SCHEDULES
SCHEDULE 5Breach, revocation and amendment of reparation order
PART 1Breach of reparation order
Powers of appropriate court
I12
1
This paragraph applies if it is proved to the satisfaction of the appropriate court that the offender has breached any requirement of the reparation order.
2
The appropriate court—
a
may order the offender to pay a fine of an amount not exceeding £1,000;
b
if the reparation order was made by a magistrates' court, may revoke the order and re-sentence the offender for the offence in respect of which the order was made, or
c
if the reparation order was made by the Crown Court, may—
i
commit the offender to custody, or
ii
release the offender on bail,
until the offender can be brought or appear before the Crown Court.
3
Where the appropriate court deals with the offender's case under sub-paragraph (2)(c) it must send the Crown Court a certificate signed by a justice of the peace giving—
a
particulars of the offender's failure to comply with the requirement in question, and
b
such other particulars of the case as may be desirable;
and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.
4
The appropriate court may not make an order under this paragraph unless the offender is before the court.
5
For powers to issue a summons or warrant to secure the offender's attendance, see paragraph 6.
6
In dealing with the offender under this paragraph the appropriate court must take into account the extent to which the offender has complied with the requirements of the reparation order.
7
A fine imposed under this paragraph is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
8
Where—
a
the offender is aged under 18, and
b
but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(a),
section 380 (order for payment by parent or guardian) applies to the fine.