H v Doncaster Youth Court [2008] EWHC 3463 (Admin) (20 November 2008)

H v Doncaster Youth Court [2008] EWHC 3463 (Admin) (20 November 2008)

The phrase 'the remainder of the term of the detention and training order' in Section 104(3) of the 2000 Act means the period remaining on the order as at the date the court makes its order, not from the date of breach. The court cannot impose a period of detention extending beyond the expiry of the original order.

Citation
[2008] EWHC 3463 (Admin)
Parties
Claimant: H; First Defendant: Doncaster Youth Court; Second Defendant: Doncaster Youth Offending Service
Jurisdiction
England and Wales
Judgment Date
20 November 2008
Procedural Posture
Appeal by Way of Case Stated / High Court (queen's Bench Division, Divisional Court)
Outcome
Appeal allowed
Legal Topics
Detention and Training Orders, Statutory Interpretation, Breach of Supervision Requirements
Criminal Law Youth Justice Detention and Training Orders Statutory Interpretation Breach of Supervision Requirements

Case Brief

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Parties

H

Claimant

Doncaster Youth Court

First Defendant

Doncaster Youth Offending Service

Second Defendant

Procedural Posture

Appeal by Way of Case Stated / High Court (queen's Bench Division, Divisional Court)

Legal Issues

  1. 1 How is 'the remainder of the term of the detention and training order' in Section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000 to be calculated for the purposes of returning a youth to detention for breach of supervision requirements?

Ratio Decidendi

The phrase 'the remainder of the term of the detention and training order' in Section 104(3) of the 2000 Act means the period remaining on the order as at the date the court makes its order, not from the date of breach. The court cannot impose a period of detention extending beyond the expiry of the original order.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the court answers the case stated as follows: (a) no, (b) no, (c) yes, (d) no.
  • No order made regarding the lawfulness of the period already served; such relief must be sought by separate proceedings.