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Crime and Disorder Act 1998
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Valid from 01/10/2006
[F11HIntervention orders: explanation, breach, amendment etc.E+W
(1)Before making an intervention order the court must explain to the defendant in ordinary language—
(a)the effect of the order and of the requirements proposed to be included in it,
(b)the consequences which may follow (under subsection (3) below) if he fails to comply with any of those requirements, and
(c)that the court has power (under subsection (5) below) to review the order on the application either of the defendant or of the relevant authority.
(2)The power of the Secretary of State under section 174(4) of the Criminal Justice Act 2003 includes power by order to—
(a)prescribe cases in which subsection (1) does not apply, and
(b)prescribe cases in which the explanation referred to in that subsection may be made in the absence of the defendant, or may be provided in written form.
(3)If a person in respect of whom an intervention order is made fails without reasonable excuse to comply with any requirement included in the order he is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4)If the behaviour order as a result of which an intervention order is made ceases to have effect, the intervention order (if it has not previously ceased to have effect) ceases to have effect when the behaviour order does.
(5)On an application made by—
(a)a person subject to an intervention order, or
(b)the relevant authority,
the court which made the intervention order may vary or discharge it by a further order.
(6)An application under subsection (5) made to a magistrates' court must be made by complaint.
(7)If the behaviour order as a result of which an intervention order was made is varied, the court varying the behaviour order may by a further order vary or discharge the intervention order.
(8)Expressions used in this section and in section 1G have the same meaning in this section as in that section.]
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