SCHEDULES
C5C1C3C4C6C2SCHEDULE 10Breach, revocation or amendment of community order
Sch. 10 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Sch. 10 applied by 2006 c. 52, s. 178(2) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Sch. 10 modified by 2006 c. 52, s. 181 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 6 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Sch. 10 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Sch. 10 applied (with modifications) by 2006 c. 52, Sch. 6A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 12 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
PART 3Revocation of order with or without re-sentencing
Community order subject to magistrates' court supervision
I114
1
This paragraph applies where a community order subject to magistrates' court supervision is in force, and
a
the offender, or
b
an officer of a provider of probation services,
applies to the appropriate magistrates' court for the community order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.
2
In this paragraph “the appropriate magistrates' court” means—
a
in the case of a community order imposing a drug rehabilitation requirement which is subject to review, if a magistrates' court is responsible for the order, that court, F2...
F1aa
if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order, and
b
in any other case, a magistrates' court acting in the offender's home local justice area.
3
No application may be made under this paragraph while an appeal against the community order is pending.
4
Unless the application was made by the offender, the appropriate magistrates' court—
a
must, before exercising its powers under sub-paragraph (5)(b), summon the offender to appear before it, and
b
if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.
5
If it appears to the court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the court may—
a
revoke the community order, or
b
both—
i
revoke the community order, and
ii
re-sentence the offender for the offence in respect of which the order was made.
6
The circumstances in which a community order may be revoked under sub-paragraph (5) include the offender's—
a
making good progress, or
b
responding satisfactorily to supervision or treatment (as the case requires).
7
If the court deals with the offender under sub-paragraph (5)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.
8
A person sentenced under sub-paragraph (5)(b) for an offence may appeal to the Crown Court against the sentence.
Sch. 10 applied (with modifications) by 2006 c. 52, s. 182(3)(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)