Criminal Justice Act 2003 (c. 44)

SCHEDULES

F1 SCHEDULE 8 E+W Breach, revocation or amendment of community order

Textual Amendments

F1 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)

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(subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))) (as amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) (which S.I. was revoked by S.I. 2009/3111, art. 2)) (as amended (3.4.2009) by S.I. 2009/616, arts. 1, 2) (as amended (30.11.2009) by S.I. 2009/3111, arts. 1, 2))

C2 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 4 E+W Amendment of order

Modifications etc. (not altering text)

C3 Sch. 8 Pt. 4 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. 5, 16; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Amendment by reason of change of residence E+W

16 [F2 (1) This paragraph applies where, at any time while a community order is in force in respect of an offender, the appropriate court is satisfied that the offender proposes to change, or has changed, his residence from the [F3 local justice area] concerned to another [F3 local justice area] . E+W

(2) Subject to sub-paragraphs (3) and (4), the appropriate court may, and on the application of the responsible officer must, amend the community order by substituting the other [F3 local justice area] for the area specified in the order.

(3) The court may not under this paragraph amend a community order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the [F3 local justice area] concerned unless, in accordance with paragraph 17, it either—

(a) cancels those requirements, or

(b) substitutes for those requirements other requirements which can be complied with if the offender ceases to reside in that area.

(4) The court may not amend under this paragraph a community order imposing a programme requirement unless it appears to the court that the accredited programme specified in the requirement is available in the other [F3 local justice area] .

(5) In this paragraph “the appropriate court” means—

(a) in relation to any community order imposing a drug rehabilitation requirement which is subject to review, the court responsible for the order,

(b) in relation to any community order which was made by the Crown Court and does not include any direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates' court, the Crown Court, and

(c) in relation to any other community order, a magistrates' court [F4 acting in the local justice area] concerned.]

[F2 (1) This paragraph applies where at any time while a community order is in force in respect of an offender—

(a) the offender is given permission under section 220A to change residence, and

(b) the local justice area in which the new residence is situated (“the new local justice area”) is different from the local justice area specified in the order.

(2) If the permission is given by a court, the court must amend the order to specify the new local justice area.

(3) If the permission is given by the responsible officer—

(a) the officer must apply to the appropriate court to amend the order to specify the new local justice area, and

(b) the court must make that amendment.

(4) In this paragraph “the appropriate court” means—

(a) in relation to a community order imposing a drug rehabilitation requirement which is subject to review, the court responsible for the order,

(b) in relation to a community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates' court, the Crown Court, and

(c) in relation to any other community order, a magistrates' court acting in the local justice area specified in the order.

Textual Amendments

F2 Sch. 8 paras. 16, 16A substituted for Sch. 8 para. 16 (1.2.2015 for specified purposes) by Offender Rehabilitation Act 2014 (c. 11), ss. 18(5), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(p)

F3 Words in Sch. 8 para. 16(1)-(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 106(d)

F4 Words in Sch. 8 para. 16(5)(c) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 106(d)

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)

16A (1) This paragraph applies where at any time while a community order is in force in respect of an offender— E+W

(a) a court amends the order,

(b) the order as amended includes a residence requirement requiring the offender to reside at a specified place, and

(c) the local justice area in which that place is situated (“the new local justice area”) is different from the local justice area specified in the order.

(2) The court must amend the order to specify the new local justice area.]

Textual Amendments

F2 Sch. 8 paras. 16, 16A substituted for Sch. 8 para. 16 (1.2.2015 for specified purposes) by Offender Rehabilitation Act 2014 (c. 11), ss. 18(5), 22(1) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(p)

Amendment of requirements of community order E+W

17 (1) The appropriate court may, on the application of the offender or [F5 an officer of a provider of probation services], by order amend a community order— E+W

(a) by cancelling any of the requirements of the order, or

(b) by replacing any of those requirements with a requirement of the same kind, which the court could include if it were then making the order.

(2) The court may not under this paragraph amend a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended.

(3) If the offender fails to express his willingness to comply with a mental health treatment requirement, drug rehabilitation requirement or alcohol treatment requirement as proposed to be amended by the court under this paragraph, the court may—

(a) revoke the community order, and

(b) deal 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.

(4) In dealing with the offender under sub-paragraph (3)(b), the court—

(a) must take into account the extent to which the offender has complied with the requirements of the order, and

(b) may 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) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this paragraph “the appropriate court” has the same meaning as in paragraph 16.

Textual Amendments

F5 Words in Sch. 8 para. 17(1) substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 6(6); S.I. 2014/1287, art. 2(d)

F6 Sch. 8 para. 17(5) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 96, Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xv)(u)(xxxi)

Modifications etc. (not altering text)

C4 Sch. 8 para. 17 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 184, 383, Sch. 5 para. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C5 Sch. 8 para. 17(3)(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(1); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C6 Sch. 8 para. 17(4)(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(4); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I2 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)

Amendment of treatment requirements of community order on report of practitioner E+W

18 (1) Where the medical practitioner or other person by whom or under whose direction an offender is, in pursuance of any requirement to which this sub-paragraph applies, being treated for his mental condition or his dependency on or propensity to misuse drugs or alcohol— E+W

(a) is of the opinion mentioned in sub-paragraph (3), or

(b) is for any reason unwilling to continue to treat or direct the treatment of the offender,

he must make a report in writing to that effect to the responsible officer and that officer must [F7 cause an application to be made] under paragraph 17 to the appropriate court for the variation or cancellation of the requirement.

(2) The requirements to which sub-paragraph (1) applies are—

(a) a mental health treatment requirement,

(b) a drug rehabilitation requirement, and

(c) an alcohol treatment requirement.

(3) The opinion referred to in sub-paragraph (1) is—

(a) that the treatment of the offender should be continued beyond the period specified in that behalf in the order,

(b) that the offender needs different treatment,

(c) that the offender is not susceptible to treatment, or

(d) that the offender does not require further treatment.

(4) In this paragraph “the appropriate court” has the same meaning as in paragraph 16.

Textual Amendments

F7 Words in Sch. 8 para. 18(1) substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 6(7); S.I. 2014/1287, art. 2(d)

Commencement Information

I3 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)

Amendment in relation to review of drug rehabilitation requirement E+W

19 E+W Where [F8 an officer of a provider of probation services] is of the opinion that a community order imposing a drug rehabilitation requirement which is subject to review should be so amended as to provide for each subsequent periodic review (required by section 211) to be made without a hearing instead of at a review hearing, or vice versa, he must apply under paragraph 17 to the court responsible for the order for the variation of the order.

Textual Amendments

F8 Words in Sch. 8 para. 19 substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 6(6); S.I. 2014/1287, art. 2(d)

Modifications etc. (not altering text)

C7 Sch. 8 para. 19 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 383, Sch. 5 para. 6; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I4 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)

[F9 Extension of order E+W

Textual Amendments

F9 Sch. 8 para. 19A and cross-heading inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 66(5), 151(1); S.I. 2012/2906, art. 2(a) (with art. 5(1))

19A (1) The appropriate court may, on the application of the offender or [F10 an officer of a provider of probation services], amend a community order by substituting a later date for that specified under section 177(5). E+W

(2) A date substituted under sub-paragraph (1)—

(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.

(3) The power under sub-paragraph (1) may not be exercised in relation to an order if it has previously been exercised in relation to that order.

(4) A date substituted under sub-paragraph (1) is to be treated as having been specified in relation to the order under section 177(5).

(5) In this paragraph “the appropriate court” has the same meaning as in paragraph 16.]

Textual Amendments

F10 Words in Sch. 8 para. 19A(1) substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 6(6); S.I. 2014/1287, art. 2(d)

Extension of unpaid work requirement E+W

20 (1) Where— E+W

(a) a community order imposing an unpaid work requirement is in force in respect of any offender, and

(b) on the application of the offender or [F11 an officer of a provider of probation services], it appears to the appropriate court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,

the court may, in relation to the order, extend the period of twelve months specified in section 200(2).

(2) In this paragraph “the appropriate court” has the same meaning as in paragraph 16.

Textual Amendments

F11 Words in Sch. 8 para. 20(1)(b) substituted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 6(6); S.I. 2014/1287, art. 2(d)

Commencement Information

I5 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)