Paragraph 9 I1

England and Wales

(1)

This paragraph applies where—

F1(a)

an offender in respect of whom a relevant order is in force is convicted of an offence—

(i)

by a magistrates’ court other than a magistrates’ court acting for the petty sessions area concerned; or

(ii)

where the relevant order is a drug treatment and testing order, by a magistrates’ court which is not responsible for the order; and

(b)

the court imposes a custodial sentence on the offender.

(2)

If it appears to the court, on the application of the offender or the responsible officer, that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the court may—

(a)

if the order was made by a magistrates’ court, revoke it; and

(b)

if the order was made by the Crown Court, commit the offender in custody or release him on bail until he can be brought or appear before the Crown Court.

(3)

Where the court deals with an offender’s case under sub-paragraph (2)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.

Annotations

Textual amendments

F1: Sch. 2 para. 9(1)(a) substituted (30.9.1998) by 1998 c. 37, s. 64(5), Sch. 4 para.8; 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F1: Sch. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt.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