SCHEDULES

SCHEDULE 5Breach, revocation and amendment of community punishments

Part 2Overseas community orders

Breach of requirement of order

I114

Paragraph 10 of that Schedule (powers of Crown Court on breach of community order) has effect in relation to an overseas community order as if—

a

the cross-heading before it were “Powers of court that made the order”;

b

any reference to the Crown Court in sub-paragraphs (1) to (3) and (5) were to the court that made the overseas community order; and

c

for sub-paragraph (4) there were substituted—

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 order, impose a custodial sentence within the meaning of the Armed Forces Act 2006 (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 260(2) of that Act.