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.

Annotations:
Commencement Information
I2

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

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.

Annotations:
Commencement Information
I1

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

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.

Annotations:
Commencement Information
I3

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

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.