Domestic Violence, Crime and Victims Act 2004

3 (1) Section 123 of the Sentencing Act (breach of requirement of suspended sentence supervision order) is amended as follows. E+W

(2) In subsection (1) (issue of summons or warrant by justice of the peace) omit the words “acting for the [F1 local 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 [F2 local justice area] in which the offender resides; or

(b) if it is not known where the offender resides, before a magistrates' court [F3 acting 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 [F4 acting 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.”

Textual Amendments

F1 Words in Sch. 5 para. 3(2) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(b)(i)}

F2 Words in Sch. 5 para. 3(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(b)(ii)}

F3 Words in Sch. 5 para. 3(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(b)(ii)}

F4 Words in Sch. 5 para. 3(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(b)(iii)}