SCHEDULES
C3SCHEDULE 10Revocation or amendment of custody plus orders and amendment of intermittent custody orders
Supplementary
I17
No application may be made under paragraph 3(1), 5(1) or 6(1) while an appeal against the sentence of which the custody plus or intermittent custody order forms part is pending.
I28
1
Subject to sub-paragraph (2), where a court proposes to exercise its powers under paragraph 5 or 6, otherwise than on the application of the offender, the court—
a
must summon him to appear before the court, and
b
if he does not appear in answer to the summons, may issue a warrant for his arrest.
2
This paragraph does not apply to an order cancelling any requirement of a custody plus or intermittent custody order.
I39
1
On the making under this Schedule of an order revoking or amending a custody plus order or amending an intermittent custody order, the proper officer of the court must—
a
provide copies of the revoking or amending order to the offender and the responsible officer,
b
in the case of an amending order which substitutes a new F1local justice areaF2, or (as the case may be) a provider of probation services operating in that area , provide a copy of the amending order to—
i
the local probation board F3acting in that area, and
c
in the case of an order which cancels or amends a requirement specified in the first column of Schedule 14, provide a copy of so much of the amending order as relates to that requirement to the person specified in relation to that requirement in the second column of that Schedule.
C22
Where under sub-paragraph (1)(b) the proper officer of the court provides a copy of an amending order to a magistrates' court F4acting in a different area, the officer must also provide to that court such documents and information relating to the case as it considers likely to be of assistance to a court F5acting in that area in the exercise of its functions in relation to the order.
Sch. 10 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 199(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4