SCHEDULES
SCHEDULE 8Breach, revocation or amendment of community order
Part 2Breach of requirement of order
10Powers of Crown Court
1
Where under paragraph 8 or by virtue of paragraph 9(6) an offender appears or is brought before the Crown Court and it is proved to the satisfaction of that court that he has failed without reasonable excuse to comply with any of the requirements of the community order, the Crown Court must deal with him in respect of the failure in any one of the following ways—
a
by amending the terms of the community order so as to impose more onerous requirements which the Crown Court could impose if it were then making the order;
b
by dealing with him, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made;
c
where—
i
the offence in respect of which the order was made was not an offence punishable by imprisonment,
ii
the offender is aged 18 or over,
iii
the offender has wilfully and persistently failed to comply with the requirements of the order,
by dealing with him, in respect of that offence, by imposing a sentence of imprisonment for a term not exceeding 51 weeks.
2
In dealing with an offender under sub-paragraph (1), the Crown Court must take into account the extent to which the offender has complied with the requirements of the community order.
3
In dealing with an offender under sub-paragraph (1)(a), the court may extend the duration of particular requirements (subject to any limit imposed by Chapter 4 of Part 12 of this Act) but may not extend the period specified under section 177(5).
4
In dealing with an offender under sub-paragraph (1)(b), the Crown Court may, in the case of an offender who has wilfully and persistently failed to comply with the requirements of the community order, impose a custodial sentence (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 152(2).
5
Where the Crown Court deals with an offender under sub-paragraph (1)(b) or (c), it must revoke the community order if it is still in force.
6
In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the community order is to be determined by the court and not by the verdict of a jury.