Modifications etc. (not altering text)
C1Sch. 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))
Commencement Information
I1Sch. 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.
Commencement Information
I2Sch. 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
7(1)This paragraph applies where a relevant order is in force in respect of any offender and, on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned [F1or, where the relevant order is a drug treatment and testing order for which a magistrates’ court is responsible, to that court] that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—
(a)that the order should be revoked; or
(b)that the offender should be dealt with in some other manner for the offence in respect of which the order was made.
(2)The court may—
(a)if the order was made by a magistrates’ court—
(i)revoke the order; or
(ii)revoke the order and deal with the offender, 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 by the court of the offence; or
(b)if the order was made by the Crown Court, commit him to custody or release him on bail until he can be brought or appear before the Crown Court.
(3)The circumstances in which a probation order [F2or drug treatment and testing order]may be revoked under sub-paragraph (2)(a)(i) above shall include the offender’s making good progress or his responding satisfactorily to supervision [F3or, as the case may be, treatment].
(4)In dealing with an offender under sub-paragraph (2)(a)(ii) above, a magistrates’ court shall take into account the extent to which the offender has complied with the requirements of the relevant order.
(5)An offender sentenced under sub-paragraph (2)(a)(ii) above [F4for an offence] may appeal to the Crown Court against the sentence.
(6)Where the court deals with an offender’s case under sub-paragraph (2)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.
(7)Where a magistrates’ court proposes to exercise its powers under this paragraph otherwise than on the application of the offender it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.
(8)No application may be made by the offender under sub-paragraph (1) above while an appeal against the relevant order is pending.
Textual Amendments
F1Words in Sch. 2 para. 7(1) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 6(1); S.I. 1998/2327, art.2(1)(n)
F2Words in Sch. 2 para. 7(3) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 6(2)(a); S.I. 1998/2327, art.2(1)(n)
F3Words in Sch. 2 para. 7(3) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 6(2)(b); S.I. 1998/2327, art.2(1)(n)
F4Words in Sch. 2 para. 7(5) inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(9); S.I. 1998/2327, art.2(1)(w)
Commencement Information
I3Sch. 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.