(1)A court in Great Britain shall, before making a relevant community order in relation to any person, explain to that person in ordinary language the consequences by virtue of sections 62 and 63 of a failure to comply with the order.
(2)The Secretary of State may by regulations require the [F1chief officer of a local probation board][F2, the chief executive of a probation trust or the equivalent officer (however described) in any other provider of probation services], or such other person as may be prescribed, to notify the Secretary of State at the prescribed time and in the prescribed manner—
(a)of the laying by [F3an officer of a local probation board][F4or officer of a provider of probation services] of any information that a person has failed to comply with the requirements of a relevant community order;
(b)of any such determination as is mentioned in section 62(1);
(c)of such information about the offender, and in the possession of the person giving the notification, as may be prescribed; and
(d)of any circumstances by virtue of which any payment or adjustment might fall to be made by virtue of section 62(6) or 63(6).
(3)The High Court of Justiciary may, by Act of Adjournal, make provision requiring the clerk of the court in which any proceedings are commenced that could result in a determination of a failure to comply with a relevant community order to notify the Secretary of State at such time and in such manner as may be specified in the Act of Adjournal of—
(a)the commencement of the proceedings;
(b)any such determination made in the proceedings;
(c)such information about the offender as may be so specified; and
(d)any circumstances by virtue of which any payment or adjustment might fall to be made by virtue of section 62(6) or 63(6).
(4)Where it appears to the Secretary of State that—
(a)the laying of any information that has been laid in England and Wales, or
(b)the commencement of any proceedings that have been commenced in Scotland,
could result in a determination the making of which would result in the imposition by or under one or both of sections 62 and 63 of any restrictions, it shall be the duty of the Secretary of State to notify the person in whose case those restrictions would be imposed, or (as the case may be) the members of any joint-claim couple in whose case they would be imposed, of the consequences under those sections of such a determination in the case of that person, or couple.
(5)A notification required to be given by the Secretary of State under subsection (4) must be given as soon as reasonably practicable after it first appears to the Secretary of State as mentioned in that subsection.
(6)The Secretary of State may by regulations make such provision as he thinks fit for the purposes of sections 62 to 65 of this Act about—
(a)the use by a person within subsection (7) of information relating to community orders [F5(as defined by section 177 of the Criminal Justice Act 2003)] or social security;
(b)the supply of such information by a person within that subsection to any other person (whether or not within that subsection); and
(c)the purposes for which a person to whom such information is supplied under the regulations may use it.
(7)The persons within this subsection are—
(a)the Secretary of State;
(b)a person providing services to the Secretary of State;
(c)[F3an officer of a local probation board];
[F6(ca)an officer of a provider of probation services.]
(d)a person employed by a council constituted under section 2 of the M1Local Government etc. (Scotland) Act 1994.
(8)Regulations under subsection (6) may, in particular, authorise information supplied to a person under the regulations—
(a)to be used for the purpose of amending or supplementing other information held by that person; and
(b)where so used, to be supplied to any other person to whom, and used for any purpose for which, the information amended or supplemented could be supplied or used.
(9)The explanation given to the offender by the court in pursuance of subsection (1) shall be treated as part of the explanation required to be given to the offender for the purposes of section 228(5) or 238(4) of the M2Criminal Procedure (Scotland) Act 1995.
(10)In this section “relevant community order” has the same meaning as in section 62 [F7 and “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000] .
(11)For the purposes of this section proceedings that could result in such a determination as is mentioned in subsection (3) are commenced in Scotland when, and only when, a warrant to arrest the offender or to cite the offender to appear before a court is issued under section 232(1) or 239(4) of the M3Criminal Procedure (Scotland) Act 1995.
Textual Amendments
F1Words in s. 64(2) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 207(a); S.I. 2001/919, art. 2(f)(ii)
F2Words in s. 64(2) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 15(2)(a)(i)
F3Words in s. 64(2)(a) susbstituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 207(b); S.I. 2001/919, art. 2(f)(ii)
F4Words in s. 64(2)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 15(2)(a)(ii)
F5Words in s. 64(6)(a) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 132; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(35) (with art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))
F6S. 64(7)(ca) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 15(2)(b)
F7Words in s. 64(10) inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 207(c); S.I. 2001/919, art. 2(f)(ii)
Commencement Information
I1S. 64 partly in force; s. 64 not in force at Royal Assent, see s. 86(2); s. 64 in force for certain purposes at 1.12.2000 by S.I. 2000/2950, art. 5; s. 64(1)(2)(4)(a)(5)(6)(7)(a)-(c)(8)(10) in force for certain further purposes at 15.10.2001 by S.I. 2000/2619, art. 2(1)(a)(b)(iii)
Marginal Citations