Sentencing Act 2020

Powers of magistrates’ court

10 (1) This paragraph applies where—

(a) an offender appears or is brought before a magistrates’ court under paragraph 8, and

(b) it is proved to the satisfaction of the court that the offender has breached a requirement of the community order without reasonable excuse.

(2) The court must deal with the case under sub-paragraph (5).

(3) But if the community order was made by the Crown Court, the court may instead—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(4) If the court deals with the offender’s case under sub-paragraph (3), it must send the Crown Court—

(a) a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the community order in the respect specified in the certificate, and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(5) Where the court deals with the case under this sub-paragraph, it must deal with the offender in respect of the breach in any one of the following ways—

(a) by ordering the offender to pay a fine not exceeding £2,500;

(b) by amending the terms of the community order so as to impose more onerous requirements which the court could include if it had just convicted the offender of the offence in respect of which the order was made and were then making the order;

(c) if the community order was made by a magistrates’ court, by re-sentencing the offender for the offence in respect of which the order was made.

(6) Where the court deals with the case under sub-paragraph (5), the criminal courts charge duty (see section 46) applies to the court.

(7) In dealing with the offender under sub-paragraph (5), the court must take into account the extent to which the offender has complied with the requirements of the community order.

(8) A fine imposed under sub-paragraph (5)(a) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction.

(9) Where—

(a) the offender has wilfully and persistently breached the requirements of the community order, and

(b) the court is dealing with the offender under sub-paragraph (5)(c),

the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restriction on imposing discretionary custodial sentences).

(10) Where the court deals with the offender under sub-paragraph (5)(c), it must revoke the community order if it is still in force.

(11) A person sentenced under sub-paragraph (5)(c) for an offence may appeal to the Crown Court against—

(a) the sentence, and

(b) a criminal courts charge order made when imposing that sentence.