2(1)If it is proved to the satisfaction of the magistrates’ court before which an offender appears or is brought under paragraph 1 above that he has failed without reasonable excuse to attend as mentioned in sub-paragraph (1)(a) of that paragraph or has committed such a breach of rules as is mentioned in sub-paragraph (1)(b) of that paragraph, that court may deal with him in any one of the following ways—E+W
(a)it may impose on him a fine not exceeding £1,000;
(b)where the attendance centre order was made by a magistrates’ court, it may deal with him, 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 court which made the order if the order had not been made; or
(c)where the order was made by the Crown Court, it may commit him to custody or release him on bail until he can be brought or appear before the Crown Court.
(2)Any exercise by the court of its power under sub-paragraph (1)(a) above shall be without prejudice to the continuation of the order.
(3)A fine imposed under sub-paragraph (1)(a) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.
(4)Where a magistrates’ court deals with an offender under sub-paragraph (1)(b) above, it shall revoke the attendance centre order if it is still in force.
(5)In dealing with an offender under sub-paragraph (1)(b) above, a magistrates’ court—
(a)shall take into account the extent to which the offender has complied with the requirements of the attendance centre order; and
(b)in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in [F1section 152(2) of the Criminal Justice Act 2003].
[F2(5A)Where a magistrates' court dealing with an offender under sub-paragraph (1)(a) above would not otherwise have the power to amend the order under paragraph 5(1)(b) below (substitution of different attendance centre), that paragraph has effect as if references to an appropriate magistrates' court were references to the court dealing with the offender.]
(6)A person sentenced under sub-paragraph (1)(b) above for an offence may appeal to the Crown Court against the sentence.
(7)A magistrates’ court which deals with an offender’s case under sub-paragraph (1)(c) above shall send to the Crown Court—
(a)a certificate signed by a justice of the peace giving particulars of the offender’s failure to attend or, as the case may be, the breach of the rules which he has committed; and
(b)such other particulars of the case as may be desirable;
and a certificate purporting to be so signed shall be admissible as evidence of the failure or the breach before the Crown Court.
Textual Amendments
F1Words in Sch. 5 para. 2(5)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 126(b); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(34) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))
F2Sch. 5 para. 2(5A) inserted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 6(4); S.I. 2005/579, art. 3(d)