Criminal Justice Act 2003

Section 300

SCHEDULE 31 Default orders: modification of provisions relating to community orders

General

1 Any reference to the offender is, in relation to a default order, to be read as a reference to the person in default.

Unpaid work requirement

2 (1) In its application to a default order, section 199 (unpaid work requirement) is modified as follows.

(2) In subsection (2), for paragraphs (a) and (b) there is substituted—

“(a) not less than 20 hours, and

(b) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.

TABLE

Amount	Number of Hours
An amount not exceeding £200	40 hours
An amount exceeding £200 but not exceeding £500	60 hours
An amount exceeding £500	100 hours”

(3) Subsection (5) is omitted.

Curfew requirement

3 (1) In its application to a default order, section 204 (curfew requirement) is modified as follows.

(2) After subsection (2) there is inserted—

“(2A) In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column.

TABLE

Amount	Number of days
An amount not exceeding £200	20 days
An amount exceeding £200 but not exceeding £500	30 days
An amount exceeding £500 but not exceeding £1,000	60 days
An amount exceeding £1,000 but not exceeding £2,500	90 days
An amount exceeding £2,500	180 days”

Enforcement, revocation and amendment of default order

4 (1) In its application to a default order, Schedule 8 (breach, revocation or amendment of community orders) is modified as follows.

(2) Any reference to the offence in respect of which the community order was made is to be taken to be a reference to the default in respect of which the default order was made.

(3) Any power of the court to revoke the community order and deal with the offender for the offence is to be taken to be a power to revoke the default order and deal with him in any way in which the court which made the default order could deal with him for his default in paying the sum in question.

(4) In paragraph 4 the reference to the Crown Court is to be taken as a reference to a magistrates' court.

(5) The following provisions are omitted—

(a) paragraph 9(1)(c), (5) and (8),

(b) paragraph 12,

(c) paragraph 13(5),

(d) paragraph 15,

(e) paragraph 17(5),

(f) paragraph 21(4), and

(g) paragraph 23(2)(b).

Power to alter amount of money or number of hours or days

5 The Secretary of State may by order amend paragraph 2 or 3 by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.

Transfer of default orders to Scotland or Northern Ireland

6 In its application to a default order, Schedule 9 (transfer of community orders to Scotland or Northern Ireland) is modified as follows.

7 After paragraph 8 there is inserted—

“8A Nothing in paragraph 8 affects the application of section 300(7) to a default order made or amended in accordance with paragraph 1 or 3.”

8 In paragraph 10, after paragraph (b) there is inserted—

“(bb) any power to impose a fine on the offender.”