SCHEDULE 3Breach, revocation and amendment of certain community orders
Part IV Amendment of order
F1Amendment of requirements of community rehabilitation, community punishment and rehabilitation, curfew or exclusion order.
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(1)
Without prejudice to the provisions of paragraph 18 above but subject to F2the following provisions of this paragraph , a magistrates’ court F3acting in the local justice area concerned may, on the application of F4an eligible person, , by order amend a F5community rehabilitation, curfew or exclusion order or the F6community rehabilitation element of a F7community punishment and rehabilitation order—
(a)
(b)
by inserting in the F5community rehabilitation, curfew or exclusion order or probation element of the combination order (either in addition to or in substitution for any of its requirements) any requirement which the court could include if it were then making the order.
(2)
A magistrates’ court shall not under sub-paragraph (1) above amend a F8community rehabilitation order or the F6community rehabilitation element of a F7community punishment and rehabilitation order—
(a)
by reducing the F9community rehabilitation period, or by extending that period beyond the end of three years from the date of the original order; or
F10(aa)
by extending any curfew periods specified in a requirement under the order beyond the end of six months from the date of the original order;
(ab)
by extending the period during which the offender is prohibited from entering a place specified in a requirement under the order beyond the end of two years from the date of the original order;
(b)
by inserting in it a requirement that the offender shall submit to treatment for his mental condition, or his dependency on or propensity to misuse drugs or alcohol, unless—
(i)
the offender has expressed his willingness to comply with such a requirement; and
(ii)
the amending order is made within three months after the date of the original order.
(3)
A magistrates’ court shall not under sub-paragraph (1) above amend a curfew order by extending the curfew periods beyond the end of six months F11(or, for an offender aged under 16 on conviction, three months) from the date of the original order.
F12(4)
A magistrates’ court shall not under sub-paragraph (1) above amend an exclusion order by extending the period for which the offender is prohibited from entering the place in question beyond the end of two years (or, for an offender aged under 16 on conviction, three months) from the date of the original order.
(5)
For the purposes of this paragraph the eligible persons are—
(a)
the offender;
(b)
the responsible officer; and
(c)
in relation to an exclusion order, a community rehabilitation order or a community punishment and rehabilitation order, any affected person.
But an application under sub-paragraph (1) above by a person such as is mentioned in paragraph (c) above must be for the cancellation of a requirement which was included in the order by virtue of his consent or for the purpose (or partly for the purpose) of protecting him from being approached by the offender, or for the insertion of a requirement which will, if inserted, be such a requirement.
(6)
Without prejudice to the provisions of paragraph 18 above, a magistrates’ court F13acting in the local justice area concerned may, on the application of the offender or the responsible officer, by order amend a drug abstinence order by extending the period for which the order has effect (but not beyond the end of three years from the date of the original order).