Version Superseded: 01/06/2014
Point in time view as at 04/04/2005.
Criminal Justice Act 2003, Cross Heading: Amendment of community requirements of suspended sentence order is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
15(1)At any time during the supervision period, the appropriate court may, on the application of the offender or the responsible officer, by order amend any community requirement of a suspended sentence order—U.K.
(a)by cancelling the requirement, or
(b)by replacing it with a requirement of the same kind, which the court could include if it were then making the order.
(2)For the purposes of sub-paragraph (1)—
(a)a requirement falling within any paragraph of section 190(1) is of the same kind as any other requirement falling within that paragraph, and
(b)an electronic monitoring requirement is a requirement of the same kind as any requirement falling within section 190(1) to which it relates.
(3)The court may not under this paragraph amend a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended.
(4)If the offender fails to express his willingness to comply with a mental health treatment requirement, drug rehabilitation requirement or alcohol treatment requirement as proposed to be amended by the court under this paragraph, the court may—
(a)revoke the suspended sentence order and the suspended sentence to which it relates, and
(b)deal with him, for the offence in respect of which the suspended sentence was imposed, in any way in which it could deal with him if he had just been convicted by or before the court of the offence.
(5)In dealing with the offender under sub-paragraph (4)(b), the court must take into account the extent to which the offender has complied with the requirements of the order.
(6)In this paragraph “the appropriate court” has the same meaning as in paragraph 13.
Modifications etc. (not altering text)
C1Sch. 12 para. 15 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 205(2), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 (as amended (temp.) (24.4.2009 for certain purposes, otherwise 31.10.2009) by S.I. 2009/1059, arts. 1(3), 206, Sch. 2 paras. 3(d), 14(3)(d))
Commencement Information
I1Sch. 12 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 34 (subject to art. 2(2), Sch. 2)
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