Sentencing Act 2020

PART 1 E+W Preliminary

Meaning of particular expressions relating to an order E+W

1 (1) In this Schedule, in relation to a community order— E+W

• “appropriate court” means—

  (a)

  if the community order imposes a drug rehabilitation requirement which is subject to review, the court responsible for the order (see paragraph 4);

  (aa)

  [F1 if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order;]

  (b)

  if the community order is a Crown Court community order [F2 and does not fall within paragraph (aa)], the Crown Court;

  (c)

  in any other case, a magistrates' court acting in the offender's home local justice area;

• “treatment requirement”, in relation to a community order, means—

  (a)

  a mental health treatment requirement of the order,

  (b)

  a drug rehabilitation requirement of the order, or

  (c)

  an alcohol treatment requirement of the order.

(2) In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.

Textual Amendments

F1 Words in Sch. 10 para. 1 inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(2)(a)

F2 Words in Sch. 10 para. 1 inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(2)(b)

Commencement Information

I1 Sch. 10 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Enforcement officers E+W

2 (1) In this Schedule, “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. E+W

(2) An enforcement officer must be an officer of a provider of probation services that is a public sector provider.

(3) In sub-paragraph (2) “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

Commencement Information

I2 Sch. 10 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Community order subject to magistrates' court supervision and Crown Court order E+W

3 E+W In this Schedule—

• “community order subject to magistrates' court supervision” means a community order which—

  (a)

  was made by a magistrates' court, or

  (b)

  was made by the Crown Court and includes a direction under section 211 (order to be subject to magistrates' court supervision);

• “Crown Court community order” means a community order which—

  (a)

  was made by the Crown Court, and

  (b)

  does not include a direction under that section.

Commencement Information

I3 Sch. 10 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements subject to review E+W

4 E+W For the purposes of this Schedule—

(a) a drug rehabilitation requirement of a community order is subject to review if it is subject to review in accordance with paragraph 21 of Schedule 9;

(b) a reference to the court responsible for a community order imposing a drug rehabilitation requirement which is subject to review is to the responsible court within the meaning of that paragraph.

Commencement Information

I4 Sch. 10 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal E+W

5 E+W A community order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.

Commencement Information

I5 Sch. 10 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2