Sentencing (Pre-consolidation Amendments) Act 2020

53 (1) Schedule 8 (breach, revocation and amendment of reparation orders) is amended as follows.

(2) In paragraph 2 (breach of requirement of reparation order)—

(a) in sub-paragraph (1), in paragraphs (a) and (b), after “youth court”, in each place it occurs, insert “, or, if the offender is aged 18 or over, a magistrates’ court other than a youth court,”;

(b) in sub-paragraph (2)—

(i) in paragraph (b) (re-sentencing powers of appropriate court), for “he could have been dealt with for that offence by the court which made the order if the order had not been made” substitute “the appropriate court could deal with the offender if it had just convicted him of that offence (but the offender were the same age as when in fact convicted)”;

(ii) in paragraph (c), for “in” substitute “to”;

(c) in sub-paragraph (3), for “an offender” substitute “an offender’s case”;

(d) in sub-paragraph (4), for “have dealt with him for that offence if it had not made the order” substitute “deal with the offender if the offender had just been convicted before it of that offence (but were the same age as when in fact convicted)”;

(e) after that sub-paragraph insert—

“(4A) But if the reparation order was made by the Crown Court where its powers to deal with the offender for the offence were those (however expressed) which would have been exercisable by a magistrates’ court on convicting the offender of the offence, the power of the Crown Court under sub-paragraph (4) is power to deal with the offender in any way in which a magistrates’ court could deal with the offender if it had just convicted the offender of the offence (but as if the offender were the same age as when in fact convicted).”;

(f) in sub-paragraph (8)—

(i) in paragraph (b), omit “the criminal division of”;

(ii) omit the words after paragraph (b);

(g) after sub-paragraph (8) insert—

“(8A) In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the order is to be determined by the court and not by the verdict of a jury.”

(3) In paragraph 5 (revocation and amendment of reparation order), in sub-paragraph (1)(b)(ii), for the words after “any provision which” substitute “it could include in a reparation order if it were now making such an order in respect of the offence for which the order was made, if the offender had just been convicted by it of that offence (but were the same age as when in fact convicted)”.

(4) In paragraph 6 (presence of offender in court, remands etc)—

(a) in sub-paragraph (5)(b), omit—

(i) “subject to sub-paragraph (7) below”;

(ii) “to local authority accommodation”;

(b) omit sub-paragraph (6);

(c) after that sub-paragraph insert—

“(6A) If the offender is aged under 18, any remand under sub-paragraph (5) is to be to local authority accommodation.”;

(d) omit sub-paragraph (7).