Part 12Sentencing
Chapter 4Further provisions about orders under Chapters 2 and 3
Requirements available in case of all offenders
211Periodic 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 F1... officer’s report referred to in that subsection F2(“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
F4(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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).
F5(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
If at a review hearing (as defined by section 210(1)(b)) the court, after considering the F6review 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 F7review 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 F8. . . .