Powers of Criminal Courts Act 1973

General

5 (1) Subject to sub-paragraph (2) below, where the supervising court proposes to amend a probation order under this Schedule, otherwise than on the application of the probationer, it shall summon him to appear before the court; and the court shall not amend a probation order unless the probationer expresses his willingness to comply with the requirements of the order as amended.

(2) This paragraph shall not apply to an order cancelling a requirement of the probation order or reducing the period of any requirement, or substituting a new petty sessions area for the area named in the probation order.

6 (1) On the making of an order discharging or amending a probation order, the clerk to the court shall forthwith—

(a) if the order discharges the probation order or amends it otherwise than by substituting a new petty sessions area for the area named in the probation order, give copies of the discharging or amending order to the probation officer ;

(b) if the order amends the probation order in the manner excepted by head (a) above, send copies of the amending order to the clerk to the justices for the new petty sessions area ;

and in a case falling within head (b) above the clerk to the justices for the new petty sessions area shall give copies of the amending order to the probation officer.

(2) A probation officer to whom in accordance with sub-paragraph (1) above copies of an order are given shall give a copy to the probationer and to the person in charge of any institution in which the probationer is or was required by the order to reside.

7 Section 2(8) of this Act shall apply to any order made under this Schedule by virtue of which a probationer is required to reside in an institution as it applies to a probation order made under that section.