Sentencing Act 2020 (c. 17)

SCHEDULES

SCHEDULE 10 E+W Breach, revocation or amendment of community order

Modifications etc. (not altering text)

C1 Sch. 10 applied (with modifications) by 2006 c. 52, s. 182(3)(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2 Sch. 10 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C3 Sch. 10 applied by 2006 c. 52, s. 178(2) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C4 Sch. 10 modified by 2006 c. 52, s. 181 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 6 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C5 Sch. 10 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C6 Sch. 10 applied (with modifications) by 2006 c. 52, Sch. 6A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 12 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 E+W Preliminary

Meaning of particular expressions relating to an order E+W

1 (1) In this Schedule, in relation to a community order— E+W

• “appropriate court” means—

  (a)

  if the community order imposes a drug rehabilitation requirement which is subject to review, the court responsible for the order (see paragraph 4);

  (aa)

  [F1 if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order;]

  (b)

  if the community order is a Crown Court community order [F2 and does not fall within paragraph (aa)], the Crown Court;

  (c)

  in any other case, a magistrates' court acting in the offender's home local justice area;

• “treatment requirement”, in relation to a community order, means—

  (a)

  a mental health treatment requirement of the order,

  (b)

  a drug rehabilitation requirement of the order, or

  (c)

  an alcohol treatment requirement of the order.

(2) In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.

Textual Amendments

F1 Words in Sch. 10 para. 1 inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(2)(a)

F2 Words in Sch. 10 para. 1 inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(2)(b)

Commencement Information

I1 Sch. 10 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2