Criminal Justice Act 2003

[F1 Amendment or revocation of order by magistrates' court U.K.

Textual Amendments

F1 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)

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— U.K.

(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 [F2 paragraph 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.]

Textual Amendments

F2 Words in Sch. 19A para. 10(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2