SCHEDULES

C1SCHEDULE 8Breach, revocation or amendment of community order

Annotations:
Modifications etc. (not altering text)
C1

Sch. 8 modified (4.4.2010) by Criminal Procedure (Scotland) Act 1995 (c. 46), s. 234(6) (as substituted by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 70(8); S.I. 2005/950, art. 2, Sch. 1 para. 42(29) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))) (as amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) (which S.I. was revoked by S.I. 2009/3111, art. 2)) (as amended (3.4.2009) by S.I. 2009/616, arts. 1, 2) (as amended (30.11.2009) by S.I. 2009/3111, arts. 1, 2))

Part 2Breach of requirement of order

Issue of summons or warrant by justice of the peace

I17

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.

F12

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

F3b

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.