Powers of Crown CourtE+W
11(1)This paragraph applies where—E+W
(a)an offender appears or is brought before the Crown Court under paragraph 9 [F1or 9A] or by virtue of paragraph 10(3) [F2or section 217B(5)], and
(b)it is proved to the satisfaction of that court that the offender has breached a requirement of the community order without reasonable excuse.
(2)The Crown Court must deal with the offender in respect of the breach in any one of the following ways—
(a)by ordering the offender to pay a fine of an amount not exceeding £2,500;
(b)by amending the terms of the community order so as to impose more onerous requirements which the Crown Court could include if the offender had just been convicted of the offence in respect of which the order was made and it were then making the order;
[F3(ba)if the community order qualifies for special procedures for the purposes of this paragraph, by ordering the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);]
(c)by re-sentencing the offender for the offence in respect of which the order was made.
(3)Where the court deals with the case under sub-paragraph (2), the criminal courts charge duty (see section 46) applies to the court.
(4)In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the requirements of the community order.
(5)A fine imposed under sub-paragraph (2)(a) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction.
(6)Where—
(a)the offender has wilfully and persistently breached the requirements of the community order, and
(b)the court is dealing with the offender under sub-paragraph (2)(c),
the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restriction on imposing discretionary custodial sentences).
(7)Where the Crown Court deals with the offender under sub-paragraph (2)(c), it must revoke the community order if it is still in force.
(8)In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the community order is to be determined by the court and not by the verdict of a jury.
Textual Amendments
F1Words in Sch. 10 para. 11(1)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(6)(a)(i)
F2Words in Sch. 10 para. 11(1)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(6)(a)(ii)
F3Sch. 10 para. 11(2)(ba) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(6)(b)
Commencement Information
I1Sch. 10 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2