Domestic Violence, Crime and Victims Act 2004

Community orders under the Sentencing Act E+W

4 (1) Schedule 3 to the Sentencing Act (breach, revocation and amendment of certain community orders), as it has effect on the day on which this Act is passed, is amended as follows. E+W

(2) In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit the words “ [F1 acting in the local justice area] concerned”.

(3) In paragraph 3(2) (court before which offender to appear or be brought), for paragraph (c) substitute—

“(c) in the case of a relevant order which is not an order to which paragraph (a) or (b) applies, before a magistrates' court [F1 acting in the local justice area] in which the offender resides or, if it is not known where he resides, before a magistrates' court [F1 acting in the local justice area] concerned.”

(4) In paragraph 4 (powers of magistrates' court to deal with breach), after sub-paragraph (3) insert—

“(3A) Where a magistrates' court dealing with an offender under sub-paragraph (1)(a), (b) or (c) above would not otherwise have the power to amend the relevant order under paragraph 18 below (amendment by reason of change of residence), that paragraph has effect as if the reference to a magistrates' court [F1 acting in the local justice area] concerned were a reference to the court dealing with the offender.”

Textual Amendments

F1 Words in Sch. 5 para. 4 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(c)}