Powers of Criminal Courts Act 1973 (repealed)

Section 5.

SCHEDULE 1 E+W Discharge and Amendment of Probation Orders

Discharge E+W

1 (1) A probation order may be discharged, in accordance with the following provisions of this paragraph, on an application made by the probation officer or by the probationer.

[F1 (1A) No application may be made under sub-paragraph (1) above while an appeal against the probation order is pending.]

(2) Where the probation order was made by the court by or before which the probationer was convicted, or on appeal [F2 or by the Crown Court, where a magistrates’ has committed an offender to it for sentence, or by a magistrates’ court to which the offender has been remitted for sentence under section 39 of the Magistrates’ Courts Act 1980,] the power to discharge the order shall, subject to sub-paragraph (3) below, be exercised by the supervising court.

(3) Where the court before which the probationer was convicted or the court from which the appeal is brought is the Crown Court [F3 or where the Crown Court made the order following the offenders’ committal to it for sentence by a magistrates’ court] and there is included in the order a direction that the power be reserved to that court, the power to discharge the order shall be exercised by the Crown Court.

(4) In any other case the power to discharge the order shall be exercised by the court by which the order was made.

Textual Amendments

F1 Sch. 1 para. 1(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 66(3)(b)(i)

F2 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 5(a)

F3 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 5(b)

Amendment E+W

2 (1) Subject to sub-paragraph (2) below, if the supervising court is satisfied that a probationer proposes to change, or has changed his residence from the petty sessions area named in the probation order to another petty sessions area, the court may, and on the application of the probation officer shall, by order amend the probation order by substituting for the petty sessions area named in the order the petty sessions area where the probationer proposes to reside or is residing.

[F4 (1A) No order may be made under sub-paragraph (1) above while an appeal against the probation order is pending.]

(2) If the probation order contains requirements which, in the opinion of the court, cannot be complied with unless the probationer continues to reside in the area named in the order, the court shall not amend the order under this paragraph unless, in accordance with the following provisions of this Schedule, it cancels those requirements or substitutes for those requirements other requirements which can be complied with if the probationer ceases to reside in that area.

(3) Where a probation order is amended under this paragraph, the old supervising court shall send to the clerk to the justices for the new area named in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to the new supervising court.

Textual Amendments

F4 Sch. 1 para. 2(1A) inserted by Criminal Justice Act 1982 (c.48, SIF 39:1), s. 66(3)(b)(ii)

3 (1) Without prejudice to the provisions of paragraph 2 above, but subject to sub-paragraph (2) below, the supervising court may, on an application made by the probation officer or by the probationer, by order amend a probation order by cancelling any of the requirements of the order or by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include under section 2, 3 [F5 , 4A or 4B] of this Act if it were then making the order.

[F6 (1A) No application may be made under sub-paragraph (1) above while an appeal against the probation order is pending.]

(2) The power of the supervising court under this paragraph to amend a probation order shall be subject to the following restrictions—

(a) the court shall not amend a probation order by reducing the probation period, or by extending that period beyond the end of three years from the date of the original order;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 ;

(c) the court shall not amend a probation order by inserting therein a requirement that the probationer shall submit to treatment for his mental condition unless the amending order is made within three months after the date of the original order.

Textual Amendments

F5 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 5(c)

F6 Sch. 1 para. 3(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 66(3)(b)(i)

F7 Sch. 1 para. 3(2)(b) repealed by Criminal Law Act 1977 (c. 45), Sch. 13

4 [F8 Subject to paragraph 4A below, where] the medical practitioner by whom or under whose direction a probationer is being treated for his mental condition in pursuance of any requirement of the probation order is of opinion—

(a) that the treatment of the probationer should be continued beyond the period specified in that behalf in the order, or

(b) that the probationer needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of a probation order, or

(c) that the probationer is not susceptible to treatment, or

(d) that the probationer does not require further treatment,

or where the practitioner is for any reason unwilling to continue to treat or direct the treatment of the probationer, he shall make a report in writing to that effect to the probation officer and the probation officer shall apply to the supervising court for the variation or cancellation of the requirement.

Textual Amendments

F8 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 66(3)(b)(iii)

[F9 4A No application may be made under paragraph 4 above while an appeal against the probation order is pending.]

Textual Amendments

F9 Sch. 1 para. 4A inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 66(3)(b)(iv)

General E+W

5 (1) Subject to sub-paragraph (2) below, where the supervising court proposes to amend a probation order under this Schedule, otherwise than on the application of the probationer, it shall summon him to appear before the court; and the court shall not amend a probation order unless the probationer expresses his willingness to comply with the requirements of the order as amended.

(2) This paragraph shall not apply to an order cancelling a requirement of the probation order or reducing the period of any requirement, or substituting a new petty sessions area for the area named in the probation order.

6 (1) On the making of an order discharging or amending a probation order, the clerk to the court shall forthwith—

(a) if the order discharges the probation order or amends it otherwise than by substituting a new petty sessions area for the area named in the probation order, give copies of the discharging or amending order to the probation officer;

(b) if the order amends the probation order in the manner excepted by head (a) above, send copies of the amending order to the clerk to the justices for the new petty sessions area;

and in a case falling within head (b) above the clerk to the justices for the new petty sessions area shall give copies of the amending order to the probation officer.

(2) A probation officer to whom in accordance with sub-paragraph (1) above copies of an order are given shall give a copy to the probationer and to the person in charge of any institution in which the probationer is or was required by the order to reside.

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

7

Textual Amendments

F10 Sch. 1 para. 7 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16