SCHEDULES
SCHEDULE 12Breach or amendment of suspended sentence order, and effect of further conviction
C1C2Part 3Amendment of suspended sentence order
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
Supplementary
I119
1
No application may be made under paragraph 13, 15 or 18, and no order may be made under paragraph 14, while an appeal against the suspended sentence is pending.
2
Sub-paragraph (1) does not apply to an application under paragraph 15 which—
a
relates to a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement, and
b
is made by the responsible officer with the consent of the offender.
I220
1
Subject to sub-paragraph (2), where a court proposes to exercise its powers under paragraph 15, 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 community requirement of a suspended sentence order.
I321
Paragraphs 8(2)(c) and 15(1)(b) have effect subject to the provisions mentioned in subsection (2) of section 190, and to subsections (3) and (5) of that section.
22
1
On the making under this Schedule of an order amending a suspended sentence order, the proper officer of the court must—
a
provide copies of the amending order to the offender and the responsible officer,
b
in the case of an amending order which substitutes a new F1local justice area, provide a copy of the amending order to—
i
the local probation board acting for that area, and
ii
the magistrates' court F2acting in that area, and
c
in the case of an amending order which imposes 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 ScheduleF3, and
d
where the court acts for a petty sessions area other than the one specified in the order prior to the revocation or amendment, provide a copy of the revoking or amending order to a magistrates' court acting for the area so specified.
2
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.
3
In this paragraph “proper officer” means—
a
in relation to a magistrates' court, the F6designated officer for the court; and
b
in relation to the Crown Court, the appropriate officer.
22
1
On the making under this Schedule of an order amending a suspended sentence order, the proper officer of the court must—
a
provide copies of the amending order to the offender and the responsible officer,
b
in the case of an amending order which substitutes a new petty sessions area, provide a copy of the amending order to—
i
the local probation board acting for that area, and
ii
the magistrates' court acting for that area, and
c
in the case of an amending order which imposes 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.
2
Where under sub-paragraph (1)(b) the proper officer of the court provides a copy of an amending order to a magistrates' court acting for 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 acting for that area in the exercise of its functions in relation to the order.
3
In this paragraph “proper officer” means—
a
in relation to a magistrates' court, the justices' chief executive for the court; and
b
in relation to the Crown Court, the appropriate officer.
22
1
On the making under this Schedule of an order amending a suspended sentence order, the proper officer of the court must—
a
provide copies of the amending order to the offender and the responsible officer,
b
in the case of an amending order which substitutes a new petty sessions area, provide a copy of the amending order to—
i
the local probation board acting for that area, and
ii
the magistrates' court acting for that area, and
c
in the case of an amending order which imposes 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 ScheduleF3, and
d
where the court acts for a petty sessions area other than the one specified in the order prior to the revocation or amendment, provide a copy of the revoking or amending order to a magistrates' court acting for the area so specified.
2
Where under sub-paragraph (1)(b) the proper officer of the court provides a copy of an amending order to a magistrates' court acting for 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 acting for that area in the exercise of its functions in relation to the order.
3
In this paragraph “proper officer” means—
a
in relation to a magistrates' court, the justices' chief executive for the court; and
b
in relation to the Crown Court, the appropriate officer.
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