7.—(1) This paragraph applies where a relevant order [F1made by a magistrates' court] is in force in respect of any offender and, on the application of the offender or the responsible officer, it appears to a court of summary jurisdiction acting for the petty sessions district concerned that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—N.I.
(a)that the order should be revoked; or
(b)that the offender should be dealt with in some other manner for the offence in respect of which the order was made.
[F2(2) The court may—
(a)revoke the order; or
(b)revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.]
(3) The circumstances in which a probation order may be revoked under [F3sub-paragraph (2)(a)] shall include the offender's making good progress or his responding satisfactorily to supervision.
(4) In dealing with an offender under [F4sub-paragraph (2)(b)], a court of summary jurisdiction shall take into account the extent to which the offender has complied with the requirements of the relevant order.
(5) F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where a court of summary jurisdiction proposes to exercise its powers under this paragraph otherwise than on the application of the offender it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.
(7) No application may be made by the offender under sub-paragraph (1) while an appeal against the relevant order is pending.
F1Words in Sch. 2 para. 7(1) inserted (6.10.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 47(6) ; S.R. 2008/383, art. 2, Sch. (subject to transitional provisions in art. 3)
F2Sch. 2 para. 7(2) substituted (6.10.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 47(7); S.R. 2008/383, art. 2, Sch. (subject to transitional provisions in art. 3)
F3Words in Sch. 2 para. 7(3) substituted (6.10.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 47(8); S.R. 2008/383, art. 2, Sch. (subject to transitional provisions in art. 3)
F4Words in Sch. 2 para. 7(4) substituted (6.10.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 47(9); S.R. 2008/383, art. 2, Sch. (subject to transitional provisions in art. 3)
F5Sch. 2 para. 7(5) repealed (6.10.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 47(10), 102(2), Sch. 6 Pt. 1; S.R. 2008/383, art. 2, Sch. (subject to transitional provisions in art. 3)
8.—[F6(1) This paragraph applies where —N.I.
(a)a relevant order made by the Crown Court is in force in respect of an offender and the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other way for the offences in respect of which the order was made; or
(b)an offender in respect of whom a relevant order is in force is convicted of an offence before the Crown Court.]
(2) If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may—
(a)revoke the order; or
(b)revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by or before the court of the offence.
(3) The circumstances in which a probation order may be revoked under sub-paragraph (2)(a) shall include the offender's making good progress or his responding satisfactorily to supervision.
(4) In dealing with an offender under sub-paragraph (2)(b), the Crown Court shall take into account the extent to which the offender has complied with the requirements of the relevant order.
[F7(5) Where this paragraph applies by virtue of sub-paragraph (1)(a) and the Crown Court proposes to exercise its powers under this paragraph otherwise than on the application of the offender, it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.
(6) No application may be made by the offender under sub-paragraph (1)(a) while an appeal against the relevant order is pending.]
F6Sch. 2 para. 8(1) substituted (6.10.2008) for Sch. 2 para. 8(1)(1A) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 47(11); S.R. 2008/383, art. 2, Sch. (subject to transitional provisions in art. 3)
F7Sch. 2 para. 8(5)(6) added (6.10.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 47(12); S.R. 2008/383, art. 2, Sch. (subject to transitional provisions in art. 3)