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.