Criminal Justice Act 2003

This section has no associated Explanatory Notes

17(1)The home court may exercise any power under paragraph 4 or 5 of Schedule 10 (amendment of custody plus order or intermittent custody order) as if it were the original court.

(2)Subject to sub-paragraph (3), where the home court proposes to exercise the power conferred by paragraph 5 of Schedule 10, otherwise than on the application of the offender, the court—

(a)if it is in Scotland—

(i)must issue a citation requiring the offender to appear before it, and

(ii)if he does not appear in answer to the citation, may issue a warrant for the offender’s arrest;

(b)if it is in Northern Ireland—

(i)must issue a summons requiring the offender to appear before it, and

(ii)if he does not appear in answer to the summons, may issue a warrant for the offender’s arrest;

and paragraph 8 of Schedule 10 does not apply to the home court.

(3)Sub-paragraph (2) does not apply to any order cancelling any requirement of a custody plus order or intermittent custody order.

(4)Where the home court is considering amending a custody plus or intermittent custody order, any reference in Chapter 4 of Part 12 of this Act to a local probation board has effect as a reference to a local authority in Scotland or, as the case may be, the Probation Board for Northern Ireland.