http://www.legislation.gov.uk/id/ukpga/2004/28/schedule/5

http://www.legislation.gov.uk/ukpga/2004/28/schedule/5/paragraph/3

Domestic Violence, Crime and Victims Act 2004

An Act to amend Part 4 of the Family Law Act 1996, the Protection from Harassment Act 1997 and the Protection from Harassment (Northern Ireland) Order 1997; to make provision about homicide; to make common assault an arrestable offence; to make provision for the payment of surcharges by offenders; to make provision about alternative verdicts; to provide for a procedure under which a jury tries only sample counts on an indictment; to make provision about findings of unfitness to plead and about persons found unfit to plead or not guilty by reason of insanity; to make provision about the execution of warrants; to make provision about the enforcement of orders imposed on conviction; to amend section 58 of the Criminal Justice Act 2003 and to amend Part 12 of that Act in relation to intermittent custody; to make provision in relation to victims of offences, witnesses of offences and others affected by offences; and to make provision about the recovery of compensation from offenders.

text

text/xml

Statute Law Database

2024-11-04

Expert Participation

2024-10-30

Domestic Violence, Crime and Victims Act 2004

s. 8A and cross-heading

Victims and Prisoners Act 2024

s. 19(2)

s. 32

s. 81(2)

Domestic Violence, Crime and Victims Act 2004

s. 37ZA

Victims and Prisoners Act 2024

s. 21(3)

s. 32

s. 81(2)

Domestic Violence, Crime and Victims Act 2004

s. 49(4A)

Victims and Prisoners Act 2024

s. 22(2)(c)

s. 32

s. 81(2)

Domestic Violence, Crime and Victims Act 2004

s. 49(5A)

Victims and Prisoners Act 2024

s. 22(2)(d)

s. 32

s. 81(2)

Domestic Violence, Crime and Victims Act 2004

s. 49A

Victims and Prisoners Act 2024

s. 22(3)

s. 32

s. 81(2)

Domestic Violence, Crime and Victims Act 2004

s. 51A

Victims and Prisoners Act 2024

s. 22(4)

s. 32

s. 81(2)

Domestic Violence, Crime and Victims Act 2004

Sch. 9

para. 11A

Victims and Prisoners Act 2024

s. 22(5)(b)

s. 32

s. 81(2)

Domestic Violence, Crime and Victims Act 2004

Sch. 9

para. 16A

Victims and Prisoners Act 2024

s. 22(5)(c)

s. 32

s. 81(2)

Domestic Violence, Crime and Victims Act 2004

Sch. 9

para. 29A-29C

Victims and Prisoners Act 2024

s. 22(5)(d)

s. 32

s. 81(2)

Domestic Violence, Crime and Victims Act 2004

Sch. 9

para. 26A

Criminal Justice and Courts Act 2015

Sch. 3

para. 12

s. 95(1)

SCHEDULES

SCHEDULE 5Procedure on breach of community penalty etc

Suspended sentence supervision orders

3

1

Section 123 of the Sentencing Act (breach of requirement of suspended sentence supervision order) is amended as follows.

2

In subsection (1) (issue of summons or warrant by justice of the peace) omit the words “acting for the F1local justice area for the time being specified in the order”.

3

For subsection (2) substitute—

2
Any summons or warrant issued under this section shall direct the offender to appear or be brought—
a
before a magistrates' court for the F2local justice area in which the offender resides; or
b
if it is not known where the offender resides, before a magistrates' court F3acting in the local justice area for the time being specified in the suspended sentence supervision order.

4

After subsection (4) insert—

5
Where a magistrates' court dealing with an offender under this section would not otherwise have the power to amend the suspended sentence supervision order under section 124(3) below (amendment by reason of change of residence), that provision has effect as if the reference to a magistrates' court F4acting in the local justice area for the time being specified in the suspended sentence supervision order were a reference to the court dealing with the offender.