SCHEDULES
I1F1C1SCHEDULE 2 Enforcement etc. of Community Orders
Sch. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Sch. 2 applied (with modifications) (1.4.1996) by 1995 c. 46, ss. 234(5)(6), 309(2) (with ss. 24(2), 307(2))
Sch. 2 applied (with modifications) (30.9.1998) by 1998 c. 37, ss. 68(3), 70(5), Sch. 5 para. 5(4)(5); S.I. 1998/2327, arts. 2(1)(o)
Sch. 2 applied (with modifications) (30.9.1998) by 1969 c. 54, s. 16B (as inserted by 1998 c. 37, s. 119, Sch. 8 para. 21; S.I. 1998/2327, arts. 2(1)(y)(2)(i))
I2Part III Revocation of Order
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
Revocation of order following custodial sentence
I39
1
This paragraph applies where—
F2a
an offender in respect of whom a relevant order is in force is convicted of an offence—
i
by a magistrates’ court other than a magistrates’ court acting for the petty sessions area concerned; or
ii
where the relevant order is a drug treatment and testing order, by a magistrates’ court which is not responsible for the order; and
b
the court imposes a custodial sentence on the offender.
2
If it appears to the court, on the application of the offender or the responsible officer, that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the court may—
a
if the order was made by a magistrates’ court, revoke it; and
b
if the order was made by the Crown Court, commit the offender in custody or release him on bail until he can be brought or appear before the Crown Court.
3
Where the court deals with an offender’s case under sub-paragraph (2)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.
I410
Where by virtue of paragraph 9(2)(b) above an offender is brought or appears before the Crown Court and 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 relevant order was made, the Crown Court may revoke the order.
Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.