SCHEDULES
C1C2F3 SCHEDULE 8Breach, revocation or amendment of community order
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(subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))) (as amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) (which S.I. was revoked by S.I. 2009/3111, art. 2)) (as amended (3.4.2009) by S.I. 2009/616, arts. 1, 2) (as amended (30.11.2009) by S.I. 2009/3111, arts. 1, 2))
Sch. 8 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 184, 383, Sch. 5 paras. 1, 10, 11; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4; (as amended (1.6.2014 for bringing paras 5, 6 into force only) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 paras. 5(2), 6(2), 10, 11 (with s. 23(4)); S.I. 2014/1287, art. 2(e))
Part 1Preliminary
Interpretation
I11
In this Schedule—
“the offender”, in relation to a community order, means the person in respect of whom the order is made;
“the F1local justice area concerned”, area in relation to a community order, means the F1local justice area for the time being specified in the order;
“the responsible officer” has the meaning given by section 197.
F21A
1
In this Schedule “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.
2
An enforcement officer must be an officer of a provider of probation services that is a public sector provider.
3
In sub-paragraph (2) “public sector provider” means—
a
a probation trust or other public body, or
b
the Secretary of State.
I22
In this Schedule—
a
references to a drug rehabilitation requirement of a community order being subject to review are references to that requirement being subject to review in accordance with section 210(1)(b);
b
references to the court responsible for a community order imposing a drug rehabilitation requirement which is subject to review are to be construed in accordance with section 210(2).
I33
For the purposes of this Schedule—
a
a requirement falling within any paragraph of section 177(1) is of the same kind as any other requirement falling within that paragraph, and
Orders made on appeal
I44
Where a community order has been made on appeal, it is to be taken for the purposes of this Schedule to have been made by the Crown Court.
Sch. 8 amendment to earlier affecting provision 2006 c. 52, Sch. 5 paras. 1, 10 (1.6.2014 brings paras 5, 6 into force only, 1.2.2015 in so far as not already in force) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 paras. 5(2), 6(2), 10, 11 (with s. 23(4)); S.I. 2014/1287, art. 2(e); S.I. 2015/40, art. 2(w)