Sentencing Act 2020 (c. 17)

SCHEDULES

SCHEDULE 10 Breach, revocation or amendment of community order

PART 1 Preliminary

Meaning of particular expressions relating to an order

1 (1) In this Schedule, in relation to a community order—

• “appropriate court” means—

  (a)

  if the community order imposes a drug rehabilitation requirement which is subject to review, the court responsible for the order (see paragraph 4);

  (b)

  if the community order is a Crown Court community order, the Crown Court;

  (c)

  in any other case, a magistrates’ court acting in the offender’s home local justice area;

• “treatment requirement”, in relation to a community order, means—

  (a)

  a mental health treatment requirement of the order,

  (b)

  a drug rehabilitation requirement of the order, or

  (c)

  an alcohol treatment requirement of the order.

(2) In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.

Enforcement officers

2 (1) In this Schedule, “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.

(2) An enforcement officer must be an officer of a provider of probation services that is a public sector provider.

(3) In sub-paragraph (2) “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

Community order subject to magistrates’ court supervision and Crown Court order

3 In this Schedule—

• “community order subject to magistrates’ court supervision” means a community order which—

  (a)

  was made by a magistrates’ court, or

  (b)

  was made by the Crown Court and includes a direction under section 211 (order to be subject to magistrates’ court supervision);

• “Crown Court community order” means a community order which—

  (a)

  was made by the Crown Court, and

  (b)

  does not include a direction under that section.

Requirements subject to review

4 For the purposes of this Schedule—

(a) a drug rehabilitation requirement of a community order is subject to review if it is subject to review in accordance with paragraph 21 of Schedule 9;

(b) a reference to the court responsible for a community order imposing a drug rehabilitation requirement which is subject to review is to the responsible court within the meaning of that paragraph.

Orders made on appeal

5 A community order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.