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Domestic Violence, Crime and Victims Act 2004

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Section 29

SCHEDULE 5E+WProcedure on breach of community penalty etc

This schedule has no associated Explanatory Notes

InterpretationE+W

1In this Schedule—E+W

  • the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

  • the 2003 Act” means the Criminal Justice Act 2003 (c. 44).

Detention and training ordersE+W

2(1)Section 104 of the Sentencing Act (breach of supervision requirements of detention and training order) is amended as follows.E+W

(2)In subsection (1) (issue of summons or warrant by justice of the peace)—

(a)omit the words “ [F1acting in a relevant local justice area]”;

(b)in paragraph (a), omit the words “before a youth court [F2acting in the area]”;

(c)in paragraph (b), omit the words “requiring him to be brought before such a court”.

(3)For subsection (2) substitute—

(2)Any summons or warrant issued under this section shall direct the offender to appear or be brought—

(a)before a youth court [F3acting in the local justice] in which the offender resides; or

(b)if it is not known where the offender resides, before a youth court [F4acting in the same local justice area] as the justice who issued the summons or warrant.

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Amendments (Textual)

F1Words in Sch. 5 para. 2(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(a)(i)}

F2Words in Sch. 5 para. 2(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(a)(i)}

F3Words in Sch. 5 para. 2(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(a)(ii)} [Editorial Note: the substituted words should probably read "acting in the local justice area". A correction slip has been requested.]

F4Words in Sch. 5 para. 2(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(a)(ii)}

Suspended sentence supervision ordersE+W

3(1)Section 123 of the Sentencing Act (breach of requirement of suspended sentence supervision order) is amended as follows.E+W

(2)In subsection (1) (issue of summons or warrant by justice of the peace) omit the words “acting for the [F5local justice area] for the time being specified in the order”.

(3)For subsection (2) substitute—

(2)Any summons or warrant issued under this section shall direct the offender to appear or be brought—

(a)before a magistrates' court for the [F6local justice area] in which the offender resides; or

(b)if it is not known where the offender resides, before a magistrates' court [F7acting in the local justice area] for the time being specified in the suspended sentence supervision order.

(4)After subsection (4) insert—

(5)Where a magistrates' court dealing with an offender under this section would not otherwise have the power to amend the suspended sentence supervision order under section 124(3) below (amendment by reason of change of residence), that provision has effect as if the reference to a magistrates' court [F8acting in the local justice area] for the time being specified in the suspended sentence supervision order were a reference to the court dealing with the offender.

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Amendments (Textual)

F5Words in Sch. 5 para. 3(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(b)(i)}

F6Words in Sch. 5 para. 3(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(b)(ii)}

F7Words in Sch. 5 para. 3(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(b)(ii)}

F8Words in Sch. 5 para. 3(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(b)(iii)}

Community orders under the Sentencing ActE+W

4(1)Schedule 3 to the Sentencing Act (breach, revocation and amendment of certain community orders), as it has effect on the day on which this Act is passed, is amended as follows.E+W

(2)In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit the words “ [F9acting in the local justice area] concerned”.

(3)In paragraph 3(2) (court before which offender to appear or be brought), for paragraph (c) substitute—

(c)in the case of a relevant order which is not an order to which paragraph (a) or (b) applies, before a magistrates' court [F9acting in the local justice area] in which the offender resides or, if it is not known where he resides, before a magistrates' court [F9acting in the local justice area] concerned.

(4)In paragraph 4 (powers of magistrates' court to deal with breach), after sub-paragraph (3) insert—

(3A)Where a magistrates' court dealing with an offender under sub-paragraph (1)(a), (b) or (c) above would not otherwise have the power to amend the relevant order under paragraph 18 below (amendment by reason of change of residence), that paragraph has effect as if the reference to a magistrates' court [F9acting in the local justice area] concerned were a reference to the court dealing with the offender.

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Amendments (Textual)

F9Words in Sch. 5 para. 4 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(c)}

Curfew orders and exclusion ordersE+W

5(1)Schedule 3 to the Sentencing Act (breach, revocation and amendment of curfew orders and exclusion orders), as substituted by paragraph 125 of Schedule 32 to the 2003 Act, is amended as follows.E+W

(2)In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit the words “ [F10acting in the local justice area] concerned”.

(3)In paragraph 3(2) (court before which offender to appear or be brought), for paragraph (b) substitute—

(b)in the case of a relevant order which is not an order to which paragraph (a) above applies, before a magistrates' court [F10acting in the local justice area] in which the offender resides or, if it is not known where he resides, before a magistrates' court [F10acting in the local justice area] concerned.

(4)In paragraph 4 (powers of magistrates' court to deal with breach), after sub-paragraph (4) insert—

(4A)Where a magistrates' court dealing with an offender under sub-paragraph (2)(a) or (b) above would not otherwise have the power to amend the relevant order under paragraph 15 below (amendment by reason of change of residence), that paragraph has effect as if the reference to a magistrates' court [F10acting in the local justice area] concerned were a reference to the court dealing with the offender.

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Amendments (Textual)

F10Words in Sch. 5 para. 5 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(c)}

Attendance centre ordersE+W

6(1)Schedule 5 to the Sentencing Act (breach, revocation and amendment of attendance centre orders) is amended as follows.E+W

(2)In paragraph 1(1) (issue of summons or warrant by justice of the peace), omit the words—

(a)“acting for a relevant [F11local justice area]”;

(b)“before a magistrates' court [F12acting in the area]”;

(c)“requiring him to be brought before such a court”.

(3)For paragraph 1(2) substitute—

(2)Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought—

(a)before a magistrates' court [F13acting in the local justice area] in which the offender resides; or

(b)if it is not known where the offender resides, before a magistrates' court [F13acting in the local justice area] in which is situated the attendance centre which the offender is required to attend by the order or by virtue of an order under paragraph 5(1)(b) below.

(4)In paragraph 2 (powers of magistrates' court to deal with breach), after sub-paragraph (5) insert—

(5A)Where a magistrates' court dealing with an offender under sub-paragraph (1)(a) above would not otherwise have the power to amend the order under paragraph 5(1)(b) below (substitution of different attendance centre), that paragraph has effect as if references to an appropriate magistrates' court were references to the court dealing with the offender.

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Amendments (Textual)

F11Words in Sch. 5 para. 6(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(d)(i)}

F12Words in Sch. 5 para. 6(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(d)(i)}

F13Words in Sch. 5 para. 6(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(d)(ii)}

Community orders under the 2003 ActE+W

7(1)Schedule 8 to the 2003 Act (breach, revocation or amendment of community order) is amended as follows.E+W

(2)In paragraph 7(2)(issue of summons or warrant by justice of the peace) omit the words “ [F14acting in the local justice area] concerned”.

(3)In paragraph 7(3) (court before which offender to appear or be brought), for paragraph (b) substitute—

(b)in any other case, before a magistrates' court [F14acting in the local justice area] in which the offender resides or, if it is not known where he resides, before a magistrates' court [F14acting in the local justice area] concerned.

(4)In paragraph 9 (powers of magistrates' court to deal with breach), after sub-paragraph (5) insert—

(5A)Where a magistrates' court dealing with an offender under sub-paragraph (1)(a) would not otherwise have the power to amend the community order under paragraph 16 (amendment by reason of change of residence), that paragraph has effect as if the references to the appropriate court were references to the court dealing with the offender.

(5)In paragraph 27 (provision of copies of orders), at the end of sub-paragraph (1)(c) insert , and

(d)where the court [F15acts in a local justice area] other than the one specified in the order prior to the revocation or amendment, provide a copy of the revoking or amending order to a magistrates' court [F16acting in the area] so specified.

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Amendments (Textual)

F14Words in Sch. 5 para. 7(2)(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(e)}

F15Words in Sch. 5 para. 7(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(f)}

F16Words in Sch. 5 para. 7(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(f)}

Suspended sentence orders under the 2003 ActE+W

8(1)Schedule 12 to the 2003 Act (breach or amendment of suspended sentence order, and effect of further conviction) is amended as follows.E+W

(2)In paragraph 6(2)(issue of summons or warrant by justice of the peace) omit the words “ [F17acting in the local justice area] concerned”.

(3)In paragraph 6(3) (court before which offender to appear or be brought), for paragraph (b) substitute—

(b)in any other case, before a magistrates' court [F17acting in the local justice area] in which the offender resides or, if it is not known where he resides, before a magistrates' court [F17acting in the local justice area] concerned.

(4)In paragraph 8 (powers of magistrates' court to deal with breach), after sub-paragraph (4) insert—

(4A)Where a magistrates' court dealing with an offender under sub-paragraph (2)(c) would not otherwise have the power to amend the suspended sentence order under paragraph 14 (amendment by reason of change of residence), that paragraph has effect as if the references to the appropriate court were references to the court dealing with the offender.

(5)In paragraph 22 (provision of copies of orders), at the end of sub-paragraph (1)(c) insert , and

(d)where the court [F18acts in a local justice area] other than the one specified in the order prior to the revocation or amendment, provide a copy of the revoking or amending order to a magistrates' court [F19acting in the area] so specified.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F17Words in Sch. 5 para. 8(2)(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(e)}

F18Words in Sch. 5 para. 8(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(f)}

F19Words in Sch. 5 para. 8(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(f)}

9In Schedule 13 to the 2003 Act (transfer of suspended sentence orders to Scotland or Northern Ireland), in paragraph 12 (modifications of Schedule 12), after sub-paragraph (5) insert—E+W

(5A)In paragraph 6(3)(b), the words “before a magistrates' court [F20acting in the local justice area] in which the offender resides or, if it is not known where he resides,” are omitted.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F20Words in Sch. 5 para. 9 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(e)}

Local justice areasE+W

10The power conferred by section 109(5)(b) of the Courts Act 2003 (c. 39) to amend or repeal any enactment, other than one contained in an Act passed in a later session, includes power to amend any such enactment as amended by this Schedule, but only for the purpose of making consequential provision in connection with the establishment of local justice areas under section 8 of that Act.E+W

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