Textual Amendments
F1Heading to Sch. 3 substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(27); S.I. 2001/919, art. 2(f)(iv)
3(1)If at any time while a relevant order is in force in respect of an offender it appears on information to a justice of the peace acting for the petty sessions area concerned that the offender has failed to comply with any of the requirements of the order, the justice may—E+W
(a)issue a summons requiring the offender to appear at the place and time specified in it; or
(b)if the information is in writing and on oath, issue a warrant for his arrest.
(2)Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought—
(a)in the case of a drug treatment and testing order [F2or a drug abstinence order], before the court responsible for the order;
(b)in the case of any other relevant order which was made by the Crown Court and included a direction that any failure to comply with any of the requirements of the order be dealt with by the Crown Court, before the Crown Court; and
(c)in the case of a relevant order which is neither a drug treatment and testing order [F3a drug abstinence order] nor an order to which paragraph (b) above applies, before a magistrates’ court acting for the petty sessions area concerned.
[F4(3)Where a summons issued under sub-paragraph (1)(a) above requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a further summons requiring the offender to appear at the place and time specified in it.
(4)Where a summons issued under sub-paragraph (1)(a) above or a further summons issued under sub-paragraph (3) above requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a warrant for the arrest of the offender.]
Textual Amendments
F2Words in Sch. 3 para. 3(2)(a) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(6)(a); S.I. 2001/2232, art. 2(m)(viii)
F3Words in Sch. 3 para. 3(2)(c) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, ss. 74, 80(1), Sch. 7 Pt. II para. 199(6)(b)
F4Sch. 3 para. 3(3)(4) inserted (1.4.2001) by 2000 c. 43, s. 54; S.I. 2001/919, art. 2(d)