Criminal Justice Act 2003

14 (1) The court before which an offender appears or is brought by virtue of paragraph 13 must— U.K.

(a) determine whether the offender has failed without reasonable excuse to comply with any of the community requirements of the suspended sentence order, or

(b) require the offender to appear before the original court.

(2) If the home court determines that the offender has failed without reasonable excuse to comply with any of the community requirements of the order—

(a) the home court must require the offender to appear before the original court, and

(b) when the offender appears before the original court, paragraph 8 of Schedule 12 applies as if it had already been proved to the satisfaction of the original court that the offender failed without reasonable excuse to comply with such of the community requirements of the order as may have been determined.

(3) An offender who is required by any of the following community requirements of a suspended sentence order—

(a) a mental health treatment requirement,

(b) a drug rehabilitation requirement, or

(c) an alcohol treatment requirement,

to submit to treatment for his mental condition, or his dependency on or propensity to misuse drugs or alcohol, is not to be treated for the purposes of sub-paragraph (2) as having failed to comply with that requirement on the ground only that he had refused to undergo any surgical, electrical or other treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.

(4) The evidence of one witness shall, for the purposes of sub-paragraph (2), be sufficient.

(5) Where the home court is in Scotland and the order contains an electronic monitoring requirement, section 245H of the Criminal Procedure (Scotland) Act 1995 (c. 46) (documentary evidence) applies to proceedings under this paragraph as it applies to proceedings under section 245F of that Act (breach of restriction of liberty order).

(6) Where an offender is required by virtue of sub-paragraph (2) to appear before the original court—

(a) the home court must send to the original court a certificate certifying that the offender has failed without reasonable excuse to comply with the requirements of the order in the respect specified, and

(b) such a certificate signed by the clerk of the home court is admissible before the original court as conclusive evidence of the matters specified in it.

Commencement Information

I1 Sch. 13 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 35 (subject to art. 2(2), Sch. 2)