Criminal Justice Act 2003 (c. 44)

SCHEDULES

Valid from 04/04/2005

SCHEDULE 8 E+W Breach, revocation or amendment of community order

Modifications etc. (not altering text)

C1 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(subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))) (as amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) (which S.I. was revoked by S.I. 2009/3111, art. 2)) (as amended (3.4.2009) by S.I. 2009/616, arts. 1, 2) (as amended (30.11.2009) by S.I. 2009/3111, arts. 1, 2))

Part 1 E+W Preliminary

Interpretation E+W

Prospective

1 In this Schedule—

• “the offender”, in relation to a community order, means the person in respect of whom the order is made;

• “the [F1 local justice area] concerned”, area in relation to a community order, means the [F1 local justice area] for the time being specified in the order;

• “the responsible officer” has the meaning given by section 197.

Textual Amendments

F1 Words in Sch. 8 para. 1 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 106(a)

1 In this Schedule—

• “the offender”, in relation to a community order, means the person in respect of whom the order is made;

• “the petty sessions area concerned”, in relation to a community order, means the petty sessions area for the time being specified in the order;

• “the responsible officer” has the meaning given by section 197.

2 E+W In this Schedule—

(a) references to a drug rehabilitation requirement of a community order being subject to review are references to that requirement being subject to review in accordance with section 210(1)(b);

(b) references to the court responsible for a community order imposing a drug rehabilitation requirement which is subject to review are to be construed in accordance with section 210(2).

Commencement Information

I1 Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

3 E+W For the purposes of this Schedule—

(a) a requirement falling within any paragraph of section 177(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 177(1) to which it relates.

Commencement Information

I2 Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

Orders made on appeal E+W

4 E+W Where a community order has been made on appeal, it is to be taken for the purposes of this Schedule to have been made by the Crown Court.

Commencement Information

I3 Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)