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Schedules 3, 5 and 7 are repealed, with savings for existing orders, by the relevant provisions of the Criminal Justice and Immigration Act 2008; and, with savings for existing orders, Schedule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.]