of an offender and it appears on information to a justice of the peace F1... that the offender has failed to comply with requirements under section 103(6)(b) above, the justice—
(a)may issue a summons requiring the offender to appear at the place and time specified in the summons F2...; or
(b)if the information is in writing and on oath, may issue a warrant for the offender’s arrest F3....
[F4(2)Any summons or warrant issued under this section shall direct the offender to appear or be brought—
(a)before a youth court acting for the petty sessions area in which the offender resides; or
(b)if it is not known where the offender resides, before a youth court acting for the same petty sessions area as the justice who issued the summons or warrant.]
(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 103(6)(b) above, that court may—
(a)order the offender to be detained, in such secure accommodation as the Secretary of State may determine, for such period, not exceeding the shorter of three months or the remainder of the term of the detention and training order, as the court may specify; or
(b)impose on the offender a fine not exceeding level 3 on the standard scale.
(4)An offender detained in pursuance of an order under subsection (3)(a) above shall be deemed to be in legal custody.
(5)A fine imposed under subsection (3)(b) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.
(6)An offender may appeal to the Crown Court against any order made under subsection (3)(a) or (b) above.
Textual Amendments
F1Words in s. 104(1) omitted (31.3.2005) by virtue of Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 2(2)(a); S.I. 2005/579, art. 3(d)
F2Words in s. 104(1)(a) omitted (31.3.2005) by virtue of Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 2(2)(b); S.I. 2005/579, art. 3(d)
F3Words in s. 104(1)(b) omitted (31.3.2005) by virtue of Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 2(2)(c); S.I. 2005/579, art. 3(d)
F4S. 104(2) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 2(3) (as amended (1.4.2005) by S.I. 2005/886, Sch. para. 113(a)(ii)); S.I. 2005/579, art. 3(d)