Commentary on Sections New Schedule 5A: Part 2
142.Paragraph 2 of new Schedule 5A describes the contents of supervision orders and sets out the issues the court must consider in the making of a supervision order.
143.Sub-paragraph (1) provides that a supervision order can include supervision, activity, and/or curfew requirements.
144.Sub-paragraphs (2) to (4) require the court to give consideration to the practicality of the supervision order’s components and to the impact it may have on the defaulter’s family circumstances, religious beliefs, education or work and any other court order to which the defaulter may be subject.
145.Sub-paragraphs (5) and (6) require the supervision order to state a maximum period of time for which it can be in operation which must not exceed 6 months.
146.Sub-paragraphs (7) and (8) make provision for a youth offending team to be specified in the supervision order. This youth offending team will be responsible for administration of the supervision order.
147.Paragraph 3 of new Schedule 5A sets out what is meant by a supervision requirement. The defaulter may be required to attend appointments with the responsible officer (a position set out in paragraph 7) or another person instructed by the responsible officer.
148.Paragraph 4 makes provision about activity requirements. Activity requirements can require the defaulter to participate in non-residential activities or in a residential exercise. The defaulter must comply with instructions given by the responsible officer or the person in charge of any specified place or activities.
149.Sub-paragraph (2) provides that if an activity requirement is specified in the supervision order, it must be for between 12 and 24 days.
150.Sub-paragraphs (8) and (9) provide that a residential exercise (which will not constitute the totality of an activity requirement) may not be for a period of more than 7 days and cannot be given without the consent of the defaulter’s parent or guardian.
151.Sub-paragraph (12) provides that the court cannot include an activity requirement within a supervision order unless it is satisfied that the youth offending team specified, or to be specified, in the order has been consulted. It must also be satisfied that it is feasible to secure compliance with the requirement, that the activities are available within the youth offending team area, and that any other persons needed for delivery of the requirement consent to the requirement’s inclusion in the order.
152.The activity requirement may be amended by the court on application (see sub-paragraphs (11) and (12)).
153.Paragraph 5 makes provision for the making of curfew requirements. Curfew requirements may specify different places or periods for different days. A curfew may not be for less than two hours or more than eight hours in any day. The curfew requirement may be amended by the court on application (see sub-paragraph (5)).
154.Paragraph 6 makes provision for an electronic monitoring requirement which may be made as part of a curfew requirement. An electronic monitoring requirement may be imposed for a period specified in the supervision order, or determined by the responsible officer in accordance with that order.
155.The court may amend the electronic monitoring requirement on application (see sub-paragraph (7)).
156.Paragraph 7 defines the “responsible officer” and the duties of that role.
157.Sub-paragraph (1) provides that in the case of a supervision order which only contains a curfew requirement with an electronic monitoring requirement, the responsible officer will be the person who is responsible for the electronic monitoring; this person will be specified in the supervision order.
158.In any other case, the responsible officer will be a member of the youth offending team specified in the order.
159.Sub-paragraph (2) states the two duties of the responsible officer, namely to make any arrangements necessary in connection with the requirements of the order, and to promote the defaulter’s compliance with the order.
160.Sub-paragraph (4) provides that the defaulter must keep in touch with the responsible officer and notify the responsible officer of any change of address.
161.Paragraph 8 provides for the amendment of the period during which a supervision order operates.
162.Paragraph 9 sets out the court’s powers where the defaulter changes their area of residence.
163.Paragraph 10 provides that either the injunction applicant or the defaulter may apply to the court to have the supervision order revoked or amended to remove a requirement from it. The court may grant the application if it is considered to be in the interests of justice, having had regard to the circumstances which have arisen since the order was made. These circumstances may include the conduct of the defaulter.
164.Sub-paragraph (4) provides that if an application to revoke, or remove part of, a suspension order is dismissed, no further such application may be made without the consent of the appropriate court.
165.Paragraph 11 states that when the responsible officer considers that the young person has complied with all the requirements of the supervision order, he must notify the injunction applicant.
166.Paragraph 12 makes provision about non-compliance with a supervision order.
167.Sub-paragraphs (1) and (2) place a requirement on the responsible officer to inform the injunction applicant when the young person does not comply with the conditions of the supervision order. Once the applicant authority has been informed they can apply to the appropriate court after consulting as specified in sub-paragraph (3).
168.Sub-paragraph (4) states that once the court is satisfied beyond reasonable doubt that the defaulter has, without reasonable excuse, failed to comply with any requirement of the supervision order, it can either revoke the supervision order and grant a new one with different requirements or it can revoke the order and make a detention order.
169.Sub-paragraph (5) and (6) provide that where the person has breached a supervision order after the age of 18, then the court cannot revoke the supervision order and make a new one, nor can it revoke the supervision order and make a detention order. Instead it will treat the person as a person over the age of 18 who is in breach of their injunction. The consequence of this is that the person is liable to be sentenced for contempt of court as an adult; this currently carries a maximum penalty of an unlimited fine and/or two years’ imprisonment (for those aged 21 and over) or two years’ detention (for those aged between 18 and 20).
170.Paragraph 13 makes provision for copies of orders to be provided to persons affected by them.