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Criminal Justice Act 2003

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Changes over time for: Paragraph 15

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No versions valid at: 01/01/2005

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Criminal Justice Act 2003, Paragraph 15 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. Help about Changes to Legislation

Yn ddilys o 04/04/2005

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15(1)The home court may exercise any power under Part 3 of Schedule 12 (amendment of suspended sentence order) as if it were the original court, except that the home court may not exercise the power conferred by paragraph 15(4) of that Schedule.

(2)Where paragraph 15(4) of Schedule 12 applies the home court must require the offender to appear before the original court.

(3)Subject to sub-paragraph (4), where the home court proposes to exercise the power conferred by paragraph 15(1) of Schedule 12, otherwise than on the application of the offender, the court—

(a)if it is in Scotland—

(i)must issue a citation requiring the offender to appear before it, and

(ii)if he does not appear in answer to the citation, may issue a warrant for the offender’s arrest;

(b)if it is in Northern Ireland—

(i)must issue a summons requiring the offender to appear before it, and

(ii)if he does not appear in answer to the summons, may issue a warrant for the offender’s arrest;

and paragraph 20 of Schedule 12 does not apply to the home court.

(4)Sub-paragraph (3) does not apply to an order cancelling any community requirement of a suspended sentence order.

(5)Where the home court is considering amending a suspended sentence order, any reference in Chapter 4 of Part 12 of this Act to a local probation board has effect as a reference to a local authority in Scotland or, as the case may be, the Probation Board for Northern Ireland.

Commencement Information

I1Sch. 13 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 35 (subject to art. 2(2), Sch. 2)

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