Criminal Justice Act 2003 (c. 44)

SCHEDULES

Valid from 04/04/2005

SCHEDULE 12 U.K. Breach or amendment of suspended sentence order, and effect of further conviction

Part 3 U.K. Amendment of suspended sentence order

Modifications etc. (not altering text)

C1 Sch. 12 Pt. 3 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2 Sch. 12 Pt. 3 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 205(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Amendment by reason of change of residence U.K.

Prospective

14 (1) This paragraph applies where, at any time while a suspended sentence order is in force, the appropriate court is satisfied that the offender proposes to change, or has changed, his residence from the [F1 local justice area] concerned to another [F1 local justice area].

(2) Subject to sub-paragraphs (3) and (4), the appropriate court may, and on the application of the responsible officer must, amend the suspended sentence order by substituting the other [F1 local justice area] for the area specified in the order.

(3) The court may not amend under this paragraph a suspended sentence order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender resides in the [F1 local justice area] concerned unless, in accordance with paragraph 15 it either—

(a) cancels those requirements, or

(b) substitutes for those requirements other requirements which can be complied with if the offender does not reside in that area.

(4) The court may not amend under this paragraph any suspended sentence order imposing a programme requirement unless it appears to the court that the accredited programme specified in the requirement is available in the other [F1 local justice area].

(5) In this paragraph “the appropriate court” has the same meaning as in paragraph 13.

Textual Amendments

F1 Words in Sch. 12 para. 14 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 110(e)

14 (1) This paragraph applies where, at any time while a suspended sentence order is in force, the appropriate court is satisfied that the offender proposes to change, or has changed, his residence from the petty sessions area concerned to another petty sessions area.

(2) Subject to sub-paragraphs (3) and (4), the appropriate court may, and on the application of the responsible officer must, amend the suspended sentence order by substituting the other petty sessions area for the area specified in the order.

(3) The court may not amend under this paragraph a suspended sentence order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender resides in the petty sessions area concerned unless, in accordance with paragraph 15 it either—

(a) cancels those requirements, or

(b) substitutes for those requirements other requirements which can be complied with if the offender does not reside in that area.

(4) The court may not amend under this paragraph any suspended sentence order imposing a programme requirement unless it appears to the court that the accredited programme specified in the requirement is available in the other petty sessions area.

(5) In this paragraph “the appropriate court” has the same meaning as in paragraph 13.