Policing and Crime Act 2009

[F1 Power to make supervision order or detention order 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)

1 (1) Where— E+W

(a) an injunction under Part 4 is granted against a person under the age of 18, and

(b) on an application made by the injunction applicant, the court is satisfied beyond reasonable doubt that the person is in breach of any provision of the injunction,

the court may make one of the orders specified in sub-paragraph (2) in respect of the person.

(2) Those orders are—

(a) a supervision order (see Part 2 of this Schedule);

(b) a detention order (see Part 3 of this Schedule).

(3) The powers conferred by this paragraph are in addition to any other power of the court in relation to the breach of the injunction.

(4) Before making an application under paragraph 1(1)(b) the injunction applicant must consult—

(a) the youth offending team consulted under section 38(1) or 39(5) in relation to the injunction, and

(b) any other person previously so consulted.

(5) In considering whether and how to exercise its powers under this paragraph, the court must consider a report made to assist the court in that respect by the youth offending team referred to in sub-paragraph (4)(a).

(6) An order under sub-paragraph (1) may not be made in respect of a person aged 18 or over.

(7) The court may not make a detention order under sub-paragraph (1) unless it is satisfied, in view of the severity or extent of the breach, that no other power available to the court is appropriate.

(8) Where the court makes a detention order under sub-paragraph (1) it must state in open court why it is satisfied as specified in sub-paragraph (7).

(9) In this Schedule—

• “ defaulter ”, in relation to an order under this Schedule, means the person in respect of whom the order is made;

• “ injunction applicant ”, in relation to an injunction under Part 4 or an order under this Schedule made in respect of such an injunction, means the person who applied for the injunction;

• “ appropriate court ”, in relation to an order under this Schedule, means—

  (a)

  where the order is made by the High Court, the High Court;

  (b)

  where the order is made by a county court, a county court.]