Sentencing Act 2020

Duty to give warning or refer matter to enforcement officerE+W

6(1)This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a requirement of a community order.E+W

(2)If the offender has been given a warning under this paragraph within the previous 12 months in relation to a breach of any requirement of the order, the officer must refer the matter to an enforcement officer.

(3)Otherwise the officer must either—

(a)give the offender a warning under this paragraph, or

(b)refer the matter to an enforcement officer.

(4)A warning under this paragraph must—

(a)describe the circumstances of the breach,

(b)state that the breach is unacceptable, and

(c)inform the offender that if the offender again breaches a requirement of the order within the period of 12 months beginning with the date on which the warning was given, the offender will be liable to be brought before a court.

(5)As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.

Commencement Information

I1Sch. 10 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2