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PART XIU.K. Sentencing

[F1Restriction of liberty orders]S

Textual Amendments

F1Ss. 245A-245I and preceding cross-heading inserted (20.10.1997 for specified purposes and 1.7.1998 otherwise) by 1997 c. 48, s. 5; S.I. 1997/2323, arts. 3, 5(1), Sch. 1

[F2245G Disposal on revocation of restriction of liberty order.S

(1)Where the court revokes a restriction of liberty order under section 245E(2)(b) or 245F(2) of this Act, it may dispose of the offender in any way which would have been competent at the time when the order was made, but in so doing the court shall have regard to the time for which the order has been in operation.

(2)Where the court revokes a restriction of liberty order as mentioned in subsection (1) above, and the offender is, [F3by virtue of section 245D(3) of this Act, subject to a probation order or a drug treatment and testing order or to both such orders, it shall, before disposing [F4of] the offender under subsection (1) above—.

(a)where he is subject to a probation order, discharge that order;

(b)where he is subject to a drug treatment and testing order, revoke that order; and

(c)where he is subject to both such orders, discharge the probation order and revoke the drug treatment and testing order.]]

[F5(3)Where the court orders a probation order discharged or a drug treatment and testing order revoked the clerk of the court shall forthwith give copies of that order to the persons mentioned in subsection (4) or, as the case may be, (5) of section 245D of this Act.

(4)Where the court orders a probation order discharged and a drug treatment and testing order revoked, the clerk of the court shall forthwith give copies of that order to the persons mentioned in section 245D(6) of this Act.]

Textual Amendments

F2Ss. 245A-245I inserted (20.10.1997 for specified purposes and 1.7.1998 otherwise) by 1997 c. 48, s. 5; S.I. 1997/2323, arts. 3, 5(1), Sch. 1

F3S. 245G(2): words and sub-paras. (a)-(c) substituted (30.9.1998) for words in s. 245G(2) by 1998 c. 37, s. 94(2), Sch. 6 Pt. I para. 4(2); S.I. 1998/2327, art. 2(1)(s)