Powers of Criminal Courts (Sentencing) Act 2000

Revocation of order with or without re-sentencing: powers of magistrates’ court E+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 [F1 or 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 [F2 community 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.

Annotations:

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Amendments (Textual)

F1 Words 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)

F2 Words in Sch. 3 para. 10(4) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(14); S.I. 2001/919, art. 2(f)(iv)