Domestic Violence, Crime and Victims Act 2004

Community orders under the 2003 Act

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

(2) In paragraph 7(2) (issue of summons or warrant by justice of the peace) omit the words “acting for the petty sessions 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 acting for the petty sessions area in which the offender resides or, if it is not known where he resides, before a magistrates' court acting for the petty sessions 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 acts for a petty sessions 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 acting for the area so specified.”