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Paragraph 5 F1

England and Wales

(1)

Where an attendance centre order is in force in respect of an offender, an appropriate magistrates’ court may, on an application made by the offender or by the officer in charge of the relevant attendance centre, by order—

(a)

vary the day or hour specified in the order for the offender’s first attendance at the relevant attendance centre; or

(b)

substitute for the relevant attendance centre an attendance centre which the court is satisfied is reasonably accessible to the offender, having regard to his age, the means of access available to him and any other circumstances.

(2)

In sub-paragraph (1) above “an appropriate magistrates’ court” means—

(a)

a magistrates’ court F2acting in the local justice area in which the relevant attendance centre is situated; or

(b)

(except where the attendance centre order was made by the Crown Court) the magistrates’ court which made the order.

(3)

The F3designated officer for a court which makes an order under this paragraph shall—

(a)

deliver a copy to the offender or F4serve a copy on the offender in accordance with Criminal Procedure Rules; and

(b)

deliver or send a copy—

(i)

if the order is made by virtue of sub-paragraph (1)(a) above, to the officer in charge of the relevant attendance centre; and

(ii)

if it is made by virtue of sub-paragraph (1)(b) above, to the officer in charge of the attendance centre which the order as amended will require the offender to attend.

(4)

In this paragraph “the relevant attendance centre” has the meaning given by paragraph 4(6) above.

Annotations

Textual amendments

F1

Schs. 5-7 repealed (30.11.2009 for specified purposes) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(u)(xxvi)

F2

Words in Sch. 5 para. 5(2)(a) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 83(e)

F3

Words in Sch. 5 para. 5(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 83(f)

F4

Words in Sch. 5 para. 5(3)(a) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 13(3)(b)