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Powers of Criminal Courts Act 1973 (repealed)
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Changes over time for: Section 11
Version Superseded: 01/10/1992
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- 01/02/1991- Amendment
- 01/02/1991
Point in time - 01/10/1992- Amendment
- 30/09/1998- Amendment
- Stop date 25/08/2000- Amendment
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11 Substitution of conditional discharge for probation.E+W
(1)Where on an application made by the probationer or the probation officer it appears to the court having power to discharge a probation order that the order is no longer appropriate in the case of the probationer, the court may make, in substitution for the probation order, an order discharging him in respect of the original offence, subject to the condition that he commits no offence between the making of the order under this section and the expiration of the probation period.
[F1(1A)No application may be made under subsection (1) above while an appeal against the probation order is pending]
(2)A person in respect of whom an order is made under this section shall so long as the condition mentioned in subsection (1) above continues in force be treated in all respects and in particular for the purposes of section 8 of this Act as if the original order made in his case had been an order for conditional discharge made by the court which made the original order and as if the period of conditional discharge were the same as the probation period.
(3)Where an application under this section is made by the probation officer, it may be heard in the absence of the probationer if the officer produces to the court a statement by him that he understands the effect of an order under this section and consents to the application being made.
(4)On the making of an order under this section the appropriate officer of the court shall forthwith give copies of the order to the probation officer, who shall give a copy to the person in respect of whom the order is made and to the person in charge of any institution in which that person was required by the probation order to reside.
Textual Amendments
F1S. 11(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 66(3)(a)
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