SCHEDULES
F1SCHEDULE 13TRANSFER OF COMMUNITY PAYBACK ORDERS TO ENGLAND AND WALES OR NORTHERN IRELAND
PART 1ENGLAND AND WALES
4
1
The court may not, in a community payback order imposed by virtue of paragraph 1, impose a compensation requirement.
2
Where the court would, but for sub-paragraph (1), have imposed a compensation requirement, the court must instead make a compensation order under section 249(1) of this Act.
3
Sub-paragraph (4) applies where—
a
the court varies a community payback order by virtue of paragraph 2, and
b
the order imposes a compensation requirement.
4
The court must—
a
also vary the order so as to revoke the compensation requirement, and
b
make a compensation order under section 249(1) of this Act in respect of the amount remaining to be paid under the compensation requirement.
5
Sub-paragraphs (2) and (4)(b) are subject to sub-paragraph (8).
6
Paragraph (ab) of section 249(2) of this Act does not apply to the making of a compensation order by virtue of this paragraph.
7
Before making a compensation order by virtue of this paragraph, the court must explain to the offender in ordinary language—
a
the purpose and effect of the compensation order, and
b
the consequences which may follow if the offender fails to comply with the order in England and Wales.
8
The court must not make the compensation order unless the offender has, after the court has explained those matters, confirmed that the offender—
a
understands those matters, and
b
is willing to comply with the order.
Sch. 13 inserted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 6 (with art. 4(4))