83. Duty To Give Warning And Subsequent Breach. | Sentencing | LexisNexis

powered by Lexis^®Library

83. Duty to give warning and subsequent breach.

If the responsible officer¹ is of the opinion that the offender² has failed without reasonable excuse to comply with a youth rehabilitation order³, the officer must give him a warning unless⁴ the officer causes an information to be laid before a justice of the peace in respect of the failure⁵. The warning must:

(1) describe the circumstances of the failure⁶;
(2) state that the failure is unacceptable⁷; and
(3) state that the offender will be liable to be brought before a court:
1. (a) in a case where the warning is given during the warned period⁸ relating to a previous

(1) Community Orders And Youth Rehabilitation Orders

42. Restrictions on imposing community sentences.

43. Passing of community sentence on offender remanded in custody.

44. Community sentence not available where sentence fixed by law etc.

45. Power to make community orders.

46. Age limits for community orders.

47. Persistent offenders.

48. Requirements which may be imposed.

49. Requirement to avoid conflict with religious beliefs and education.

50. Time limits for compliance with requirements.

51. Duty of offender to keep in touch with responsible officer and to obtain permission before changing residence.

52. Periodical review of orders.

53. Duty to give warning and subsequent breach.

54. Issue of summons or warrant.

55. Powers of magistrates' court.

56. Powers of Crown Court.

57. Revocation of order by magistrates' court.

58. Revocation of order by Crown Court.

59. Amendment by reason of change of residence.

60. Amendment of requirements of community order.

61. Amendment of treatment requirements of community order on report of practitioner.

62. Amendment in relation to review of drug rehabilitation requirement.

63. Change of end date.

64. Extension of unpaid work requirement.

65. Supplementary.

66. Powers of magistrates' courts.

67. Powers of Crown Court.

68. Supervision arrangements.

69. Compliance with requirements.

70. Change of residence.

71. Status of transferred order.

72. Powers of home courts.

73. Youth rehabilitation orders and requirements.

74. Electronic monitoring requirements in youth rehabilitation orders.

75. Youth rehabilitation orders with intensive supervision and surveillance.

76. Youth rehabilitation orders with fostering.

77. Persistent offenders.

78. Matters which the court must consider.

79. Operation in conjunction with other orders.

80. Concurrent and consecutive orders.

81. Time limits for compliance with requirements.

82. Periodical review of orders.

83. Duty to give warning and subsequent breach.

84. Issue of summons or warrant.

85. Powers of magistrates' court.

86. Powers of Crown Court.

87. Revocation of order by magistrates' court or youth court.

88. Revocation of order by Crown Court.

89. Amendment by magistrates' court or youth court by reason of change of residence.

90. Amendment by Crown Court by reason of change of residence.

91. Extension of unpaid work requirement.

92. Supplementary.

93. Powers of magistrates' courts.

94. Powers of Crown Court.

95. Supervision arrangements.

96. Making of order in respect of offender residing in Northern Ireland.

97. Amendment of order in respect of offender residing in Northern Ireland.

98. Status of transferred order.

99. Powers of home courts.