SCHEDULES

SCHEDULE 2Enforcement etc. of Community Orders

Part IIBreach of Requirement of Order

Supplemental

6

(1)

Any exercise by a court of its powers under paragraph 3(1)(a), (b) or (c) or 4(1)(a) or (b) above shall be without prejudice to the continuance of the relevant order.

(2)

Section 18 of this Act shall apply for the purposes of paragraph 3(1)(a) above as if the failure to comply with the requirement were a summary offence punishable by a fine not exceeding level 3 on the standard scale; and a fine imposed under that paragraph or paragraph 4(1)(a) above shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.

(3)

The number of hours which an offender may be required to work under a community service order made under paragraph 3(1)(b) or 4(1)(b) above—

(a)

shall be specified in the order and shall not exceed 60 in the aggregate; and

(b)

where the relevant order is a community service order, shall not be such that the total number of hours under both orders exceeds the maximum specified in section 14(1A) of the 1973 Act.

(4)

Section 14(2) of the 1973 Act and, so far as applicable—

(a)

the following provisions of that Act relating to community service orders; and

(b)

the provisions of this Schedule so far as so relating,

shall have effect in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above as they have effect in relation to a community service order in respect of an offender.

(5)

Where the provisions of this Schedule have effect as mentioned in sub-paragraph (4) above, the powers conferred by those provisions to deal with the offender for the offence in respect of which the community service order was made shall be construed as powers to deal with the offender for the failure to comply with the requirements of the relevant order in respect of which the community service order was made.