Valid from 04/04/2005
SupplementaryU.K.
19(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.U.K.
(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.
Commencement Information
I1Sch. 12 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 34 (subject to art. 2(2), Sch. 2)
20(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—U.K.
(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.
Commencement Information
I2Sch. 12 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 34 (subject to art. 2(2), Sch. 2)
21U.K.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.
Commencement Information
I3Sch. 12 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 34 (subject to art. 2(2), Sch. 2)
Prospective
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 Schedule[F3, 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.
Textual Amendments
F1Words in Sch. 12 para. 22(1)(b) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 110(f)(i)
F2Words in Sch. 12 para. 22(1)(b) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 110(f)(i)
F3Sch. 12 para. 22(1)(d) and preceding word inserted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 29, 60, Sch. 5 para. 8(5); S.I. 2005/579, art. 3(d)
F4Words in Sch. 12 para. 22(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 110(f)(ii)
F5Words in Sch. 12 para. 22(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 110(f)(ii)
F6Words in Sch. 12 para. 22(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 110(f)(iii)
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 Schedule[F3, 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.
Textual Amendments
F3Sch. 12 para. 22(1)(d) and preceding word inserted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 29, 60, Sch. 5 para. 8(5); S.I. 2005/579, art. 3(d)