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Youth Justice and Criminal Evidence Act 1999

Youth Justice and Criminal Evidence Act 1999 Sch 5 para 3

Sch 5 para 3

(1) Section 15 (variation and discharge of supervision orders) is amended as follows. (2) In subsection (3)(b) (magistrates’ powers of re-sentence on breach of supervision order), for “relevant court” substitute “ magistrates’ court ” . (3) After subsection (8) insert— (8A) Where a supervision order has been made on appeal, for the purposes of subsection (3) above it shall be deemed— (a) if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court; (b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court; and, in relation to a supervision order made on appeal, subsection (3)(b) above shall have effect as if the words “if the order had not been made” were omitted and subsection (5) above shall have effect as if the words “if it had not made the order” were omitted.

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