Sentencing Act 2020

336 Variation or discharge of order

(1) A criminal behaviour order may be varied or discharged by the court which made it on the application of—

(a) the offender, or

(b) the prosecution.

(2) If an application by the offender under this section is dismissed, the offender may make no further application under this section without—

(a) the consent of the court which made the order, or

(b) the agreement of the prosecution.

(3) If an application by the prosecution under this section is dismissed, the prosecution may make no further application under this section without—

(a) the consent of the court which made the order, or

(b) the agreement of the offender.

(4) The power to vary an order includes power—

(a) to include an additional prohibition or requirement in the order, or

(b) to extend the period for which a prohibition or requirement has effect.

(5) Section 333 applies to additional requirements included under subsection (4) as it applies to requirements included in a new order.

(6) In the case of a criminal behaviour order made by a magistrates’ court, the references in this section to the court which made the order include a reference to any magistrates’ court acting in the same local justice area as that court.