detention offence means an offence in respect of which a court has imposed a sentence that includes a detention order or sentence of imprisonment;
relevant contravention, in relation to a supervised release order, means a contravention by the youth of a condition to which the supervised release order is subject, otherwise than by the commission of a detention offence.
(2) If it appears to the Secretary that a youth has committed a relevant contravention of a supervised release order, the Secretary –
(a) if the relevant contravention does not consist of the commission of an offence or a prescribed offence, may warn the youth, in writing, that a further contravention of the supervised release order may result in the Secretary applying to the Court for an order under subsection (9) ; or
(b) if the relevant contravention does consist of the commission of an offence or a prescribed offence, may issue such a warning to the youth or apply to the Court for an order under subsection (9) .
(3) If the Secretary issues a warning to a youth under subsection (2) , the Secretary is to provide a copy of the warning to a guardian of the youth unless one cannot be found after reasonable inquiry.
(4) If it appears to the Secretary that a youth has committed a further relevant contravention of a supervised release order after being issued with a warning under subsection (2) , the Secretary may apply to the Court for an order under subsection (9) .
(5) A copy of the application to the Court made under subsection (2)(b) or subsection (4) and notice of the time and place of the hearing of the application are to be served not less than 7 days before the hearing by the Secretary on –
(a) the youth; and
(b) a guardian of the youth unless one cannot be found after reasonable inquiry.
(6) If the Court is satisfied that the youth is unlikely to appear at the hearing of the application –
(a) the Court may issue a warrant to arrest the youth; and
(b) if the Court does so, subsection (5)(a) does not apply in relation to the application.
(7) If the youth is before the Court in relation to another matter –
(b) reasonable efforts have been made to serve the application on the youth but have been unsuccessful.
(9) If the Court is satisfied that a youth has committed a relevant contravention of the supervised release order, the Court may do one or more of the following:
(a) on the undertaking of the youth to comply with the order, continue the order as it is;
(b) amend the special conditions to which the order is subject;
(c) cancel the order.
(10) In determining what order to make under subsection (9) , the Court must consider –
(a) any report on the youth prepared by the Secretary; and
(b) the extent to which, and the manner in which, the youth has complied with the supervised release order.
(11) The Court must not make an order under subsection (9) unless the youth is present before the Court.
(12) If under subsection (9) the Court cancels a supervised release order relating to a youth, the Court must –
(a) specify, in the order, a day it considers appropriate as the next release date; or
(b) order that the youth be detained for the remainder of his or her sentence of detention.
Section 117 - Youth Justice Act 1997 - Contravention of supervised release order other than by further offence punishable by detention or imprisonment | Zoe