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SCHEDULES

SCHEDULE 10E+WRevocation or amendment of custody plus orders and amendment of intermittent custody orders

Modifications etc. (not altering text)

C1Sch. 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

Amendment of requirements of custody plus order or intermittent custody orderE+W

5(1)At any time during the term of imprisonment to which a custody plus order or intermittent custody order relates, the appropriate court may, on the application of the offender, the Secretary of State or the responsible officer, by order amend any requirement of the custody plus order or intermittent custody order—E+W

(a)by cancelling the requirement, or

(b)by replacing it with a requirement of the same kind imposing different obligations, which the court could include if it were then making the order.

(2)For the purposes of sub-paragraph (1)—

(a)a requirement falling within any paragraph of section 182(1) is of the same kind as any other requirement falling within that paragraph, and

(b)an electronic monitoring requirement is a requirement of the same kind as any requirement falling within section 182(1) to which it relates.

(3)Sub-paragraph (1)(b) has effect subject to the provisions mentioned in subsection (2) of section 182, and to subsections (3) and (5) of that section.

Commencement Information

I1Sch. 10 partly in force; Sch. 10 not in force at Royal Assent, see s. 336(3); Sch. 10 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.