SCHEDULES
F2SCHEDULE 1ABREACH, REVOCATION AND AMENDMENT OF REPARATION ORDERS, COMMUNITY RESPONSIBILITY ORDERS AND YOUTH CONFERENCE ORDERS
F1Re-sentencing for breach
4
1
Where the relevant order was made by a magistrates' court, the appropriate court may (instead of making an order under paragraph 3)—
a
revoke the order (if it is still in force); and
b
deal with the offender, for the offence in respect of which it was made, in any way in which it could deal with him if he had just been found guilty of the offence by the court.
2
Where the relevant order was made by the Crown Court, the appropriate court may (instead of making an order under paragraph 3) commit the offender to custody or release him on bail until he can be brought or appear before the Crown Court.
3
Where the appropriate court deals with an offender under sub-paragraph (2), it must send to the Crown Court a certificate signed by a resident magistrate giving—
a
particulars of the offender's failure to comply with the requirement in question; 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.
4
Where it is proved to the satisfaction of the Crown Court that an offender brought or appearing before the court by virtue of sub-paragraph (2) has failed to comply with the requirement in question, the court may—
a
revoke the order (if it is still in force); and
b
deal with the offender, for the offence in respect of which it was made, in any way in which it could deal with him if he had just been found guilty of the offence by or before the court.
5
In proceedings before the Crown Court under sub-paragraph (4) any question whether the offender has failed to comply with the requirements of the relevant order is to be determined by the Crown Court and not by the verdict of a jury.
6
In dealing under this paragraph with an offender who has wilfully and persistently failed to comply with a requirement, the court may assume that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent or a youth conference order.
2002 c. 26