Breach of order after warningE+W
6(1)If—E+W
(a)the responsible officer has given a warning under paragraph 5 to the offender in respect of a community order, and
(b)at any time within the twelve months beginning with the date on which the warning was given, the responsible officer is of the opinion that the offender has since that date failed without reasonable excuse to comply with any of the requirements of the order,
the officer [F1must refer the matter to an enforcement officer (see paragraph 6A).]
(2)In relation to any community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates' court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.
Textual Amendments
F1Words in Sch. 8 para. 6(1) substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 6(4); S.I. 2014/1287, art. 2(d)
Modifications etc. (not altering text)
C1Sch. 8 para. 6(1) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 184, 383, Sch. 5 paras. 2, 12; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C2Sch. 8 para. 6(1) modified by 2006 c. 52, Sch. 5 para. 12B (as substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 para. 6(3) (with s. 23(4)); S.I. 2014/1287, art. 2(e))
Commencement Information
I1Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)