Paragraph 8 I1

England and Wales

F1(1)

This paragraph applies where—

(a)

a relevant order made by the Crown Court is in force in respect of an offender and the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other manner for the offence in respect of which the order was made; or

(b)

an offender in respect of whom a relevant order is in force is convicted of an offence before the Crown Court or, having been committed by a magistrates’ court to the Crown Court for sentence, is brought or appears before the Crown Court.

(2)

If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may—

(a)

revoke the order; or

F2(b)

revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which the court which made the order could deal with him if he had just been convicted of that offence by or before the court which made the order.

(3)

The circumstances in which a probation order F3or drug treatment and testing order may be revoked under sub-paragraph (2)(a) above shall include the offender’s making good progress or his responding satisfactorily to supervision F4or, as the case may be, treatment.

(4)

In dealing with an offender under sub-paragraph (2)(b) above, the Crown Court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

Annotations

Textual amendments

F1: Sch. 2 para. 8(1) substituted (27.7.1999) for Sch. 2 para. 8(1)(1A) by 1999 c. 22, s. 66, Sch. 9 para. 6 (with s. 107, Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(b)
F2: Sch. 2 para. 8(2)(b) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(10); S.I. 1998/2327, art. 2(1)(w)
F3: Words in Sch. 2 para. 8(3) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 7(2)(a); S.I. 1998/2327, art. 2(1)(n)
F4: Words in Sch. 2 para. 8(3) inserted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para. 7(2)(b); S.I. 1998/2327, art. 2(1)(n)

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F1: Sch. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt.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 III

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