SCHEDULES
F1SCHEDULE 1
Part I Referral back to appropriate court
Power of court where it upholds panel’s decision
5
1
If it is proved to the satisfaction of the appropriate court as regards any decision of the panel which resulted in the offender being referred back to the court—
a
that, so far as the decision relied on any finding of fact by the panel, the panel was entitled to make that finding in the circumstances, and
b
that, so far as the decision involved any exercise of discretion by the panel, the panel reasonably exercised that discretion in the circumstances,
the court may exercise the power conferred by sub-paragraph (2).
2
That power is a power to revoke the referral order (or each of the referral orders).
3
The revocation under sub-paragraph (2) of a referral order has the effect of revoking any related order under paragraph 11 or 12.
4
Where any order is revoked under sub-paragraph (2) or by virtue of sub-paragraph (3), the appropriate court may deal with the offender in accordance with sub-paragraph (5) for the offence in respect of which the revoked order was made.
5
In so dealing with the offender for such an offence, the appropriate court—
a
may deal with him in any manner in which (assuming section 1 had not applied) he could have been dealt with for that offence by the court which made the order; and
b
shall have regard to—
i
the circumstances of his referral back to the court; and
ii
where a contract has taken effect under section 8 between the offender and the panel, the extent of his compliance with the terms of the contract.
6
The appropriate court may not exercise the powers conferred by sub-paragraph (2) or (4) unless the offender is present before it; but those powers are exercisable even if, in a case where a contract has taken effect under section 8, the period for which the contract has effect has expired (whether before or after the referral of the offender back to the court).
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Sch. 1 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)