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Powers of Criminal Courts (Sentencing) Act 2000
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- 2000 c. 6
- SCHEDULE 5
- Revocation of order with or without re-sentencing
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- Pt. 12 modified by S.I. 2005/643 art. 2
- s. 1A(2)(a) text amended by S.I. 2008/912 Sch. 1 para. 14(3)
- s. 3A amendment to earlier affecting provision 2003 c. 44 Sch. 3 para. 23 by 2008 c. 4 Sch. 13 para. 9
- s. 3A-3C inserted by 2003 c. 44 Sch. 3 Pt. 1 para. 23
- s. 4A inserted by 2003 c. 44 Sch. 3 Pt. 1 para. 25
- s. 5A and heading(s) inserted by 2003 c. 44 Sch. 3 Pt. 1 para. 27
- s. 27A inserted by 2008 c. 4 s. 36(2)
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- s. 106A inserted by 2003 c. 44 Sch. 32 Pt. 1 para. 113
- s. 106A modified by 2006 c. 52 s. 213(1)(2)
- s. 106A modified by S.I. 2009/1059 Sch. 1 para. 45(2)
- s. 106A(1) text amended by 2006 c. 52 Sch. 16 para. 165(2)
- s. 106A(8)(b) text amended by 2006 c. 52 Sch. 16 para. 165(3)(a)
- s. 106A(8)(d) and word added by 2006 c. 52 Sch. 16 para. 165(3)(b)
- s. 147A 147B inserted by 2009 c. 25 Sch. 16 para. 5(1)
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- S.I. 2009/616 art. 2 3 amendment to earlier commencing SI 2005/950 and SI 2007/391
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- 2008 c. 4 Sch. 28 Pt. 2 amendment to earlier commencing SI 2005/950
- S.I. 2003/333 art. 2 commences (2002 c. 29)
- S.I. 2003/2268 art. 2 commences (2001 c. 19)
- S.I. 2003/3103 art. 2 commences (2003 c. 41)
- S.I. 2004/81 art. 2-5 commences (2003 c. 44)
- S.I. 2004/829 art. 2-4 commences (2003 c. 44)
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2004/2168 art. 2-5 commences (2003 c. 38)
- S.I. 2004/2171 art. 2 commences (2000 c. 43)
- S.I. 2004/2624 art. 2 commences (2003 c. 32)
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- S.I. 2005/394 art. 2 commences (2004 c. 31)
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- S.I. 2005/1267 art. 2 Sch. commences (2003 c. 44)
- S.I. 2005/1432 art. 2 commences (2005 c. 12)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2006/885 art. 2 commences (2004 c. 31)
- S.I. 2006/2491 art. 2 commences (2006 c. 9)
- S.I. 2006/3200 art. 2 commences (2006 c. 35)
- S.I. 2006/3364 art. 2 commences (2006 c. 48)
- S.I. 2007/391 art. 2 commences (2003 c. 44)
- S.I. 2007/602 art. 2 commences (2004 c. 28)
- S.I. 2007/858 art. 2 3 commences (2006 c. 38)
- S.I. 2007/3001 art. 2 commences (2007 c. 21)
- S.I. 2007/3340 art. 2 commences (2003 c. 44)
- S.I. 2008/1466 art. 2 commences (2008 c. 4)
- S.I. 2008/1586 art. 2 Sch. 1 commences (2008 c. 4)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2008/2712 art. 2 Sch. commences (2008 c. 4)
- S.I. 2008/3009 art. 2 3 commences (2003 c. 32)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/860 art. 2 commences (2008 c. 4)
- S.I. 2009/1058 art. 3 4 commences (2001 c. 12)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/1357 art. 2 commences (S.I. 2009/1182)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/3074 art. 2 3 commences (2008 c. 4)
- S.I. 2009/3111 art. 2 amendment to earlier commencing SI 2005/950
- S.I. 2010/507 art. 2-5 commences (2009 c. 26)
- S.I. 2010/816 art. 2-6 Sch. commences (2009 c. 25)
- S.I. 2010/1858 art. 2 3 commences (2009 c. 25)
- S.S.I. 2004/138 art. 2 commences (2003 c. 42)
- S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
Revocation of order with or without re-sentencingE+W
4(1)Where an attendance centre order is in force in respect of an offender, an appropriate court may, on an application made by the offender or by the officer in charge of the relevant attendance centre, revoke the order.E+W
(2)In sub-paragraph (1) above “an appropriate court” means—
(a)where the court which made the order was the Crown Court and there is included in the order a direction that the power to revoke the order is reserved to that court, the Crown Court;
(b)in any other case, either of the following—
(i)a magistrates’ court acting for the petty sessions area in which the relevant attendance centre is situated;
(ii)the court which made the order.
(3)Any power conferred by this paragraph—
(a)on a magistrates’ court to revoke an attendance centre order made by such a court, or
(b)on the Crown Court to revoke an attendance centre order made by the Crown Court,
includes power to deal with the offender, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made.
(4)A person sentenced by a magistrates’ court under sub-paragraph (3) above for an offence may appeal to the Crown Court against the sentence.
(5)The proper officer of a court which makes an order under this paragraph revoking an attendance centre order shall—
(a)deliver a copy of the revoking order to the offender or send a copy by registered post or the recorded delivery service addressed to the offender’s last or usual place of abode; and
(b)deliver or send a copy to the officer in charge of the relevant attendance centre.
(6)In this paragraph “the relevant attendance centre”, in relation to an attendance centre order, means the attendance centre specified in the order or substituted for the attendance centre so specified by an order made by virtue of paragraph 5(1)(b) below.
(7)In this paragraph “proper officer” means—
(a)in relation to a magistrates’ court, the justices’ chief executive for the court; and
(b)in relation to the Crown Court, the appropriate officer.
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