SCHEDULES
SCHEDULE 7 Breach, revocation and amendment of supervision orders
Curfew orders imposed for breach of supervision order
3
1
Section 37(1) of this Act (curfew orders) shall apply for the purposes of paragraph 2(2)(a)(ii) above as if for the words from the beginning to “make” there were substituted “
Where a court considers it appropriate to make an order in respect of any person in pursuance of paragraph 2(2)(a)(ii) of Schedule 7 to this Act, it may make
”
.
2
The following provisions of this Act, namely—
a
section 37(3) to (12), and
b
so far as applicable, F1sections 36B and 40 and Schedule 3 so far as relating to curfew orders,
have effect in relation to a curfew order made by virtue of paragraph 2(2)(a)(ii) above as they have effect in relation to any other curfew order, subject to sub-paragraphs (4) and (5) below.
3
Sections 35 and 36 of this Act (restrictions and procedural requirements for community sentences) do not apply in relation to a curfew order made by virtue of paragraph 2(2)(a)(ii) above.
4
Subsections (4) and (9) of section 37 of this Act shall each have effect in relation to such a curfew order as if for the words “on conviction” there were substituted “
on the date when his failure to comply with the supervision order is proved to the court
”
.
5
Schedule 3 to this Act (breach, revocation and amendment of orders) shall have effect in relation to such a curfew order as if—
a
the power conferred on the court by each of paragraphs 4(1)(d) and 10(3)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with the supervision order, in any way in which a relevant court could deal with him for that failure if it had just been proved to the satisfaction of that court;
b
the reference in paragraph 10(1)(b) to the offence in respect of which the order was made were a reference to the failure to comply in respect of which the curfew order was made; and
c
the power conferred on the Crown Court by paragraph 11(2)(b) to deal with the offender for the offence in respect of which the order was made were a power to deal with the offender, for his failure to comply with the supervision order, in any way in which a relevant court (if the supervision order was made by a magistrates’ court) or the Crown Court (if the supervision order was made by the Crown Court) could deal with him for that failure if it had just been proved to its satisfaction.
6
For the purposes of the provisions mentioned in paragraphs (a) and (c) of sub-paragraph (5) above, as applied by that sub-paragraph, if the supervision order is no longer in force the relevant court’s powers shall be determined on the assumption that it is still in force.