House of Commons portcullis
House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Criminal Justice Bill


Criminal Justice Bill
Schedule 7 — Breach, revocation or amendment of community order
Part 1 — Preliminary

    195

 

Interpretation

  8        In this Schedule, and in any provision of this Part as applied by this

Schedule—

                    “court-martial” means a court-martial constituted under the Army Act

1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or

5

the Naval Discipline Act 1957 (c. 53);

                    “service court” means—

                    (a)                   a court-martial;

                    (b)                   a summary appeal court constituted under section 83ZA of

the Army Act 1955, section 83ZA of the Air Force Act 1955 or

10

section 52FF of the Naval Discipline Act 1957;

                    (c)                   the Courts-Martial Appeal Court;

                    (d)                   a Standing Civilian Court.

Schedule 7

Section 163

 

Breach, revocation or amendment of community order

15

Part 1

Preliminary

Interpretation

  1        In this Schedule—

                    “the offender”, in relation to a community order, means the person in

20

respect of whom the order is made;

                    “the petty sessions area concerned”, in relation to a community order,

means the petty sessions area for the time being specified in the

order;

                    “the responsible officer” has the meaning given by section 179.

25

  2        In this Schedule—

              (a)             references to a drug rehabilitation requirement of a community

order being subject to review are references to that requirement

being subject to review in accordance with section 192(1)(b);

              (b)             references to the court responsible for a community order imposing

30

a drug rehabilitation requirement which is subject to review are to be

construed in accordance with section 192(4).

  3        For the purposes of this Schedule—

              (a)             a requirement falling within any paragraph of section 161(1) is of the

same kind as any other requirement falling within that paragraph,

35

and

              (b)             an electronic monitoring requirement is a requirement of the same

kind as any requirement falling within section 161(1) to which it

relates.

 

 

Criminal Justice Bill
Schedule 7 — Breach, revocation or amendment of community order
Part 2 — Breach of requirement of order

    196

 

Orders made on appeal

  4        Where a community order has been made on appeal, it is to be taken for the

purposes of this Schedule to have been made by the Crown Court.

Part 2

Breach of requirement of order

5

Duty to give warning

  5       (1)      If the responsible officer is of the opinion that the offender has failed without

reasonable excuse to comply with any of the requirements of a community

order, the officer must give him a warning under this paragraph unless—

              (a)             the offender has within the previous twelve months been given a

10

warning under this paragraph in relation to a failure to comply with

any of the requirements of the order, or

              (b)             the officer causes an information to be laid before a justice of the

peace in respect of the failure.

          (2)      A warning under this paragraph must—

15

              (a)             describe the circumstances of the failure,

              (b)             state that the failure is unacceptable, and

              (c)             inform the offender that if within the next twelve months he again

fails to comply with any requirement of the order, he will be liable to

be brought before a court.

20

          (3)      The responsible officer must, as soon as practicable after the warning has

been given, record that fact.

          (4)      In relation to any community order which was made by the Crown Court

and does not include a direction that any failure to comply with the

requirements of the order is to be dealt with by a magistrates’ court, the

25

reference in sub-paragraph (1)(b) to a justice of the peace is to be read as a

reference to the Crown Court.

Breach of order after warning

  6       (1)      If—

              (a)             the responsible officer has given a warning under paragraph 5 to the

30

offender in respect of a community order, and

              (b)             at any time within the twelve months beginning with the date on

which the warning was given, the responsible officer is of the

opinion that the offender has since that date failed without

reasonable excuse to comply with any of the requirements of the

35

order,

                   the officer must cause an information to be laid before a justice of the peace

in respect of the failure in question.

          (2)      In relation to any community order which was made by the Crown Court

and does not include a direction that any failure to comply with the

40

requirements of the order is to be dealt with by a magistrates’ court, the

reference in sub-paragraph (1) to a justice of the peace is to be read as a

reference to the Crown Court.

 

 

Criminal Justice Bill
Schedule 7 — Breach, revocation or amendment of community order
Part 2 — Breach of requirement of order

    197

 

Issue of summons or warrant by justice of the peace

  7       (1)      This paragraph applies to—

              (a)             a community order made by a magistrates’ court, or

              (b)             any community order which was made by the Crown Court and

includes a direction that any failure to comply with the requirements

5

of the order is to be dealt with by a magistrates’ court.

          (2)      If at any time while a community order to which this paragraph applies is in

force it appears on information to a justice of the peace acting for the petty

sessions area concerned that the offender has failed to comply with any of

the requirements of the order, the justice may—

10

              (a)             issue a summons requiring the offender to appear at the place and

time specified in it, or

              (b)             if the information is in writing and on oath, issue a warrant for his

arrest.

          (3)      Any summons or warrant issued under this paragraph must direct the

15

offender to appear or be brought—

              (a)             in the case of a community order imposing a drug rehabilitation

requirement which is subject to review, before the magistrates’ court

responsible for the order, or

              (b)             in any other case, before a magistrates’ court acting for the petty

20

sessions area concerned.

          (4)      Where a summons issued under sub-paragraph (2)(a) requires the offender

to appear before a magistrates’ court and the offender does not appear in

answer to the summons, the magistrates’ court may issue a warrant for the

arrest of the offender.

25

Issue of summons or warrant by Crown Court

  8       (1)      This paragraph applies to a community order made by the Crown Court

which does not include a direction that any failure to comply with the

requirements of the order is to be dealt with by a magistrates’ court.

          (2)      If at any time while a community order to which this paragraph applies is in

30

force it appears on information to the Crown Court that the offender has

failed to comply with any of the requirements of the order, the Crown Court

may—

              (a)             issue a summons requiring the offender to appear at the place and

time specified in it, or

35

              (b)             if the information is in writing and on oath, issue a warrant for his

arrest.

          (3)      Any summons or warrant issued under this paragraph must direct the

offender to appear or be brought before the Crown Court.

          (4)      Where a summons issued under sub-paragraph (2)(a) requires the offender

40

to appear before the Crown Court and the offender does not appear in

answer to the summons, the Crown Court may issue a warrant for the arrest

of the offender.

 

 

Criminal Justice Bill
Schedule 7 — Breach, revocation or amendment of community order
Part 2 — Breach of requirement of order

    198

 

Powers of magistrates’ court

  9       (1)      If it is proved to the satisfaction of a magistrates’ court before which an

offender appears or is brought under paragraph 7 that he has failed without

reasonable excuse to comply with any of the requirements of the community

order, the court must deal with him in respect of the failure in any one of the

5

following ways—

              (a)             by amending the terms of the community order so as to impose more

onerous requirements which the court could include if it were then

making the order;

              (b)             where the community order was made by a magistrates’ court, by

10

dealing with him, 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 by it of the offence;

              (c)             where—

                    (i)                   the community order was made by a magistrates’ court,

15

                    (ii)                  the offence in respect of which the order was made was not

an offence punishable by imprisonment,

                    (iii)                 the offender is aged 18 or over, and

                    (iv)                  the offender has wilfully and persistently failed to comply

with the requirements of the order,

20

                              by dealing with him, in respect of that offence, by imposing a

sentence of imprisonment for a term not exceeding 51 weeks.

          (2)      In dealing with an offender under sub-paragraph (1), a magistrates’ court

must take into account the extent to which the offender has complied with

the requirements of the community order.

25

          (3)      In dealing with an offender under sub-paragraph (1)(a), the court may

extend the duration of particular requirements (subject to any limit imposed

by Chapter 4 of Part 12 of this Act) but may not extend the period specified

under section 161(5).

          (4)      In dealing with an offender under sub-paragraph (1)(b), the court may, in

30

the case of an offender who has wilfully and persistently failed to comply

with the requirements of the community order, impose a custodial sentence

(where the order was made in respect of an offence punishable with such a

sentence) notwithstanding anything in section 136(2).

          (5)      Where a magistrates’ court deals with an offender under sub-paragraph

35

(1)(b) or (c), it must revoke the community order if it is still in force.

          (6)      Where a community order was made by the Crown Court and a magistrates’

court would (apart from this sub-paragraph) be required to deal with the

offender under sub-paragraph (1)(a), (b) or (c), it may instead commit him to

custody or release him on bail until he can be brought or appear before the

40

Crown Court.

          (7)      A magistrates’ court which deals with an offender’s case under sub-

paragraph (6) must send to the Crown Court—

              (a)             a certificate signed by a justice of the peace certifying that the

offender has failed to comply with the requirements of the

45

community order in the respect specified in the certificate, 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.

 

 

Criminal Justice Bill
Schedule 7 — Breach, revocation or amendment of community order
Part 2 — Breach of requirement of order

    199

 

          (8)      A person sentenced under subsection (1)(b) or (c) for an offence may appeal

to the Crown Court against the sentence.

Powers of Crown Court

  10      (1)      Where under paragraph 8 or by virtue of paragraph 9(6) an offender appears

or is brought before the Crown Court and it is proved to the satisfaction of

5

that court that he has failed without reasonable excuse to comply with any

of the requirements of the community order, the Crown Court must deal

with him in respect of the failure in any one of the following ways—

              (a)             by amending the terms of the community order so as to impose more

onerous requirements which the Crown Court could impose if it

10

were then making the order;

              (b)             by dealing with him, 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 before the Crown Court of the offence;

              (c)             where—

15

                    (i)                   the offence in respect of which the order was made was not

an offence punishable by imprisonment,

                    (ii)                  the offender is aged 18 or over,

                    (iii)                 the offender has wilfully and persistently failed to comply

with the requirements of the order,

20

                              by dealing with him, in respect of that offence, by imposing a

sentence of imprisonment for a term not exceeding 51 weeks.

          (2)      In dealing with an offender under sub-paragraph (1), the Crown Court must

take into account the extent to which the offender has complied with the

requirements of the community order.

25

          (3)      In dealing with an offender under sub-paragraph (1)(a), the court may

extend the duration of particular requirements (subject to any limit imposed

by Chapter 4 of Part 12 of this Act) but may not extend the period specified

under section 161(5).

          (4)      In dealing with an offender under sub-paragraph (1)(b), the Crown Court

30

may, in the case of an offender who has wilfully and persistently failed to

comply with the requirements of the community order, impose a custodial

sentence (where the order was made in respect of an offence punishable with

such a sentence) notwithstanding anything in section 136(2).

          (5)      Where the Crown Court deals with an offender under sub-paragraph (1)(b)

35

or (c), it must revoke the community order if it is still in force.

          (6)      In proceedings before the Crown Court under this paragraph any question

whether the offender has failed to comply with the requirements of the

community order is to be determined by the court and not by the verdict of

a jury.

40

Restriction of powers in paragraphs 9 and 10 where treatment required

  11      (1)      An offender who is required by any of the following requirements of a

community order—

              (a)             a mental health treatment requirement,

              (b)             a drug rehabilitation requirement, or

45

              (c)             an alcohol treatment requirement,

 

 

Criminal Justice Bill
Schedule 7 — Breach, revocation or amendment of community order
Part 3 — Revocation of order

    200

 

                   to submit to treatment for his mental condition, or his dependency on or

propensity to misuse drugs or alcohol, is not to be treated for the purposes

of paragraph 9 or 10 as having failed to comply with that requirement on the

ground only that he had refused to undergo any surgical, electrical or other

treatment if, in the opinion of the court, his refusal was reasonable having

5

regard to all the circumstances.

          (2)      A court may not under paragraph 9(1)(a) or 10(1)(a) amend a mental health

treatment requirement, a drug rehabilitation requirement or an alcohol

treatment requirement unless the offender expresses his willingness to

comply with the requirement as amended.

10

Supplementary

  12       Where a community order was made by a magistrates’ court in the case of

an offender under 18 years of age in respect of an offence triable only on

indictment in the case of an adult, any powers exercisable under paragraph

9(1)(b) in respect of the offender after he attains the age of 18 are powers to

15

do either or both of the following—

              (a)             to impose a fine not exceeding £5,000 for the offence in respect of

which the order was made;

              (b)             to deal with the offender for that offence in any way in which a

magistrates’ court could deal with him if it had just convicted him of

20

an offence punishable with imprisonment for a term not exceeding

51 weeks.

Part 3

Revocation of order

Revocation of order with or without re-sentencing: powers of magistrates’ court

25

  13      (1)      This paragraph applies where a community order, other than an order made

by the Crown Court and falling within paragraph 14 (1)(a), is in force and on

the application of the offender or the responsible officer it appears to the

appropriate magistrates’ court that, having regard to circumstances which

have arisen since the order was made, it would be in the interests of justice—

30

              (a)             for the order to be revoked, or

              (b)             for the offender to be dealt with in some other way for the offence in

respect of which the order was made.

          (2)      The appropriate magistrates’ court may—

              (a)             revoke the order, or

35

              (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 it could deal with him

if he had just been convicted by the court of the offence.

40

          (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).

 

 

Criminal Justice Bill
Schedule 7 — Breach, revocation or amendment of community order
Part 3 — Revocation of order

    201

 

          (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.

          (5)      A person sentenced under sub-paragraph (2)(b) for an offence may appeal

to the Crown Court against the sentence.

5

          (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

to the summons, may issue a warrant for his arrest.

          (7)      No application may be made by the offender under sub-paragraph (1) while

10

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

which is subject to review, the magistrates’ court responsible for the

order, and

15

              (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

  14      (1)      This paragraph applies where—

              (a)             there is in force a community order made by the Crown Court which

20

does not include a direction that any failure to comply with the

requirements of the order is to be dealt with by a magistrates’ court,

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

25

other way for the offence in respect of which the order was made.

          (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

30

              (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 could deal

with him if he had just been convicted of that offence by or

35

before the court which made the order.

          (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

40

must take into account the extent to which the offender has complied with

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

45

to the summons, may issue a warrant for his arrest.

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2003
Revised 6 March 2003