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Sch. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt.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 III Revocation 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

Revocation of order with or without re-sentencing

I37

1

This paragraph applies where a relevant order F2made by a magistrates’ courtis 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 F3or, where the relevant order is a drug treatment and testing order F4, to the magistrates’ court responsible for the order 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.

F52

The court may—

a

revoke the order; or

b

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.

3

The circumstances in which a probation order F6or drug treatment and testing ordermay be revoked under sub-paragraph F7(2)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision F8or, as the case may be, treatment.

4

In dealing with an offender under sub-paragraph F9(2)(b)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 F9(2)(b)above F10for an offence may appeal to the Crown Court against the sentence.

F116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.