Serious Crime Act 2007

20 Powers of Crown Court to vary orders on conviction

(1) Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—

(a) has been convicted by or before a magistrates' court of having committed a serious offence in England and Wales and has been committed to the Crown Court to be dealt with; or

(b) has been convicted by or before the Crown Court of having committed a serious offence in England and Wales.

(2) The Crown Court may—

(a) in the case of a person who is the subject of a serious crime prevention order in England and Wales; and

(b) in addition to dealing with the person in relation to the offence;

vary the order if the court has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.

(3) Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of having committed a serious offence in Northern Ireland.

(4) The Crown Court may—

(a) in the case of a person who is the subject of a serious crime prevention order in Northern Ireland; and

(b) in addition to dealing with the person in relation to the offence;

vary the order if the court has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.

(5) A variation under this section may be made only on an application by the relevant applicant authority.

(6) A variation must not be made except—

(a) in addition to a sentence imposed in respect of the offence concerned; or

(b) in addition to an order discharging the person conditionally.

(7) A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).