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SCHEDULES

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

Textual Amendments

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

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 [F2designated officer] 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.

16E+WParagraph 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 ”.

17E+WWhere 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—

(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.