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Powers of Criminal Courts (Sentencing) Act 2000

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Prospective

[F1 Functions of responsible officer]E+W

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Amendments (Textual)

F1Sch. 3 para. 2A and cross-heading inserted (prosp.) by 2000 c. 43, ss. 53(3), 80(1) (with s. 70(5))

[F22A(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)

F2Sch. 3 para. 2A and cross-heading inserted (prosp.) by 2000 c. 43, ss. 53(3), 80(1) (with s. 70(5))

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