Powers of Criminal Courts (Sentencing) Act 2000

Prospective

[F1 6A (1) Section 37(1) of this Act (curfew orders) shall apply for the purposes of paragraphs 4(1C)(a) and 5(1C)(a) above as if for the words from the beginning to “make” there were substituted “Where a court has power to deal with an offender 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—

• “secondary order” means a curfew order made by virtue of paragraph 4(1C)(a) or 5(1C)(a) above;

• “original order” means the relevant order the failure to comply with which led to the making of the secondary order.

(3) A secondary order—

(a) shall specify a period of not less than 14 nor more than 28 days for which the order is to be in force; and

(b) may specify different places, or different periods (within the period for which the order is in force), for different days, but shall not specify periods which amount to less than two hours or more than twelve hours in any one day.

(4) Part IV of this Act, except sections 35, 36, 37(3) and (4), 39 and 40(2)(a), has effect in relation to a secondary order as it has effect in relation to any other curfew order, but subject to the further modifications made below.

(5) Section 37(9) applies as if the reference to an offender who on conviction is under 16 were a reference to a person who on the date when his failure to comply with the original order is proved to the court is under 16.

(6) Paragraphs 2A, 4(1A) to (2) and 5(1A) to (2) above and 10 and 11 below apply as if, in respect of the period for which the secondary order is in force, the requirements of that order were requirements of the original order.

But in paragraphs 4 and 5 above, sub-paragraph (1C)(c) applies as if references to the relevant order were to the original order or the secondary order.

(7) In paragraphs 4 and 5 above, sub-paragraph (3) applies as if references to the relevant order were to the original order and the secondary order.

(8) Paragraph 19(3) below applies as if the reference to six months from the date of the original order were a reference to 28 days from the date of the secondary order.]

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Amendments (Textual)

F1 Sch. 3 para. 6A and cross-heading substituted (prosp.) by 2000 c. 43, ss. 74, 80(1), Sch. 7 Pt. II para. 199(9)