Crime and Disorder Act 1998

Failure to comply with order E+W

3 (1) This paragraph applies where a reparation order or action plan order is in force and it is proved to the satisfaction of the appropriate court, on the application of the responsible officer, that the offender has failed to comply with any requirement included in the order.

(2) The court—

(a) whether or not it also makes an order under paragraph 2 above, may order the offender to pay a fine of an amount not exceeding £1,000, or make an attendance centre order or curfew order in respect of him; or

(b) if the reparation order or action plan order was made by a [F1 magistrates’ court], may discharge the order and deal with him, for the offence in respect of which the order was made, in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made; or

(c) if the reparation order or action plan order was made by the Crown Court, may commit him in custody or release him on bail until he can be brought or appear before the Crown Court.

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where a court deals with an offender under sub-paragraph (2)(c) above, it shall send to the Crown Court a certificate signed by a justice of the peace giving—

(a) particulars of the offender’s failure to comply with the requirement in question; and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.

(5) Where—

(a) by virtue of sub-paragraph (2)(c) above the offender is brought or appears before the Crown Court; and

(b) it is proved to the satisfaction of the court that he has failed to comply with the requirement in question,

that court may deal with him, for the offence in respect of which the order was made, in any manner in which it could have dealt with him for that offence if it had not made the order.

(6) Where the Crown Court deals with an offender under sub-paragraph (5) above, it shall revoke the reparation order or action plan order if it is still in force.

(7) A fine imposed under this paragraph shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

(8) In dealing with an offender under this paragraph, a court shall take into account the extent to which he has complied with the requirements of the reparation order or action plan order.

[F3 (9) Where a reparation order or action plan order has been made on appeal, for the purposes of this paragraph it shall be deemed—

(a) if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;

(b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;

and, in relation to a reparation order or action plan order made on appeal, sub-paragraph (2)(b) above shall have effect as if the words “if the order had not been made” were omitted and sub-paragraph (5) above shall have effect as if the words “if it had not made the order” were omitted.]

Textual Amendments

F1 Words in Sch. 5 para. 3(2)(b) substituted (1.1.2000) by 1999 c. 23, s. 67(2), Sch. 5 paras. 5, 10(1)(2) (with Sch. 7 paras. 3(3), 5(2)); S.I. 1999/3427, art. 2

F2 Sch. 5 para. 3(3) omitted (1.1.2000) by virtue of 1999 c. 23, s. 67(2), Sch. 5 paras. 5, 10(1)(3) (with Sch. 7 paras. 3(3), 5(2)); S.I. 1999/3427, art. 2 (which Sch. 5 para. 3(3) in the amended Act is repealed (14.4.2000) by 1999 c. 23, s. 67(3), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1034, art. 2, Sch.)

F3 Sch. 5 para. 3(9) inserted (1.1.2000) by 1999 c. 23, s. 67(2), Sch. 5 paras. 5, 10(1)(4) (with Sch. 7 paras. 3(3), 5(2)); S.I. 1999/3427, art. 2