SCHEDULES

C2SCHEDULE 10Provisions relating to offences

Annotations:
Modifications etc. (not altering text)

Power of court to order cause of offence to be remedied

I1C213

1

This paragraph applies where—

a

a person (“P”) is convicted of an offence, and

b

it appears to the court that the matters in respect of which P is convicted are matters that are within P's power to remedy.

2

The court may (in addition to, or instead of, imposing any punishment) order P to take such steps as the order may specify for the purpose of remedying those matters.

3

The steps are to be taken within such time as may be fixed by the order (“the remedial period”).

4

The court may extend or further extend the remedial period on an application.

5

An application under sub-paragraph (4) must be made—

a

before the end of the remedial period, or

b

before the end of that period as extended on a previous application.

C16

Where P is ordered to remedy any matters by an order under this paragraph—

a

it is an offence for P to fail to comply with the order, but

b

P is not liable under any relevant provision in respect of those matters to the extent that they continue during—

i

the remedial period, or

ii

any extension of that period granted under sub-paragraph (4).

7

A person who commits an offence under this paragraph is liable—

a

on summary conviction—

i

to imprisonment for a term not exceeding 12 months (in England and Wales or Scotland) or 6 months (in Northern Ireland),

ii

to a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland or Northern Ireland), or

iii

to both;

b

on conviction on indictment—

i

to imprisonment for a term not exceeding 2 years,

ii

to a fine, or

iii

to both.

F18

In the application of this paragraph in England and Wales, the reference in sub-paragraph (7)(a)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).