18(1)This paragraph applies where, at any time while a relevant order (other than a drug treatment and testing order) is in force in respect of an offender, a magistrates’ court [F1acting in the local justice area] concerned is satisfied that the offender proposes to change, or has changed, his residence from that [F2local justice area] to another [F2local justice area] .E+W
(2)Subject to sub-paragraphs (3) to (5) below, the court may, and on the application of the responsible officer shall, amend the relevant order by substituting the other [F2local justice 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 [F3community rehabilitation] or curfew order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the [F2local justice area] concerned unless, in accordance with paragraph 19 below, it either—
(a)cancels those requirements; or
(b)substitutes for those requirements other requirements which can be complied with if the offender ceases to reside in that area.
(4)Sub-paragraph (3) above applies also in relation to a [F4community punishment and rehabilitation order]whose [F5community rehabilitation element] contains requirements such as are mentioned in that sub-paragraph.
(5)The court shall not amend a [F6community punishment order] or [F4community punishment and rehabilitation order] under this paragraph unless it appears to the court that provision can be made for the offender to perform work under the order under the arrangements which exist for persons who reside in the other [F2local justice area] to perform work under such orders.
(6)Where—
(a)the court amends a [F7community rehabilitation, community punishment or community punishment and rehabilitation] order under this paragraph,
(b)a local authority is specified in the order in accordance with section 41(5) or 46(9) of this Act, and
(c)the change, or proposed change, of residence also is or would be a change of residence from the area of that authority to the area of another such authority,
the court shall further amend the order by substituting the other authority for the authority specified in the order.
(7)In sub-paragraph (6) above “local authority” has the meaning given by section 42 of the M1Crime and Disorder Act 1998, and references to the area of a local authority shall be construed in accordance with that section.
Textual Amendments
F1Words in Sch. 3 para. 18(1) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 82(d)(i)
F2Words in Sch. 3 para. 18(1)(2)(3)(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 82(d)(ii)
F3Words in Sch. 3 para. 18(3) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(20)(a); S.I. 2001/919, art. 2(f)(iv)
F4Words in Sch. 3 para. 18(4)(5) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 3(1)(a)(2); S.I. 2001/919, art. 2(f)(i)
F5Words in Sch. 3 para. 18(4) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(3); S.I. 2001/919, art. 2(f)(iv)
F6Words in Sch. 3 para. 18(5) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 2(1)(a)(2); S.I. 2001/919, art. 2(f)(i)
F7Words in Sch. 3 para. 18(6)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(20)(b); S.I. 2001/919, art. 2(f)(iv)
Marginal Citations