OpenLegislation

Paragraph 15 I1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies where a Crown Court community order is in force and—

(a)

the offender, or

(b)

an officer of a provider of probation services,

applies to the Crown Court for the community order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.

(2)

No application may be made under this paragraph while an appeal against the community order is pending.

(3)

Unless the application was made by the offender, the Crown Court—

(a)

must, before exercising its powers under sub-paragraph (4)(b), summon the offender to appear before the court, and

(b)

if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(4)

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

(b)

both—

(i)

revoke the order, and

(ii)

re-sentence the offender for the offence in respect of which the order was made.

(5)

The circumstances in which a community order may be revoked under sub-paragraph (4) include the offender's—

(a)

making good progress, or

(b)

responding satisfactorily to supervision or treatment (as the case requires).

(6)

If the Crown Court deals with the offender under sub-paragraph (4)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

Annotations

Commencement

I1

Sch. 10 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Notes on Schedule 10

Textual amendments

F1

Word in Sch. 10 heading inserted (11.5.2026) by Sentencing Act 2026 (c. 2), ss. 38(5)(a), 49(1) (with s. 38(6)); S.I. 2026/402, reg. 2(d)

Modifications

C1

Sch. 10 applied (with modifications) by 2006 c. 52, s. 182(3)(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2

Sch. 10 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C3

Sch. 10 applied by 2006 c. 52, s. 178(2) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C4

Sch. 10 modified by 2006 c. 52, s. 181 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 6 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C5

Sch. 10 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C6

Sch. 10 applied (with modifications) by 2006 c. 52, Sch. 6A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 12 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)