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1(1)In this Schedule, in relation to a suspended sentence order—
“activation order” has the meaning given by paragraph 14(1);
“the appropriate court” means—
in the case of a suspended sentence order which is subject to review, the court responsible for the order,
in the case of a Crown Court order, the Crown Court, and
in any other case, a magistrates’ court acting in the local justice area for the time being specified in 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.
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)For this purpose, “public sector provider” means—
(a)a probation trust or other public body, or
(b)the Secretary of State.
3In this Schedule—
“order subject to magistrates’ court supervision” means a suspended sentence order that imposes any community requirement which—
was made by a magistrates’ court, or
was made by the Crown Court and includes a direction that any breach of a community requirement of the order is to be dealt with by a magistrates’ court;
“Crown Court order” means a suspended sentence order that imposes any community requirement which—
was made by the Crown Court, and
does not include a direction that any breach of a community requirement of the order is to be dealt with by a magistrates’ court.
4(1)For the purposes of this Schedule, a suspended sentence order is subject to review if—
(a)the order is subject to review in accordance with section 293(1), or
(b)the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.
(2)In this Schedule, a reference to the court responsible for a suspended sentence order which is subject to review is to the responsible court within the meaning given—
(a)in section 293(4), or
(b)in paragraph 21(4) of Schedule 9,
(as the case may be).
5A suspended sentence order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.
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