SCHEDULES
C1C2C3F1SCHEDULE 19ASupervision default orders
Sch. 19A applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 3(2)(3)(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
Sch. 19A applied (with modifications) by 2006 c. 43, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))
Sch. 19A applied (with modifications) (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 247(2)(c)(3)(4), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
PART 2Breach, revocation or amendment
Proceedings for breach
7
1
If the supervisor in relation to a person subject to supervision requirements under section 256AA—
a
is satisfied that the person has failed without reasonable excuse to comply with a requirement imposed by a supervision default order, and
b
considers that the failure should be dealt with by a court,
the supervisor must refer the matter to an enforcement officer.
2
Where a matter is referred to an enforcement officer under this paragraph, it is the duty of the enforcement officer—
a
to consider the case, and
b
where appropriate, to cause an information to be laid before a justice of the peace in respect of the person's failure to comply with the requirement.
3
In this paragraph “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.
4
An enforcement officer must be an officer of a provider of probation services that is a public sector provider.
5
In sub-paragraph (4) “public sector provider” means—
a
a probation trust or other public body, or
b
the Secretary of State.
Sch. 19A inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 2 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(t)