C7C6Part 12Sentencing
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))
C3C4C5 Chapter 4Further provisions about orders under Chapters 2 and 3
Pt. 12 Ch. 4 applied (with modifications) (8.12.2008) by Children Act 1989 (c. 41), Sch. A1 paras. 1-3 (as inserted by the Children and Adoption Act 2006 (c. 20), ss. 4(2), 17, Sch. 1); S.I. 2008/2870, art. 2(2)(c)
Pt. 12 Ch. 4 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 178(3)(4), 196(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Pt. 12 Ch. 4 extended (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 182(4)-(6), 383 (subject to s. 183) (as amended (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 33(3) (with Sch. 16 para. 35); S.I. 2013/2981, art. 2(e)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Pt. 12 Ch. 4 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Requirements available in case of all offenders
I1C1C2211Periodic review of drug rehabilitation requirement
1
At a review hearing (within the meaning given by subsection (1) of section 210) the court may, after considering the F5... officer’s report referred to in that subsection F6(“the review officer's report”), amend the community order or suspended sentence order, so far as it relates to the drug rehabilitation requirement.
2
The court—
a
may not amend the drug rehabilitation requirement unless the offender expresses his willingness to comply with the requirement as amended, F3and
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
except with the consent of the offender, may not amend any requirement or provision of the order while an appeal against the order is pending.
3
If the offender fails to express his willingness to comply with the drug rehabilitation requirement as proposed to be amended by the court, the court may—
a
revoke the community order, or the suspended sentence order and the suspended sentence to which it relates, 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 subsection (3)(b), the court—
a
shall 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).
F15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
If at a review hearing (as defined by section 210(1)(b)) the court, after considering the F7review officer’s report, is of the opinion that the offender’s progress under the requirement is satisfactory, the court may so amend the order as to provide for each subsequent review to be made by the court without a hearing.
7
If at a review without a hearing the court, after considering the F8review officer’s report, is of the opinion that the offender’s progress under the requirement is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.
8
At that hearing the court, after considering that report, may—
a
exercise the powers conferred by this section as if the hearing were a review hearing, and
b
so amend the order as to provide for each subsequent review to be made at a review hearing.
9
In this section any reference to the court, in relation to a review without a hearing, is to be read—
a
in the case of the Crown Court, as a reference to a judge of the court;
b
in the case of a magistrates' court, as a reference to a justice of the peace F2. . . .
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4