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(5) Sections 130 and 138 of the Criminal Justice Act 2003 (restrictions | |
and procedural requirements for community sentences) do not | |
apply in relation to a curfew order made by virtue of paragraph | |
4(2)(a) or 5(2)(a) above. | |
Attendance centre orders imposed for breach of relevant order | 5 |
8 (1) Section 60(1) of this Act (attendance centre orders) shall apply for | |
the purposes of paragraphs 4(2)(b) and 5(2)(b) above as if for the | |
words from the beginning to “the court may,” there were | |
substituted “Where a court has power to deal with an offender | |
under Part 2 of Schedule 3 to this Act for failure to comply with | 10 |
any of the requirements of a relevant order, the court may,”. | |
(2) The following provisions of this Act, namely— | |
(a) subsections (3) to (11) of section 60, and | |
(b) so far as applicable, section 36B and Schedule 5, | |
have effect in relation to an attendance centre order made by | 15 |
virtue of paragraph 4(2)(b) or 5(2)(b) above as they have effect in | |
relation to any other attendance centre order, but as if there were | |
omitted from each of paragraphs 2(1)(b), 3(1) and 4(3) of Schedule | |
5 the words “, for the offence in respect of which the order was | |
made,” and “for that offence”. | 20 |
(3) Sections 130 and 138 of the Criminal Justice Act 2003 (restrictions | |
and procedural requirements for community sentences) do not | |
apply in relation to an attendance centre order made by virtue of | |
paragraph 4(2)(b) or 5(2)(b) above. | |
Supplementary | 25 |
9 Any exercise by a court of its powers under paragraph 4(2)(a) or | |
(b) or 5(2)(a) or (b) above shall be without prejudice to the | |
continuance of the relevant order. | |
Part 3 | |
Revocation of order | 30 |
Revocation of order with or without re-sentencing: powers of magistrates’ court | |
10 (1) This paragraph applies where a relevant order made by a | |
magistrates’ court is in force in respect of any offender and on the | |
application of the offender or the responsible officer it appears to | |
the appropriate magistrates’ court that, having regard to | 35 |
circumstances which have arisen since the order was made, it | |
would be in the interests of justice— | |
(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. | 40 |
(2) In this paragraph “the appropriate magistrates’ court” means a | |
magistrates’ court acting for the petty sessions area concerned. | |
(3) The appropriate magistrates’ court may— | |
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(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 order was made, in any way in which he | 5 |
could have been dealt with for that offence by the | |
court which made the order if the order had not | |
been made. | |
(4) In dealing with an offender under sub-paragraph (3)(b) above, a | |
magistrates’ court shall take into account the extent to which the | 10 |
offender has complied with the requirements of the relevant | |
order. | |
(5) A person sentenced under sub-paragraph (3)(b) above for an | |
offence may appeal to the Crown Court against the sentence. | |
(6) Where a magistrates’ court proposes to exercise its powers under | 15 |
this paragraph otherwise than on the application of the offender, | |
it shall 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- | 20 |
paragraph (1) above while an appeal against the relevant order is | |
pending. | |
Revocation of order with or without re-sentencing: powers of Crown Court on | |
conviction etc. | |
11 (1) This paragraph applies where— | 25 |
(a) a relevant order made by the Crown Court is in force in | |
respect of an offender and 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 | 30 |
made; or | |
(b) an offender in respect of whom a relevant order is in force | |
is convicted of an offence before the Crown Court or, | |
having been committed by a magistrates’ court to the | |
Crown Court for sentence, is brought or appears before the | 35 |
Crown Court. | |
(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 | 40 |
(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 he | |
could have been dealt with for that offence by the | 45 |
court which made the order if the order had not | |
been made. | |
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(3) In dealing with an offender under sub-paragraph (2)(b) above, the | |
Crown Court shall take into account the extent to which the | |
offender has complied with the requirements of the relevant | |
order. | |
Revocation following custodial sentence by magistrates’ court unconnected with | 5 |
order | |
12 (1) This paragraph applies where— | |
(a) an offender in respect of whom a relevant order is in force | |
is convicted of an offence by a magistrates’ court | |
unconnected with the order; | 10 |
(b) the court imposes a custodial sentence on the offender; and | |
(c) it appears to the court, on the application of the offender or | |
the responsible officer, 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 order | 15 |
was made. | |
(2) In sub-paragraph (1) above “a magistrates’ court unconnected | |
with the order” means a magistrates’ court not acting for the petty | |
sessions area concerned. | |
(3) The court may- | 20 |
(a) if the order was made by a magistrates’ court, revoke it; | |
(b) if the order was made by the Crown Court, commit the | |
offender in custody or release him on bail until he can be | |
brought or appear before the Crown Court. | |
(4) Where the court deals with an offender’s case under sub- | 25 |
paragraph (3)(b) above, it shall send to the Crown Court such | |
particulars of the case as may be desirable. | |
13 Where by virtue of paragraph 12(3)(b) above an offender is | |
brought or appears before the Crown Court and it appears to the | |
Crown Court to be in the interests of justice to do so, having regard | 30 |
to circumstances which have arisen since the relevant order was | |
made, the Crown Court may revoke the order. | |
Supplementary | |
14 (1) On the making under this Part of this Schedule of an order | |
revoking a relevant order, the proper officer of the court shall | 35 |
forthwith give copies of the revoking order to the responsible | |
officer. | |
(2) In sub-paragraph (1) above “proper officer” means— | |
(a) in relation to a magistrates’ court, the justices’ chief | |
executive for the court; and | 40 |
(b) in relation to the Crown Court, the appropriate officer. | |
(3) A responsible officer to whom in accordance with sub-paragraph | |
(1) above copies of a revoking order are given shall give a copy to | |
the offender and to the person in charge of any institution in which | |
the offender was required by the order to reside. | 45 |
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Part 4 | |
Amendment of order | |
Amendment by reason of change of residence | |
15 (1) This paragraph applies where, at any time while a relevant order | |
is in force in respect of an offender, a magistrates’ court acting for | 5 |
the petty sessions area concerned is satisfied that the offender | |
proposes to change, or has changed, his residence from that petty | |
sessions area to another petty sessions area. | |
(2) Subject to sub-paragraph (3) below, the court may, and on the | |
application of the responsible officer shall, amend the relevant | 10 |
order by substituting the other petty sessions area for the area | |
specified in the order or, in the case of a curfew order, a place in | |
that other area for the place so specified. | |
(3) The court shall not amend under this paragraph a curfew order | |
which contains requirements which, in the opinion of the court, | 15 |
cannot be complied with unless the offender continues to reside in | |
the petty sessions area concerned unless, in accordance with | |
paragraph 16 below, it either— | |
(a) cancels those requirements; or | |
(b) substitutes for those requirements other requirements | 20 |
which can be complied with if the offender ceases to reside | |
in that area. | |
Amendment of requirements of order | |
16 (1) Without prejudice to the provisions of paragraph 15 above but | |
subject to the following provisions of this paragraph, a | 25 |
magistrates’ court acting for the petty sessions area concerned | |
may, on the application of an eligible person, by order amend a | |
relevant order— | |
(a) by cancelling any of the requirements of the order; or | |
(b) by inserting in the order (either in addition to or in | 30 |
substitution for any of its requirements) any requirement | |
which the court could include if it were then making the | |
order. | |
(2) A magistrates’ court shall not under sub-paragraph (1) above | |
amend a curfew order by extending the curfew periods beyond | 35 |
the end of six months from the date of the original order. | |
(3) A magistrates’ court shall not under sub-paragraph (1) above | |
amend an exclusion order by extending the period for which the | |
offender is prohibited from entering the place in question beyond | |
the end of three months from the date of the original order. | 40 |
(4) For the purposes of this paragraph the eligible persons are— | |
(a) the offender; | |
(b) the responsible officer; and | |
(c) in relation to an exclusion order, any affected person. | |
But an application under sub-paragraph (1) by a person such as is | 45 |
mentioned in paragraph (c) above must be for the cancellation of | |
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a requirement which was included in the order by virtue of his | |
consent or for the purpose (or partly for the purpose) of protecting | |
him from being approached by the offender, or for the insertion of | |
a requirement which will, if inserted, be such a requirement. | |
Supplementary | 5 |
17 No order may be made under paragraph 15 above, and no | |
application may be made under paragraph 16 above, while an | |
appeal against the relevant order is pending. | |
18 (1) Subject to sub-paragraph (2) below, where a court proposes to | |
exercise its powers under this Part of this Schedule, otherwise than | 10 |
on the application of the offender, the court— | |
(a) shall 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 shall not apply to an order cancelling a | 15 |
requirement of a relevant order or reducing the period of any | |
requirement, or to an order under paragraph 15 above | |
substituting a new petty sessions area or a new place for the one | |
specified in a relevant order. | |
19 (1) On the making under this Part of this Schedule of an order | 20 |
amending a relevant order, the justices’ chief executive for the | |
court shall forthwith— | |
(a) if the order amends the relevant order otherwise than by | |
substituting, by virtue of paragraph 15 above, a new petty | |
session area or a new place for the one specified in the | 25 |
relevant order, give copies of the amending order to the | |
responsible officer; | |
(b) if the order amends the relevant order in the manner | |
excepted by paragraph (a) above, send to the chief | |
executive to the justices for the new petty sessions area or, | 30 |
as the case may be, for the petty sessions area in which the | |
new place is situated— | |
(i) copies of the amending order; and | |
(ii) such documents and information relating to the | |
case as he considers likely to be of assistance to a | 35 |
court acting for that area in the exercise of its | |
functions in relation to the order; | |
and in a case falling within paragraph (b) above the chief executive | |
of the justices for that area shall give copies of the amending order | |
to the responsible officer. | 40 |
(2) A responsible officer to whom in accordance with sub-paragraph | |
(1) above copies of an order are given shall give a copy to the | |
offender and to the person in charge of any institution in which the | |
offender is or was required by the order to reside.” | |
115 In Schedule 5 (breach, revocation and amendment of attendance centre | 45 |
orders)— | |
(a) in paragraph 1(1)(b), for “section 62(3) of this Act” there is | |
substituted “section 204(1)(d) or (e) of the Criminal Justice Act 2003”, | |
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(b) in paragraph 2(5)(b), for “section 79(2) of this Act” there is | |
substituted “section 134(2) of the Criminal Justice Act 2003”, and | |
(c) in paragraph 3(3)(b), for “section 79(2) of this Act” there is | |
substituted “section 134(2) of the Criminal Justice Act 2003”. | |
116 In Schedule 6 (requirements which may be included in supervision | 5 |
orders)— | |
(a) in paragraph 2(7)(a), after the word “other” there is inserted “youth | |
community order or any”, and | |
(b) in paragraph 3(6)(a), for “community order” there is substituted | |
“youth community order”. | 10 |
117 In Schedule 7 (breach, revocation and amendment of supervision orders)— | |
(a) in paragraph 3— | |
(i) in sub-paragraph (2), for “sub-paragraphs (4) and (5)” there is | |
substituted “sub-paragraph (5)”, | |
(ii) in sub-paragraph (3), for “Sections 35 and 36 of this Act” there | 15 |
is substituted “Sections 130 and 138 of the Criminal Justice | |
Act 2003”, | |
(iii) sub-paragraph (4) is omitted, and | |
(iv) in sub-paragraph (5)(a), for the words from the beginning to | |
“and” there is substituted “the power conferred on the court | 20 |
by each of paragraphs 4(2)(c) and”, and | |
(b) in paragraph 4(3), for “Sections 35 and 36 of this Act” there is | |
substituted “Sections 130 and 138 of the Criminal Justice Act 2003”. | |
118 In Schedule 8 (breach, revocation and amendment of action plan orders and | |
reparation orders)— | 25 |
(a) in paragraph 3— | |
(i) in sub-paragraph (2), for “sub-paragraphs (4) and (5)” there is | |
substituted “sub-paragraph (5)”, | |
(ii) in sub-paragraph (3), for “Sections 35 and 36 of this Act” there | |
is substituted “Sections 130 and 138 of the Criminal Justice | 30 |
Act 2003”, | |
(iii) sub-paragraph (4) is omitted, and | |
(iv) in sub-paragraph (5)(a), for the words from the beginning to | |
“and” there is substituted “The power conferred on the court | |
by each of paragraphs 4(2)(c) and”, and | 35 |
(b) in paragraph 4(3), for “Sections 35 and 36 of this Act” there is | |
substituted “Sections 130 and 138 of the Criminal Justice Act 2003”. | |
Child Support, Pensions and Social Security Act 2000 (c. 19) | |
119 The Child Support, Pensions and Social Security Act 2000 is amended as | |
follows. | 40 |
120 (1) Section 62 (loss of benefit for breach of community order) is amended as | |
follows. | |
(2) In subsection (8), for the definition of “relevant community order” there is | |
substituted— | |
““relevant community order” means— | 45 |
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(a) a community order made under section 159 of the | |
Criminal Justice Act 2003; or | |
(b) any order falling in England or Wales to be treated as | |
such an order.” | |
(3) In subsection (11)(c)(ii), for “to (e)” there is substituted “and (b)”. | 5 |
121 In section 64 (information provision), in subsection (6)(a), after “community | |
orders” there is inserted “(as defined by section 159 of the Criminal Justice | |
Act 2003)”. | |
Criminal Justice and Court Services Act 2000 (c. 43) | |
122 The Criminal Justice and Court Services Act 2000 is amended as follows. | 10 |
123 In section 1 (purposes of Chapter 1 of Part 1 of the Act), in subsection (2)— | |
(a) in paragraph (a), after “community orders” there is inserted “(as | |
defined by section 159 of the Criminal Justice Act 2003)”, and | |
(b) after paragraph (c) there is inserted— | |
“(d) giving effect to suspended sentence orders (as | 15 |
defined by section 171 of the Criminal Justice Act | |
2003).” | |
124 (1) Section 62 (release on licence etc: conditions as to monitoring) is amended as | |
follows. | |
(2) For subsection (3) there is substituted— | 20 |
“(3) In relation to a prisoner released under section 228 of the Criminal | |
Justice Act 2003 (power to release prisoners on licence before | |
required to do so), the monitoring referred to in subsection (2)(a) | |
does not include the monitoring of his compliance with conditions | |
imposed under section 235 of that Act (curfew condition).” | 25 |
(3) In subsection (5) after paragraph (e) there is inserted “, and | |
(f) a sentence of detention under section 208 or 210 of the | |
Criminal Justice Act 2003”. | |
125 In section 69 (duties of local probation boards in connection with victims of | |
certain offences), in subsection (8), for paragraph (a) there is substituted— | 30 |
“(a) murder or an offence specified in Schedule 14 to the Criminal | |
Justice Act 2003,”. | |
126 In section 70 (general interpretation), in subsection (5), for the words “any | |
community order” there is substituted “a curfew order, an exclusion order, | |
a community rehabilitation order, a community punishment order, a | 35 |
community punishment and rehabilitation order, a drug treatment and | |
testing order, a drug abstinence order, an attendance centre order, a | |
supervision order or an action plan order”. | |
International Criminal Court Act 2001 (c. 17) | |
127 (1) Schedule 7 to the International Criminal Court Act 2001 (domestic | 40 |
provisions not applicable to ICC prisoners), is amended as follows. | |
(2) In paragraph 2(1), for paragraph (d) there is substituted— | |
“(d) section 222 of the Criminal Justice Act 2003 (crediting of | |
periods of remand in custody).” | |
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