5.—(1) If at any time while a supervised activity order is in force in respect of any offender it appears, on complaint to a lay magistrate, that the offender has failed to comply with any of the requirements of paragraph 4 or of the order (including any failure satisfactorily to carry out any instructions which the offender has been given by the supervising officer under the order), [F1or that the offender, having chosen to pay the outstanding amount, is in default on the payment,] the lay magistrate may—N.I.
(a)issue a summons requiring the offender to appear before the appropriate court at a time specified in the summons; or
(b)if the complaint is in writing and on oath, issue a warrant for the offender to be arrested and brought before the appropriate court.
(2) If—
(a)a warrant is issued under sub-paragraph (1) requiring an offender to be brought before the Crown Court; and
(b)the offender cannot forthwith be brought before the Crown Court because it is not being held
the warrant shall have effect as if it directed the offender to be brought before a magistrates' court F2....
(3) Where an offender is brought before a magistrates' court in pursuance of sub-paragraph (2), that court shall commit the offender in custody or on bail to the Crown Court.
(4) If it is proved to the satisfaction of the appropriate court before which an offender appears or is brought under this paragraph that the offender has failed without reasonable excuse to comply with any of the requirements of paragraph 4 or of the order (including any failure satisfactorily to carry out any instructions which the offender has been given by the supervising officer under the order) [F3or that the offender is in default as mentioned in sub-paragraph (1), ] the court may—
[F4(a)revoke the order and impose such period of imprisonment not exceeding 35 days as the court considers appropriate;]
(b)subject to Article [F545(4)] and paragraph 2(3), vary the number of hours specified in the order.
[F6(5) Section 13(7A) of the Prison Act (Northern Ireland) 1953 prevents prison rules from providing for the grant of remission to an offender in respect of a period of imprisonment imposed under sub-paragraph (4).]
Textual Amendments
F1Words in Sch. 3 para. 5(1) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(6), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)
F2Words in Sch. 3 para. 5(2) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 136(5)(d), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F3Words in Sch. 3 para. 5(4) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(7)(a), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)
F4Sch. 3 para. 5(4)(a) substituted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(7)(b), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)
F5Word in Sch. 3 para. 5(4)(b) substituted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(3), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)
F6Sch. 3 para. 5(5) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 32(2), 61(2) (with s. 32(4)); S.R. 2018/99, art. 2(a)