Commentary on Sections New Schedule 5A: Part 1
134.Paragraph 1 of new Schedule 5A sets out the circumstances in which the court may make a supervision order or detention order.
135.Sub-paragraph (1) states that the injunction must have been granted in respect of a person under 18 and that the court must be satisfied beyond reasonable doubt that the respondent is in breach of the injunction. Once the court is so satisfied, it has the power to make a supervision order (see Part 2 of the Schedule) or a detention order (see Part 3).
136.Sub-paragraph (3) states that these orders are available in addition to the court’s other powers for dealing with a breach of the injunction. For persons under the age of 18, this means a fine could also be imposed as a penalty for contempt of court.
137.Sub-paragraph (4) requires that the youth offending team and any other person previously consulted in relation to the grant of the injunction (see section 36) must be again consulted by the applicant before a supervision order or detention order can be made.
138.Sub-paragraph (5) states that in considering whether to exercise its powers under this paragraph, the court must take into account a report which will be made by the youth offending team (the same team referred to in sub-paragraph (4)) for the purposes of assisting the court in its decision making.
139.Sub-paragraph (6) provides that a detention or supervision order cannot be made where an injunction was granted in respect of a person under the age of 18, but the respondent is aged 18 or over at the time when the court comes to deal with the respondent for breach of the injunction.
140.Sub-paragraph (7) states that a detention order cannot be made unless the court is of the view that the injunction breach is so severe or so extensive that no other power of the court is appropriate. This includes the court’s powers to impose a fine for contempt of court.
141.Sub-paragraph (8) provides that where the court does decide, in accordance with sub-paragraph (7), to make a detention order under sub-paragraph (1), it must state in court the reasons why it is satisfied that no other power available to the court is appropriate.