SCHEDULES

F1SCHEDULE 13TRANSFER OF COMMUNITY PAYBACK ORDERS TO ENGLAND AND WALES OR NORTHERN IRELAND

Annotations:

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.