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


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 IIIE+W Revocation of order

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 [F2or 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.


Amendments (Textual)

F2Words 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)