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PART XIU.K. Sentencing

[F1 Non-harassment orders]S

Textual Amendments

F1S. 234A and cross-heading inserted (16.6.1997) by 1997 c. 40, s. 11; S.I. 1997/1418, art. 2

[F2234G Breach of drug treatment testing order.S

(1)If at any time when a drug treatment and testing order is in force it appears to the appropriate court that the offender has failed to comply with any requirement of the order, the court may issue a citation requiring the offender to appear before the court at such time as may be specified in the citation or, if it appears to the court to be appropriate, it may issue a warrant for the arrest of the offender.

(2)If it is proved to the satisfaction of the appropriate court that the offender has failed without reasonable excuse to comply with any requirement of the order, the court may by order—

(a)without prejudice to the continuation in force of the order, impose a fine not exceeding level 3 on the standard scale;

(b)vary the order; or

(c)revoke the order.

(3)For the purposes of subsection (2) above, the evidence of one witness shall be sufficient evidence.

(4)A fine imposed under this section in respect of a failure to comply with the requirements of a drug treatment and testing order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by or in respect of a conviction or a penalty imposed on a person summarily convicted.]

Textual Amendments

F2S. 234G inserted (30.9.1998) by 1998 c. 37, s. 93; S.I. 1998/2327, art. 2(1)(s) (subject to arts. 5-8)