SCHEDULES

I1F1C1SCHEDULE 2 Enforcement etc. of Community Orders

Annotations:
Commencement Information
I1

Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Amendments (Textual)
F1

Sch. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Modifications etc. (not altering text)
C1

Sch. 2 applied (with modifications) (1.4.1996) by 1995 c. 46, ss. 234(5)(6), 309(2) (with ss. 24(2), 307(2))

Sch. 2 applied (with modifications) (30.9.1998) by 1998 c. 37, ss. 68(3), 70(5), Sch. 5 para. 5(4)(5); S.I. 1998/2327, arts. 2(1)(o)

Sch. 2 applied (with modifications) (30.9.1998) by 1969 c. 54, s. 16B (as inserted by 1998 c. 37, s. 119, Sch. 8 para. 21; S.I. 1998/2327, arts. 2(1)(y)(2)(i))

I2Part III Revocation of Order

Annotations:
Commencement Information
I2

Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2

Revocation of order with or without re-sentencing

I37

1

This paragraph applies where a relevant order F2made by a magistrates’ courtis in force in respect of any offender and, on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned F3or, where the relevant order is a drug treatment and testing order F4, to the magistrates’ court responsible for the order that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—

a

that the order should be revoked; or

b

that the offender should be dealt with in some other manner for the offence in respect of which the order was made.

F52

The court may—

a

revoke the order; or

b

revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

3

The circumstances in which a probation order F6or drug treatment and testing ordermay be revoked under sub-paragraph F7(2)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision F8or, as the case may be, treatment.

4

In dealing with an offender under sub-paragraph F9(2)(b)above, a magistrates’ court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

5

An offender sentenced under sub-paragraph F9(2)(b)above F10for an offence may appeal to the Crown Court against the sentence.

F116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

Where a magistrates’ court proposes to exercise its powers under 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.

8

No application may be made by the offender under sub-paragraph (1) above while an appeal against the relevant order is pending.

I48

F121

This paragraph applies where—

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 manner for the offence in respect of which the order was 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 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

F13b

revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner 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

The circumstances in which a probation order F14or drug treatment and testing order may be revoked under sub-paragraph (2)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision F15or, as the case may be, treatment.

4

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.

F168A

1

This paragraph applies where a probation order is in force in respect of any offender and on the application of the offender or the responsible officer F17to a magistrates’ court acting for the petty sessions area concerned (where the order was made by a magistrates’ court) or the Crown Court (where the order was made by the Crown Court) it appears to the courtthat, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—

a

for the probation order to be revoked; and

b

for an order to be made under section 1A(1)(b) of the 1973 Act discharging the offender conditionally for the offence for which the probation order was made.

2

No application may be made under paragraph 7 F18or 8above for a probation order to be revoked and replaced with an order for conditional discharge under section 1A(1)(b) of the 1973 Act; but otherwise nothing in this paragraph shall affect the operation of paragraphs 7 and 8 above.

3

Where this paragraph applies F19. . .—

a

F20the court dealing with the application may revoke the probation order and make an order under section 1A(1)(b) of the 1973 Act discharging the offender in respect of the offence for which the probation order was made, subject to the condition that he commits no offence during the period specified in the order under section 1A(1)(b); and

b

the period specified in the order under section 1A(1)(b) shall be the period beginning with the making of that order and ending with the date when the probation period specified in the probation order would have ended.

F214

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F215

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

For the purposes of F22sub-paragraph (3) above, subsection (1) of section 1A of the 1973 Act shall apply as if—

a

for the words from the beginning to “may make an order either” there were substituted the words “Where paragraph 8A of Schedule 2 to the M1Criminal Justice Act 1991 applies, the court which under sub-paragraph (3) F23. . . of that paragraph has power to dispose of the application may (subject to the provisions of that sub-paragraph) make an order in respect of the offender”; and

b

paragraph (a) of that subsection were omitted.

7

An application under this paragraph may be heard in the offender’s absence if—

a

the application is made by the responsible officer; and

b

that officer produces to the court a statement by the offender that he understands the effect of an order for conditional discharge and consents to the making of the application;

and where the application is so heard section 1A(3) of the 1973 Act shall not apply.

8

No application may be made under this paragraph while an appeal against the probation order is pending.

9

Without prejudice to paragraph 11 below, on the making of an order under section 1A(1)(b) of the 1973 Act by virtue of this paragraph the court shall forthwith give copies of the order to the responsible officer, and the responsible officer shall give a copy to the offender.

10

Each of sections 1(11), 2(9) and 66(4) of the Crime and Disorder Act 1998 (which prevent a court from making an order for conditional discharge in certain cases) shall have effect as if the reference to the court by or before which a person is convicted of an offence there mentioned included a reference to a court dealing with an application under this paragraph in respect of the offence.