Domestic Violence, Crime and Victims Act 2004

7 (1) Schedule 8 to the 2003 Act (breach, revocation or amendment of community order) is amended as follows. E+W

(2) In paragraph 7(2)(issue of summons or warrant by justice of the peace) omit the words “ [F1 acting in the local justice area] concerned”.

(3) In paragraph 7(3) (court before which offender to appear or be brought), for paragraph (b) substitute—

“(b) in any other case, 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 9 (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) would not otherwise have the power to amend the community order under paragraph 16 (amendment by reason of change of residence), that paragraph has effect as if the references to the appropriate court were references to the court dealing with the offender.”

(5) In paragraph 27 (provision of copies of orders), at the end of sub-paragraph (1)(c) insert “, and

(d) where the court [F2 acts in a local justice area] other than the one specified in the order prior to the revocation or amendment, provide a copy of the revoking or amending order to a magistrates' court [F3 acting in the area] so specified.”

Textual Amendments

F1 Words in Sch. 5 para. 7(2)(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(e)}

F2 Words in Sch. 5 para. 7(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(f)}

F3 Words in Sch. 5 para. 7(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), arts, 1, 2, {Sch. para. 113(f)}