PART XI Sentencing

F13Restriction of liberty orders

Annotations:
Amendments (Textual)
F13

Ss. 245A-245I and preceding cross-heading inserted (20.10.1997 for specified purposes and 1.7.1998 otherwise) by 1997 c. 48, s. 5; S.I. 1997/2323, arts. 3, 5(1), Sch. 1

245FF1 Breach of restriction of liberty order.

1

If at any time when a restriction of liberty order is in force it appears

F14a

F2except in a case to which paragraph (b) below applies, to the court which made the orderF3 or

F4b

where a copy of the order was, under section 245A(5)(a)(ii) or 245E(7)(a) of this Act, sent to the clerk of a different court, to that different court (or, if there has been more than one such sending, the different court to which such a copy has most recently been so sent),

that the offender has failed to comply with any of the requirements of the order the court F5in question may issue a citation requiring the offender to appear before F6it at such time as may be specified in the citation or, if it appears to F7that court to be appropriate, it may issue a warrant for the arrest of the offender.

F81A

The unified citation provisions apply in relation to a citation under this section as they apply in relation to a citation under section 216(3)(a) of this Act.

2

If it is proved to the satisfaction of F9that court that the offender has failed without reasonable excuse to comply with any of the requirements of the order F10it may by order—

a

without prejudice to the continuance in force of the order, impose a fine not exceeding level 3 on the standard scale;

b

vary the restriction of liberty order; or

c

revoke that order.

F112A

For the purposes of subsection (2) above, evidence of one witness shall be sufficient evidence.

3

A fine imposed under this section in respect of a failure to comply with the requirements of a restriction of liberty order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by or in respect of a conviction or a penalty imposed on a person summarily convicted.

4

Where F12a court varies a restriction of liberty order under subsection (2) above it may do so in any of the ways mentioned in paragraph (a) of section 245E(2) of this Act.