No versions valid at: 01/01/2005
Point in time view as at 01/01/2005.
Criminal Justice Act 2003, Cross Heading: Cancellation of community requirements of suspended sentence order is up to date with all changes known to be in force on or before 01 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.
Yn ddilys o 04/04/2005
Prospective
13(1)Where at any time while a suspended sentence order is in force, it appears to the appropriate court on the application of the offender or the responsible officer that, having regard to the circumstances which have arisen since the order was made, it would be in the interests of justice to do so, the court may cancel the community requirements of the suspended sentence order.
(2)The circumstances in which the appropriate court may exercise its power under sub-paragraph (1) include the offender’s making good progress or his responding satisfactorily to supervision.
(3)In this paragraph “the appropriate court” means—
(a)in the case of a suspended sentence order which is subject to review, the court responsible for the order,
(b)in the case of a suspended sentence order which was made by the Crown Court and does not include any direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court, the Crown Court, and
(c)in any other case, a magistrates' court [F1acting in the local justice area] concerned.
Textual Amendments
F1Words in Sch. 12 para. 13(3)(c) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 110(d)
13(1)Where at any time while a suspended sentence order is in force, it appears to the appropriate court on the application of the offender or the responsible officer that, having regard to the circumstances which have arisen since the order was made, it would be in the interests of justice to do so, the court may cancel the community requirements of the suspended sentence order.
(2)The circumstances in which the appropriate court may exercise its power under sub-paragraph (1) include the offender’s making good progress or his responding satisfactorily to supervision.
(3)In this paragraph “the appropriate court” means—
(a)in the case of a suspended sentence order which is subject to review, the court responsible for the order,
(b)in the case of a suspended sentence order which was made by the Crown Court and does not include any direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court, the Crown Court, and
(c)in any other case, a magistrates' court acting for the petty sessions area concerned.
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