EXPLANATORY NOTE
(This note is not part of the Order)
This Order is the second use of the power contained in section 178 of the Criminal Justice Act 2003 which allows the Secretary of State, by order, to give criminal courts the power to review community orders made under the Criminal Justice Act 2003 and to make provisions relating to the frequency and conduct of those reviews and the courts’ power upon review. This power was first used in relation to a pilot conducted at the North Liverpool Community Justice Centre and the City of Salford Magistrates’ Court by the Community Order (Review by Specified Courts in Liverpool and Salford) Order 2006 (“the 2006 Order”). The pilot is now being extended to a further twelve magistrates’ courts.
This Order provides for the courts listed in Article 2(2) to make provision for reviews of community orders either when making or amending a community order. Article 3 makes provision in relation to the timing of reviews, and allows among other things, the provision of a report on the offender’s progress to be provided by the responsible officer to the court before each review. Article 4 makes provision in relation to the court’s power to amend the community order at a review hearing. It also includes provision enabling a review to be held without a hearing. Article 5 revokes the 2006 Order; the courts specified in the 2006 Order are now listed in Article 2(2) of this Order.