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Powers of Criminal Courts (Sentencing) Act 2000

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  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

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  • Sch. 3 para. 26 inserted by 2000 c. 43 Sch. 7 para. 199(26) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(26) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 25(2) repealed by 2000 c. 43 Sch. 7 para. 199(25)(b) Sch. 8 (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(25)(a)(b) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 repealed by 2008 c. 4 Sch. 28 Pt. 1
  • Sch. 3 substituted by 2003 c. 44 Sch. 32 para. 125 (This amendment not applied to legislation.gov.uk. S.I. 2005/950, art. 4 (which commenced this effect) was amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) and by SI 2009/616, art. 2 (which S.I. was in turn revoked by S.I. 2009/3111, art. 3) before being omitted (30.11.2009) by virtue of S.I. 2009/3111, art. 2(c). Sch. 32 para. 125 repealed (30.11.2009) without ever being in force by Criminal Justice and Immigration Act 2008 (c. 4), ss. 149, 153, {Sch. 28 Pt. 1}; S.I. 2009/3074, art. 2(u)(xxxi))
  • Sch. 3 para. 3(2)(b) substituted by 2004 c. 28 Sch. 5 para. 5(3)
  • Sch. 3 para. 3(2)(c) substituted by 2004 c. 28 Sch. 5 para. 4(3)
  • Sch. 3 para. 7(4)-(7) substituted for Sch. 3 para. 7(4)-(6) by 2000 c. 43 Sch. 7 para. 199(10)(c) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(10)(c) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 8(2) words inserted by 2000 c. 43 Sch. 7 para. 199(11)(b)(ii) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(11)(b)(ii) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 3(1) words omitted by 2004 c. 28 Sch. 5 para. 4(2)
  • Sch. 3 para. 3(1) words omitted by 2004 c. 28 Sch. 5 para. 5(2)
  • Sch. 3 para. 9(2) words repealed by 2000 c. 43 Sch. 7 para. 199(12)(b) Sch. 8 (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(12) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 25(3) words repealed by 2000 c. 43 Sch. 7 para. 199(25)(c) Sch. 8 (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(25)(a)(b) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 4(2) words substituted by 2000 c. 43 Sch. 7 para. 199(7)(a) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(7) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 4(3) words substituted by 2000 c. 43 Sch. 7 para. 199(7)(b) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(7) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 4(4) words substituted by 2000 c. 43 Sch. 7 para. 199(7)(c) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(7) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 4(6) words substituted by 2000 c. 43 Sch. 7 para. 199(7)(d) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(7) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 5(2) words substituted by 2000 c. 43 Sch. 7 para. 199(8)(a) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(8) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 5(3) words substituted by 2000 c. 43 Sch. 7 para. 199(8)(b) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(8) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 7(1) words substituted by 2000 c. 43 Sch. 7 para. 199(10)(a) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(10)(a) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 7(2) words substituted by 2000 c. 43 Sch. 7 para. 199(10)(b) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(10)(b) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 8(1) words substituted by 2000 c. 43 Sch. 7 para. 199(11)(a) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(11)(a) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 8(3) words substituted by 2000 c. 43 Sch. 7 para. 199(11)(c) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(11)(c) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 9(1) words substituted by 2000 c. 43 Sch. 7 para. 199(12)(a) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(12) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 9(3) words substituted by 2000 c. 43 Sch. 7 para. 199(12)(c) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(12) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 16 words substituted by 2000 c. 43 Sch. 7 para. 199(19) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(12) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 21(7) words substituted by 2000 c. 43 Sch. 7 para. 199(19) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(12) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 1(2) words substituted by S.I. 2005/886 Sch. para. 82(a)
  • Sch. 3 para. 3(1) words substituted by S.I. 2005/886 Sch. para. 82(b)
  • Sch. 3 para. 3(2)(c) words substituted by S.I. 2005/886 Sch. para. 82(b)
  • Sch. 3 para. 10(2)(b) words substituted by S.I. 2005/886 Sch. para. 82(b)
  • Sch. 3 para. 12(2)(a) words substituted by S.I. 2005/886 Sch. para. 82(b)
  • Sch. 3 para. 15(2)(a) words substituted by S.I. 2005/886 Sch. para. 82(c)
  • Sch. 3 para. 18(1)(2)(3)(5) words substituted by S.I. 2005/886 Sch. para. 82(d)(ii)
  • Sch. 3 para. 18(1) words substituted by S.I. 2005/886 Sch. para. 82(d)(i)
  • Sch. 3 para. 19(1) words substituted by S.I. 2005/886 Sch. para. 82(e)
  • Sch. 3 para. 19(6) words substituted by S.I. 2005/886 Sch. para. 82(e)
  • Sch. 3 para. 20(1) words substituted by S.I. 2005/886 Sch. para. 82(e)
  • Sch. 3 para. 22(b) words substituted by S.I. 2005/886 Sch. para. 82(e)
  • Sch. 3 para. 25(1) words substituted by S.I. 2005/886 Sch. para. 82(f)(i)
  • Sch. 3 para. 25(2) words substituted by S.I. 2005/886 Sch. para. 82(f)(ii)
  • Sch. 3 para. 6A and cross-heading inserted by 2000 c. 43 Sch. 7 para. 199(9) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(9) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

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Changes and effects

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Powers of Criminal Courts (Sentencing) Act 2000

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Sections 39, 43, 48, 51, 56.

SCHEDULE 3E+W[F1Breach, revocation and amendment of certain community orders]

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Amendments (Textual)

F1Heading to Sch. 3 substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(27); S.I. 2001/919, art. 2(f)(iv)

Part IE+W Preliminary

DefinitionsE+W

1(1)In this Schedule “relevant order” means any of the following orders—E+W

(a)a curfew order;

(b)a [F2community rehabilitation order];

(c)a [F3community punishment order];

(d)a [F4community punishment and rehabilitation order];

(e)a drug treatment and testing order.

[F5(f)a drug abstinence order.]

(2)In this Schedule “the petty sessions area concerned” means—

(a)in relation to a curfew order, the petty sessions area in which the place for the time being specified in the order is situated; and

(b)in relation to [F6an exclusion, community rehabilitation, community punishment, community punishment and rehabilitation, drug treatment and testing or drug abstinence] order, the petty sessions area for the time being specified in the order.

(3)In this Schedule, references to the court responsible for a drug treatment and testing order [F7or drug abstinence order] shall be construed in accordance with section 54(7) of this Act [F8(or that subsection as applied by section 58B(2) of this Act)].

(4)In this Schedule—

(a)references to the [F9community rehabilitation element] of a [F4community punishment and rehabilitation order] are references to the order in so far as it imposes such a requirement as is mentioned in section 51(1)(a) of this Act (and in so far as it imposes any additional requirements included in the order by virtue of section 42); and

(b)references to the [F10community punishment element] of such an order are references to the order in so far as it imposes such a requirement as is mentioned in section 51(1)(b).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5Sch. 3 para. 1(1)(f) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(2)(a)(ii); S.I. 2001/2232, art. 2(m)(viii)

F6Words in Sch. 3 para. 1(2)(b) substituted (1.4.2001, 20.6.2001 and 2.7.2001 for specified purposes otherwiseprosp.) by 2000 c. 43, ss. 74, 80(1), Sch. 7 Pt. II para. 199(2)(b); S.I. 2001/2232, art. 2(m)(viii)

F7Words in Sch. 3 para. 1(3) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(2)(c)(i); S.I. 2001/2232, art. 2(m)(viii)

F8Words in Sch. 3 para. 1(3) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(2)(c)(ii); S.I. 2001/2232, art. 2(m)(viii)

Orders made on appealE+W

2(1)Where a curfew, [F11exclusion, community rehabilitation, community punishment, community punishment and rehabilitation or drug abstinence] order has been made on appeal, for the purposes of this Schedule it shall be deemed—E+W

(a)if it was made on an appeal brought from a magistrates’ court, to have been made by a magistrates’ court;

(b)if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court.

(2)Where a drug treatment and testing order has been made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, for the purposes of this Schedule it shall be deemed to have been made by the Crown Court.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F11Words in Sch. 3 para. 2(1) substituted (1.4.2001, 20.6.2001, 2.7.2001 for specified purposes otherwiseprosp.) by 2000 c. 43, ss. 74, 80(1), Sch. 7 Pt. II para. 199(5); S.I. 2001/919, art. 2(f)(iv); S.I. 2001/2232, art. 2(m)(viii)

Prospective

[F12 Functions of responsible officer]E+W

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Amendments (Textual)

F12Sch. 3 para. 2A and cross-heading inserted (prosp.) by 2000 c. 43, ss. 53(3), 80(1) (with s. 70(5))

[F132A(1)Sub-paragraphs (2) and (3) below apply if the responsible officer is of the opinion that a person aged 18 or over (“the offender”) has failed without reasonable excuse to comply with any of the requirements of an order to which the warning provisions apply other than a requirement to abstain from misusing specified Class A drugs.E+W

(2)The officer shall give him a warning under this paragraph if—

(a)the offender has not within the specified period been given a warning under this paragraph in respect of a failure to comply with any of the requirements of the order; and

(b)the officer does not cause an information to be laid before a justice of the peace in respect of the failure in question.

(3)If the offender has within the specified period been given such a warning, the officer shall cause an information to be laid before a justice of the peace in respect of the failure in question.

(4)In sub-paragraphs (2) and (3) above, “specified period” means—

(a)in the case of a curfew order, the period of six months;

(b)in any other case, the period of twelve months;

ending with the failure in question.

(5)A warning under this paragraph must—

(a)describe the circumstances of the failure;

(b)state that the failure is unacceptable;

(c)inform the offender that if within the next six or (as the case may be) twelve months he again fails to comply with any requirement of the order, he will be liable to be brought before a court;

and the officer shall, as soon as is practicable after the warning has been given, record that fact.

(6)If a community sentence consists of or includes two or more orders to which the warning provisions apply, being orders in respect of the same offence—

(a)the preceding provisions of this paragraph shall have effect as if those orders were a single order to which the warning provisions apply; and

(b)where one of those orders is a curfew order that fact shall be disregarded for the purposes of sub-paragraph (4) above.]

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Amendments (Textual)

F13Sch. 3 para. 2A and cross-heading inserted (prosp.) by 2000 c. 43, ss. 53(3), 80(1) (with s. 70(5))

Part IIE+W Breach of requirement of order

Issue of summons or warrantE+W

3(1)If at any time while a relevant order is in force in respect of an offender it appears on information to a justice of the peace acting for the petty sessions area concerned that the offender has failed to comply with any of the requirements of the order, the justice may—E+W

(a)issue a summons requiring the offender to appear at the place and time specified in it; or

(b)if the information is in writing and on oath, issue a warrant for his arrest.

(2)Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought—

(a)in the case of a drug treatment and testing order [F14or a drug abstinence order], before the court responsible for the order;

(b)in the case of any other relevant order which was made by the Crown Court and included a direction that any failure to comply with any of the requirements of the order be dealt with by the Crown Court, before the Crown Court; and

(c)in the case of a relevant order which is neither a drug treatment and testing order [F15a drug abstinence order] nor an order to which paragraph (b) above applies, before a magistrates’ court acting for the petty sessions area concerned.

[F16(3)Where a summons issued under sub-paragraph (1)(a) above requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a further summons requiring the offender to appear at the place and time specified in it.

(4)Where a summons issued under sub-paragraph (1)(a) above or a further summons issued under sub-paragraph (3) above requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a warrant for the arrest of the offender.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F14Words in Sch. 3 para. 3(2)(a) inserted (20.6.2001 for spcified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(6)(a); S.I. 2001/2232, art. 2(m)(viii)

F15Words in Sch. 3 para. 3(2)(c) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, ss. 74, 80(1), Sch. 7 Pt. II para. 199(6)(b)

Powers of magistrates’ courtE+W

4(1)If it is proved to the satisfaction of a magistrates’ court before which an offender appears or is brought under paragraph 3 above that he has failed without reasonable excuse to comply with any of the requirements of the relevant order, the court may deal with him in respect of the failure in any one of the following ways—E+W

(a)it may impose on him a fine not exceeding £1,000;

(b)where the offender is aged 16 or over it may, subject to paragraph 7 below, make a community service order in respect of him;

(c)where—

(i)the relevant order is a curfew order and the offender is aged under 16, or

(ii)the relevant order is a probation order or combination order and the offender is aged under 21,

it may, subject to paragraph 8 below, make an attendance centre order in respect of him; or

(d)where the relevant order was made by a magistrates’ court, it may deal with him, 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.

(2)In dealing with an offender under sub-paragraph (1)(d) above, a magistrates’ court—

(a)shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

(b)in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence (where the relevant order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 79(2) of this Act.

(3)Where a magistrates’ court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force.

(4)Where a relevant order was made by the Crown Court and a magistrates’ court has power to deal with the offender under sub-paragraph (1)(a), (b) or (c) above, it may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court.

(5)A magistrates’ court which deals with an offender’s case under sub-paragraph (4) above shall send to the Crown Court—

(a)a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the relevant order in the respect specified in the certificate; and

(b)such other particulars of the case as may be desirable;

and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.

(6)A person sentenced under sub-paragraph (1)(d) above for an offence may appeal to the Crown Court against the sentence.

Powers of Crown CourtE+W

5(1)Where under paragraph 3 or by virtue of paragraph 4(4) above an offender is brought or appears before the Crown Court and it is proved to the satisfaction of that court that he has failed without reasonable excuse to comply with any of the requirements of the relevant order, the Crown Court may deal with him in respect of the failure in any one of the following ways—E+W

(a)it may impose on him a fine not exceeding £1,000;

(b)where the offender is aged 16 or over it may, subject to paragraph 7 below, make a community service order in respect of him;

(c)where—

(i)the relevant order is a curfew order and the offender is aged under 16, or

(ii)the relevant order is a probation order or combination order and the offender is aged under 21,

it may, subject to paragraph 8 below, make an attendance centre order in respect of him; or

(d)it may deal with him, 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 before the Crown Court of the offence.

(2)In dealing with an offender under sub-paragraph (1)(d) above, the Crown Court—

(a)shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

(b)in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence (where the relevant order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 79(2) of this Act.

(3)Where the Crown Court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force.

(4)In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the relevant order shall be determined by the court and not by the verdict of a jury.

Exclusions from paragraphs 4 and 5E+W

6(1)Without prejudice to paragraphs 10 and 11 below, an offender who is convicted of a further offence while a relevant order is in force in respect of him shall not on that account be liable to be dealt with under paragraph 4 or 5 above in respect of a failure to comply with any requirement of the order.E+W

(2)An offender who—

(a)is required by a [F17community rehabilitation order] or [F18community punishment and rehabilitation order] to submit to treatment for his mental condition, or his dependency on or propensity to misuse drugs or alcohol, or

(b)is required by a drug treatment and testing order to submit to treatment for his dependency on or propensity to misuse drugs,

shall not be treated for the purposes of paragraph 4 or 5 above as having failed to comply with that requirement on the ground only that he has refused to undergo any surgical, electrical or other treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.

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Amendments (Textual)

[F19 Community punishment orders imposed for breach of relevant order]E+W

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Amendments (Textual)

F19Sch. 3 cross-heading preceding para. 7 substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(10); S.I. 2001/919, art. 2(f)(iv)

7(1)Section 46(1) of this Act ([F20community punishment orders]) shall apply for the purposes of paragraphs 4(1)(b) and 5(1)(b) above as if for the words from the beginning to “make” there were substituted “ Where a court has power to deal with an offender aged 16 or over under Part II of Schedule 3 to this Act for failure to comply with any of the requirements of a relevant order, the court may make in respect of the offender ”.E+W

(2)In this paragraph a “secondary order” means a [F20community punishment order] made by virtue of paragraph 4(1)(b) or 5(1)(b) above.

(3)The number of hours which an offender may be required to work under a secondary order shall be specified in the order and shall not exceed 60 in the aggregate; and—

(a)where the relevant order is a [F20community punishment order], the number of hours which the offender may be required to work under the secondary order shall not be such that the total number of hours under both orders exceeds the maximum specified in section 46(3) of this Act; and

(b)where the relevant order is a combination order, the number of hours which the offender may be required to work under the secondary order shall not be such that the total number of hours under—

(i)the secondary order, and

(ii)the [F21community punishment element] of the combination order,

exceeds the maximum specified in section 51(1)(b) of this Act.

(4)Section 46(4) of this Act and, so far as applicable—

(a)section 46(5) to (7) and (9) to (13), and

(b)section 47 and the provisions of this Schedule so far as relating to community service orders,

have effect in relation to a secondary order as they have effect in relation to any other community service order, subject to sub-paragraph (6) below.

(5)Sections 35 and 36 of this Act (restrictions and procedural requirements for community sentences) do not apply in relation to a secondary order.

(6)Where the provisions of this Schedule have effect as mentioned in sub-paragraph (4) above in relation to a secondary order—

(a)the power conferred on the court by each of paragraphs 4(1)(d) and 5(1)(d) above and paragraph 10(3)(b) below to deal with the offender for the offence in respect of which the order was made shall be construed as a power to deal with the offender, for his failure to comply with the original order, in any way in which the court could deal with him if that failure had just been proved to the satisfaction of the court;

(b)the references in paragraphs 10(1)(b) and 11(1)(a) below to the offence in respect of which the order was made shall be construed as references to the failure to comply in respect of which the order was made; and

(c)the power conferred on the Crown Court by paragraph 11(2)(b) below to deal with the offender for the offence in respect of which the order was made shall be construed as a power to deal with the offender, for his failure to comply with the original order, in any way in which a magistrates’ court (if the original order was made by a magistrates’ court) or the Crown Court (if the original order was made by the Crown Court) could deal with him if that failure had just been proved to its satisfaction;

and in this sub-paragraph “the original order” means the relevant order the failure to comply with which led to the making of the secondary order.

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Amendments (Textual)

Modifications etc. (not altering text)

C1Sch. 3 para. 7(4) modified (temp.) by S.I. 2001/919, art. 4

Attendance centre orders imposed for breach of relevant orderE+W

8(1)Section 60(1) of this Act (attendance centre orders) shall apply for the purposes of paragraphs 4(1)(c) and 5(1)(c) above as if for the words from the beginning to “the court may,” there were substituted Where a court— E+W

(a)has power to deal with an offender aged under 16 under Part II of Schedule 3 to this Act for failure to comply with any of the requirements of a curfew order, or

(b)has power to deal with an offender aged under 21 under that Part of that Schedule for failure to comply with any of the requirements of a probation or combination order,

the court may, .

(2)The following provisions of this Act, namely—

(a)subsections (3) to (11) of section 60, and

(b)so far as applicable [F22section 36B and], Schedule 5,

have effect in relation to an attendance centre order made by virtue of paragraph 4(1)(c) or 5(1)(c) above as they have effect in relation to any other attendance centre order, but as if there were omitted from each of paragraphs 2(1)(b), 3(1) and 4(3) of Schedule 5 the words “, for the offence in respect of which the order was made,” and “for that offence”.

(3)Sections 35 and 36 of this Act (restrictions and procedural requirements for community sentences) do not apply in relation to an attendance centre order made by virtue of paragraph 4(1)(c) or 5(1)(c) above.

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Amendments (Textual)

F22Words in Sch. 3 para. 8(2)(b) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(11)(b)(i); S.I. 2001/2232, art. 2(m)(viii)

SupplementaryE+W

9(1)Any exercise by a court of its powers under paragraph 4(1)(a), (b) or (c) or 5(1)(a), (b) or (c) above shall be without prejudice to the continuance of the relevant order.E+W

(2)A fine imposed under paragraph 4(1)(a) or 5(1)(a) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

(3)Where a relevant order was made by a magistrates’ court in the case of an offender under 18 years of age in respect of an offence triable only on indictment in the case of an adult, any powers exercisable under paragraph 4(1)(d) above in respect of the offender after he attains the age of 18 shall be powers to do either or both of the following—

(a)to impose a fine not exceeding £5,000 for the offence in respect of which the order was made;

(b)to deal with the offender for that offence in any way in which a magistrates’ court could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months.

Part IIIE+W Revocation of order

Revocation of order with or without re-sentencing: powers of magistrates’ courtE+W

10(1)This paragraph applies where a relevant order made by a magistrates’ court is in force in respect of any offender 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—E+W

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

(a)in the case of a drug treatment and testing order [F23or a drug abstinence order], the magistrates’ court responsible for the order;

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

(3)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.

(4)The circumstances in which a [F24community rehabilitation, community punishment and rehabilitation] or drug treatment and testing order may be revoked under sub-paragraph (3)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision or, as the case may be, treatment.

(5)In dealing with an offender under sub-paragraph (3)(b) above, a magistrates’ court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

(6)A person sentenced under sub-paragraph (3)(b) above for an offence may appeal to the Crown Court against the sentence.

(7)Where a magistrates’ court proposes to exercise its powers under this paragraph otherwise than on the application of the offender, it shall 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.

(8)No application may be made by the offender under sub-paragraph (1) above while an appeal against the relevant order is pending.

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Amendments (Textual)

F23Words in Sch. 3 para. 10(2)(a) substituted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(13); S.I. 2001/2232, art. 2(m)(viii)

Revocation of order with or without re-sentencing: powers of Crown Court on conviction etc.E+W

11(1)This paragraph applies where—E+W

(a)a relevant order made by the Crown Court is in force in respect of an offender and 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; or

(b)an offender in respect of whom a relevant order is in force is convicted of an offence before the Crown Court or, having been committed by a magistrates’ court to the Crown Court for sentence, is brought or appears before the Crown Court.

(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 the court which made the order could deal with him if he had just been convicted of that offence by or before the court which made the order.

(3)The circumstances in which a [F25community rehabilitation, community punishment and rehabilitation] or drug treatment and testing order may be revoked under sub-paragraph (2)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision or, as the case may be, treatment.

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

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Amendments (Textual)

[F26Substitution of conditional discharge for community rehabilitation or community punishment and rehabilitation order]E+W

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Amendments (Textual)

F26Cross-heading substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(18); S.I. 2001/919, art. 2(f)(iv)

12(1)This paragraph applies where a [F27community rehabilitation order or community punishment and rehabilitation] order is in force in respect of any offender and on the application of the offender or the responsible officer to the appropriate court it appears to the court that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—E+W

(a)for the order to be revoked; and

(b)for an order to be made under section 12(1)(b) of this Act discharging the offender conditionally for the offence for which the [F28community rehabilitation or community punishment and rehabilitation] order was made.

(2)In this paragraph “the appropriate court” means—

(a)where the [F28community rehabilitation or community punishment and rehabilitation] order was made by a magistrates’ court, a magistrates’ court acting for the petty sessions area concerned;

(b)where the [F28community rehabilitation or community punishment and rehabilitation] order was made by the Crown Court, the Crown Court.

(3)No application may be made under paragraph 10 or 11 above for a [F29community rehabilitation order] or combination order to be revoked and replaced with an order for conditional discharge under section 12(1)(b); but otherwise nothing in this paragraph shall affect the operation of paragraphs 10 and 11 above.

(4)Where this paragraph applies—

(a)the appropriate court may revoke the [F28community rehabilitation or community punishment and rehabilitation] order and make an order under section 12(1)(b) of this Act discharging the offender in respect of the offence for which the [F28community rehabilitation or community punishment and rehabilitation] order was made, subject to the condition that he commits no offence during the period specified in the order under section 12(1)(b); and

(b)the period specified in the order under section 12(1)(b) shall be the period beginning with the making of that order and ending with the date when the [F30community rehabilitation period] specified in the [F28community rehabilitation or community punishment and rehabilitation] order would have ended.

(5)For the purposes of sub-paragraph (4) above, subsection (1) of section 12 of this Act shall apply as if—

(a)for the words from the beginning to “may make an order either” there were substituted the words “ Where paragraph 12 of Schedule 3 to this Act applies, the appropriate court may (subject to the provisions of sub-paragraph (4) of that paragraph) make an order in respect of the offender ”; and

(b)paragraph (a) of that subsection were omitted.

(6)An application under this paragraph may be heard in the offender’s absence if—

(a)the application is made by the responsible officer; and

(b)that officer produces to the court a statement by the offender that he understands the effect of an order for conditional discharge and consents to the making of the application;

and where the application is so heard section 12(4) of this Act shall not apply.

(7)No application may be made under this paragraph while an appeal against the [F28community rehabilitation or community punishment and rehabilitation] order is pending.

(8)Without prejudice to paragraph 15 below, on the making of an order under section 12(1)(b) of this Act by virtue of this paragraph the court shall forthwith give copies of the order to the responsible officer, and the responsible officer shall give a copy to the offender.

(9)Each of sections 1(11), 2(9) and 66(4) of the M1Crime and Disorder Act 1998 (which prevent a court from making an order for conditional discharge in certain cases) shall have effect as if the reference to the court by or before which a person is convicted of an offence there mentioned included a reference to a court dealing with an application under this paragraph in respect of the offence.

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Amendments (Textual)

Marginal Citations

Revocation following custodial sentence by magistrates’ court unconnected with orderE+W

13(1)This paragraph applies where—E+W

(a)an offender in respect of whom a relevant order is in force is convicted of an offence by a magistrates’ court unconnected with the order;

(b)the court imposes a custodial sentence on the offender; and

(c)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 exercise its powers under this paragraph, having regard to circumstances which have arisen since the order was made.

(2)In sub-paragraph (1) above “a magistrates’ court unconnected with the order” means—

(a)in the case of a drug treatment and testing order [F31or a drug abstinence order], a magistrates’ court which is not responsible for the order;

(b)in the case of any other relevant order, a magistrates’ court not acting for the petty sessions area concerned.

(3)The court may—

(a)if the order was made by a magistrates’ court, revoke it;

(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.

(4)Where the court deals with an offender’s case under sub-paragraph (3)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.

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Amendments (Textual)

F31Words in Sch. 3 para. 13(2)(a) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(13); S.I. 2001/2232, art. 2(m)(viii)

14Where by virtue of paragraph 13(3)(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.E+W

SupplementaryE+W

15(1)On the making under this Part of this Schedule of an order revoking a relevant order, the proper officer of the court shall forthwith give copies of the revoking order to the responsible officer.E+W

(2)In sub-paragraph (1) above “proper officer” means—

(a)in relation to a magistrates’ court, the justices’ chief executive for the court; and

(b)in relation to the Crown Court, the appropriate officer.

(3)A responsible officer to whom in accordance with sub-paragraph (1) above copies of a revoking order are given shall give a copy to the offender and to the person in charge of any institution in which the offender was required by the order to reside.

16Paragraph 9(3) above shall apply for the purposes of paragraphs 10 and 11 above as it applies for the purposes of paragraph 4 above, but as if for the words “paragraph 4(1)(d) above” there were substituted “ paragraph 10(3)(b)(ii) or 11(2)(b)(ii) below ”.E+W

17Where under this Part of this Schedule a relevant order is revoked and replaced by an order for conditional discharge under section 12(1)(b) of this Act and—E+W

(a)the order for conditional discharge is not made in the circumstances mentioned in section 13(9) of this Act (order made by magistrates’ court in the case of an offender under 18 in respect of offence triable only on indictment in the case of an adult), but

(b)the relevant order was made in those circumstances,

section 13(9) shall have effect as if the order for conditional discharge had been made in those circumstances.

Part IVE+W Amendment of order

Amendment by reason of change of residenceE+W

18(1)This paragraph applies where, at any time while a relevant order (other than a drug treatment and testing order) is in force in respect of an offender, a magistrates’ court acting for the petty sessions area concerned is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area.E+W

(2)Subject to sub-paragraphs (3) to (5) below, the court may, and on the application of the responsible officer shall, amend the relevant order by substituting the other petty sessions area for the area specified in the order or, in the case of a curfew order, a place in that other area for the place so specified.

(3)The court shall not amend under this paragraph a [F32community rehabilitation] or curfew order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the petty sessions area concerned unless, in accordance with paragraph 19 below, it either—

(a)cancels those requirements; or

(b)substitutes for those requirements other requirements which can be complied with if the offender ceases to reside in that area.

(4)Sub-paragraph (3) above applies also in relation to a [F33community punishment and rehabilitation order]whose [F34community rehabilitation element] contains requirements such as are mentioned in that sub-paragraph.

(5)The court shall not amend a [F35community punishment order] or [F33community punishment and rehabilitation order] under this paragraph unless it appears to the court that provision can be made for the offender to perform work under the order under the arrangements which exist for persons who reside in the other petty sessions area to perform work under such orders.

(6)Where—

(a)the court amends a [F36community rehabilitation, community punishment or community punishment and rehabilitation] order under this paragraph,

(b)a local authority is specified in the order in accordance with section 41(5) or 46(9) of this Act, and

(c)the change, or proposed change, of residence also is or would be a change of residence from the area of that authority to the area of another such authority,

the court shall further amend the order by substituting the other authority for the authority specified in the order.

(7)In sub-paragraph (6) above “local authority” has the meaning given by section 42 of the M2Crime and Disorder Act 1998, and references to the area of a local authority shall be construed in accordance with that section.

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Amendments (Textual)

Marginal Citations

[F37 Amendment of requirements of community rehabilitation community punishment and rehabilitation, curfew or exclusion order.]E+W

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Amendments (Textual)

F37Sch. 3 cross-heading preceding para. 19 substitued (1.4.2001 for specified purposes otherwiseprosp.) by 2000 c. 43, s. 74, Sch. 7 para. 199(21)(e)

19(1)Without prejudice to the provisions of paragraph 18 above but subject to sub-paragraphs (2) and (3) below, a magistrates’ court acting for the petty sessions area concerned may, on the application of the offender or the responsible officer, by order amend a [F38community rehabilitation, curfew or exclusion] order or the [F39community rehabilitation element] of a [F40community punishment and rehabilitation order]E+W

(a)by cancelling any of the requirements of the [F38community rehabilitation, curfew or exclusion] order or of the [F39community rehabilitation element] of the [F40community punishment and rehabilitation order]; or

(b)by inserting in the [F38community rehabilitation, curfew or exclusion] order or probation element of the combination order (either in addition to or in substitution for any of its requirements) any requirement which the court could include if it were then making the order.

(2)A magistrates’ court shall not under sub-paragraph (1) above amend a [F41community rehabilitation order] or the [F39community rehabilitation element] of a [F40community punishment and rehabilitation order]

(a)by reducing the [F42community rehabilitation period], or by extending that period beyond the end of three years from the date of the original order; or

[F43(aa)by extending any curfew periods specified in a requirement under the order beyond the end of six months from the date of the original order;

(ab)by extending the period during which the offender is prohibited from entering a place specified in a requirement under the order beyond the end of two years from the date of the original order;]

(b)by inserting in it a requirement that the offender shall submit to treatment for his mental condition, or his dependency on or propensity to misuse drugs or alcohol, unless—

(i)the offender has expressed his willingness to comply with such a requirement; and

(ii)the amending order is made within three months after the date of the original order.

(3)A magistrates’ court shall not under sub-paragraph (1) above amend a curfew order by extending the curfew periods beyond the end of six months [F44(or, for an offender aged under 16 on conviction, three months)] from the date of the original order.

[F45(4)A magistrates’ court shall not under sub-paragraph (1) above amend an exclusion order by extending the period for which the offender is prohibited from entering the place in question beyond the end of two years (or, for an offender aged under 16 on conviction, three months) from the date of the original order.

(5)For the purposes of this paragraph the eligible persons are—

(a)the offender;

(b)the responsible officer; and

(c)in relation to an exclusion order, a community rehabilitation order or a community punishment and rehabilitation order, any affected person.

But an application under sub-paragraph (1) above by a person such as is mentioned in paragraph (c) above must be for the cancellation of a requirement which was included in the order by virtue of his consent or for the purpose (or partly for the purpose) of protecting him from being approached by the offender, or for the insertion of a requirement which will, if inserted, be such a requirement

(6)Without prejudice to the provisions of paragraph 18 above, a magistrates’ court acting for the petty sessions area concerned may, on the application of the offender or the responsible officer, by order amend a drug abstinence order by extending the period for which the order has effect (but not beyond the end of three years from the date of the original order).]

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Amendments (Textual)

F38Words in Sch. 3 para. 19(1) substituted (1.4.2001 for specified purposes otherwiseprosp.) by 2000 c. 43, ss. 74, 80(1), Sch. 7 Pt. II para. 199(21)(a)(iii); S.I. 2001/919, art. 2(f)(iv)

F43Sch. 3 para. 19(2)(aa)(ab) inserted (20.6.2001 and 2.7.2001 for specified purposes otherwiseprosp.) by 2000 c. 43, ss. 74, 80(1), Sch. 7 Pt. II para. 199(21)(b); S.I. 2001/2232, art. 2(m)(viii)

F44Words in Sch. 3 para. 19(3) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(21)(c); S.I. 2001/2232, art. 2(m)(viii)

F45Sch. 3 para. 19(4)-(6) inserted (20.6.2001 and 2.7.2001 for specified purposes otherwiseprosp.) by 2000 c. 43, ss. 74, 80(1), Sch. 7 Pt. II para. 199(21)(d); S.I. 2001/2232, art. 2(m)(viii)

[F46Amendment of treatment requirements of community rehabilitation or community punishment and rehabilitation order on report of practitioner]E+W

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Amendments (Textual)

20(1)Where the medical practitioner or other person by whom or under whose direction an offender is, in pursuance of any requirement of a [F47community rehabilitation or community punishment and rehabilitation] order, being treated for his mental condition or his dependency on or propensity to misuse drugs or alcohol—E+W

(a)is of the opinion mentioned in sub-paragraph (2) below, or

(b)is for any reason unwilling to continue to treat or direct the treatment of the offender,

he shall make a report in writing to that effect to the responsible officer and that officer shall apply under paragraph 19 above to a magistrates’ court acting for the petty sessions area concerned for the variation or cancellation of the requirement.

(2)The opinion referred to in sub-paragraph (1) above is—

(a)that the treatment of the offender should be continued beyond the period specified in that behalf in the order;

(b)that the offender needs different treatment;

(c)that the offender is not susceptible to treatment; or

(d)that the offender does not require further treatment.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Amendment of drug treatment and testing orderE+W

21(1)Without prejudice to the provisions of section 55(1), (6) and (8) of this Act, the court responsible for a drug treatment and testing order may by order—E+W

(a)vary or cancel any of the requirements or provisions of the order on an application by the responsible officer under sub-paragraph (2) or (3)(a) or (b) below; or

(b)amend the order on an application by that officer under sub-paragraph (3)(c) below.

(2)Where the treatment provider is of the opinion that the treatment or testing requirement of the order should be varied or cancelled—

(a)he shall make a report in writing to that effect to the responsible officer; and

(b)that officer shall apply to the court for the variation or cancellation of the requirement.

(3)Where the responsible officer is of the opinion—

(a)that the treatment or testing requirement of the order should be so varied as to specify a different treatment provider,

(b)that any other requirement of the order, or a provision of the order, should be varied or cancelled, or

(c)that the order should be so amended as to provide for each subsequent periodic review (required by section 54(6)(a) of this Act) to be made without a hearing instead of at a review hearing, or vice versa,

he shall apply to the court for the variation or cancellation of the requirement or provision or the amendment of the order.

(4)The court—

(a)shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended; and

(b)shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in section 52(1) of this Act, or to increase it above the maximum so specified.

(5)If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may—

(a)revoke the order; and

(b)deal with him, 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 or before the court of the offence.

(6)In dealing with the offender under sub-paragraph (5)(b) above, the court—

(a)shall take into account the extent to which the offender has complied with the requirements of the order; and

(b)may impose a custodial sentence (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 79(2) of this Act.

(7)Paragraph 9(3) above shall apply for the purposes of this paragraph as it applies for the purposes of paragraph 4 above, but as if for the words “paragraph 4(1)(d) above” there were substituted “ paragraph 21(5)(b) below ”.

[F48Extension of community punishment or community punishment and rehabilitation order]E+W

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Amendments (Textual)

F48Cross-heading substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(23); S.I. 2001/919, art. 2(f)(iv)

22Where—E+W

(a)a [F49community punishment order] or [F50community punishment and rehabilitation order] is in force in respect of any offender, and

(b)on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned 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, in relation to the order, extend the period of twelve months specified in section 47(3) of this Act.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

SupplementaryE+W

23No order may be made under paragraph 18 above, and no application may be made under paragraph 19 or 22 above or, except with the consent of the offender, under paragraph 21 above, while an appeal against the relevant order is pending.E+W

24(1)Subject to sub-paragraph (2) below, where a court proposes to exercise its powers under this Part of this Schedule, otherwise than on the application of the offender, the court—E+W

(a)shall summon him to appear before the court; and

(b)if he does not appear in answer to the summons, may issue a warrant for his arrest.

(2)This paragraph shall not apply to an order cancelling a requirement of a relevant order or reducing the period of any requirement, or [F51to an order under paragraph 18 above] substituting a new petty sessions area or a new place for the one specified in a relevant order.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F51Words in Sch. 3 para. 24(2) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(24); S.I. 2001/2232, art. 2(m)(viii)

25(1)On the making under this Part of this Schedule of an order amending a relevant order (other than a drug treatment and testing order), the justices’ chief executive for the court shall forthwith—E+W

(a)if the order amends the relevant order otherwise than by substituting [F52, by virtue of paragraph 18 above,] a new petty sessions area or a new place for the one specified in the relevant order, give copies of the amending order to the responsible officer;

(b)if the order amends the relevant order in the manner excepted by paragraph (a) above, send to the chief executive to the justices for the new petty sessions area or, as the case may be, for the petty sessions area in which the new place is situated—

(i)copies of the amending order; and

(ii)such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order;

and in a case falling within paragraph (b) above the chief executive to the justices for that area shall give copies of the amending order to the responsible officer.

(2)On the making under this Part of this Schedule of an order amending a drug treatment and testing order, the justices’ chief executive for the court shall forthwith give copies of the amending order to the responsible officer.

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

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F52Words in Sch. 3 para. 25(1)(a) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(25)(a); S.I. 2001/2232, art. 2(m)(viii)

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