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 F1paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the 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 F2paragraph 6 of Schedule 10 to the Sentencing Code 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 F3paragraph 8A of Schedule 10 to the Sentencing Code requiring the offender to appear before the court for proceedings under F4paragraph 11 of that Schedule;

b

issue a warrant under F5paragraph 8A 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.