Crime and Disorder Act 1998

Valid from 30/09/1998

37 (1) In section 18 of the 1982 Act (discharge and variation of attendance centre orders), for subsection (4A) there shall be substituted the following subsections—

“(4A) Any power conferred by this section—

(a) on a magistrates’ court to discharge an attendance centre order made by such a court, or

(b) on the Crown Court to discharge an attendance centre order made by the Crown Court,

includes power to deal with the offender, 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.

(4B) A person sentenced by a magistrates’ court under subsection (4A) above for an offence may appeal to the Crown Court against the sentence.”

(2) Subsection (7) of that section shall cease to have effect.

(3) In that section, after subsection (9) there shall be added the following subsections—

“(10) Where an offender has been ordered to attend at an attendance centre in default of the payment of a sum of money or for such a failure or abstention as is mentioned in section 17(1)(a) above, subsection (4A) above shall have effect in relation to the order as if the words “, for the offence in respect of which the order was made,” and “for that offence” were omitted.

(11) Where an attendance centre order has been made on appeal, for the purposes of this section 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 subsection (4A) above shall have effect in relation to an attendance centre order made on appeal as if the words “if the order had not been made” were omitted.”

Modifications etc. (not altering text)

C1 Sch. 7 para. 37(2)(3) excluded (19.9.1998) by S.I. 1998/2327, art. 6(3)