SCHEDULES
C1C3F3 SCHEDULE 8Breach, revocation or amendment of community order
Sch. 8 modified (4.4.2010) by Criminal Procedure (Scotland) Act 1995 (c. 46), s. 234(6) (as substituted by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 70(8); S.I. 2005/950, art. 2, Sch. 1 para. 42(29) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))) (as amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) (which S.I. was revoked by S.I. 2009/3111, art. 2)) (as amended (3.4.2009) by S.I. 2009/616, arts. 1, 2) (as amended (30.11.2009) by S.I. 2009/3111, arts. 1, 2))
Sch. 8 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 184, 383, Sch. 5 paras. 1, 10, 11; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4; (as amended (1.6.2014 for bringing paras 5, 6 into force only) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 paras. 5(2), 6(2), 10, 11 (with s. 23(4)); S.I. 2014/1287, art. 2(e))
C2Part 4Amendment of order
Sch. 8 Pt. 4 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 184, 383, Sch. 5 paras. 5, 16; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Amendment by reason of change of residence
I116
F41
2
Subject to sub-paragraphs (3) and (4), the appropriate court may, and on the application of the responsible officer must, amend the community order by substituting the other F1local justice area for the area specified in the order.
3
The court may not under this paragraph amend a community order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the F1local justice area concerned unless, in accordance with paragraph 17, it either—
a
cancels those requirements, or
b
substitutes for those requirements other requirements which can be complied with if the offender ceases to reside in that area.
4
The court may not amend under this paragraph a community order imposing a programme requirement unless it appears to the court that the accredited programme specified in the requirement is available in the other F1local justice area .
5
In this paragraph “the appropriate court” means—
a
in relation to any community order imposing a drug rehabilitation requirement which is subject to review, the court responsible for the order,
b
in relation to any community order which was made by the Crown Court and does not include any direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates' court, the Crown Court, and
c
in relation to any other community order, a magistrates' court F2acting in the local justice area concerned.
F41
This paragraph applies where at any time while a community order is in force in respect of an offender—
a
the offender is given permission under section 220A to change residence, and
b
the local justice area in which the new residence is situated (“the new local justice area”) is different from the local justice area specified in the order.
2
If the permission is given by a court, the court must amend the order to specify the new local justice area.
3
If the permission is given by the responsible officer—
a
the officer must apply to the appropriate court to amend the order to specify the new local justice area, and
b
the court must make that amendment.
4
In this paragraph “the appropriate court” means—
a
in relation to a community order imposing a drug rehabilitation requirement which is subject to review, the court responsible for the order,
b
in relation to a community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates' court, the Crown Court, and
c
in relation to any other community order, a magistrates' court acting in the local justice area specified in the order.
Sch. 8 amendment to earlier affecting provision 2006 c. 52, Sch. 5 paras. 1, 10 (1.6.2014 brings paras 5, 6 into force only, 1.2.2015 in so far as not already in force) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 paras. 5(2), 6(2), 10, 11 (with s. 23(4)); S.I. 2014/1287, art. 2(e); S.I. 2015/40, art. 2(w)