Sentencing Act 2020

Issue of summons or warrant by justice of the peace

8 (1) This paragraph applies where—

(a) a community order subject to magistrates’ court supervision is in force, and

(b) it appears on information to a justice of the peace that the offender has breached a requirement of the order.

(2) The justice may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender’s arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a) in the case of a community order imposing a drug rehabilitation requirement which is subject to review, if a magistrates’ court is responsible for the order, before that court, or

(b) in any other case, before a magistrates’ court acting in—

(i) the local justice area in which the offender resides, or

(ii) if it is not known where the offender resides, the offender’s home local justice area.

(4) Where—

(a) a summons is issued under this paragraph requiring the offender to appear before a magistrates’ court, and

(b) the offender does not appear in answer to the summons,

the magistrates’ court may issue a warrant for the arrest of the offender.