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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 | 5 |
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 | 10 |
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 | 15 |
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 | 20 |
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. | 25 |
(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 | 30 |
(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— | 35 |
(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 | 40 |
requirement, a drug rehabilitation requirement or an alcohol treatment | |
requirement unless the offender expresses his willingness to comply with | |
the requirement as amended. | |
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(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 | 5 |
(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 | 10 |
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 | 15 |
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 | 20 |
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 | 25 |
(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. | 30 |
(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— | 35 |
(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. | 40 |
(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 | 45 |
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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 | 10 |
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 | 20 |
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. | 25 |
(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 | 30 |
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 | 35 |
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 | 40 |
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. | 45 |
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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 | 10 |
made. | |
(2) The Crown Court may— | |
(a) revoke the order, or | |
(b) both— | |
(i) revoke the order, and | 15 |
(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 | 30 |
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— | 35 |
(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 | 40 |
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. | 45 |
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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 | 5 |
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 | 10 |
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, | 15 |
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 | 20 |
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 | 25 |
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— | 30 |
(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 | 35 |
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. | 40 |
(2) The requirements referred to in sub-paragraph (1)(a) are— | |
(a) an unpaid work requirement, | |
(b) an activity requirement, | |
(c) a programme requirement, | |
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(d) a mental health treatment requirement, | |
(e) a drug rehabilitation requirement, | |
(f) an alcohol treatment requirement, and | |
(g) an electronic monitoring requirement. | |
(3) Where— | 5 |
(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 | 10 |
(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). | 15 |
(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. | 20 |
(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 | 25 |
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 | 30 |
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 | 35 |
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 | 40 |
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. | 45 |
(4) In section 189 (mental health treatment requirement), for subsection (2)(a) | |
there is substituted— | |
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