The Criminal Procedure Rules 2005

Variation of certain orders by a magistrates' court

50.3.—(1) An application to a magistrates' court for variation or discharge of any of the following orders shall be by complaint:

(a) A parenting order made under section 9(5) of the Crime and Disorder Act 1998;

(b) A parenting order made under paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000(1);

(c) a reparation order, under paragraph 5 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000; or

(d) an action plan order, under that paragraph.

(2) An application under paragraph (1)(b) above shall be made to the magistrates' court which made the order, and shall specify the reason why the applicant for variation or discharge believes the court should vary or discharge the order, as the case may be.

[Note. Formerly rule 114 of the Magistrates' Courts Rules 1981(2) and rule 9 of the Magistrates' Courts (Parenting Orders) Rules 2004.]

(1)

Paragraph 9D of Schedule 1 was inserted by paragraph 6 of Schedule 34 of the Criminal Justice Act 2003.

(2)

S.I. 1981/552; amended by S.I. 1998/2167; there are other amending instruments but none is relevant to this Part.