Criminal Justice Act 2003

Issue of summons or warrant by justice of the peace

6 (1) This paragraph applies to—

(a) a suspended sentence order made by a magistrates' court, or

(b) any suspended sentence order which was made by the Crown Court and includes a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court.

(2) If at any time while a suspended sentence order to which this paragraph applies is in force it appears on information to a justice of the peace acting for the petty sessions area concerned that the offender has failed to comply with any of the community requirements of the order, the justice may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for his arrest.

(3) Any summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a) in the case of a suspended sentence order which is subject to review, before the court responsible for the order,

(b) in any other case, before a magistrates' court acting for the petty sessions area concerned.

(4) Where a summons issued under sub-paragraph (2)(a) requires the offender to appear before a magistrates' court and the offender does not appear in answer to the summons, the magistrates' court may issue a warrant for the arrest of the offender.