Criminal Justice Act 1991

Section 14(1).

SCHEDULE 2E+W Enforcement etc. of Community Orders

Part IE+W Preliminary

1(1)In this Schedule “relevant order” means any of the following orders, namely, a probation order, [F1a drug treatment and testing order,] a community service order and a curfew order; and “the petty sessions area concerned” means—

(a)in relation to a [F2probation, community service or drug treatment and testing order], the petty sessions area for the time being specified in the order; and

(b)in relation to a curfew order, the petty sessions area in which the place for the time being specified in the order is situated.

(2)Subject to sub-paragraph (3) below, this Schedule shall apply in relation to combination orders—

(a)in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 of this Act, as if they were probation orders; and

(b)in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.

(3)In its application to combination orders, paragraph 6(3) below shall have effect as if the reference to section 14(1A) of the 1973 Act were a reference to section 11(1) of this Act.

[F3(4)In this Schedule, references to the court responsible for a drug treatment and testing order shall be construed in accordance with section 62(9) of the Crime and Disorder Act 1998.]

[F4(5)Where a probation order, community service order, combination order or curfew order has been made on appeal, for the purposes of this Schedule it shall be deemed—

(a)if it was made on an appeal brought from a magistrates’ court, to have been made by a magistrates’ court;

(b)if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court.]

[F5(6)Where a drug treatment and testing order has been made on an appeal brought from the Crown Court, or from the criminal division of the Court of Appeal, for the purposes of this Schedule it shall be deemed to have been made by the Crown Court.]

Part IIE+W Breach of Requirement of Order

Issue of summons or warrantE+W

2(1)If at any time while a relevant order is in force in respect of an offender it appears on information to a justice of the peace acting for the petty sessions area concerned that the offender has failed to comply with any of the requirements of the order, the justice may—

[F6(a)in the case of a drug treatment and testing order, before the court responsible for the order;

(b)in the case of any other relevant order which was made by the Crown Court and included a direction that any failure to comply with any of the requirements of the order be dealt with by the Crown Court, before the Crown Court; and

(c)in the case of any other relevant order, before a magistrates’ court acting for the petty sessions area concerned.]

(2)Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought

[F7(a)except where the relevant order is a drug treatment and testing order, before a magistrates’ court acting for the petty sessions area concerned;

(b)in the excepted case, before the court responsible for the order.]

Powers of magistrates’ courtE+W

3(1)If it is proved to the satisfaction of [F8a magistrates’ court]before which an offender appears or is brought under paragraph 2 above that he has failed without reasonable excuse to comply with any of the requirements of the relevant order, the court may deal with him in respect of the failure in any one of the following ways, namely—

(a)it may impose on him a fine not exceeding £1,000;

(b)subject to paragraph 6(3) to (5) below, it may make a community service order in respect of him;

[F9(c)where—

(i)the relevant order is a probation order and the offender is under the age of twenty-one years, or

(ii)the relevant order is a curfew order and the offender is under the age of sixteen years,

and the court has been notified as required by subsection (1) of section 17 of the 1982 Act, it may (subject to paragraph 6(6) below) make in respect of him an order under that section (attendance centre orders); or]

(d)where the relevant order was made by a magistrates’ court, it may F10. . . deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

(2)In dealing with an offender under sub-paragraph (1)(d) above, a magistrates’ court—

(a)shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

[F11(b)in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in section 1(2) of this Act.]

[F12(2A)Where a magistrates’ court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force.]

(3)Where a relevant order was made by the Crown Court and a magistrates’ court has power to deal with the offender under sub-paragraph (1)(a), (b) or (c) above, it may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court.

(4)A magistrates’ court which deals with an offender’s case under sub-paragraph (3) above shall send to the Crown Court—

(a)a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the relevant order in the respect specified in the certificate; and

(b)such other particulars of the case as may be desirable;

and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.

(5)A person sentenced under sub-paragraph (1)(d) above for an offence may appeal to the Crown Court against the sentence.

Powers of Crown CourtE+W

4(1)Where [F13under paragraph 2 or] by virtue of paragraph 3(3) above an offender is brought or appears before the Crown Court and it is proved to the satisfaction of the court that he has failed [F14without reasonable excuse] to comply with any of the requirements of the relevant order, that court may deal with him in respect of the failure in any one of the following ways, namely—

(a)it may impose on him a fine not exceeding £1,000;

(b)subject to paragraph 6(3) to (5) below, it may make a community service order in respect of him;

[F15(c)where—

(i)the relevant order is a probation order and the offender is under the age of twenty-one years, or

(ii)the relevant order is a curfew order and the offender is under the age of sixteen years,

and the court has been notified as required by subsection (1) of section 17 of the 1982 Act, it may (subject to paragraph 6(6) below) make in respect of him an order under that section (attendance centre orders); or]

(d)it may F16. . . deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted [F17before the Crown Court] of the offence.

(2)In dealing with an offender under sub-paragraph (1)(d) above, the Crown Court—

(a)shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

[F18(b)in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in section 1(2) of this Act.]

[F19(2A)Where the Crown Court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force.]

(3)In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the relevant order shall be determined by the court and not by the verdict of a jury.

ExclusionsE+W

5(1)Without prejudice to paragraphs 7 and 8 below, an offender who is convicted of a further offence while a relevant order is in force in respect of him shall not on that account be liable to be dealt with under paragraph 3 or 4 above in respect of a failure to comply with any requirement of the order.

(2)An offender who

[F20(a)is required by a probation order to submit to treatment for his mental condition, or his dependency on or propensity to misuse drugs or alcohol; or

(b)is required by a drug treatment and testing order to submit to treatment for his dependency on or propensity to misuse drugs,]

shall not be treated for the purposes of paragraph 3 or 4 above as having failed to comply with that requirement on the ground only that he has refused to undergo any surgical, electrical or other treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.

SupplementalE+W

6(1)Any exercise by a court of its powers under paragraph 3(1)(a), (b) or (c) or 4(1)(a) [F21, (b) or (c)] above shall be without prejudice to the continuance of the relevant order.

[F22(2)A fine imposed under paragraph 3(1)(a) or 4(1)(a) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.]

(3)The number of hours which an offender may be required to work under a community service order made under paragraph 3(1)(b) or 4(1)(b) above—

(a)shall be specified in the order and shall not exceed 60 in the aggregate; and

(b)where the relevant order is a community service order, shall not be such that the total number of hours under both orders exceeds the maximum specified in section 14(1A) of the 1973 Act.

[F23(3A)A community service order shall not be made under paragraph 3(1)(b) or 4(1)(b) above in respect of a person who is under the age of sixteen years.]

(4)Section 14(2) of the 1973 Act and, so far as applicable—

(a)the following provisions of that Act relating to community service orders; and

(b)the provisions of this Schedule so far as so relating,

shall have effect in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above as they have effect in relation to a community service order in respect of an offender.

[F24(5)Where the provisions of this Schedule have effect as mentioned in sub-paragraph (4) above in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above—

(a)the power conferred on the court by each of paragraphs 3(1)(d) and 4(1)(d) above and paragraph [F257(2)(b)]below to deal with the offender for the offence in respect of which the order was made shall be construed as a power to deal with the offender, for his failure to comply with the original order, in any manner in which the court could deal with him if that failure to comply had just been proved to the satisfaction of the court;

(b)the [F25references in paragraphs 7(1)(b) and 8(1)(a)] below to the offence in respect of which the order was made shall be construed as [F25references] to the failure to comply in respect of which the order was made; and

(c)the power conferred on the court by paragraph 8(2)(b) below to deal with the offender for the offence in respect of which the order was made shall be construed as a power to deal with the offender, for his failure to comply with the original order, in any manner in which the court which made the original order could deal with him if that failure had just been proved to the satisfaction of that court;

and in this sub-paragraph “the original order” means the relevant order the failure to comply with whose requirements led to the making of the community service order under paragraph 3(1)(b) or 4(1)(b).]

[F26(6)The provisions of sections 17 to 19 of the 1982 Act (making, discharge, variation and breach of attendance centre order) shall apply for the purposes of paragraphs 3(1)(c) and 4(1)(c) above but as if there were omitted—

(a)subsection (13) of section 17;

(b)from subsection (4A) of section 18 and subsections (3) and (5) of section 19, the words “, for the offence in respect of which the order was made,” and “for that offence”.]

[F276A(1)Where a relevant order was made by a magistrates’ court in the case of an offender under 18 years of age in respect of an offence triable only on indictment in the case of an adult, any powers exercisable under paragraph 3(1)(d) above by that or any other court in respect of the offender after he has attained the age of 18 years shall be powers to do either or both of the following—

(a)to impose a fine not exceeding £5,000 for the offence in respect of which the order was made;

(b)to deal with the offender for that offence in any way in which a magistrates’ court could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months.

(2)In sub-paragraph (1)(b) above any reference to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders.]

SupplementalE+W

6(1)Any exercise by a court of its powers under paragraph 3(1)(a), (b) or (c) or 4(1)(a) [F21, (b) or (c)] above shall be without prejudice to the continuance of the relevant order.

[F22(2)A fine imposed under paragraph 3(1)(a) or 4(1)(a) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.]

(3)The number of hours which an offender may be required to work under a community service order made under paragraph 3(1)(b) or 4(1)(b) above—

(a)shall be specified in the order and shall not exceed 60 in the aggregate; and

(b)where the relevant order is a community service order, shall not be such that the total number of hours under both orders exceeds the maximum specified in section 14(1A) of the 1973 Act.

[F23(3A)A community service order shall not be made under paragraph 3(1)(b) or 4(1)(b) above in respect of a person who is under the age of sixteen years.]

(4)Section 14(2) of the 1973 Act and, so far as applicable—

(a)the following provisions of that Act relating to community service orders; and

(b)the provisions of this Schedule so far as so relating,

shall have effect in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above as they have effect in relation to a community service order in respect of an offender.

[F24(5)Where the provisions of this Schedule have effect as mentioned in sub-paragraph (4) above in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above—

(a)the power conferred on the court by each of paragraphs 3(1)(d) and 4(1)(d) above and paragraph [F257(2)(b)]below to deal with the offender for the offence in respect of which the order was made shall be construed as a power to deal with the offender, for his failure to comply with the original order, in any manner in which the court could deal with him if that failure to comply had just been proved to the satisfaction of the court;

(b)the [F25references in paragraphs 7(1)(b) and 8(1)(a)] below to the offence in respect of which the order was made shall be construed as [F25references] to the failure to comply in respect of which the order was made; and

(c)the power conferred on the court by paragraph 8(2)(b) below to deal with the offender for the offence in respect of which the order was made shall be construed as a power to deal with the offender, for his failure to comply with the original order, in any manner in which the court which made the original order could deal with him if that failure had just been proved to the satisfaction of that court;

and in this sub-paragraph “the original order” means the relevant order the failure to comply with whose requirements led to the making of the community service order under paragraph 3(1)(b) or 4(1)(b).]

[F26(6)The provisions of sections 17 to 19 of the 1982 Act (making, discharge, variation and breach of attendance centre order) shall apply for the purposes of paragraphs 3(1)(c) and 4(1)(c) above but as if there were omitted—

(a)subsection (13) of section 17;

(b)from subsection (4A) of section 18 and subsections (3) and (5) of section 19, the words “, for the offence in respect of which the order was made,” and “for that offence”.]

Part IIIE+W Revocation of Order

Revocation of order with or without re-sentencingE+W

7(1)This paragraph applies where a relevant order [F28made by a magistrates’ court]is in force in respect of any offender and, on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned [F29or, where the relevant order is a drug treatment and testing order [F30, to the magistrates’ court responsible for the order]] that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—

(a)that the order should be revoked; or

(b)that the offender should be dealt with in some other manner for the offence in respect of which the order was made.

[F31(2)The court may—

(a)revoke the order; or

(b)revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.]

(3)The circumstances in which a probation order [F32or drug treatment and testing order]may be revoked under sub-paragraph [F33(2)(a)] above shall include the offender’s making good progress or his responding satisfactorily to supervision [F34or, as the case may be, treatment].

(4)In dealing with an offender under sub-paragraph [F35(2)(b)]above, a magistrates’ court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

(5)An offender sentenced under sub-paragraph [F35(2)(b)]above [F36for an offence] may appeal to the Crown Court against the sentence.

F37(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Where a magistrates’ court proposes to exercise its powers under this paragraph otherwise than on the application of the offender it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

(8)No application may be made by the offender under sub-paragraph (1) above while an appeal against the relevant order is pending.

8[F38(1) This paragraph applies where—

(a)a relevant order made by the Crown Court is in force in respect of an offender and the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other manner for the offence in respect of which the order was made; or

(b)an offender in respect of whom a relevant order is in force is convicted of an offence before the Crown Court or, having been committed by a magistrates’ court to the Crown Court for sentence, is brought or appears before the Crown Court.]

(2)If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may—

(a)revoke the order; or

[F39(b)revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which the court which made the order could deal with him if he had just been convicted of that offence by or before the court which made the order.]

(3)The circumstances in which a probation order [F40or drug treatment and testing order] may be revoked under sub-paragraph (2)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision [F41or, as the case may be, treatment].

(4)In dealing with an offender under sub-paragraph (2)(b) above, the Crown Court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

[F428A(1)This paragraph applies where a probation order is in force in respect of any offender and on the application of the offender or the responsible officer [F43to a magistrates’ court acting for the petty sessions area concerned (where the order was made by a magistrates’ court) or the Crown Court (where the order was made by the Crown Court) it appears to the court]that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—

(a)for the probation order to be revoked; and

(b)for an order to be made under section 1A(1)(b) of the 1973 Act discharging the offender conditionally for the offence for which the probation order was made.

(2)No application may be made under paragraph 7 [F44or 8]above for a probation order to be revoked and replaced with an order for conditional discharge under section 1A(1)(b) of the 1973 Act; but otherwise nothing in this paragraph shall affect the operation of paragraphs 7 and 8 above.

(3)Where this paragraph applies F45. . .—

(a)[F46the court] dealing with the application may revoke the probation order and make an order under section 1A(1)(b) of the 1973 Act discharging the offender in respect of the offence for which the probation order was made, subject to the condition that he commits no offence during the period specified in the order under section 1A(1)(b); and

(b)the period specified in the order under section 1A(1)(b) shall be the period beginning with the making of that order and ending with the date when the probation period specified in the probation order would have ended.

F47(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For the purposes of [F48sub-paragraph (3)] above, subsection (1) of section 1A of the 1973 Act shall apply as if—

(a)for the words from the beginning to “may make an order either” there were substituted the words “Where paragraph 8A of Schedule 2 to the M1Criminal Justice Act 1991 applies, the court which under sub-paragraph (3) F49. . . of that paragraph has power to dispose of the application may (subject to the provisions of that sub-paragraph) make an order in respect of the offender”; and

(b)paragraph (a) of that subsection were omitted.

(7)An application under this paragraph may be heard in the offender’s absence if—

(a)the application is made by the responsible officer; and

(b)that officer produces to the court a statement by the offender that he understands the effect of an order for conditional discharge and consents to the making of the application;

and where the application is so heard section 1A(3) of the 1973 Act shall not apply.

(8)No application may be made under this paragraph while an appeal against the probation order is pending.

(9)Without prejudice to paragraph 11 below, on the making of an order under section 1A(1)(b) of the 1973 Act by virtue of this paragraph the court shall forthwith give copies of the order to the responsible officer, and the responsible officer shall give a copy to the offender.

(10)Each of sections 1(11), 2(9) and 66(4) of the Crime and Disorder Act 1998 (which prevent a court from making an order for conditional discharge in certain cases) shall have effect as if the reference to the court by or before which a person is convicted of an offence there mentioned included a reference to a court dealing with an application under this paragraph in respect of the offence.]

Revocation of order following custodial sentenceE+W

9(1)This paragraph applies where—

[F50(a)an offender in respect of whom a relevant order is in force is convicted of an offence—

(i)by a magistrates’ court other than a magistrates’ court acting for the petty sessions area concerned; or

(ii)where the relevant order is a drug treatment and testing order, by a magistrates’ court which is not responsible for the order; and]

(b)the court imposes a custodial sentence on the offender.

(2)If it appears to the court, on the application of the offender or the responsible officer, that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the court may—

(a)if the order was made by a magistrates’ court, revoke it; and

(b)if the order was made by the Crown Court, commit the offender in custody or release him on bail until he can be brought or appear before the Crown Court.

(3)Where the court deals with an offender’s case under sub-paragraph (2)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.

10Where by virtue of paragraph 9(2)(b) above an offender is brought or appears before the Crown Court and it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the relevant order was made, the Crown Court may revoke the order.

SupplementalE+W

11(1)On the making under this Part of this Schedule of an order revoking a relevant order, the clerk to the court shall forthwith give copies of the revoking order to the responsible officer.

(2)A responsible officer to whom in accordance with sub-paragraph (1) above copies of a revoking order are given shall give a copy to the offender and to the person in charge of any institution in which the offender was required by the order to reside.

[F5111AParagraph 6A above shall apply for the purposes of paragraphs 7 and 8 above as it applies for the purposes of paragraph 3 above, but as if in paragraph 6A(1) for the words “powers exercisable under paragraph 3(1)(d) above” there were substituted the words “powers to deal with the offender which are exercisable under paragraph [F527(2)(b)] or 8(2)(b) below”.]

[F5311BWhere under this Part of this Schedule a relevant order is revoked and replaced by an order for conditional discharge under section 1A(1)(b) of the 1973 Act and—

(a)the order for conditional discharge is not made in the circumstances mentioned in section 1B(9) of the 1973 Act (order made by magistrates’ court in the case of an offender under eighteen in respect of offence triable only on indictment in the case of an adult), but

(b)the relevant order was made in those circumstances,

section 1B(9) of the 1973 Act shall apply as if the order for conditional discharge had been made in those circumstances.]

Part IVE+W Amendment of Order

Amendment by reason of change of residenceE+W

12(1)This paragraph applies where, at any time while a relevant order [F54(other than a drug treatment and testing order)]is in force in respect of an offender, a magistrates’ court acting for the petty sessions area concerned is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area.

(2)Subject to sub-paragraphs (3) and (4) below, the court may, and on the application of the responsible officer shall, amend the relevant order by substituting the other petty sessions area for the area specified in the order or, in the case of a curfew order, a place in that other area for the place so specified.

(3)The court shall not amend under this paragraph a probation or curfew order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the petty sessions area concerned unless, in accordance with paragraph 13 below, it either—

(a)cancels those requirements; or

(b)substitutes for those requirements other requirements which can be complied with if the offender ceases to reside in that area.

(4)The court shall not amend a community service order under this paragraph unless it appears to the court that provision can be made for the offender to perform work under the order under the arrangements which exist for persons who reside in the other petty sessions area to perform work under such orders.

[F55(5)Where—

(a)the court amends a probation order or community service order under this paragraph;

(b)a local authority is specified in the order in accordance with section 2(2)(b) or 14(4)(c) of the 1973 Act; and

(c)the change, or proposed change, of residence also is or would be a change of residence from the area of that authority to the area of another such authority,

the court shall further amend the order by substituting the other authority for the authority specified in the order.

(6)In sub-paragraph (5) above “local authority” has the meaning given by section 42 of the Crime and Disorder Act 1998, and references to the area of a local authority shall be construed in accordance with that section.]

Amendment of requirements of probation or curfew orderE+W

13(1)Without prejudice to the provisions of paragraph 12 above, but subject to sub-paragraph (2) below, a magistrates’ court for the petty sessions area concerned may, on the application of the offender or the responsible officer, by order amend a probation or curfew order—

(a)by cancelling any of the requirements of the order; or

(b)by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include if it were then making the order.

(2)The power of a magistrates’ court under sub-paragraph (1) above shall be subject to the following restrictions, namely—

(a)the court shall not amend a probation order—

(i)by reducing the probation period, or by extending that period beyond the end of three years from the date of the original order; or

(ii)by inserting in it a requirement that the offender shall submit to treatment for his mental condition, or his dependency on drugs or alcohol, unless [F56the offender has expressed his willingness to comply with such a requirement and] the amending order is made within three months after the date of the original order; and

(b)the court shall not amend a curfew order by extending the curfew periods beyond the end of six months from the date of the original order.

(3)In this paragraph and paragraph 14 below, references to the offender’s dependency on drugs or alcohol include references to his propensity towards the misuse of drugs or alcohol.

Amendment of certain requirements of probation orderE+W

F5714(1)Where the medical practitioner or other person by whom or under whose direction an offender is being treated for his mental condition, or his dependency on drugs or alcohol, in pursuance of any requirement of a probation order—

(a)is of the opinion mentioned in sub-paragraph (2) below; or

(b)is for any reason unwilling to continue to treat or direct the treatment of the offender,

he shall make a report in writing to that effect to the responsible officer and that officer shall apply under paragraph 13 above to a magistrates’ court for the petty sessions area concerned for the variation or cancellation of the requirement.

(2)The opinion referred to in sub-paragraph (1) above is—

(a)that the treatment of the offender should be continued beyond the period specified in that behalf in the order;

(b)that the offender needs different treatment F58. . .;

(c)that the offender is not susceptible to treatment; or

(d)that the offender does not require further treatment.

[F59 Amendment of drug treatment and testing order]E+W

F6014A(1)Without prejudice to the provisions of section 63(2), (7) and (9) of the Crime and Disorder Act 1998, the court responsible for a drug treatment and testing order may by order—

(a)vary or cancel any of the requirements or provisions of the order on an application by the responsible officer under sub-paragraph (2) or (3)(a) or (b) below; or

(b)amend the order on an application by that officer under sub-paragraph (3)(c) below.

(2)Where the treatment provider is of the opinion that the treatment or testing requirement of the order should be varied or cancelled—

(a)he shall make a report in writing to that effect to the responsible officer; and

(b)that officer shall apply to the court for the variation or cancellation of the requirement.

(3)Where the responsible officer is of the opinion—

(a)that the treatment or testing requirement of the order should be so varied as to specify a different treatment provider;

(b)that any other requirement of the order, or a provision of the order, should be varied or cancelled; or

(c)that the order should be so amended as to provide for each subsequent review under section 63 of the Crime and Disorder Act 1998 to be made without a hearing instead of at a review hearing, or vice versa,

he shall apply to the court for the variation or cancellation of the requirement or provision or the amendment of the order.

(4)The court—

(a)shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended; and

(b)shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in section 61(2) of the Crime and Disorder Act 1998 or to increase it above the maximum so specified.

(5)If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may—

(a)revoke the order; and

(b)deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

(6)In dealing with the offender under sub-paragraph (5)(b) above, the court—

(a)shall take into account the extent to which the offender has complied with the requirements of the order; and

(b)may impose a custodial sentence notwithstanding anything in section 1(2) of this Act.

(7)Paragraph 6A above shall apply for the purposes of this paragraph as it applies for the purposes of paragraph 3 above, but as if for the words “paragraph 3(1)(d) above” there were substituted the words “paragraph 14A(5)(b) below”.

(8)In this paragraph—

• “review hearing” has the same meaning as in section 63 of the Crime and Disorder Act 1998;

• “the treatment requirement” and “the testing requirement” have the same meanings as in Chapter I of Part IV of that Act.

Extension of community service orderE+W

15Where—

(a)a community service order is in force in respect of any offender; and

(b)on the application of the offender or the responsible officer, it appears to a magistrates’ court acting for the petty sessions area concerned that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,

the court may, in relation to the order, extend the period of twelve months specified in section 15(2) of the 1973 Act.

SupplementalE+W

16No order may be made under paragraph 12 above, and no application may be made under paragraph 13 or 15 above [F61or, except with the consent of the offender, under paragraph 14A above], while an appeal against the relevant order is pending.

17(1)Subject to sub-paragraph (2) below, where a court proposes to exercise its powers under this Part of this Schedule, otherwise than on the application of the offender, the court—

(a)shall summon him to appear before the court; and

(b)if he does not appear in answer to the summons, may issue a warrant for his arrest;

F62. . .

(2)This paragraph shall not apply to an order cancelling a requirement of a relevant order or reducing the period of any requirement, or substituting a new petty sessions area or a new place for the one specified in a relevant order.

18(1)On the making under this Part of this Schedule of an order amending a relevant order [F63(other than a drug treatment and testing order)], the clerk to the court shall forthwith—

(a)if the order amends the relevant order otherwise than by substituting a new petty sessions area or a new place for the one specified in the relevant order, give copies of the amending order to the responsible officer;

(b)if the order amends the relevant order in the manner excepted by paragraph (a) above, send to the clerk to the justices for the new petty sessions area or, as the case may be, for the petty sessions area in which the new place is situated—

(i)copies of the amending order; and

(ii)such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order;

and in a case falling within paragraph (b) above the clerk to the justices for that area shall give copies of the amending order to the responsible officer.

[F64(1A)On the making under this Part of this Schedule of an order amending a drug treatment and testing order, the clerk to the court shall forthwith give copies of the amending order to the responsible officer.]

(2)A responsible officer to whom in accordance with sub-paragraph (1) [F65or (1A)]above copies of an order are given shall give a copy to the offender and to the person in charge of any institution in which the offender is or was required by the order to reside.