OpenLegislation

Paragraph 3 I1C1

England and Wales

C2(1)

If it is proved to the satisfaction of F1a magistrates’ courtbefore which an offender appears or is brought under paragraph 2 above that he has failed without reasonable excuse to comply with any of the requirements of the relevant order, the court may deal with him in respect of the failure in any one of the following ways, namely—

(a)

it may impose on him a fine not exceeding £1,000;

(b)

subject to paragraph 6(3) to (5) below, it may make a community service order in respect of him;

F2(c)

where—

(i)

the relevant order is a probation order and the offender is under the age of twenty-one years, or

(ii)

the relevant order is a curfew order and the offender is under the age of sixteen years,

and the court has been notified as required by subsection (1) of section 17 of the 1982 Act, it may (subject to paragraph 6(6) below) make in respect of him an order under that section (attendance centre orders); or

C3(d)

where the relevant order was made by a magistrates’ court, it may F3. . . deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

(2)

In dealing with an offender under sub-paragraph (1)(d) above, a magistrates’ court—

C4(a)

shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

F4(b)

in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in section 1(2) of this Act.

F5(2A)

Where a magistrates’ court deals with an offender under sub-paragraph (1)(d) above, it shall revoke the relevant order if it is still in force.

(3)

Where a relevant order was made by the Crown Court and a magistrates’ court has power to deal with the offender under sub-paragraph (1)(a), (b) or (c) above, it may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court.

(4)

A magistrates’ court which deals with an offender’s case under sub-paragraph (3) above shall send to the Crown Court—

(a)

a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the relevant order in the respect specified in the certificate; and

(b)

such other particulars of the case as may be desirable;

and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Crown Court.

(5)

A person sentenced under sub-paragraph (1)(d) above for an offence may appeal to the Crown Court against the sentence.

Annotations

Textual amendments

F1

Words in Sch. 2 para. 3(1) substituted (27.7.1999) by 1999 c. 22, s. 66, Sch. 9 para. 3 (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)

F2

Sch. 2 para. 3(1)(c) substituted (30.9.1998, subject to S.I. 1998/2327, art. 6(4)(b)) by 1998 c. 37, s. 106, Sch. 7 para. 46(2); S.I. 1998/2327, arts. 2(1)(w), 6(4)(b)

F3

Words in Sch. 2 para. 3(1)(d) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 96(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(y)(2)(ff)(3)(t)

F4

Sch. 2 para. 3(2)(b) substituted (1.10.1997) by 1997 c. 43, s. 55(2), Sch. 4 para. 15(1); S.I. 1997/2200, art. 2 (with art. 5)

F5

Sch. 2 para. 3(2A) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 96(3); S.I. 1998/2327, art. 2(1)(y)(2)(ff)

Modifications

C1

Sch. 2 para. 3 amended (1.10.1997 so far as relating to sentences falling to be imposed under s. 2(2) or 3(2) and otherwiseprosp.) by 1997 c. 43, s. 55(2); S.I. 1997/2200, art. 2(1)(m)(with art. 5)

C2

Sch. 2 para. 3(1): power to amend conferred (1.10.1992) by Magistrates' Courts Act 1980 (c. 43), Sch. 6A (as substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 17(3), Sch. 4 Pt. IV) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

C3

Sch. 2 para. 3(1)(d) modified (1.1.1998) by 1997 c. 43, s. 35(5)(d); S.I. 1997/2200, art. 3 (with art. 5)

Sch. 2 para. 3(1)(d) modified (1.1.1998) by 1997 c. 43, s. 35(8)(a); S.I. 1997/2200, art. 3 (with art. 5)

C4

Sch. 2 para. 3(2)(a) excluded (1.1.1998) by 1997 c. 43, s. 35(5)(e); S.I. 1997/2200, art. 3 (with art. 5)

Sch. 2 para. 3(2)(a) excluded (1.1.1998) by 1997 c. 43, s. 35(8)(b); S.I. 1997/2200, art. 3 (with art. 5)

Commencement

I1

Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Notes on Schedule 2

Textual amendments

F1

Sch. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Modifications

C1

Sch. 2 applied (with modifications) (1.4.1996) by 1995 c. 46, ss. 234(5)(6), 309(2) (with ss. 24(2), 307(2))

Sch. 2 applied (with modifications) (30.9.1998) by 1998 c. 37, ss. 68(3), 70(5), Sch. 5 para. 5(4)(5); S.I. 1998/2327, arts. 2(1)(o)

Sch. 2 applied (with modifications) (30.9.1998) by 1969 c. 54, s. 16B (as inserted by 1998 c. 37, s. 119, Sch. 8 para. 21; S.I. 1998/2327, arts. 2(1)(y)(2)(i))

Commencement

I1

Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Notes on Part II

Commencement

I1

Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2