[F11BBreach of undertakingsE+W
(1)A court which under section 1 above has deferred passing sentence on an offender may deal with him before the end of the period of deferment if—
(a)he appears or is brought before the court under subsection (3) below; and
(b)the court is satisfied that he has failed to comply with one or more requirements imposed under section 1(3)(b) above in connection with the deferment.
(2)Subsection (3) below applies where—
(a)a court has under section 1 above deferred passing sentence on an offender;
(b)the offender undertook to comply with one or more requirements imposed under section 1(3)(b) above in connection with the deferment; and
(c)a person appointed under section 1A(2) above to act as a supervisor in relation to the offender has reported to the court that the offender has failed to comply with one or more of those requirements.
(3)Where this subsection applies, the court may issue—
(a)a summons requiring the offender to appear before the court at a time and place specified in the summons; or
(b)a warrant to arrest him and bring him before the court at a time and place specified in the warrant.]
Textual Amendments
F1Ss. 1-1D substituted for s. 1-2 (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 23 para. 1; S.I. 2005/950, art. 2(1), Sch. 1 para. 20 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))