Source: All England Reporter
Publisher Citation: [2003] All ER (D) 269 (May)
Neutral Citation: [2003] EWHC 1128 (Admin)
Court: Divisional Court

Scott Baker LJ and Newman J

Representation Nicholas Dean QC (instructed by Foy & Co) for the defendant.
  The respondent did not appear and was not represented.
Judgment Dates: 20 May 2003


Sentencing - Young offender - Detention and training order - Breach - Necessity for service of notice specifying requirements for compliance with order - (Sentencing) Act 2000, ss 101(13), 103(7).

The Case

Although it was desirable that when an offender was given a notice under s103(7) of the he should be asked to sign a copy so that there could be no dispute that he had been given it, and that where a failure was alleged of a requirement to comply with a specific order such as to live at a specified address or attend on a specific occasion, the person who gave the order should, if it was disputed, be at court to give evidence about it, proof by inference, as occurred in the instant case, was sufficient.

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