SCHEDULES

I1F1C1SCHEDULE 2 Enforcement etc. of Community Orders

Annotations:
Commencement Information
I1

Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Amendments (Textual)
F1

Sch. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Modifications etc. (not altering text)
C1

Sch. 2 applied (with modifications) (1.4.1996) by 1995 c. 46, ss. 234(5)(6), 309(2) (with ss. 24(2), 307(2))

Sch. 2 applied (with modifications) (30.9.1998) by 1998 c. 37, ss. 68(3), 70(5), Sch. 5 para. 5(4)(5); S.I. 1998/2327, arts. 2(1)(o)

Sch. 2 applied (with modifications) (30.9.1998) by 1969 c. 54, s. 16B (as inserted by 1998 c. 37, s. 119, Sch. 8 para. 21; S.I. 1998/2327, arts. 2(1)(y)(2)(i))

I2Part II Breach of Requirement of Order

Annotations:
Commencement Information
I2

Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2

Powers of Crown Court

I3C24

C31

Where F2under paragraph 2 or by virtue of paragraph 3(3) above an offender is brought or appears before the Crown Court and it is proved to the satisfaction of the court that he has failed F3without reasonable excuse to comply with any of the requirements of the relevant order, that court may deal with him in respect of the failure in any one of the following ways, namely—

a

it may impose on him a fine not exceeding £1,000;

b

subject to paragraph 6(3) to (5) below, it may make a community service order in respect of him;

F4c

where—

i

the relevant order is a probation order and the offender is under the age of twenty-one years, or

ii

the relevant order is a curfew order and the offender is under the age of sixteen years,

and the court has been notified as required by subsection (1) of section 17 of the 1982 Act, it may (subject to paragraph 6(6) below) make in respect of him an order under that section (attendance centre orders); or

d

it may F5. . . deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted F6before the Crown Court of the offence.

2

In dealing with an offender under sub-paragraph (1)(d) above, the Crown Court—

a

shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

F7b

in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in section 1(2) of this Act.

F82A

Where the Crown Court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force.

3

In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the relevant order shall be determined by the court and not by the verdict of a jury.