SCHEDULES

SCHEDULE 31Default orders: modification of provisions relating to community orders

Enforcement, revocation and amendment of default order

4

1

In its application to a default order,F2Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order)is modified as follows.

2

Any reference to the offence in respect of which the community order was made is to be taken to be a reference to the default in respect of which the default order was made.

3

Any power of the court to revoke the community orderF3and re-sentence the offenderfor the offence is to be taken to be a power to revoke the default order and deal with him in any way in which the court which made the default order could deal with him for his default in paying the sum in question.

4

InF4paragraph 5the reference to the Crown Court is to be taken as a reference to a magistrates' court.

F14A

ForF5paragraphs 16 and 17there is substituted—

16

1

This paragraph applies where, at any time while a default order is in force in respect of a person, the appropriate court is satisfied that the person proposes to change, or has changed, residence from the local justice area concerned to another local justice area (“the new local justice area”).

2

The appropriate court may amend the default order to specify the new local justice area.

3

In this paragraph “the appropriate court” means a magistrates’ court acting in the local justice area specified in the order.

F65

The following provisions are omitted—

a

paragraph 10(5)(d) (in relation to any time after the coming into force of paragraph 21(2) of Schedule 22 to the Sentencing Act 2020);

b

paragraph 10(11);

c

paragraph 14(8);

d

paragraph 16(3) (in relation to any time after the coming into force of paragraph 23 of Schedule 22 to that Act);

e

paragraph 23(6);

f

paragraph 25(2)(b).