PART 17ACTIVATION PROCEEDINGS
Application for activation proceedings134
1
This rule applies where any of rules 131 to 133 applies.
2
The court administration officer shall notify the Director that this rule applies, and forward to the Director such of the following as is not already in the Director's possession—
a
the record of the proceedings in which the original sentence was passed;
b
information concerning—
i
the new offence, and any other offence proved to have been committed by the offender during the relevant period; and
ii
the sentence passed for each such offence; and
c
the record of any proceedings in which a court made, or gave reasons for not making—
i
a relevant order in respect of the original sentence; or
ii
where rule 133 applies, an order under F1paragraph 7(2) of Schedule 12 to the Sentencing Code in respect of the original sentence.
3
The Director may give written notice to the court administration officer and the offender that he requires activation proceedings to be held.
4
A notice under paragraph (3) must be given within 28 days of the court administration officer's compliance with paragraph (2).
5
Where the Director gives notice under paragraph (3), the court administration officer shall forward to the Judge Advocate General the documents and information mentioned in paragraph (2)(a) to (c).
6
The Judge Advocate General shall—
a
issue a summons requiring the offender to appear before the court for activation proceedings; or
b
issue a warrant for the offender's arrest.
7
The Judge Advocate General may delegate his functions under this rule to any judge advocate.