SCHEDULES

SCHEDULE 2Breach of injunctions: powers of court in respect of under-18s

PART 2Supervision orders

Amendment on change of area of residence

9

(1)

This paragraph applies where, on an application made in relation to a supervision order by the original applicant or the defaulter, the court is satisfied that the defaulter proposes to live, or is living, in the area of a youth offending team other than the team for the time being specified in the order.

(2)

If the application is made by the defaulter, the court 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 youth offending team for that area, whichever of them the court decides).

(3)

If the application is made by the original applicant, the court must amend the order in the way mentioned in sub-paragraph (2) (subject to sub-paragraph (5)).

(4)

Where a court amends the supervision order under sub-paragraph (2) or (3) but the order contains a requirement that, in the opinion of the court, cannot reasonably be complied with if the defaulter lives 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 that can reasonably be complied with if the defaulter lives 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 original applicant must consult the youth offending team for the time being specified in the order before making an application under sub-paragraph (1).