Crime and Disorder Act 1998

38(1)In subsection (1) of section 19 of the 1982 Act (breaches of attendance centre orders or attendance centre rules), for the words “has been made” there shall be substituted the words “is in force”.

(2)In subsection (5) of that section, after the word “failed” there shall be inserted the words “without reasonable excuse”.

(3)After subsection (7) of that section there shall be added the following subsections—

(8)Where an offender has been ordered to attend at an attendance centre in default of the payment of a sum of money or for such a failure or abstention as is mentioned in section 17(1)(a) above, subsections (3) and (5) above shall have effect in relation to the order as if the words “, for the offence in respect of which the order was made,” and “for that offence” were omitted.

(9)Where an attendance centre order has been made on appeal, for the purposes of this section it shall be deemed—

(a)if it was made on an appeal brought from a magistrates' court, to have been made by that magistrates' court;

(b)if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;

and, in relation to an attendance centre order made on appeal, subsection (3)(a) above shall have effect as if the words “if the order had not been made” were omitted and subsection (5) above shall have effect as if the words “if it had not made the order” were omitted.