PART 1E+WPreliminary
Meaning of particular expressions relating to an orderE+W
1(1)In this Schedule, in relation to a community order—E+W
“appropriate court” means—
(a)if the community order imposes a drug rehabilitation requirement which is subject to review, the court responsible for the order (see paragraph 4);
(aa)[F1if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order;]
(b)if the community order is a Crown Court community order [F2and does not fall within paragraph (aa)], the Crown Court;
(c)in any other case, a magistrates' court acting in the offender's home local justice area;
“treatment requirement”, in relation to a community order, means—
(a)a mental health treatment requirement of the order,
(b)a drug rehabilitation requirement of the order, or
(c)an alcohol treatment requirement of the order.
(2)In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.
Textual Amendments
F1Words in Sch. 10 para. 1 inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(2)(a)
F2Words in Sch. 10 para. 1 inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(2)(b)
Commencement Information
I1Sch. 10 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Enforcement officersE+W
2(1)In this Schedule, “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.E+W
(2)An enforcement officer must be an officer of a provider of probation services that is a public sector provider.
(3)In sub-paragraph (2) “public sector provider” means—
(a)a probation trust or other public body, or
(b)the Secretary of State.
Commencement Information
I2Sch. 10 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Community order subject to magistrates' court supervision and Crown Court orderE+W
3E+WIn this Schedule—
“community order subject to magistrates' court supervision” means a community order which—
(a)was made by a magistrates' court, or
(b)was made by the Crown Court and includes a direction under section 211 (order to be subject to magistrates' court supervision);
“Crown Court community order” means a community order which—
(a)was made by the Crown Court, and
(b)does not include a direction under that section.
Commencement Information
I3Sch. 10 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Requirements subject to reviewE+W
4E+WFor the purposes of this Schedule—
(a)a drug rehabilitation requirement of a community order is subject to review if it is subject to review in accordance with paragraph 21 of Schedule 9;
(b)a reference to the court responsible for a community order imposing a drug rehabilitation requirement which is subject to review is to the responsible court within the meaning of that paragraph.
Commencement Information
I4Sch. 10 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Orders made on appealE+W
5E+WA community order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.
Commencement Information
I5Sch. 10 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2