SCHEDULES

SCHEDULE 5 Breach, revocation and amendment of reparation order

PART 1 Breach of reparation order

Powers of Crown Court
3 (1) This paragraph applies where—
(a) by virtue of paragraph 2(2)(c) the offender is brought or appears before the Crown Court, and
(b) it is proved to the satisfaction of that court that the offender has breached the requirement in question.
(2) The Crown Court may re-sentence the offender for the offence in respect of which the reparation order was made.
(3) Where the Crown Court deals with the offender under sub-paragraph (2), it must revoke the reparation order if it is still in force.
(4) In dealing with an offender under this paragraph the court must take into account the extent to which the offender has complied with the requirements of the reparation order.
(5) The appropriate court may not make an order under this paragraph unless the offender is before the court.
(6) For powers to issue a summons or warrant to secure the offender's attendance, see paragraph 6.
(7) In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the reparation order is to be determined by the court and not by the verdict of a jury.
Sch. 5 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2