Schedule 10: Revocation or amendment of custody plus orders and amendment of intermittent custody orders
776.This Schedule makes provision for revoking custody plus orders, and amending custody plus and intermittent custody orders. In both cases the prison sentence itself will not be revoked or amended. Paragraph 3 provides for the court to revoke custody plus orders and remove requirements as to licence conditions from intermittent custody orders on application of the offender or responsible officer and where it deems it to be in the interests of justice to do so. Paragraph 4 provides for the court to amend the order to refer to another petty sessions area if the offender proposes to change, or has changed, his residence, or if the responsible officers or Secretary of States requires him to. If a requirement is not available in the new area the court may cancel that requirement or substitute it for another which can be complied with in the new area. Specifically, a programme requirement cannot be imposed on amendment unless it is available in the new area.
777.Under paragraph 5, the court may, on application of the offender, the responsible officer or the Secretary of State, amend a custody plus or intermittent custody order by cancelling a requirement or replacing it with another of the same kind (that is, if it is in the same paragraph of section 177(1)). New requirements are subject to the same restrictions as they would have been if the order was being made. Paragraph 6 provides that the court may, on application of the offender, the responsible officer or the Secretary of State, amend the licence periods of an intermittent custody order, if suitable prison accommodation is available. The court may also amend the order such that the intermittence of the licence periods is removed. This provision could be used if the offender, for example, loses his job, which had provided the reason for intermittence. He might want to serve his sentence in the normal manner in order to get the custodial days over with as soon as possible. Another example might be if the offender turned out to be unsuitable for intermittent custody. The responsible officer could apply to have the intermittence removed from the sentence, so that the custodial periods are served consecutively, followed by a single licence period.
778.Paragraphs 7 to 9 contain supplementary provisions. No application under this Schedule can be made if an appeal against the order is pending. Where a court is amending an order, and the application is not by the offender, the court must summon the offender to appear before the court and may issue a warrant if he does not appear. This does not apply if the court is cancelling a requirement. Paragraph 9 sets out arrangements for sending copies of the order to relevant parties.
