Youth Justice Act 2005

This section applies if the Court is satisfied, on an application by the youth, a person on behalf of the youth, the appropriate authority or a prosecutor:

that circumstances, including those of the youth, have materially changed and as a result the youth will not be able to continue to comply with an order or a condition or continuing obligation; or

that the youth is no longer complying with, or is no longer willing to comply with, an order or a condition or continuing obligation.

The Court may do any of the following:

discharge the order;

confirm or vary the order;

revoke the order and deal with the youth under section 83 as if it had just found him or her guilty of the relevant offence or offences.

In determining how to deal with the youth under subsection (2), the Court must take into account the extent to which the youth had complied with the order or conditions or continuing obligation before the application was made.

If the order the Court is reviewing is a community work order, the grounds for reviewing such an order include the following:

that the youth is in custody on a charge for another offence;

that the youth's behaviour is such that the carrying out of the terms of the order is impracticable;

that the operation of the order offends other persons.

In dealing with a youth under this section, the Court must not impose on the youth a penalty greater than the maximum penalty it could have imposed on him or her in respect of the original offence.

An appeal lies to the Supreme Court from any order made by the

If an application is made by or on behalf of the youth under this section, the Court must cause notice of the application, and of the time and place fixed for the hearing, to be given to the appropriate authority.

If an application is made by the appropriate authority or a prosecutor under this section, notice of the application must be given to the youth.

If the youth does not attend the hearing of the application, the