SCHEDULES

SCHEDULE 5Breach, revocation and amendment of reparation order

PART 2Revocation and amendment of reparation order

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1

This paragraph applies where—

a

a reparation order is in force in respect of an offender, and

b

the offender or the responsible officer makes an application to the relevant court under this paragraph.

2

In this paragraph “the relevant court” means—

a

a youth court acting in the offender's home local justice area, or

b

in the case of an application made both under this paragraph and under paragraph 1, the appropriate court (as defined in that paragraph).

3

Where the responsible officer makes an application to a court under this paragraph, the responsible officer may bring the offender before the court.

But this is subject to paragraph 6.

4

If it appears to the relevant court that it is appropriate to make an order under this sub-paragraph, the court may—

a

make an order revoking the reparation order, or

b

make an order amending it—

i

by cancelling any provision included in it, or

ii

by inserting in it (either in addition to or in substitution for any of its provisions) any provision which it could include in a reparation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence.

5

In this paragraph—

  • “relevant offence” means the offence in respect of which the reparation order was made, and

  • the “relevant assumptions” are that—

    1. a

      the offender has just been convicted by the relevant court of the relevant offence, and

    2. b

      the offender is the same age as when in fact convicted of that offence.

6

Unless the offender is before it, the relevant court may not amend the reparation order under this paragraph, except to—

a

cancel a requirement included in the order,

b

substitute a new local justice area for the offender's home local justice area specified in the order, or

c

change the responsible officer.

7

Where an application under this paragraph for the revocation of a reparation order is dismissed, no-one may make a further application for its revocation under this paragraph except with the consent of the relevant court.