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Criminal Justice Bill


Criminal Justice Bill
Schedule 7 — Breach, revocation or amendment of community order
Part 4 — Amendment of order

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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

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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

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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

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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

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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.

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          (5)      In this paragraph “the appropriate court” means—

              (a)             in relation to any community order which was made by the Crown

Court and does not include any direction that any failure to comply

with the requirements of the order is to be dealt with by a

magistrates’ court, the Crown Court, and

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              (b)             in relation to any other community order, a magistrates’ court acting

for the petty sessions area concerned.

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—

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              (a)             by cancelling any of the requirements of the order, or

              (b)             by replacing any of those requirements with a requirement of the

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

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requirement, a drug rehabilitation requirement or an alcohol treatment

requirement unless the offender expresses his willingness to comply with

the requirement as amended.

 

 

Criminal Justice Bill
Schedule 7 — Breach, revocation or amendment of community order
Part 4 — Amendment of order

    203

 

          (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—

              (a)             revoke the community order, and

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              (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—

              (a)             must take into account the extent to which the offender has complied

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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 section136(2).

          (5)      Paragraph 12 applies for the purposes of this paragraph as it applies for the

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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.

Amendment of treatment requirements of community order on report of practitioner

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  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—

              (a)             is of the opinion mentioned in sub-paragraph (3), or

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              (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

variation or cancellation of the requirement.

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          (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.

          (3)      The opinion referred to in sub-paragraph (1) is—

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              (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.

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          (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

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Criminal Justice Bill
Schedule 7 — Breach, revocation or amendment of community order
Part 5 — Powers of court in relation to order following subsequent conviction

    204

 

  19       should be so amended as to provide for each subsequent periodic review

(required by section 193) 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

5

  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

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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 182(2).

Part 5

15

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

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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.

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          (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

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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

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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.

  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

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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-

paragraph (1), it must send to the Crown Court such particulars of the case

as may be desirable.

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Criminal Justice Bill
Schedule 7 — Breach, revocation or amendment of community order
Part 6 — Supplementary

    205

 

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—

                    (i)                   is convicted of an offence by the Crown Court,

                    (ii)                  is brought or appears before the Crown Court by virtue of

5

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

justice to exercise its powers under this paragraph, having regard to

circumstances which have arisen since the community order was

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made.

          (2)      The Crown Court may—

              (a)             revoke the order, or

              (b)             both—

                    (i)                   revoke the order, and

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                    (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

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

20

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

requirements of the community order.

Part 6

Supplementary

  24      (1)      No order may be made under paragraph 16, and no application may be

25

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

which—

              (a)             relates to a mental health treatment requirement, a drug

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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—

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              (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

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

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a new petty sessions area or a new place for the one specified in a relevant

order.

  26       Paragraphs 9(1)(a), 10(1)(a) and 17(1)(b) have effect subject to the provisions

mentioned in subsection (2) of section 161, and to subsections (3) and (6) of

that section.

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Criminal Justice Bill
Schedule 8 — Transfer of community orders to Scotland or Northern Ireland
Part 1 — Scotland

    206

 

  27      (1)      On the making under this Schedule of an order revoking or amending a

community order, the proper officer of the court must—

              (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

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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

              (c)             in the case of an amending order which imposes or amends a

requirement specified in the first column of Schedule 11, provide a

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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.

          (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,

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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.

          (3)      In this paragraph “proper officer” means—

              (a)             in relation to a magistrates’ court, the justices’ chief executive for the

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court; and

              (b)             in relation to the Crown Court, the appropriate officer.

Schedule 8

Section 164

 

Transfer of community orders to Scotland or Northern Ireland

Part 1

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Scotland

  1       (1)      Where the court considering the making of a community order is satisfied

that the offender resides in Scotland, or will reside there when the order

comes into force, the court may not make a community order in respect of

the offender unless it appears to the court—

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              (a)             in the case of an order imposing a requirement mentioned in sub-

paragraph (2), that arrangements exist for persons to comply with

such a requirement in the locality in Scotland in which the offender

resides, or will be residing when the order comes into force, and that

provision can be made for him to comply with the requirement

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under those arrangements, and

              (b)             in any case, that suitable arrangements for his supervision can be

made by the council constituted under section 2 of the Local

Government etc. (Scotland) Act 1994 (c. 39) in whose area he resides,

or will be residing when the order comes into force.

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          (2)      The requirements referred to in sub-paragraph (1)(a) are—

              (a)             an unpaid work requirement,

              (b)             an activity requirement,

              (c)             a programme requirement,

 

 

Criminal Justice Bill
Schedule 8 — Transfer of community orders to Scotland or Northern Ireland
Part 1 — Scotland

    207

 

              (d)             a mental health treatment requirement,

              (e)             a drug rehabilitation requirement,

              (f)             an alcohol treatment requirement, and

              (g)             an electronic monitoring requirement.

          (3)      Where—

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              (a)             the appropriate court for the purposes of paragraph 16 of Schedule 7

(amendment by reason of change of residence) is satisfied that an

offender in respect of whom a community order is in force proposes

to reside or is residing in Scotland, and

              (b)             it appears to the court that the conditions in sub-paragraph (1)(a) and

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(b) are satisfied,

                   the power of the court to amend the order under Part 4 of Schedule 7

includes power to amend it by requiring it to be complied with in Scotland

and for the offender to be supervised in accordance with the arrangements

referred to in sub-paragraph (1)(b).

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          (4)      For the purposes of sub-paragraph (3), any reference in sub-paragraph (1)(a)

and (b) to the time when the order comes into force is to be treated as a

reference to the time when the amendment comes into force.

          (5)      The court may not by virtue of sub-paragraph (1) or (3) require an

attendance centre requirement to be complied with in Scotland.

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          (6)      A community order made or amended in accordance with this paragraph

must—

              (a)             specify the locality in Scotland in which the offender resides or will

be residing when the order or amendment comes into force,

              (b)             specify as the corresponding order for the purposes of this Schedule

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an order that may be made by a court in Scotland;

              (c)             specify as the appropriate court for the purposes of subsection (4) of

section 228 of the Criminal Procedure (Scotland) Act 1995 (c. 46) a

court of summary jurisdiction (which, in the case of an offender

convicted on indictment, must be the sheriff court) having

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jurisdiction in the locality specified under paragraph (a);

                   and section 198 (petty sessions area to be specified) does not apply in

relation to an order so made or amended.

  2       (1)      Where a court is considering the making or amendment of a community

order by virtue of paragraph 1, Chapter 4 of Part 12 of this Act has effect

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subject to the following modifications.

          (2)      Any reference to the responsible officer has effect as a reference to the officer

of a council constituted under section 2 of the Local Government etc.

(Scotland) Act 1994 (c. 39) responsible for the offender’s supervision or, as

the case may be, discharging in relation to him the functions in respect of

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community service orders assigned by sections 239 to 245 of the Criminal

Procedure (Scotland) Act 1995.

          (3)      In subsection (7)(b) of section 183 (activity requirement) the reference to the

local probation board has effect as a reference to a council constituted under

section 2 of the Local Government etc. (Scotland) Act 1994.

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          (4)      In section 189 (mental health treatment requirement), for subsection (2)(a)

there is substituted—

 

 

 
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