|
| |
| |
(i) revoke the order, and | |
(ii) deal with the offender, for the offence in respect of which the | |
order was made, in any way in which it could deal with him | |
if he had just been convicted by the court of the offence. | |
(3) The circumstances in which a community order may be revoked under sub- | 5 |
paragraph (2) include the offender’s making good progress or his | |
responding satisfactorily to supervision or treatment (as the case requires). | |
(4) In dealing with an offender under sub-paragraph (2)(b), a magistrates’ court | |
must take into account the extent to which the offender has complied with | |
the requirements of the relevant order. | 10 |
(5) A person sentenced under sub-paragraph (2)(b) for an offence may appeal | |
to the Crown Court against the sentence. | |
(6) Where a magistrates’ court proposes to exercise its powers under this | |
paragraph otherwise than on the application of the offender, it must | |
summon him to appear before the court and, if he does not appear in answer | 15 |
to the summons, may issue a warrant for his arrest. | |
(7) No application may be made by the offender under sub-paragraph (1) while | |
an appeal against the community order is pending. | |
(8) In this paragraph “the appropriate magistrates’ court” means— | |
(a) in the case of an order imposing a drug rehabilitation requirement | 20 |
which is subject to review, the magistrates’ court responsible for the | |
order, and | |
(b) in the case of any other community order, a magistrates’ court acting | |
for the petty sessions area concerned. | |
Revocation of order with or without re-sentencing: powers of Crown Court | 25 |
14 (1) This paragraph applies where— | |
(a) there is in force a community order made by the Crown Court which | |
includes— | |
(i) a direction that any failure to comply with the order be dealt | |
with by the Crown Court, or | 30 |
(ii) a drug rehabilitation requirement which is subject to review, | |
and | |
(b) the offender or the responsible officer applies to the Crown Court for | |
the order to be revoked or for the offender to be dealt with in some | |
other way for the offence in respect of which the order was made. | 35 |
(2) If it appears to the Crown Court to be in the interests of justice to do so, | |
having regard to circumstances which have arisen since the order was made, | |
the Crown Court may— | |
(a) revoke the order, or | |
(b) both— | 40 |
(i) revoke the order, and | |
(ii) deal with the offender, for the offence in respect of which the | |
order was made, in any way in which the court could deal | |
with him if he had just been convicted of that offence by or | |
before the court which made the order. | 45 |
| |
| |
|
| |
| |
(3) The circumstances in which a community order may be revoked under sub- | |
paragraph (2) include the offender’s making good progress or his | |
responding satisfactorily to supervision or treatment (as the case requires). | |
(4) In dealing with an offender under sub-paragraph (2)(b), the Crown Court | |
must take into account the extent to which the offender has complied with | 5 |
the requirements of the order. | |
(5) Where the Crown Court proposes to exercise its powers under this | |
paragraph otherwise than on the application of the offender, it must | |
summon him to appear before the court and, if he does not appear in answer | |
to the summons, may issue a warrant for his arrest. | 10 |
Supplementary | |
15 Paragraph 12 applies for the purposes of paragraphs 13 and 14 as it applies | |
for the purposes of paragraph 9 above, but as if for the words “paragraph | |
9(1)(b)” there were substituted “paragraph 13(2)(b)(ii) or 14(2)(b)(ii) ”. | |
Part 4 | 15 |
Amendment of order | |
Amendment by reason of change of residence | |
16 (1) This paragraph applies where, at any time while a community order is in | |
force in respect of an offender, the appropriate court is satisfied that the | |
offender proposes to change, or has changed, his residence from the petty | 20 |
sessions area concerned to another petty sessions area. | |
(2) Subject to sub-paragraphs (3) and (4), the appropriate court may, and on the | |
application of the responsible officer must, amend the community order by | |
substituting the other petty sessions area for the area specified in the order. | |
(3) The court may not under this paragraph amend a community order which | 25 |
contains requirements which, in the opinion of the court, cannot be | |
complied with unless the offender continues to reside in the petty sessions | |
area concerned unless, in accordance with paragraph 17, it either— | |
(a) cancels those requirements, or | |
(b) substitutes for those requirements other requirements which can be | 30 |
complied with if the offender ceases to reside in that area. | |
(4) The court may not amend under this paragraph a community order | |
imposing a programme requirement unless it appears to the court that the | |
accredited programme specified in the requirement is available in the other | |
petty sessions area. | 35 |
(5) In this paragraph “the appropriate court” means— | |
(a) in relation to any community order imposing a drug rehabilitation | |
requirement which is subject to review, the court responsible for the | |
order, | |
(b) in relation to any community order made by the Crown Court and | 40 |
including a direction that any failure to comply with any of the | |
requirements of the order be dealt with by the Crown Court, the | |
Crown Court, and | |
(c) in relation to any other community order, a magistrates’ court acting | |
for the petty sessions area concerned. | 45 |
| |
| |
|
| |
| |
Amendment of requirements of community order | |
17 (1) The appropriate court may, on the application of the offender or the | |
responsible officer, by order amend a community order— | |
(a) by cancelling any of the requirements of the order, or | |
(b) by replacing any of those requirements with a requirement of the | 5 |
same kind, which the court could include if it were then making the | |
order. | |
(2) The court may not under this paragraph amend a mental health treatment | |
requirement, a drug rehabilitation requirement or an alcohol treatment | |
requirement unless the offender expresses his willingness to comply with | 10 |
the requirement as amended. | |
(3) If the offender fails to express his willingness to comply with a mental health | |
treatment requirement, drug rehabilitation requirement or alcohol | |
treatment requirement as proposed to be amended by the court under this | |
paragraph, the court may— | 15 |
(a) revoke the community order, and | |
(b) deal with him, for the offence in respect of which the order was | |
made, in any way in which it could deal with him if he had just been | |
convicted by or before the court of the offence. | |
(4) In dealing with the offender under sub-paragraph (3)(b), the court— | 20 |
(a) must take into account the extent to which the offender has complied | |
with the requirements of the order, and | |
(b) may impose a custodial sentence (where the order was made in | |
respect of an offence punishable with such a sentence) | |
notwithstanding anything in section135(2). | 25 |
(5) Paragraph 12 applies for the purposes of this paragraph as it applies for the | |
purposes of paragraph 9, but as if for the words “paragraph 9(1)(b)” there | |
were substituted “paragraph 17(3)(b) ”. | |
(6) In this paragraph “the appropriate court” has the same meaning as in | |
paragraph 16. | 30 |
Amendment of treatment requirements of community order on report of practitioner | |
18 (1) Where the medical practitioner or other person by whom or under whose | |
direction an offender is, in pursuance of any requirement to which this sub- | |
paragraph applies, being treated for his mental condition or his dependency | |
on or propensity to misuse drugs or alcohol— | 35 |
(a) is of the opinion mentioned in sub-paragraph (3), or | |
(b) is for any reason unwilling to continue to treat or direct the treatment | |
of the offender, | |
he must make a report in writing to that effect to the responsible officer and | |
that officer must apply under paragraph 17 to the appropriate court for the | 40 |
variation or cancellation of the requirement. | |
(2) The requirements to which sub-paragraph (1) applies are— | |
(a) a mental health treatment requirement, | |
(b) a drug rehabilitation requirement, and | |
(c) an alcohol treatment requirement. | 45 |
(3) The opinion referred to in sub-paragraph (1) is— | |
| |
| |
|
| |
| |
(a) that the treatment of the offender should be continued beyond the | |
period specified in that behalf in the order, | |
(b) that the offender needs different treatment, | |
(c) that the offender is not susceptible to treatment, or | |
(d) that the offender does not require further treatment. | 5 |
(4) In this paragraph “the appropriate court” has the same meaning as in | |
paragraph 16. | |
Amendment in relation to review of drug rehabilitation requirement | |
19 Where the responsible officer is of the opinion that a community order | |
imposing a drug rehabilitation requirement which is subject to review | 10 |
should be so amended as to provide for each subsequent periodic review | |
(required by section 191) to be made without a hearing instead of at a review | |
hearing, or vice versa, he must apply under paragraph 17 to the court | |
responsible for the order for the variation of the order. | |
Extension of unpaid work requirement | 15 |
20 Where— | |
(a) a community order imposing an unpaid work requirement is in force | |
in respect of any offender, and | |
(b) on the application of the offender or the responsible officer, it | |
appears to a magistrates’ court acting for the petty sessions area | 20 |
concerned that it would be in the interests of justice to do so having | |
regard to circumstances which have arisen since the order was made, | |
the court may, in relation to the order, extend the period of twelve months | |
specified in section 180(2). | |
Part 5 | 25 |
Powers of court in relation to order following subsequent conviction | |
Powers of magistrates’ court following subsequent conviction | |
21 (1) This paragraph applies where— | |
(a) an offender in respect of whom a community order made by a | |
magistrates’ court is in force is convicted of an offence by a | 30 |
magistrates’ court, and | |
(b) it appears to the court that it would be in the interests of justice to | |
exercise its powers under this paragraph, having regard to | |
circumstances which have arisen since the community order was | |
made. | 35 |
(2) The magistrates’ court may— | |
(a) revoke the order, or | |
(b) both— | |
(i) revoke the order, and | |
(ii) deal with the offender, for the offence in respect of which the | 40 |
order was made, in any way in which the court which made | |
the order could deal with him if he had just been convicted of | |
that offence by or before the court which made the order. | |
| |
| |
|
| |
| |
(3) In dealing with an offender under sub-paragraph (2)(b), a magistrates’ court | |
must take into account the extent to which the offender has complied with | |
the requirements of the community order. | |
(4) A person sentenced under sub-paragraph (2)(b) for an offence may appeal | |
to the Crown Court against the sentence. | 5 |
22 (1) Where an offender in respect of whom a community order made by the | |
Crown Court is in force is convicted of an offence by a magistrates’ court, the | |
magistrates’ court may commit the offender in custody or release him on | |
bail until he can be brought before the Crown Court. | |
(2) Where the magistrates’ court deals with an offender’s case under sub- | 10 |
paragraph (1), it must send to the Crown Court such particulars of the case | |
as may be desirable. | |
Powers of Crown Court following subsequent conviction | |
23 (1) This paragraph applies where— | |
(a) an offender in respect of whom a community order is in force— | 15 |
(i) is convicted of an offence by the Crown Court, | |
(ii) is brought or appears before the Crown Court by virtue of | |
paragraph 22 or having been committed by the magistrates’ | |
court to the Crown Court for sentence, and | |
(b) it appears to the Crown Court that it would be in the interests of | 20 |
justice to exercise its powers under this paragraph, having regard to | |
circumstances which have arisen since the community order was | |
made. | |
(2) The Crown Court may— | |
(a) revoke the order, or | 25 |
(b) both— | |
(i) revoke the order, and | |
(ii) deal with the offender, for the offence in respect of which the | |
order was made, in any way in which the court which made | |
the order could deal with him if he had just been convicted of | 30 |
that offence by or before the court which made the order. | |
(3) In dealing with an offender under sub-paragraph (2), the Crown Court must | |
take into account the extent to which the offender has complied with the | |
requirements of the community order. | |
Part 6 | 35 |
Supplementary | |
24 (1) No order may be made under paragraph 16, and no application may be | |
made under paragraph 17 or 20 while an appeal against the community | |
order is pending. | |
(2) Sub-paragraph (1) does not apply to an application under paragraph 17 | 40 |
which— | |
(a) relates to a mental health treatment requirement, a drug | |
rehabilitation requirement or an alcohol treatment requirement, and | |
(b) is made by the responsible officer with the consent of the offender. | |
| |
| |
|
| |
| |
25 (1) Subject to sub-paragraph (2), where a court proposes to exercise its powers | |
under Part 4 or 5 of this Schedule, otherwise than on the application of the | |
offender, the court— | |
(a) must summon him to appear before the court, and | |
(b) if he does not appear in answer to the summons, may issue a warrant | 5 |
for his arrest. | |
(2) This paragraph does not apply to an order cancelling a requirement of a | |
community order or reducing the period of any requirement, or substituting | |
a new petty sessions area or a new place for the one specified in a relevant | |
order. | 10 |
26 Paragraphs 9(1)(a), 10(1)(a) and 17(1)(b) have effect subject to the provisions | |
mentioned in subsection (2) of section 160, and to subsections (3) and (6) of | |
that section. | |
27 (1) On the making under this Schedule of an order revoking or amending a | |
community order, the proper officer of the court must— | 15 |
(a) provide copies of the revoking or amending order to the offender | |
and the responsible officer, | |
(b) in the case of an amending order which substitutes a new petty | |
sessions area, provide a copy of the amending order to— | |
(i) the local probation board acting for that area, and | 20 |
(ii) the magistrates’ court acting for that area, and | |
(c) in the case of an amending order which imposes or amends a | |
requirement specified in the first column of Schedule 10, provide a | |
copy of so much of the amending order as relates to that requirement | |
to the person specified in relation to that requirement in the second | 25 |
column of that Schedule. | |
(2) Where under sub-paragraph (1)(b) the proper officer of the court provides a | |
copy of an amending order to a magistrates’ court acting for a different area, | |
the officer must also provide to that court such documents and information | |
relating to the case as it considers likely to be of assistance to a court acting | 30 |
for that area in the exercise of its functions in relation to the order. | |
(3) In this paragraph “proper officer” means— | |
(a) in relation to a magistrates’ court, the justices’ chief executive for the | |
court; and | |
(b) in relation to the Crown Court, the appropriate officer. | 35 |
Schedule 8 | |
Section 169 | |
Revocation or amendment of custody plus orders and amendment of | |
intermittent custody orders | |
Interpretation | |
1 (1) In this Schedule— | 40 |
“the appropriate court” means— | |
(a) where the custody plus order or intermittent custody order | |
was made by the Crown Court, the Crown Court, and | |
| |
| |
|
| |
| |
(b) in any other case, a magistrates’ court acting for the petty | |
sessions area concerned; | |
“the offender”, in relation to a custody plus order or intermittent | |
custody order, means the person in respect of whom the order is | |
made; | 5 |
“the petty sessions area concerned”, in relation to a custody plus order | |
or intermittent custody order, means the petty sessions area for the | |
time being specified in the order; | |
“the responsible officer” has the meaning given by section 177. | |
(2) In this Schedule any reference to a requirement being imposed by, or | 10 |
included in, a custody plus order or intermittent custody order is to be read | |
as a reference to compliance with the requirement being required by the | |
order to be a condition of a licence. | |
Orders made on appeal | |
2 Where a custody plus order or intermittent custody order has been made on | 15 |
appeal, it is to be taken for the purposes of this Schedule to have been made | |
by the Crown Court. | |
Revocation of custody plus order or removal from intermittent custody order of requirements | |
as to licence conditions | |
3 (1) Where at any time while a custody plus order or intermittent custody order | 20 |
is in force, it appears to the appropriate court on the application of the | |
offender or the responsible officer that, having regard to circumstances | |
which have arisen since the order was made, it would be in the interests of | |
justice to do so, the court may— | |
(a) in the case of a custody plus order, revoke the order, and | 25 |
(b) in the case of an intermittent custody order, amend the order so that | |
it contains only provision specifying periods for the purposes of | |
section 165(1)(b)(i). | |
(2) The revocation under this paragraph of a custody plus order does not affect | |
the sentence of imprisonment to which the order relates, except in relation | 30 |
to the conditions of the licence. | |
Amendment by reason of change of residence | |
4 (1) This paragraph applies where, at any time during the term of imprisonment | |
to which a custody plus order or intermittent custody order relates, the | |
appropriate court is satisfied that the offender proposes to change, or has | 35 |
changed, his residence during the licence period from that petty sessions | |
area to another petty sessions area. | |
(2) Subject to sub-paragraphs (3) and (4), the appropriate court may, and on the | |
application of the responsible officer must, amend the custody plus order or | |
intermittent custody order by substituting the other petty sessions area for | 40 |
the area specified in the order. | |
(3) The court may not amend under this paragraph a custody plus order or | |
intermittent custody order which contains requirements which, in the | |
opinion of the court, cannot be complied with unless the offender resides in | |
the petty sessions area concerned unless, in accordance with paragraph 5, it | 45 |
either— | |
| |
| |
|
