Commentary on Sections New Schedule 5A: Part 3
171.Paragraph 14 describes a detention order which may be made following breach of an injunction.
172.Sub-paragraph (1) states that the young person can be detained in youth detention accommodation determined by the Secretary of State. This may be a secure training centre, a young offender institution or local authority secure accommodation (see sub-paragraph (3)). Decisions as to which youth detention accommodation is appropriate in a particular case will be taken jointly by the Secretary of State and by the Youth Justice Board, based upon a range of considerations (see sub-paragraph (4)).
173.Sub-paragraph (2) states that the period of detention specified in a detention order cannot exceed three months.
174.Paragraph 15 provides for the revocation of a detention order.
175.Sub-paragraph (1) states that the injunction applicant or the young person subject to the order can apply to the appropriate court for revocation of the detention order.
176.Sub-paragraphs (2) and (3) allow a court to revoke a detention order if subsequent circumstances (including the young person’s conduct) mean it is in the interests of justice to do so.
177.Sub-paragraph (4) prevents a further application to revoke a detention order being made without the consent of the court if a person’s application to revoke has been dismissed.
178.Sub-paragraph (5) imposes consultation requirements.
179.The amendment made to the Crime and Disorder Act 1998 by subsection (4) confers an additional function on the Youth Justice Board, namely that of entering into agreements for the provision of accommodation referred to in paragraph 14(3) of the new Schedule 5A.