Criminal Justice Act 2003 (c. 44)
6(1)Schedule 8 (breach, revocation or amendment of community order) is amended as follows.
(2)After paragraph 1 insert—
“1A(1)In this Schedule “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.
(2)An enforcement officer must be an officer of a provider of probation services that is a public sector provider.
(3)In sub-paragraph (2) “public sector provider” means—
(a)a probation trust or other public body, or
(b)the Secretary of State.”
(3)In paragraph 5(1), for paragraph (b) substitute—
“(b)the officer refers the matter to an enforcement officer (see paragraph 6A).”
(4)In paragraph 6(1), for the words from “must cause an information” to the end substitute “must refer the matter to an enforcement officer (see paragraph 6A).”
(5)After paragraph 6 insert—
“Role of enforcement officer
6A(1)Where a matter is referred to an enforcement officer under paragraph 5(1)(b) or 6(1), it is the duty of the enforcement officer to consider the case and, where appropriate, to cause an information to be laid before a justice of the peace in respect of the offender’s failure to comply with the requirement.
(2)In relation to any community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”
(6)In each of paragraphs 13(1), 14(1)(b), 17(1), 19, 19A(1), 20(1)(b) and 24(2)(b) for “the responsible officer” substitute “an officer of a provider of probation services”.
(7)In paragraph 18(1) for “apply” substitute “cause an application to be made”.