SCHEDULES
C1C3C2F1SCHEDULE 19ASupervision default orders
Sch. 19A applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(2)(3)(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
Sch. 19A applied (with modifications) by 2006 c. 43, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))
Sch. 19A applied (with modifications) (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 247(2)(c)(3)(4), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
PART 2Breach, revocation or amendment
Amendment or revocation of order by magistrates' court
10
1
Where a person is subject to a supervision default order, the appropriate magistrates' court may on the application of the person or an officer of a provider of probation services—
a
revoke the order,
b
amend the order, or
c
revoke the order and deal with the person under section 256AC(4) in any way in which it could deal with the person if the order had never been made.
2
A magistrates' court acting under sub-paragraph (1)(b)—
a
may not increase the number of hours or days specified in the order;
b
may reduce the number of hours or days so specified, but not so as to reduce them below the minimum specified in F2paragraph 2(1) or 9(4) of Schedule 9 to the Sentencing Code (as modified by paragraph 3).
3
In exercising its powers under sub-paragraph (1), a magistrates' court must take into account the extent to which the person has complied with the supervision default order.
4
Where a court exercises its powers under sub-paragraph (1)(b) or (c), the person may appeal to the Crown Court against the order made by the court.
5
Where a magistrates' court proposes to exercise its powers under this paragraph on an application of an officer of a provider of probation services, the court—
a
must summon the person subject to the supervision default order to appear before the court, and
b
if the person does not appear in answer to the summons, may issue a warrant for the person's arrest.
6
Sub-paragraph (5) does not apply where the court proposes only to amend the order to reduce the number of hours or days specified in it.
7
Where an application under this paragraph is made by a person subject to a supervision default order, the magistrates' court may not hear the application unless satisfied that adequate notice has been given to any officer of a provider of probation services who the court thinks has an interest in the application.
8
No application may be made under this paragraph while an appeal against the supervision default order is pending.
9
In this paragraph “the appropriate magistrates' court” means a magistrates' court acting in the local justice area specified in the supervision default order.
Sch. 19A inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 2 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(t)