SCHEDULES

SCHEDULE 5E+WProcedure on breach of community penalty etc

Detention and training ordersE+W

2(1)Section 104 of the Sentencing Act (breach of supervision requirements of detention and training order) is amended as follows.E+W

(2)In subsection (1) (issue of summons or warrant by justice of the peace)—

(a)omit the words “ [F1acting in a relevant local justice area]”;

(b)in paragraph (a), omit the words “before a youth court [F2acting in the area]”;

(c)in paragraph (b), omit the words “requiring him to be brought before such a court”.

(3)For subsection (2) substitute—

(2)Any summons or warrant issued under this section shall direct the offender to appear or be brought—

(a)before a youth court [F3acting in the local justice] in which the offender resides; or

(b)if it is not known where the offender resides, before a youth court [F4acting in the same local justice area] as the justice who issued the summons or warrant.

Textual Amendments

F1Words in Sch. 5 para. 2(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(a)(i)}

F2Words in Sch. 5 para. 2(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(a)(i)}

F3Words in Sch. 5 para. 2(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(a)(ii)} [Editorial Note: the substituted words should probably read "acting in the local justice area". A correction slip has been requested.]

F4Words in Sch. 5 para. 2(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(a)(ii)}