SCHEDULES
C1SCHEDULE 10Revocation or amendment of custody plus orders and amendment of intermittent custody orders
Amendment by reason of change of residence
I14
1
This paragraph applies where, at any time during the term of imprisonment to which a custody plus order or intermittent custody order relates, the appropriate court is satisfied that the offender proposes to change, or has changed, his residence during the licence period from the petty sessions area concerned to another petty sessions area.
2
Subject to sub-paragraphs (3) and (4), the appropriate court may, and on the application of the Secretary of State or the responsible officer must, amend the custody plus order or intermittent custody order by substituting the other petty sessions area for the area specified in the order.
3
The court may not amend under this paragraph a custody plus order or intermittent custody order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender resides in the petty sessions area concerned unless, in accordance with paragraph 5, it either—
a
cancels those requirements, or
b
substitutes for those requirements other requirements which can be complied with if the offender does not reside in that area.
4
The court may not amend under this paragraph any custody plus order or intermittent custody order imposing a programme requirement unless it appears to the court that the accredited programme specified in the requirement is available in the other petty sessions area.
Sch. 10 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 199(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4