SCHEDULES

SCHEDULE 8Breach, revocation or amendment of community order

Part 2Breach of requirement of order

5Duty to give warning

1

If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with any of the requirements of a community order, the officer must give him a warning under this paragraph unless—

a

the offender has within the previous twelve months been given a warning under this paragraph in relation to a failure to comply with any of the requirements of the order, or

b

the officer causes an information to be laid before a justice of the peace in respect of the failure.

2

A warning under this paragraph must—

a

describe the circumstances of the failure,

b

state that the failure is unacceptable, and

c

inform the offender that, if within the next twelve months he again fails to comply with any requirement of the order, he will be liable to be brought before a court.

3

The responsible officer must, as soon as practicable after the warning has been given, record that fact.

4

In relation to any 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 reference in sub-paragraph (1)(b) to a justice of the peace is to be read as a reference to the Crown Court.