Breach of requirements: application for summons or warrantU.K.
This section has no associated Explanatory Memorandum
101.—(1) An application by the responsible officer for a summons or a warrant under [paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the Act)] shall be made in writing to the court administration officer, specifying—
(a)the requirement of the order with which the offender is alleged to have failed to comply;
(b)the respect in which, and the date on which (or the dates between which) he is alleged to have failed to comply with that requirement;
(c)whether he has within the previous twelve months been given a warning under [paragraph 6 of Schedule 10 to the Sentencing Code] in respect of the order, and if so when and in what terms; and
(d)any grounds on which, to the responsible officer's knowledge, the offender is likely to rely as constituting a reasonable excuse for the alleged failure to comply.
(2) The court administration officer shall forward the application to the Judge Advocate General.
(3) The Judge Advocate General may—
(a)issue a summons under [paragraph 8A of Schedule 10 to the Sentencing Code] requiring the offender to appear before the court for proceedings under [paragraph 11] of that Schedule;
(b)issue a warrant under [paragraph 8A] of that Schedule for the offender's arrest;
(c)dismiss the application without a hearing; or
(d)direct a hearing of the application.
(4) If the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the responsible officer of the time and place appointed for the hearing.