Sentencing Act 2020

PART 2 E+W Breach of requirement of order

Modifications etc. (not altering text)

C1 Sch. 7 applied (with modifications) by 2008 c. 4, s. 39(6)(c), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Duty to give warning or lay information relating to breach of order E+W

4 (1) This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a requirement of a youth rehabilitation order. E+W

(2) Sub-paragraph (3) applies if—

(a) the breach occurred during a warned period relating to an earlier breach of the order, and

(b) during that warned period the offender had been given a further warning in relation to the order.

(3) The responsible officer must cause an information to be laid before a justice of the peace in respect of that breach unless of the opinion that there are exceptional circumstances which justify not doing so.

(4) If sub-paragraph (3) does not apply, the responsible officer must either—

(a) give the offender a warning under this paragraph, or

(b) cause an information to be laid before a justice of the peace in respect of that breach.

(5) A warning under this paragraph must—

(a) describe the circumstances of the breach,

(b) state that the breach is unacceptable, and

(c) inform the offender that the offender will be liable to be brought before a court if the offender breaches a requirement of the order again—

(i) more than once during the warned period, or

(ii) if the warning is given during the warned period relating to an earlier breach of the order, during that warned period.

(6) For the purposes of this paragraph, “warned period”, in relation to a breach of a requirement of the youth rehabilitation order, means the period of 12 months beginning with the date on which a warning is given under this paragraph in relation to the breach.

(7) As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.

Commencement Information

I1 Sch. 7 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant by justice of the peace E+W

5 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order is in force, and

(b) it appears on information to a justice of the peace that the offender has breached a requirement of the order.

(2) The justice may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a) in the case of a Crown Court youth rehabilitation order, before the Crown Court, and

(b) in any other case, before the appropriate court.

(4) In sub-paragraph (3), “appropriate court” means—

(a) if the offender is aged under 18, a youth court acting in the relevant local justice area, and

(b) if the offender is aged 18 or over, a magistrates' court (other than a youth court) acting in that local justice area.

(5) In sub-paragraph (4), “relevant local justice area” means—

(a) the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, the offender's home local justice area.

(6) Sub-paragraphs (7) and (8) apply where—

(a) a summons is issued under this paragraph, and

(b) the offender does not appear in answer to it.

(7) If the summons required the offender to appear before the Crown Court, the Crown Court may—

(a) if the summons was issued by a justice of the peace, issue a further summons requiring the offender to appear at the place and time specified in it, or

(b) in any case, issue a warrant for the arrest of the offender.

(8) If the summons required the offender to appear before a magistrates' court, the magistrates' court may issue a warrant for the arrest of the offender.

Commencement Information

I2 Sch. 7 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of magistrates' court E+W

6 (1) This paragraph applies where— E+W

(a) an offender appears or is brought before a youth court or other magistrates' court under paragraph 5, and

(b) it is proved to the satisfaction of the court that the offender has breached a requirement of the youth rehabilitation order without reasonable excuse,

and must be read with paragraphs 8 to 11.

(2) The court may deal with the case under sub-paragraph (5).

(3) If the youth rehabilitation order was made by the Crown Court, the court may instead—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(4) Where a court deals with the offender's case under sub-paragraph (3) it must send the Crown Court—

(a) a certificate signed by a justice of the peace certifying that the offender has breached the youth rehabilitation order in the respect specified in the certificate, and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(5) Where the court deals with the case under this sub-paragraph, it may deal with the offender in respect of the breach in any one of the following ways—

(a) by ordering the offender to pay a fine of an amount not exceeding £2,500;

(b) by amending the terms of the youth rehabilitation order to add or substitute any requirement which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence;

(c) by re-sentencing the offender for the relevant offence.

(6) In this paragraph—

• “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and

• the “relevant assumptions” are that—

  (a)

  the court has just convicted the offender of the relevant offence, and

  (b)

  the offender is the same age as when in fact convicted of that offence.

(7) Sub-paragraph (5)(b) is subject to paragraph 10.

(8) In dealing with the offender under sub-paragraph (5), the court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(9) Where the court—

(a) deals with the offender under sub-paragraph (5)(b), and

(b) does not act in the offender's home local justice area,

it may exercise the power in paragraph 15 (amendment by reason of change of residence) as if it were the appropriate court for the purposes of that paragraph.

(10) Where the court deals with the offender under sub-paragraph (5)(c), it must revoke the youth rehabilitation order if it is still in force.

(11) An offender may appeal to the Crown Court against a sentence imposed under sub-paragraph (5)(c).

Commencement Information

I3 Sch. 7 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court E+W

7 (1) This paragraph applies where— E+W

(a) an offender appears or is brought before the Crown Court under paragraph 5 or by virtue of paragraph 6(3), and

(b) it is proved to the satisfaction of that court that the offender has breached a requirement of the youth rehabilitation order without reasonable excuse,

and must be read with paragraphs 8 to 11.

(2) The Crown Court may deal with the offender in respect of that breach in any one of the following ways—

(a) by ordering the offender to pay a fine of an amount not exceeding £2,500;

(b) by amending the terms of the youth rehabilitation order to add or substitute any requirement which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence;

(c) by re-sentencing the offender for the relevant offence.

(3) In this paragraph—

• “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and

• the “relevant assumptions” are that—

  (a)

  the offender has just been convicted of the relevant offence by or before the court dealing with the offender, and

  (b)

  the offender is the same age as when in fact convicted of that offence.

(4) Sub-paragraph (2)(b) is subject to paragraph 10.

(5) In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(6) Where the Crown Court deals with an offender under sub-paragraph (2)(c), it must revoke the youth rehabilitation order if it is still in force.

(7) In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the youth rehabilitation order is to be determined by the court and not by the verdict of a jury.

Commencement Information

I4 Sch. 7 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction of powers in paragraphs 6 and 7 where treatment required E+W

8 (1) Sub-paragraph (2) applies where the offender— E+W

(a) is required by a treatment requirement of the youth rehabilitation order to submit to treatment, and

(b) has refused to undergo any surgical, electrical or other treatment.

(2) The offender is not to be treated for the purposes of paragraph 6 or 7 as having breached the requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.

(3) In this paragraph, “treatment requirement” means—

(a) a mental health treatment requirement,

(b) a drug treatment requirement, or

(c) an intoxicating substance treatment requirement.

Commencement Information

I5 Sch. 7 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Fines imposed under paragraphs 6 and 7 E+W

9 (1) A fine imposed under paragraph 6(5)(a) or 7(2)(a) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction. E+W

(2) Where—

(a) a court is dealing with an offender for breach of a requirement of a youth rehabilitation order,

(b) the offender is aged under 18, and

(c) but for this sub-paragraph, the court would impose a fine under paragraph 6(5)(a) or 7(2)(a),

section 380 (order for payment by parent or guardian) applies to the fine.

Commencement Information

I6 Sch. 7 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers in paragraphs 6 and 7 to impose other requirements: further provisions E+W

10 (1) This paragraph applies where— E+W

(a) the magistrates' court deals with the offender under paragraph 6(5)(b), or

(b) the Crown Court deals with the offender under paragraph 7(2)(b).

(2) Paragraphs 6(5)(b) and 7(2)(b) have effect subject to any provision that applies to the court in making a youth rehabilitation order as if the court were imposing the requirements on making the order.

That is subject to the following provisions of this paragraph and to paragraph 11.

(3) Subject to sub-paragraph (4), any requirement imposed under paragraph 6(5)(b) or 7(2)(b) must be capable of being complied with before the end date.

(4) In dealing with an offender under paragraph 6(5)(b) or 7(2)(b) the court may substitute a later date for the end date.

(5) A date substituted under sub-paragraph (4)—

(a) must not be more than 6 months after the existing end date;

(b) subject to that, may be more than 3 years after the date on which the order took effect.

(6) Once the power in sub-paragraph (4) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

(7) Where—

(a) in dealing with the offender under paragraph 6(5)(b) or 7(2)(b), the court imposes an unpaid work requirement, and

(b) the youth rehabilitation order does not already contain an unpaid work requirement,

the number of hours for which the offender may be required to work under the requirement (see paragraph 10(3) of Schedule 6) must not, in aggregate, be less than 20.

(8) The court may not under paragraph 6(5)(b) or 7(2)(b) impose—

(a) an extended activity requirement, or

(b) a fostering requirement,

if the order does not already impose such a requirement.

(9) Sub-paragraph (10) applies where—

(a) the order includes a fostering requirement (the “original requirement”), and

(b) under paragraph 6(5)(b) or 7(2)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement.

(10) The fostering period (see paragraph 26(3) of Schedule 6) for the substitute requirement must end—

(a) within 18 months beginning with the day on which the original requirement first took effect, and

(b) before the offender reaches the age of 18.

Commencement Information

I7 Sch. 7 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers in paragraphs 6 and 7 to re-sentence: further provisions relating to intensive supervision and surveillance E+W

11 (1) This paragraph applies where— E+W

(a) the court is dealing with the offender under paragraph 6(5)(c) or 7(2)(c) for an offence, and

(b) the offender has wilfully and persistently failed to comply with the youth rehabilitation order.

(2) The court may impose a youth rehabilitation order with intensive supervision and surveillance even if—

(a) the offence is not an imprisonable offence, or

(b) the court is not of the opinion mentioned in section 180(2)(a) (custodial sentence otherwise appropriate).

(3) If—

(a) the order is a youth rehabilitation order with intensive supervision and surveillance, and

(b) the offence is an imprisonable offence,

the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (threshold for imposing discretionary custodial sentence).

(4) If—

(a) the order is a youth rehabilitation order with intensive supervision and surveillance which was imposed by virtue of sub-paragraph (2), and

(b) the offence is not an offence punishable with imprisonment,

the court's powers under paragraph 6(5)(c) or 7(2)(c) to deal with the offender for the offence include power to make a detention and training order for a term not exceeding 4 months.

Commencement Information

I8 Sch. 7 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2