SCHEDULES
SCHEDULE 5Breach, revocation and amendment of reparation order
PART 1Breach of reparation order
Application to court
I21
1
This Part of this Schedule applies where—
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.
Powers of appropriate court
I12
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.
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.
Powers of Crown Court
I33
1
This paragraph applies where—
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.
Orders made on appeal
I44
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.