SCHEDULES

SCHEDULE 8Breach, revocation or amendment of community order

Part 2Breach of requirement of order

Issue of summons or warrant by justice of the peace

7

(1)

This paragraph applies to—

(a)

a community order made by a magistrates' court, or

(b)

any community order which was made by the Crown Court and includes a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates' court.

F1(2)

If at any time while a community order to which this paragraph applies is in force it appears on information to a justice of the peace F2. . . that the offender has failed to comply with any of the requirements of the order, the justice may—

(a)

issue a summons requiring the offender to appear at the place and time specified in it, or

(b)

if the information is in writing and on oath, issue a warrant for his arrest.

(3)

Any summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a)

in the case of a community order imposing a drug rehabilitation requirement which is subject to review, before the magistrates' court responsible for the order, or

F3(b)

in any other case, before a magistrates' court F4acting in the local justice area in which the offender resides or, if it is not known where he resides, before a magistrates' court acting for the petty sessions area concerned.

(4)

Where a summons issued under sub-paragraph (2)(a) requires the offender to appear before a magistrates' court and the offender does not appear in answer to the summons, the magistrates' court may issue a warrant for the arrest of the offender.