PART 15ANCILLARY PROCEEDINGS
CHAPTER 1Community order proceedings
Breach of requirements: application for summons or warrant101
1
An application by the responsible officer for a summons or a warrant under paragraph 8 of Schedule 8 to the 2003 Act shall be made in writing to the court administration officer, specifying—
a
the requirement of the order with which the offender is alleged to have failed to comply;
b
the respect in which, and the date on which (or the dates between which) he is alleged to have failed to comply with that requirement;
c
whether he has within the previous twelve months been given a warning under paragraph 5 of Schedule 8 to the 2003 Act in respect of the order, and if so when and in what terms; and
d
any grounds on which, to the responsible officer's knowledge, the offender is likely to rely as constituting a reasonable excuse for the alleged failure to comply.
2
The court administration officer shall forward the application to the Judge Advocate General.
3
The Judge Advocate General may—
a
issue a summons under paragraph 8 of Schedule 8 to the 2003 Act requiring the offender to appear before the court for proceedings under paragraph 10 of that Schedule;
b
issue a warrant under paragraph 8 of that Schedule for the offender's arrest;
c
dismiss the application without a hearing; or
d
direct a hearing of the application.
4
If the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the responsible officer of the time and place appointed for the hearing.