Powers of magistrates' courtE+W
9(1)If it is proved to the satisfaction of a magistrates' court before which an offender appears or is brought under paragraph 7 that he has failed without reasonable excuse to comply with any of the requirements of the community order, the court must deal with him in respect of the failure in any one of the following ways—E+W
(a)by amending the terms of the community order so as to impose more onerous requirements which the court could include if it were then making the order;
[F1(aa)by ordering the offender to pay a fine of an amount not exceeding £2,500;]
(b)where the community order was made by a magistrates' court, by dealing with him, for the offence in respect of which the order was made, in any way in which the court could deal with him if he had just been convicted by it of the offence;
(c)where—
(i)the community order was made by a magistrates' court,
(ii)the offence in respect of which the order was made was not an offence punishable by imprisonment,
(iii)the offender is aged 18 or over, and
(iv)the offender has wilfully and persistently failed to comply with the requirements of the order,
by dealing with him, in respect of that offence, by imposing a sentence of imprisonment for a term not exceeding 51 weeks.
(2)In dealing with an offender under sub-paragraph (1), a magistrates' court must take into account the extent to which the offender has complied with the requirements of the community order.
(3)In dealing with an offender under sub-paragraph (1)(a), the court may extend the duration of particular requirements (subject to any limit imposed by Chapter 4 of Part 12 of this Act) [F2but may only amend the order to substitute a later date for that specified under section 177(5) in accordance with sub-paragraphs (3ZA) and (3ZB)].
[F3(3ZA)A date substituted under sub-paragraph (3)—
(a)may not fall outside the period of six months beginning with the date previously specified under section 177(5);
(b)subject to that, may fall more than three years after the date of the order.
(3ZB)The power under sub-paragraph (3) to substitute a date may not be exercised in relation to an order if that power or the power in paragraph 10(3) to substitute a date has previously been exercised in relation to that order.
(3ZC)A date substituted under sub-paragraph (3) is to be treated as having been specified in relation to the order under section 177(5).]
[F4(3A)Where—
(a)the court is dealing with the offender under sub-paragraph (1)(a), and
(b)the community order does not contain an unpaid work requirement,
section 199(2)(a) applies in relation to the inclusion of such a requirement as if for “40” there were substituted 20.]
[F5(3B)A fine imposed under sub-paragraph (1)(aa) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.]
(4)In dealing with an offender under sub-paragraph (1)(b), the court may, in the case of an offender who has wilfully and persistently failed to comply with the requirements of the community order, impose a custodial sentence (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 152(2).
(5)Where a magistrates' court deals with an offender under sub-paragraph (1)(b) or (c), it must revoke the community order if it is still in force.
[F6(5A)Where a magistrates' court dealing with an offender under sub-paragraph (1)(a) would not otherwise have the power to amend the community order under paragraph 16 (amendment by reason of change of residence), that paragraph has effect as if the references to the appropriate court were references to the court dealing with the offender.]
(6)Where a community order was made by the Crown Court and a magistrates' court would (apart from this sub-paragraph) [F7[F8be required] to deal with the offender under sub-paragraph (1)(a), (aa), (b) or (c),] it may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court.
(7)A magistrates' court which deals with an offender’s case under sub-paragraph (6) must send to the Crown Court—
(a)a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the community order in the respect specified in the certificate, and
(b)such other particulars of the case as may be desirable;
and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.
(8)A person sentenced under sub-paragraph (1)(b) or (c) for an offence may appeal to the Crown Court against the sentence.
Textual Amendments
F1Sch. 8 para. 9(1)(aa) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 67(2)(b), 151(1); S.I. 2012/2906, art. 2(a) (with art. 4)
F2Words in Sch. 8 para. 9(3) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 66(3)(a), 151(1); S.I. 2012/2906, art. 2(a)
F3Sch. 8 para. 9(3ZA)-(3ZC) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 66(3)(b), 151(1); S.I. 2012/2906, art. 2(a)
F4Sch. 8 para. 9(3A) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 38(2), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 19
F5Sch. 8 para. 9(3B) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 67(3), 151(1); S.I. 2012/2906, art. 2(a) (with art. 4)
F6Sch. 8 para. 9(5A) inserted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 29, 60, Sch. 5 para. 7(4); S.I. 2005/579, art. 3(d)
F7Words in Sch. 8 para. 9(6) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 67(4), 151(1); S.I. 2012/2906, art. 2(a) (with art. 4)
F8Words in Sch. 8 para. 9(6) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 22(2); S.I. 2013/2981, art. 2(d)
Commencement Information
I1Sch. 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)