Citing breach evidence in court
The YJB has taken legal advice from the Joint Youth Justice Unit to clarify some issues around time limits in breach proceedings.
YOTs should note that, according to section 127 of the Magistrates Courts Act 1980, information regarding breaches should be laid before courts within six months of the time when the breach was committed.
If a young person has previously received two formal warnings and is being breached for a third unacceptable failure to comply, the two previous instances can be cited as background evidence in court. However, breach proceedings must be brought within six months of the third instance of failure to comply. Only breaches taking place within this timescale will be able to be considered.
This should not affect the majority of breach action being initiated by the YOT, given that good practice is to lay information before court promptly following the decision to breach, in line with National Standards for Youth Justice Services.
YOT staff should continue to lay information of alleged breaches within the timescales outlined within National Standards even in circumstances where the location of the child or young person is not known or where they have left the country. In these circumstances, because information has been laid within the timescales, the breach can progress when the child or young person can be next brought before a court.