Criminal Justice Act 2003

Powers of Crown Court E+W

10 (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— E+W

(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;

[F1 (aa) by ordering the offender to pay a fine of an amount not exceeding £2,500;]

(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) [F2 but may only amend the order to substitute a later date for that specified under section 177(5) in accordance with sub-paragraphs (3ZA) and (3ZB)].

[F3 (3ZA) A date substituted under sub-paragraph (3)—

(a) may not fall outside the period of six months beginning with the date previously specified under section 177(5);

(b) subject to that, may fall more than three years after the date of the order.

(3ZB) The power under sub-paragraph (3) to substitute a date may not be exercised in relation to an order if that power or the power under paragraph 9(3) to substitute a date has previously been exercised in relation to that order.

(3ZC) A date substituted under sub-paragraph (3) is to be treated as having been specified in relation to the order under section section 177(5).]

[F4 (3A) Where—

(a) the court is dealing with the offender under sub-paragraph (1)(a), and

(b) the community order does not contain an unpaid work requirement,

section 199(2)(a) applies in relation to the inclusion of such a requirement as if for “40” there were substituted 20.]

[F5 (3B) A fine imposed under sub-paragraph (1)(aa) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.]

(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.

Textual Amendments

F1 Sch. 8 para. 10(1)(aa) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 67(5)(b), 151(1); S.I. 2012/2906, art. 2(a) (with art. 4)

F2 Words in Sch. 8 para. 10(3) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 66(4)(a), 151(1); S.I. 2012/2906, art. 2(a)

F3 Sch. 8 para. 10(3ZA)-(3ZC) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 66(4)(b), 151(1); S.I. 2012/2906, art. 2(a)

F4 Sch. 8 para. 10(3A) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 38(3), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 19

F5 Sch. 8 para. 10(3B) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 67(6), 151(1); S.I. 2012/2906, art. 2(a) (with art. 4)

Modifications etc. (not altering text)

C1 Sch. 8 para. 10 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 184, 383, Sch. 5 para. 14 (as amended (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 145, 153, Sch. 25 para. 32; S.I. 2009/1028, art. 2(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4; S.I. 2009/1028, art. 2(b)

C2 Sch. 8 para. 10(1)(b) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 383, Sch. 5 para. 8; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C3 Sch. 8 para. 10(4) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 383, Sch. 5 para. 8(4); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I1 Sch. 8 wholly in force at 4.4.2009; Sch. 8 not in force at Royal Assent, see s. 336(3); Sch. 8 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 32 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)