Modifications etc. (not altering text)
C1Sch. 12 Pt. 2 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 206, 383, Sch. 7; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4; (as amended (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 para. 7 (with s. 23(4)); S.I. 2014/1287, art. 2(e))
4(1)If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with any of the community requirements of a suspended sentence order, the officer must give him a warning under this paragraph unless—U.K.
(a)the offender has within the previous twelve months been given a warning under this paragraph in relation to a failure to comply with any of the community requirements of the order, or
[F1(b)the officer refers the matter to an enforcement officer (see paragraph 5A).]
(2)A warning under this paragraph must—
(a)describe the circumstances of the failure,
(b)state that the failure is unacceptable, and
(c)inform the offender that if within the next twelve months he again fails to comply with any requirement of the order, he will be liable to be brought before a court.
(3)The responsible officer must, as soon as practicable after the warning has been given, record that fact.
(4)In relation to any suspended sentence order which is made by the Crown Court and does not include a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court, the reference in sub-paragraph (1)(b) to a justice of the peace is to be read as a reference to the Crown Court.
Textual Amendments
F1Sch. 12 para. 4(1)(b) substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 7(3); S.I. 2014/1287, art. 2(d)
Commencement Information
I1Sch. 12 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 34 (subject to art. 2(2), Sch. 2)