SCHEDULES
SCHEDULE 31Default orders: modification of provisions relating to community orders
General
1
Any reference to the offender is, in relation to a default order, to be read as a reference to the person in default.
Unpaid work requirement
2
1
In its application to a default order, F11paragraph 2 of Schedule 9 to the Sentencing Code (unpaid work requirement) is modified as follows.
2
F10In sub-paragraph (1)(b), for sub-paragraphs (i) and (ii) there is substituted—
i
not less than 20 hours, and
ii
in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
TABLE
Amount
Number of Hours
An amount not exceeding £200
40 hours
An amount exceeding £200 but not exceeding £500
60 hours
An amount exceeding £500
100 hours
F83
Sub-paragraphs (3) and (4) are omitted.
Curfew requirement
3
1
In its application to a default order, F13paragraph 9 of Schedule 9 to the Sentencing Code (curfew requirement) is modified as follows.
F51A
Any reference to an offence of which the offender was convicted before, on or after a day is to be read as a reference to a default made by a person before, on or after that day.
2
After F12sub-paragraph (4A) there is inserted—
F144B
In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column.
TABLE
Amount
Number of days
An amount not exceeding £200
20 days
An amount exceeding £200 but not exceeding £500
30 days
An amount exceeding £500 but not exceeding £1,000
60 days
An amount exceeding £1,000 but not exceeding £2,500
90 days
An amount exceeding £2,500
180 days
F1Attendance centre requirement
3A
F6In its application to a default order, paragraph 27(3) of Schedule 9 to the Sentencing Code (attendance centre requirement) is modified by the substitution for the words after “must” of “be—
a
not less than 12, and
b
in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.
Amount | Number of hours |
|---|---|
An amount not exceeding £200 | 18 hours |
An amount exceeding £200 but not exceeding £500 | 21 hours |
An amount exceeding £500 but not exceeding £1,000 | 24 hours |
An amount exceeding £1,000 but not exceeding £2,500 | 30 hours |
An amount exceeding £2,500 | 36 hours |
.
F9Change of residence
Sch. 31 paras. 3B, 3C and cross-heading inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 18(10), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(p)
3B
1
In its application to a default order, F15section 215 of the Sentencing Code (duty of offender to keep in touch with responsible officer) is modified as follows.
F222
At the end of subsection (2) there is inserted “, and must notify the responsible officer of any change of address.”
3C
F7Section 216 of the Sentencing Code (duty to obtain permission before changing residence) does not apply in relation to a default order.
Enforcement, revocation and amendment of default order
4
1
In its application to a default order,F16Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order)is modified as follows.
2
Any reference to the offence in respect of which the community order was made is to be taken to be a reference to the default in respect of which the default order was made.
3
Any power of the court to revoke the community orderF18and re-sentence the offenderfor the offence is to be taken to be a power to revoke the default order and deal with him in any way in which the court which made the default order could deal with him for his default in paying the sum in question.
4
InF21paragraph 5the reference to the Crown Court is to be taken as a reference to a magistrates' court.
F234A
ForF17paragraphs 16 and 17there is substituted—
16
1
This paragraph applies where, at any time while a default order is in force in respect of a person, the appropriate court is satisfied that the person proposes to change, or has changed, residence from the local justice area concerned to another local justice area (“the new local justice area”).
2
The appropriate court may amend the default order to specify the new local justice area.
3
In this paragraph “the appropriate court” means a magistrates’ court acting in the local justice area specified in the order.
F205
The following provisions are omitted—
a
paragraph 10(5)(d) (in relation to any time after the coming into force of paragraph 21(2) of Schedule 22 to the Sentencing Act 2020);
b
paragraph 10(11);
c
paragraph 14(8);
d
paragraph 16(3) (in relation to any time after the coming into force of paragraph 23 of Schedule 22 to that Act);
e
paragraph 23(6);
f
paragraph 25(2)(b).
Power to alter amount of money or number of hours or days
5
The Secretary of State may by order amend paragraph 2 F2, 3 or 3A by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.
Transfer of default orders to Scotland or Northern Ireland
6
In its application to a default order, F3Schedule 11 to the Sentencing Code (transfer of community orders to Scotland or Northern Ireland) is modified as follows.
F197
After paragraph 20 there is inserted—
20A
Nothing in paragraph 20 affects the application of section 300(7) of the Criminal Justice Act 2003 to a default order made or amended in accordance with Part 1 or 2.
F48
In paragraph 21, after sub-paragraph (5) there is inserted—
5A
The home court may not impose a fine on the offender.
Sch. 31 para. 3A and preceding heading inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 2(4) (with Sch. 27 para. 13(2)); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)