Domestic Violence, Crime and Victims Act 2004

Attendance centre orders

6 (1) Schedule 5 to the Sentencing Act (breach, revocation and amendment of attendance centre orders) is amended as follows.

(2) In paragraph 1(1) (issue of summons or warrant by justice of the peace), omit the words—

(a) “acting for a relevant petty sessions area”;

(b) “before a magistrates' court acting for the area”;

(c) “requiring him to be brought before such a court”.

(3) For paragraph 1(2) substitute—

“(2) Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought—

(a) before a magistrates' court acting for the petty sessions area in which the offender resides; or

(b) if it is not known where the offender resides, before a magistrates' court acting for the petty sessions area in which is situated the attendance centre which the offender is required to attend by the order or by virtue of an order under paragraph 5(1)(b) below.”

(4) In paragraph 2 (powers of magistrates' court to deal with breach), after sub-paragraph (5) insert—

“(5A) Where a magistrates' court dealing with an offender under sub-paragraph (1)(a) above would not otherwise have the power to amend the order under paragraph 5(1)(b) below (substitution of different attendance centre), that paragraph has effect as if references to an appropriate magistrates' court were references to the court dealing with the offender.”