SCHEDULE 1
Part I Referral back to appropriate court
Power of court where it upholds panel’s decision
5
(1)
If it is proved to the satisfaction of the appropriate court as regards any decision of the panel which resulted in the offender being referred back to the court—
(a)
that, so far as the decision relied on any finding of fact by the panel, the panel was entitled to make that finding in the circumstances, and
(b)
that, so far as the decision involved any exercise of discretion by the panel, the panel reasonably exercised that discretion in the circumstances,
the court may exercise the power conferred by sub-paragraph (2).
(2)
That power is a power to revoke the referral order (or each of the referral orders).
(3)
The revocation under sub-paragraph (2) of a referral order has the effect of revoking any related order under paragraph 11 or 12.
(4)
Where any order is revoked under sub-paragraph (2) or by virtue of sub-paragraph (3), the appropriate court may deal with the offender in accordance with sub-paragraph (5) for the offence in respect of which the revoked order was made.
(5)
In so dealing with the offender for such an offence, the appropriate court—
(a)
may deal with him in any manner in which (assuming section 1 had not applied) he could have been dealt with for that offence by the court which made the order; and
(b)
shall have regard to—
(i)
the circumstances of his referral back to the court; and
(ii)
where a contract has taken effect under section 8 between the offender and the panel, the extent of his compliance with the terms of the contract.
(6)
The appropriate court may not exercise the powers conferred by sub-paragraph (2) or (4) unless the offender is present before it; but those powers are exercisable even if, in a case where a contract has taken effect under section 8, the period for which the contract has effect has expired (whether before or after the referral of the offender back to the court).
F1(7)
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