SCHEDULES

Valid from 23/03/2015

SCHEDULE 2E+WBreach of injunctions: powers of court in respect of under-18s

PART 1 E+WIntroductory

Power to make supervision order or detention orderE+W

1(1)A youth court, if satisfied beyond reasonable doubt that a person aged under 18 is in breach of a provision of an injunction under section 1 to which he or she is subject, may make in respect of the person—E+W

(a)a supervision order (see Part 2 of this Schedule), or

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

(2)An order under sub-paragraph (1) may be made only on the application of the person who applied for the injunction.

(3)A person making an application for an order under sub-paragraph (1) must before doing so—

(a)consult any youth offending team specified under section 3(1) or, if a youth offending team is not specified under that subsection, the local youth offending team within the meaning of section 14;

(b)inform any other body or individual the applicant thinks appropriate.

(4)In considering whether and how to exercise its powers under this paragraph, the court must consider any representations made by the youth offending team referred to in sub-paragraph (3)(a).

(5)A detention order may not be made under sub-paragraph (1) in respect of a person aged under 14.

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