SCHEDULE 16Breach or amendment of suspended sentence order, and effect of further conviction
PART 4Supplementary
Provision of copies of orders etc
28
(1)
This paragraph applies on the making by a court of an order under this Schedule amending or revoking a suspended sentence order.
(2)
The court must provide copies of the amending or revoking order to—
(a)
the offender, and
(b)
the responsible officer.
(3)
In the case of an amending order which substitutes a new local justice area as the offender's home local justice area, the court must also provide a copy of the amending order to—
(a)
a provider of probation services that is a public sector provider operating in that area, and
(b)
the magistrates' court acting in that area.
(4)
In the case of an amending order which imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the amending order as relates to that requirement.
The requirement | The person to whom a copy must be provided |
|---|---|
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender | The person intended to be protected |
A residence requirement relating to residence in an institution | The person in charge of the institution |
A mental health treatment requirement | The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule |
A drug rehabilitation requirement | The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9 |
An alcohol treatment requirement | The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule |
An electronic monitoring requirement | Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring |
Any person without whose consent the requirement could not be included in the order. |
(5)
Where the court acts in a local justice area other than the offender's home local justice area specified in the order prior to the amendment or revocation (“the former home area”), the court must provide a copy of the amending or revoking order to a magistrates' court acting in the former home area.
(6)
Where under sub-paragraph (3) the court provides a copy of an amending or revoking order to a magistrates' court acting in a different area, it must also provide that court with such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.
(7)
In this paragraph “public sector provider” means—
(a)
a probation trust or other public body, or
(b)
the Secretary of State.