Domestic Violence, Crime and Victims Act 2004

6 (1) Schedule 5 to the Sentencing Act (breach, revocation and amendment of attendance centre orders) is amended as follows. E+W

(2) In paragraph 1(1) (issue of summons or warrant by justice of the peace), omit the words—

(a) “acting for a relevant [F1 local justice area]”;

(b) “before a magistrates' court [F2 acting in the area]”;

(c) “requiring him to be brought before such a court”.

(3) For paragraph 1(2) substitute—

“(2) Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought—

(a) before a magistrates' court [F3 acting in the local justice area] in which the offender resides; or

(b) if it is not known where the offender resides, before a magistrates' court [F3 acting in the local justice area] in which is situated the attendance centre which the offender is required to attend by the order or by virtue of an order under paragraph 5(1)(b) below.”

(4) In paragraph 2 (powers of magistrates' court to deal with breach), after sub-paragraph (5) insert—

“(5A) Where a magistrates' court dealing with an offender under sub-paragraph (1)(a) above would not otherwise have the power to amend the order under paragraph 5(1)(b) below (substitution of different attendance centre), that paragraph has effect as if references to an appropriate magistrates' court were references to the court dealing with the offender.”

Textual Amendments

F1 Words in Sch. 5 para. 6(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(d)(i)}

F2 Words in Sch. 5 para. 6(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(d)(i)}

F3 Words in Sch. 5 para. 6(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(d)(ii)}