Powers of Criminal Courts (Sentencing) Act 2000

Issue of summons or warrant E+W

3 (1) If at any time while a relevant order is in force in respect of an offender it appears on information to a justice of the peace F1 ... that the offender has failed to comply with any of the requirements of the order, the justice may— E+W

(a) issue a summons requiring the offender to appear at the place and time specified in it; or

(b) if the information is in writing and on oath, issue a warrant for his arrest.

(2) Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought—

(a) in the case of a drug treatment and testing order [F2 or a drug abstinence order], before the court responsible for the order;

[F3 (b) in the case of a relevant order which is not an order to which paragraph (a) above applies, before a magistrates' court acting in the local justice area in which the offender resides or, if it is not known where he resides, before a magistrates' court acting in the local justice area concerned.]

[F4 (c) in the case of a relevant order which is not an order to which paragraph (a) or (b) applies, before a magistrates' court [F5 acting in the local justice area] in which the offender resides or, if it is not known where he resides, before a magistrates' court [F5 acting in the local justice area] concerned.]

[F6 (3) Where a summons issued under sub-paragraph (1)(a) above requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a further summons requiring the offender to appear at the place and time specified in it.

(4) Where a summons issued under sub-paragraph (1)(a) above or a further summons issued under sub-paragraph (3) above requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a warrant for the arrest of the offender.]

Textual Amendments

F1 Words in Sch. 3 para. 3(1) omitted (31.3.2005) by virtue of Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 4(2) (as amended (1.4.2005) by S.I. 2005/886 Sch. para. 113(c)); S.I. 2005/579, art. 3(d)

F2 Words in Sch. 3 para. 3(2)(a) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(6)(a); S.I. 2001/2232, art. 2(m)(viii)

F3 Sch. 3 para. 3(2)(b) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 5(3) (as amended (1.4.2005) by S.I. 2005/886 Sch. para. 113(c)); S.I. 2005/579, art. 3(d)

F4 Sch. 3 para. 3(2)(c) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 5 para. 4(3); S.I. 2005/579, art. 3(d)

F5 Words in Sch. 3 para. 3(2)(c) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 82(b)

F6 Sch. 3 para. 3(3)(4) inserted (1.4.2001) by 2000 c. 43, s. 54; S.I. 2001/919, art. 2(d)