SCHEDULES
SCHEDULE 3F6Breach, revocation and amendment of certain community orders
Part IV Amendment of order
F7Amendment of requirements of community rehabilitation, community punishment and rehabilitation, curfew or exclusion order.
Sch. 3 para. 19 cross-heading substituted (1.4.2001 for specified purposes and 2.9.2004 in so far as not already in force) by 2000 c. 43, ss. 74, 80, Sch. 7 para. 199(21)(e); S.I. 2001/919, art. 2(f)(iv); S.I. 2004/2171, art. 2
19
1
Without prejudice to the provisions of paragraph 18 above but subject to F9the following provisions of this paragraph , a magistrates’ court acting for the petty sessions area concerned may, on the application of F10an eligible person, , by order amend a F11community rehabilitation, curfew or exclusion order or the F1community rehabilitation element of a F2community punishment and rehabilitation order—
a
b
by inserting in the F11community rehabilitation, curfew or exclusion order or probation element of the combination order (either in addition to or in substitution for any of its requirements) any requirement which the court could include if it were then making the order.
2
A magistrates’ court shall not under sub-paragraph (1) above amend a F3community rehabilitation order or the F1community rehabilitation element of a F2community punishment and rehabilitation order—
a
by reducing the F4community rehabilitation period, or by extending that period beyond the end of three years from the date of the original order; or
F12aa
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;
b
by inserting in it a requirement that the offender shall submit to treatment for his mental condition, or his dependency on or propensity to misuse drugs or alcohol, unless—
i
the offender has expressed his willingness to comply with such a requirement; and
ii
the amending order is made within three months after the date of the original order.
3
A magistrates’ court shall not under sub-paragraph (1) above amend a curfew order by extending the curfew periods beyond the end of six months F5(or, for an offender aged under 16 on conviction, three months) from the date of the original order.
F84
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).
Heading to Sch. 3 substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 199(27); S.I. 2001/919, art. 2(f)(iv)