SCHEDULES
SCHEDULE 5Procedure on breach of community penalty etc
Suspended sentence orders under the 2003 Act
8
1
Schedule 12 to the 2003 Act (breach or amendment of suspended sentence order, and effect of further conviction) is amended as follows.
2
In paragraph 6(2)(issue of summons or warrant by justice of the peace) omit the words “acting for the petty sessions area concerned”.
3
In paragraph 6(3) (court before which offender to appear or be brought), for paragraph (b) substitute—
b
in any other case, before a magistrates' court acting for the petty sessions area in which the offender resides or, if it is not known where he resides, before a magistrates' court acting for the petty sessions area concerned.
4
In paragraph 8 (powers of magistrates' court to deal with breach), after sub-paragraph (4) insert—
4A
Where a magistrates' court dealing with an offender under sub-paragraph (2)(c) would not otherwise have the power to amend the suspended sentence order under paragraph 14 (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.
5
In paragraph 22 (provision of copies of orders), at the end of sub-paragraph (1)(c) insert
, and
d
where the court acts for a petty sessions area other than the one specified in the order prior to the revocation or amendment, provide a copy of the revoking or amending order to a magistrates' court acting for the area so specified.
9
In Schedule 13 to the 2003 Act (transfer of suspended sentence orders to Scotland or Northern Ireland), in paragraph 12 (modifications of Schedule 12), after sub-paragraph (5) insert—
5A
In paragraph 6(3)(b), the words “before a magistrates' court acting for the petty sessions area in which the offender resides or, if it is not known where he resides,” are omitted.