SCHEDULES
C1SCHEDULE 16Breach or amendment of suspended sentence order, and effect of further conviction
PART 2Breach of community requirement or conviction of further offence
Order subject to magistrates' court supervision: issue of summons or warrant by justice
I18
1
This paragraph applies where, during the supervision period of an order subject to magistrates' court supervision, it appears on information to a justice of the peace that the offender has breached any community requirement of the order.
2
The justice may—
a
issue a summons requiring the offender to appear at the place and time specified in it, or
b
if the information is in writing and on oath, issue a warrant for the offender's arrest.
3
A summons or warrant issued under this paragraph must direct the offender to appear or be brought—
a
in the case of a suspended sentence order which is subject to review, before the court responsible for the order;
b
in any other case, before a magistrates' court acting in—
i
the local justice area in which the offender resides, or
ii
if it is not known where the offender resides, in the offender's home local justice area.
4
Where—
a
a summons issued under this paragraph requires the offender to appear before a magistrates' court, and
b
the offender does not appear in answer to the summons,
the magistrates' court may issue a warrant for the arrest of the offender.
Sch. 16 applied (with modifications) by 2006 c. 52, s. 200, Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)