Part 6E+WSupplementary
24(1)... No application may be made under paragraph 13, 17 or 20, while an appeal against the community order is pending.E+W
(2)Sub-paragraph (1) does not apply to an application under paragraph 17 which—
(a)relates to a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement, and
(b)is made by [an officer of a provider of probation services] with the consent of the offender.
Textual Amendments
Commencement Information
25(1)Subject to sub-paragraph (2), where a court proposes to exercise its powers under Part 4 or 5 of this Schedule, otherwise than on the application of the offender, the court—E+W
(a)must summon him to appear before the court, and
(b)if he does not appear in answer to the summons, may issue a warrant for his arrest.
(2)This paragraph does not apply to an order cancelling a requirement of a community order or reducing the period of any requirement, or substituting a new [local justice area] or a new place for the one specified in the order..
Textual Amendments
Commencement Information
[25A(1)This paragraph applies to any hearing relating to an offender held by a magistrates' court in any proceedings under this Schedule.E+W
(2)The court may adjourn the hearing, and, where it does so, may—
(a)direct that the offender be released forthwith, or
(b)remand the offender.
(3)Where the court remands the offender under sub-paragraph (2)—
(a)it must fix the time and place at which the hearing is to be resumed, and
(b)that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.
(4)Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—
(a)it may fix the time and place at which the hearing is to be resumed, but
(b)if it does not do so, it must not resume the hearing unless it is satisfied that the offender and [any officer of a provider of probation services who the court thinks has an interest in the proceedings] have had adequate notice of the time and place for the resumed hearing.
(5)The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.
(6)This paragraph—
(a)applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but
(b)is not to be taken to affect the application of that section to hearings of any other description.]
26E+WParagraphs 9(1)(a), 10(1)(a) and 17(1)(b) have effect subject to the provisions mentioned in subsection (2) of section 177, and to subsections (3) and (6) of that section.
Modifications etc. (not altering text)
Commencement Information
27(1)On the making under this Schedule of an order revoking or amending a community order, the proper officer of the court must—E+W
(a)provide copies of the revoking or amending order to the offender and the responsible officer,
(b)in the case of an amending order which substitutes a new [local justice area], provide a copy of the amending order to—
[(i)a provider of probation services that is a public sector provider operating in that area, and]
(ii)the magistrates' court acting [in that area], and
(c)in the case of an amending order which imposes or amends a requirement specified in the first column of Schedule 14, provide a copy of so much of the amending order as relates to that requirement to the person specified in relation to that requirement in the second column of that Schedule[, and
(d)where the court acts for a petty sessions area other than the one specified in the order prior to the revocation or amendment, provide a copy of the revoking or amending order to a magistrates' court acting for the area so specified.]
(2)Where under sub-paragraph (1)(b) the proper officer of the court provides a copy of an amending order to a magistrates' court [acting in a different area], the officer must also provide to that court such documents and information relating to the case as it considers likely to be of assistance to a court [acting in that area] in the exercise of its functions in relation to the order.
(3)In this paragraph “proper officer” means—
(a)in relation to a magistrates' court, the [designated officer] for the court; and
(b)in relation to the Crown Court, the appropriate officer.
[(4)In this paragraph “public sector provider” means—
(a)a probation trust or other public body, or
(b)the Secretary of State.]
Textual Amendments
Modifications etc. (not altering text)
Commencement Information