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Article 31 Information as to possibility of activation order etc

(1)

Where a charge is such that, if a defendant to the charge were convicted of it by the court, the court would have power to make an activation order, the advance information in relation to the defendant must include a notice that the court would have that power if he were convicted.

(2)

Where a defendant—

(a)

has been conditionally discharged by virtue of Schedule 3 to the Act, and

(b)

is charged with an offence committed during the period of conditional discharge,

the advance information in relation to him must include a notice that, if he were convicted of the offence, the court would have power to deal with him under section 186(3) for the offence for which he was conditionally discharged.

(3)

Where an overseas community order is in force in respect of a defendant, the advance information in relation to him must include a notice that, if he were convicted of the offence while the overseas community order is in force, the court would have the powers conferred by F1paragraph 23(2) of Schedule 10 to the Sentencing Code.

Annotations

Textual amendments

F1

Words in rule 31(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 372 (with Sch. 27); S.I. 2020/1236, reg. 2