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(3) The court may not amend under this paragraph a suspended sentence 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 14 it either— | |
(a) cancels those requirements, or | 5 |
(b) substitutes for those requirements other requirements which can be | |
complied with if the offender does not reside in that area. | |
(4) The court may not amend under this paragraph any suspended sentence | |
order imposing a programme requirement unless it appears to the court that | |
the accredited programme specified in the requirement is available in the | 10 |
other petty sessions area. | |
(5) In this paragraph “the appropriate court” has the same meaning as in | |
paragraph 12. | |
Amendment of community requirements of suspended sentence order | |
14 (1) At any time during the supervision period, the appropriate court may, on | 15 |
the application of the offender or the responsible officer, by order amend | |
any community requirement of a suspended sentence order— | |
(a) by cancelling the requirement, or | |
(b) by replacing it with a requirement of the same kind, which the court | |
could include if it were then making the order. | 20 |
(2) For the purposes of sub-paragraph (1), a requirement of a suspended | |
sentence order is of the same kind as another if they fall within the same | |
paragraph of section 171(1). | |
(3) The court may not under this paragraph amend a mental health treatment | |
requirement, a drug rehabilitation requirement or an alcohol treatment | 25 |
requirement unless the offender expresses his willingness to comply with | |
the requirement as amended. | |
(4) 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 | 30 |
paragraph, the court may— | |
(a) revoke the suspended order and the suspended sentence to which it | |
relates, and | |
(b) deal with him, for the offence in respect of which the suspended | |
sentence was imposed, in any way in which it could deal with him if | 35 |
he had just been convicted by or before the court of the offence. | |
(5) In dealing with the offender under sub-paragraph (4)(b), the court must take | |
into account the extent to which the offender has complied with the | |
requirements of the order. | |
(6) In this paragraph “the appropriate court” has the same meaning as in | 40 |
paragraph 12. | |
Amendment of treatment requirements on report of practitioner | |
15 (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 | 45 |
on or propensity to misuse drugs or alcohol— | |
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(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 14 to the appropriate court for the | 5 |
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. | 10 |
(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 | 15 |
(d) that the offender does not require further treatment. | |
(4) In this paragraph “the appropriate court” has the same meaning as in | |
paragraph 12. | |
Amendment in relation to review of drug rehabilitation requirement | |
16 Where the responsible officer is of the opinion that a suspended sentence | 20 |
order imposing a drug rehabilitation requirement which is subject to review | |
should be so amended as to provide for each 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 18 to the court responsible for the | |
order for the variation of the order. | 25 |
Extension of unpaid work requirement | |
17 Where— | |
(a) a suspended sentence order imposing an unpaid work requirement | |
is in force in respect of the offender, and | |
(b) on the application of the offender or the responsible officer, it | 30 |
appears to the magistrates’ court acting for the petty sessions area | |
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). | 35 |
Supplementary | |
18 No application may be made under paragraph 12, 14 or 17, and no order | |
may be made under paragraph 13, while an appeal against the suspended | |
sentence is pending | |
19 (1) Subject to sub-paragraph (2), where a court proposes to exercise its powers | 40 |
under paragraph 14, otherwise than on the application of the offender, the | |
court— | |
(a) must summon him to appear before the court, and | |
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(b) if he does not appear in answer to the summons, may issue a warrant | |
for his arrest. | |
(2) This paragraph does not apply to an order cancelling any community | |
requirement of a suspended sentence order. | |
20 Paragraphs 7(2)(c) and 14(1)(b) have effect subject to the provisions | 5 |
mentioned in subsection (2) of section 171, and to subsections (3) and (5) of | |
that section. | |
21 (1) On the making under this Schedule of an order amending a suspended | |
sentence order , the proper officer of the court must— | |
(a) provide copies of the amending order to the offender and the | 10 |
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 | |
(ii) the magistrates’ court acting for that area, and | 15 |
(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 | |
column of that Schedule. | 20 |
(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 | |
for that area in the exercise of its functions in relation to the order. | 25 |
(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. | |
Schedule 10 | 30 |
Section 199 | |
Persons to whom copies of requirements to be provided in particular cases | |
| | Requirement | Person to whom copy of requirement is to be | | | | | | given | | | | | An activity requirement. | The person specified under section | | | | | | 181(1)(a). | | 35 | | | An exclusion requirement imposed for | The person intended to be protected. | | | | | the purpose (or partly for the purpose) | | | | | | of protecting a person from being | | | | | | approached by the offender. | | | | | | A residence requirement relating to | The person in charge of the institution. | | 40 | | | residence in an institution. | | | | | | An electronic monitoring requirement. | Any person who by virtue of section | | |
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| | Requirement | Person to whom copy of requirement is to be | | | | | | given | | | | | A mental health treatment requirement. | The person specified under section | | | | | | 187(2)(c) or the person in charge of the | | | | | | institution or place specified under | | 5 | | | | section 187(2)(a) or (b). | | | | | A drug rehabilitation requirement . | The person in charge of the institution | | | | | | or place specified under section | | | | | | 189(4)(a) or (b). | | | | | An alcohol treatment requirement. | The person specified under section | | 10 | | | | 192(5)(c) or the person in charge of the | | | | | | institution or place specified under | | | | | | section 192(5)(a) or (b). | | | | | An attendance centre requirement. | The officer in charge of the attendance | | | | | | centre specified in the requirement. | | 15 | | | An electronic monitoring requirement. | Any person who by virtue of section | | | | | An electronic monitoring requirement. | Any person who by virtue of section | | |
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Schedule 11 | |
Section 204 | |
Specified offences for purposes of Chapter 5 of Part 12 | |
Part 1 | |
Specified violent offences | 20 |
1 Manslaughter. | |
2 Kidnapping. | |
3 False imprisonment. | |
4 An offence under section 4 of the Offences against the Person Act 1861 | |
(c. 100) (soliciting murder). | 25 |
5 An offence under section 16 of that Act (threats to kill). | |
6 An offence under section 18 of that Act (wounding with intent to cause | |
grievous bodily harm). | |
7 An offence under section 20 of that Act (malicious wounding). | |
8 An offence under section 21 of that Act (attempting to choke, suffocate or | 30 |
strangle in order to commit or assist in committing an indictable offence). | |
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9 An offence under section 22 of that Act (using chloroform etc. to commit or | |
assist in the committing of any indictable offence). | |
10 An offence under section 23 of that Act (maliciously administering poison | |
etc. so as to endanger life or inflict grievous bodily harm). | |
11 An offence under section 27 of that Act (abandoning children). | 5 |
12 An offence under section 28 of that Act (causing bodily injury by explosives). | |
13 An offence under section 29 of that Act (using explosives etc. with intent to | |
do grievous bodily harm). | |
14 An offence under section 30 of that Act (placing explosives with intent to do | |
bodily injury). | 10 |
15 An offence under section 31 of that Act (setting spring guns etc. with intent | |
to do grievous bodily harm). | |
16 An offence under section 32 of that Act (endangering the safety of railway | |
passengers). | |
17 An offence under section 35 of that Act (injuring persons by furious driving). | 15 |
18 An offence under section 37 of that Act (assaulting officer preserving wreck). | |
19 An offence under section 38 of that Act (assault with intent to resist arrest). | |
20 An offence under section 47 of that Act (assault occasioning actual bodily | |
harm). | |
21 An offence under section 2 of the Explosive Substances Act 1883 (c. 3) | 20 |
(causing explosion likely to endanger life or property). | |
22 An offence under section 3 of that Act (attempt to cause explosion, or | |
making or keeping explosive with intent to endanger life or property). | |
23 An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) | |
(child destruction). | 25 |
24 An offence under section 1 of the Children and Young Persons Act 1933 | |
(c. 12) (cruelty to children). | |
25 An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide). | |
26 An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of | |
firearm with intent to endanger life). | 30 |
27 An offence under section 16A of that Act (possession of firearm with intent | |
to cause fear of violence). | |
28 An offence under section 17(1) of that Act (use of firearm to resist arrest). | |
29 An offence under section 17(2) of that Act (possession of firearm at time of | |
committing or being arrested for offence specified in Schedule 1 to that Act). | 35 |
30 An offence under section 18 of that Act (carrying a firearm with criminal | |
intent). | |
31 An offence under section 8 of the Theft Act 1968 (c. 60) (robbery or assault | |
with intent to rob). | |
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32 An offence under section 9 of that Act of burglary with intent to— | |
(a) inflict grievous bodily harm on a person, or | |
(b) do unlawful damage to a building or anything in it. | |
33 An offence under section 10 of that Act (aggravated burglary). | |
34 An offence under section 12A of that Act (aggravated vehicle-taking) | 5 |
involving an accident which caused the death of any person. | |
35 An offence of arson under section 1 of the Criminal Damage Act 1971 (c. 48). | |
36 An offence under section 1(2) of that Act (destroying or damaging property) | |
other than an offence of arson. | |
37 An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) | 10 |
(hostage-taking). | |
38 An offence under section 1 of the Aviation Security Act 1982 (c. 36) | |
(hijacking). | |
39 An offence under section 2 of that Act (destroying, damaging or | |
endangering safety of aircraft). | 15 |
40 An offence under section 3 of that Act (other acts endangering or likely to | |
endanger safety of aircraft). | |
41 An offence under section 4 of that Act (offences in relation to certain | |
dangerous articles). | |
42 An offence under section 127 of the Mental Health Act 1983 (c. 20) (ill- | 20 |
treatment of patients). | |
43 An offence under section 1 of the Prohibition of Female Circumcision Act | |
1985 (c. 38) (prohibition of female circumcision). | |
44 An offence under section 1 of the Public Order Act 1986 (c. 64) (riot). | |
45 An offence under section 2 of that Act (violent disorder). | 25 |
46 An offence under section 3 of that Act (affray). | |
47 An offence under section 134 of the Criminal Justice Act 1988 (c. 33) | |
(torture). | |
48 An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death | |
by dangerous driving). | 30 |
49 An offence under section 3A of that Act (causing death by careless driving | |
when under influence of drink or drugs). | |
50 An offence under section 1 of the Aviation and Maritime Security Act 1990 | |
(c. 31) (endangering safety at aerodromes). | |
51 An offence under section 9 of that Act (hijacking of ships). | 35 |
52 An offence under section 10 of that Act (seizing or exercising control of fixed | |
platforms). | |
53 An offence under section 11 of that Act (destroying fixed platforms or | |
endangering their safety). | |
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54 An offence under section 12 of that Act (other acts endangering or likely to | |
endanger safe navigation). | |
55 An offence under section 13 of that Act (offences involving threats). | |
56 An offence under section 4 of the Protection from Harassment Act 1997 | |
(c. 40) (putting people in fear of violence). | 5 |
57 An offence under section 29 of the Crime and Disorder Act 1998 (c. 37) | |
(racially-aggravated assaults). | |
58 An offence falling within section 31(1)(a) or (b) of that Act (racially- | |
aggravated offences under section 4 or 4A of the Public Order Act 1986 | |
(c. 64)). | 10 |
59 An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. | |
1994/570) (offences relating to Channel Tunnel trains and the tunnel | |
system). | |
60 An offence under section 51 or 52 of the International Criminal Court Act | |
2001 (c. 17) (genocide, crimes against humanity, war crimes and related | 15 |
offences), other than one involving murder. | |
61 An offence of— | |
(a) aiding, abetting, counselling, procuring or inciting the commission | |
of an offence specified in this Part of this Schedule, | |
(b) conspiring to commit an offence so specified, or | 20 |
(c) attempting to commit an offence so specified. | |
62 An attempt to commit murder or a conspiracy to commit murder. | |
Part 2 | |
Specified sexual offences | |
63 An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape). | 25 |
64 An offence under section 2 of that Act (procurement of woman by threats). | |
65 An offence under section 3 of that Act (procurement of woman by false | |
pretences). | |
66 An offence under section 4 of that Act (administering drugs to obtain or | |
facilitate intercourse). | 30 |
67 An offence under section 5 of that Act (intercourse with girl under thirteen). | |
68 An offence under section 6 of that Act (intercourse with girl under 16). | |
69 An offence under section 7 of that Act (intercourse with a defective). | |
70 An offence under section 9 of that Act (procurement of a defective). | |
71 An offence under section 10 of that Act (incest by a man). | 35 |
72 An offence under section 11 of that Act (incest by a woman). | |
73 An offence under section 14 of that Act (indecent assault on a woman). | |
74 An offence under section 15 of that Act (indecent assault on a man). | |
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