Sentencing Act 2020

PART 1 E+W Breach of reparation order

Application to court E+W

1 (1) This Part of this Schedule applies where— E+W

(a) a reparation order is in force in respect of an offender, and

(b) the responsible officer makes an application to the appropriate court under this paragraph for it to exercise its powers under paragraph 2.

(2) In this paragraph “appropriate court” means—

(a) if the offender is aged under 18, a youth court acting in the relevant local justice area, and

(b) if the offender is aged 18 or over, a magistrates' court (other than a youth court) acting in that local justice area.

(3) In sub-paragraph (2) “relevant local justice area” means—

(a) the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, the offender's home local justice area.

(4) Where the responsible officer makes an application to the appropriate court under this paragraph, the officer may bring the offender before the court.

Commencement Information

I1 Sch. 5 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of appropriate court E+W

2 (1) This paragraph applies if it is proved to the satisfaction of the appropriate court that the offender has breached any requirement of the reparation order. E+W

(2) The appropriate court—

(a) may order the offender to pay a fine of an amount not exceeding £1,000;

(b) if the reparation order was made by a magistrates' court, may revoke the order and re-sentence the offender for the offence in respect of which the order was made, or

(c) if the reparation order was made by the Crown Court, may—

(i) commit the offender to custody, or

(ii) release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(3) Where the appropriate court deals with the offender's case under sub-paragraph (2)(c) it must send the Crown Court a certificate signed by a justice of the peace giving—

(a) particulars of the offender's failure to comply with the requirement in question, and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(4) The appropriate court may not make an order under this paragraph unless the offender is before the court.

(5) For powers to issue a summons or warrant to secure the offender's attendance, see paragraph 6.

(6) In dealing with the offender under this paragraph the appropriate court must take into account the extent to which the offender has complied with the requirements of the reparation order.

(7) A fine imposed under this paragraph is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(8) Where—

(a) the offender is aged under 18, and

(b) but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(a),

section 380 (order for payment by parent or guardian) applies to the fine.

Commencement Information

I2 Sch. 5 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court E+W

3 (1) This paragraph applies where— E+W

(a) by virtue of paragraph 2(2)(c) the offender is brought or appears before the Crown Court, and

(b) it is proved to the satisfaction of that court that the offender has breached the requirement in question.

(2) The Crown Court may re-sentence the offender for the offence in respect of which the reparation order was made.

(3) Where the Crown Court deals with the offender under sub-paragraph (2), it must revoke the reparation order if it is still in force.

(4) In dealing with an offender under this paragraph the court must take into account the extent to which the offender has complied with the requirements of the reparation order.

(5) The appropriate court may not make an order under this paragraph unless the offender is before the court.

(6) For powers to issue a summons or warrant to secure the offender's attendance, see paragraph 6.

(7) In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the reparation order is to be determined by the court and not by the verdict of a jury.

Commencement Information

I3 Sch. 5 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal E+W

4 E+W A reparation order made on appeal is to be taken, for the purposes of this Part of this Schedule—

(a) if it was made on an appeal from a magistrates' court, to have been made by that magistrates' court;

(b) if it was made on an appeal—

(i) from the Crown Court, or

(ii) from the Court of Appeal,

to have been made by the Crown Court.

Commencement Information

I4 Sch. 5 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2