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Criminal Justice Act 2003
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- UK Public General Acts
- 2003 c. 44
- SCHEDULE 12
- Part 3
- Amendment by reason of...
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Changes over time for: Cross Heading: Amendment by reason of change of residence
No versions valid at: 01/01/2005
Alternative versions:
- 04/04/2005- Amendment
- 01/01/2005
Point in time - 01/02/2015- Amendment
- 01/12/2020- Amendment
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Criminal Justice Act 2003, Cross Heading: Amendment by reason of change of residence is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 04/04/2005
Amendment by reason of change of residenceU.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 [F1local justice area] concerned to another [F1local 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 [F1local 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 [F1local 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 [F1local justice area].
(5)In this paragraph “the appropriate court” has the same meaning as in paragraph 13.
Textual Amendments
F1Words 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.
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