PART 44BREACH, REVOCATION AND AMENDMENT OF COMMUNITY AND OTHER ORDERS
When this Part applies44.1
This Part applies where—
a
the person responsible for a defendant’s compliance with an order to which applies—
i
Schedule 3, 5, 7 or 8 to the Powers of Criminal Courts (Sentencing) Act 2000658,
ii
Schedule 8 or 12 to the Criminal Justice Act 2003659,
iii
Schedule 2 to the Criminal Justice and Immigration Act 2008660, or
iv
the Schedule to the Street Offences Act 1959661
wants the court to deal with that defendant for failure to comply;
b
one of the following wants the court to exercise any power it has to revoke or amend such an order—
i
the responsible officer or supervisor,
ii
the defendant, or
iii
where the legislation allows, a person affected by the order; or
c
the court considers exercising on its own initiative any power it has to revoke or amend such an order.
[Note. In the Powers of Criminal Courts (Sentencing) Act 2000—
a
Schedule 3 deals with the breach, revocation and amendment of curfew orders and exclusion orders;
b
Schedule 5 deals with the breach, revocation and amendment of attendance centre orders;
c
Schedule 7 deals with the breach, revocation and amendment of supervision orders;
d
Schedule 8 deals with the breach, revocation and amendment of action plan orders and reparation orders; and
e
Schedules 3, 5 and 7 are repealed, with savings for existing orders, by the relevant provisions of the Criminal Justice and Immigration Act 2008; and, with savings for existing orders, Schedule 8 no longer refers to action plan orders.
In the Criminal Justice Act 2003—
a
Schedule 8 deals with the breach, revocation and amendment of community orders; and
b
Schedule 12 deals with the breach and amendment of suspended sentence orders.
Schedule 2 to the Criminal Justice and Immigration Act 2008 deals with the breach, revocation and amendment of youth rehabilitation orders.
Under Schedule 8 to the 2000 Act, Schedule 8 to the 2003 Act and Schedule 2 to the 2008 Act, a single member of the court can adjourn a hearing to which this Part applies.]