Criminal Justice and Court Services Act 2000

199 (1) Schedule 3 (breach, revocation and amendment of curfew, probation, community service, combination and drug treatment and testing orders) is amended as follows. E+W

(2) In paragraph 1—

(a) in sub-paragraph (1)—

(i) after paragraph (a) there is inserted—

“(aa) an exclusion order;”

(ii) after paragraph (e) there is inserted—

“(f) a drug abstinence order.”

(b) in sub-paragraph (2)(b), for “a probation, community service, combination or drug treatment and testing” there is substituted “ an exclusion, community rehabilitation, community punishment, community punishment and rehabilitation, drug treatment and testing or drug abstinence ”,

(c) in sub-paragraph (3)—

(i) after “order” there is inserted “ or drug abstinence order ”,

(ii) at the end there is inserted “ (or that subsection as applied by section 58B(2) of this Act) ”.

(3) In paragraphs 1(4)(a), 18(4), 19(1) (in each place) and 19(2), for “probation element” there is substituted “ community rehabilitation element ”.

(4) In paragraphs 1(4)(b) and 7(3)(b)(ii), for “community service element” there is substituted “ community punishment element ”.

(5) In paragraph 2(1), for “probation, community service or combination” there is substituted “ exclusion, community rehabilitation, community punishment, community punishment and rehabilitation or drug abstinence ”.

(6) In paragraph 3(2)—

(a) in paragraph (a), after “testing order” there is inserted “ or a drug abstinence order ”,

(b) in paragraph (c), after “testing order” there is inserted “ a drug abstinence order ”.

(7) In paragraph 4—

(a) in sub-paragraph (2), for “(1)(d)” there is substituted “ (1C)(d) ”,

(b) in sub-paragraph (3), for “sub-paragraph (1)(d)” there is substituted “ sub-paragraph (1A) or (1C)(d) ”,

(c) in sub-paragraph (4), for “(1)(a)” there is substituted “ (1C)(a) ”,

(d) in sub-paragraph (6), for “sub-paragraph (1)(d)” there is substituted “ sub-paragraph (1A) or (1C)(d) ”.

(8) In paragraph 5—

(a) in sub-paragraph (2), for “(1)(d)” there is substituted “ (1C)(d) ”,

(b) in sub-paragraph (3), for “sub-paragraph (1)(d)” there is substituted “ sub-paragraph (1A) or (1C)(d) ”.

(9) After paragraph 6 there is inserted—

“ Curfew orders imposed for breach of relevant order E+W

6A (1) Section 37(1) of this Act (curfew orders) shall apply for the purposes of paragraphs 4(1C)(a) and 5(1C)(a) above as if for the words from the beginning to “make” there were substituted “Where a court has power to deal with an offender under Part II of Schedule 3 to this Act for failure to comply with any of the requirements of a relevant order, the court may make in respect of the offender”.

(2) In this paragraph—

• “secondary order” means a curfew order made by virtue of paragraph 4(1C)(a) or 5(1C)(a) above;

• “original order” means the relevant order the failure to comply with which led to the making of the secondary order.

(3) A secondary order—

(a) shall specify a period of not less than 14 nor more than 28 days for which the order is to be in force; and

(b) may specify different places, or different periods (within the period for which the order is in force), for different days, but shall not specify periods which amount to less than two hours or more than twelve hours in any one day.

(4) Part IV of this Act, except sections 35, 36, 37(3) and (4), 39 and 40(2)(a), has effect in relation to a secondary order as it has effect in relation to any other curfew order, but subject to the further modifications made below.

(5) Section 37(9) applies as if the reference to an offender who on conviction is under 16 were a reference to a person who on the date when his failure to comply with the original order is proved to the court is under 16.

(6) Paragraphs 2A, 4(1A) to (2) and 5(1A) to (2) above and 10 and 11 below apply as if, in respect of the period for which the secondary order is in force, the requirements of that order were requirements of the original order.

But in paragraphs 4 and 5 above, sub-paragraph (1C)(c) applies as if references to the relevant order were to the original order or the secondary order.

(7) In paragraphs 4 and 5 above, sub-paragraph (3) applies as if references to the relevant order were to the original order and the secondary order.

(8) Paragraph 19(3) below applies as if the reference to six months from the date of the original order were a reference to 28 days from the date of the secondary order.”

(10) In paragraph 7—

(a) in sub-paragraph (1), for “4(1)(b) and 5(1)(b)” there is substituted “ 4(1C)(b) and 5(1C)(b) ”,

(b) in sub-paragraph (2), for “4(1)(b) or 5(1)(b) above” there is substituted “ 4(1C)(b) or 5(1C)(b) and “original order” means the relevant order the failure to comply with which led to the making of the secondary order ”,

(c) for sub-paragraphs (4) to (6) there is substituted—

“(4) Part IV of this Act, except sections 35, 36, 46(3) and (8) and 48 to 50, has effect in relation to a secondary order as it has effect in relation to any other community punishment order, but subject to the further modifications made below.

(5) Paragraphs 2A, 4(1A) to (3) and 5(1A) to (3) above and 10 and 11 below apply as if, in respect of the period for which the secondary order is in force, the requirements of that order were requirements of the original order.

But in paragraphs 4 and 5 above, sub-paragraph (1C)(c) applies as if references to the relevant order were to the original order or the secondary order.

(6) In paragraphs 4 and 5 above, sub-paragraph (3) applies as if references to the relevant order were to the original order and the secondary order.

(7) Paragraph 19(3) below applies as if the reference to six months from the date of the original order were a reference to 28 days from the date of the secondary order.”,

and for the cross-heading preceding the paragraph there is substituted “ Community punishment orders imposed for breach of relevant order ”.

(11) In paragraph 8—

(a) in sub-paragraph (1)—

(i) for “4(1)(c) and 5(1)(c)” there is substituted “ 4(1C)(c) and 5(1C)(c) ”,

(ii) for the words following “Where a court” there is substituted “ has power to deal with an offender under Part II of Schedule 3 to this Act for failure to comply with any of the requirements of a relevant order, the court may ”,

(b) in sub-paragraph (2)—

(i) in paragraph (b), after “applicable” there is inserted “ section 36B and ”,

(ii) for “4(1)(c) or 5(1)(c)” there is substituted “ 4(1C)(c) or 5(1C)(c) ”,

(c) in sub-paragraph (3), for “4(1)(c) or 5(1)(c)” there is substituted “ 4(1C)(c) or 5(1C)(c) ”.

(12) In paragraph 9—

(a) in sub-paragraph (1), for “4(1)(a), (b) or (c) or 5(1)(a), (b) or (c)” there is substituted “ 4(1C)(a), (b) or (c) or 5(1C)(a), (b) or (c) ”,

(b) sub-paragraph (2) is omitted,

(c) in sub-paragraph (3), for “4(1)(d)” there is substituted “ 4(1C)(d) ”.

(13) In paragraphs 10(2)(a) and 13(2)(a), after “testing order” there is inserted “ or a drug abstinence order ”.

(14) In paragraphs 10(4) and 11(3), for “probation, combination” there is substituted “ community rehabilitation, community punishment and rehabilitation ”.

(15) In paragraph 12(1), for “probation order or combination” there is substituted “ community rehabilitation order or community punishment and rehabilitation ”.

(16) In paragraphs 12(1)(b), 12(2)(a) and (b), 12(4)(a) (in both places), 12(4)(b), 12(7) and 20(1), for “probation or combination” there is substituted “ community rehabilitation or community punishment and rehabilitation ”.

(17) In paragraphs 12(4)(b) and 19(2)(a), for “probation period” there is substituted “ community rehabilitation period ”.

(18) For the cross-heading preceding paragraph 12 there is substituted “ Substitution of conditional discharge for community rehabilitation or community punishment and rehabilitation order ”.

(19) In paragraphs 16 and 21(7), for “4(1)(d)” there is substituted “ 4(1C)(d) ”.

(20) In paragraph 18—

(a) in sub-paragraph (3), for “probation” there is substituted “ community rehabilitation ”,

(b) in sub-paragraph (6)(a), for “probation, community service or combination” there is substituted “ community rehabilitation, community punishment or community punishment and rehabilitation ”.

(21) In paragraph 19—

(a) in sub-paragraph (1)—

(i) for “sub-paragraphs (2) and (3) below” there is substituted “ the following provisions of this paragraph ”,

(ii) for “the offender or the responsible officer,” there is substituted “ an eligible person, ”

(iii) for “probation or curfew” (in each place) there is substituted “ community rehabilitation, curfew or exclusion ”,

(b) in sub-paragraph (2), after paragraph (a) there is inserted—

“(aa) by extending any curfew periods specified in a requirement under the order beyond the end of six months from the date of the original order;

(ab) by extending the period during which the offender is prohibited from entering a place specified in a requirement under the order beyond the end of two years from the date of the original order;”,

(c) in sub-paragraph (3), after “six months” there is inserted “ (or, for an offender aged under 16 on conviction, three months) ”,

(d) after sub-paragraph (3) there is inserted—

“(4) A magistrates’ court shall not under sub-paragraph (1) above amend an exclusion order by extending the period for which the offender is prohibited from entering the place in question beyond the end of two years (or, for an offender aged under 16 on conviction, three months) from the date of the original order.

(5) For the purposes of this paragraph the eligible persons are—

(a) the offender;

(b) the responsible officer; and

(c) in relation to an exclusion order, a community rehabilitation order or a community punishment and rehabilitation order, any affected person.

But an application under sub-paragraph (1) above by a person such as is mentioned in paragraph (c) above must be for the cancellation of a requirement which was included in the order by virtue of his consent or for the purpose (or partly for the purpose) of protecting him from being approached by the offender, or for the insertion of a requirement which will, if inserted, be such a requirement.

(6) Without prejudice to the provisions of paragraph 18 above, a magistrates’ court acting for the petty sessions area concerned may, on the application of the offender or the responsible officer, by order amend a drug abstinence order by extending the period for which the order has effect (but not beyond the end of three years from the date of the original order).”

(e) for the cross-heading preceding paragraph 19 there is substituted “ Amendment of requirements of community rehabilitation, community punishment and rehabilitation, curfew or exclusion order. ”

(22) For the cross-heading preceding paragraph 20 there is substituted “ Amendment of treatment requirements of community rehabilitation or community punishment and rehabilitation order on report of practitioner ”.

(23) For the cross-heading preceding paragraph 22 there is substituted “ Extension of community punishment or community punishment and rehabilitation order ”.

(24) In paragraph 24(2), after “requirement, or” there is inserted “ to an order under paragraph 18 above ”.

(25) In paragraph 25—

(a) in sub-paragraph (1)(a), after “substituting” there is inserted “ , by virtue of paragraph 18 above, ”,

(b) sub-paragraph (2) is omitted,

(c) in sub-paragraph (3), “or (2)” is omitted.

(26) After paragraph 25 there is inserted—

“26 (1) On the making under this Part of this Schedule of an order amending a drug treatment and testing order, the proper officer of the court shall (subject to sub-paragraph (3) below) forthwith give copies of the amending order to the responsible officer.

(2) In sub-paragraph (1) above, “proper officer” means—

(a) in relation to a magistrates’ court, the justices’ chief executive for the court; and

(b) in relation to the Crown Court, the appropriate officer.

(3) Where—

(a) a magistrates’ court amends a drug treatment and testing order under this Part of this Schedule; and

(b) the amending order provides for a magistrates’ court other than that mentioned in paragraph (a) above to be responsible for the order;

the court amending the order shall not give copies of the amending order as mentioned in sub-paragraph (1) above but shall send copies to the court responsible for the order and the justices’ chief executive for that court shall forthwith give copies of the amending order to the responsible officer.

(4) A responsible officer to whom in accordance with sub-paragraph (1) or (3) above copies of an order are given shall give a copy to the offender and to the treatment provider.”

(27) For the heading to the Schedule there is substituted “ Breach, revocation and amendment of certain community orders ”.

Commencement Information

I1 Sch. 7 para. 199 partly in force; Sch. 7 para. 199 not in force at Royal Assent see s. 80; Sch. 7 para. 199; Sch. 7 para. 199(1)(3)(4)(14)-(18)(20)(22)(23)(27) in force at 1.4.2001 by S.I. 2001/919, art. 2(f)(iv); Sch. 7 para. 199(2)(b)(5)(10)(21)(a)(iii)(e) in force for specified purposes at 1.4.2001 by S.I. 2001/919, art. 2(f)(iv); Sch. 7 para. 199(2)(c)(6)(11)(b)(i)(13)(21)(c)(24)(25)(a) in force for specified purposes at 20.6.2001 and insofar as not already in force at 2.7.2001 by S.I. 2001/2232, art. 2(m)(viii); Sch. 7 para. 199(2)(a)(b)(5)(21)(b)(d) in force for specified purposes at 20.6.2001 and in force for other specified purposes at 2.7.2001 by S.I. 2001/2232, art. 2(m)(viii)