Criminal Justice Act 2003

Part 3 Revocation of order

Revocation of order with or without re-sentencing: powers of magistrates' court

13 (1) This paragraph applies where a community order, other than an order made by the Crown Court and falling within paragraph 14(1)(a), is in force and on the application of the offender or the responsible officer it appears to the appropriate magistrates' court that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—

(a) for the order to be revoked, or

(b) for the offender to be dealt with in some other way for the offence in respect of which the order was made.

(2) The appropriate magistrates' court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) deal with the offender, for the offence in respect of which the order was made, in any way in which it could deal with him if he had just been convicted by the court of the offence.

(3) The circumstances in which a community order may be revoked under sub-paragraph (2) include the offender’s making good progress or his responding satisfactorily to supervision or treatment (as the case requires).

(4) In dealing with an offender under sub-paragraph (2)(b), a magistrates' court must take into account the extent to which the offender has complied with the requirements of the community order.

(5) A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.

(6) Where a magistrates' court proposes to exercise its powers under this paragraph otherwise than on the application of the offender, it must summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

(7) In this paragraph “the appropriate magistrates' court” means—

(a) in the case of an order imposing a drug rehabilitation requirement which is subject to review, the magistrates' court responsible for the order, and

(b) in the case of any other community order, a magistrates' court acting for the petty sessions area concerned.

Revocation of order with or without re-sentencing: powers of Crown Court

14 (1) This paragraph applies where—

(a) there is in force a community order made by the Crown Court which does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates' court, and

(b) the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.

(2) If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) deal with the offender, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made.

(3) The circumstances in which a community order may be revoked under sub-paragraph (2) include the offender’s making good progress or his responding satisfactorily to supervision or treatment (as the case requires).

(4) In dealing with an offender under sub-paragraph (2)(b), the Crown Court must take into account the extent to which the offender has complied with the requirements of the order.

(5) Where the Crown Court proposes to exercise its powers under this paragraph otherwise than on the application of the offender, it must summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

Supplementary

15 Paragraph 12 applies for the purposes of paragraphs 13 and 14 as it applies for the purposes of paragraph 9 above, but as if for the words “paragraph 9(1)(b)” there were substituted “paragraph 13(2)(b)(ii) or 14(2)(b)(ii)”.