PART 2Criminal behaviour orders

Variation and discharge

27Variation or discharge of orders

1

A criminal behaviour order may be varied or discharged by the court which made it on the application of—

a

the offender, or

b

the prosecution.

2

If an application by the offender under this section is dismissed, the offender may make no further application under this section without—

a

the consent of the court which made the order, or

b

the agreement of the prosecution.

3

If an application by the prosecution under this section is dismissed, the prosecution may make no further application under this section without—

a

the consent of the court which made the order, or

b

the agreement of the offender.

4

The power to vary an order includes power to include an additional prohibition or requirement in the order or to extend the period for which a prohibition or requirement has effect.

5

Section 24 applies to additional requirements included under subsection (4) as it applies to requirements included in a new order.

6

In the case of a criminal behaviour order made by a magistrates’ court, the references in this section to the court which made the order include a reference to any magistrates’ court acting in the same local justice area as that court.