SCHEDULES
C2SCHEDULE 8Breach, revocation or amendment of community order
C1Part 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
16
1
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.
16
1
This paragraph applies where, at any time while a community order is in force in respect of an offender, the appropriate court is satisfied that the offender proposes to change, or has changed, his residence from the petty sessions area concerned to another petty sessions area.
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 petty sessions 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 petty sessions 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 petty sessions 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 acting for the petty sessions area concerned.
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))