Chwilio Deddfwriaeth

Criminal Justice Act 2003

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Cross Heading: Amendment of requirements of community order

 Help about opening options

No versions valid at: 01/01/2005

Status:

Point in time view as at 01/01/2005. This version of this cross heading contains provisions that are not valid for this point in time. Help about Status

Changes to legislation:

Criminal Justice Act 2003, Cross Heading: Amendment of requirements of community 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. Help about Changes to Legislation

Yn ddilys o 04/04/2005

Amendment of requirements of community orderE+W

17(1)The appropriate court may, on the application of the offender or the responsible officer, by order amend a community order—

(a)by cancelling any of the requirements of the order, or

(b)by replacing any of those requirements with a requirement of the same kind, which the court could include if it were then making the order.

(2)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.

(3)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 community order, and

(b)deal with him, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made.

(4)In dealing with the offender under sub-paragraph (3)(b), the court—

(a)must take into account the extent to which the offender has complied with the requirements of the order, and

(b)may impose a custodial sentence (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 152(2).

(5)Paragraph 12 applies for the purposes of this paragraph as it applies for the purposes of paragraph 9, but as if for the words “paragraph 9(1)(b)” there were substituted “ paragraph 17(3)(b) ”.

(6)In this paragraph “the appropriate court” has the same meaning as in paragraph 16.

Modifications etc. (not altering text)

C1Sch. 8 para. 17 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 184, 383, Sch. 5 para. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2Sch. 8 para. 17(3)(b) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 383, Sch. 5 para. 8(1); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C3Sch. 8 para. 17(4)(b) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 383, Sch. 5 para. 8(4); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

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)

Yn ôl i’r brig

Options/Cymorth