SCHEDULES

SCHEDULE 16Breach or amendment of suspended sentence order, and effect of further conviction

PART 2Breach of community requirement or conviction of further offence

8Order subject to magistrates’ court supervision: issue of summons or warrant by justice

1

This paragraph applies where, during the supervision period of an order subject to magistrates’ court supervision, it appears on information to a justice of the peace that the offender has breached any community 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 suspended sentence order which is subject to review, before the court responsible for the order;

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, in the offender’s home local justice area.

4

Where—

a

a summons issued under this paragraph requires 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.