OpenLegislation

Paragraph 21 I1

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

(1)

The home court may exercise any relevant local power in relation to the community order, subject to the following restrictions.

(2)

A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the relevant home legislation.

(3)

The home court may not discharge or revoke the order.

(4)

But that does not prevent the home court from exercising a power to revoke the order where—

(a)

the offender has been convicted of a further offence, and

(b)

the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose).

(5)

The home court may not deal with the offender for the offence in respect of which the community order was made.

(6)

If the order imposes an unpaid work requirement, the home court may not vary the order so as to specify a greater number of hours in relation to the requirement than the court which made the order could specify, applying the relevant assumptions.

(7)

If the order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 9 of Schedule 9) that the court which made the order could not specify, applying the relevant assumptions.

(8)

For the purposes of sub-paragraphs (6) and (7), the relevant assumptions are that—

(a)

the court which made the order is now making the community order, and

(b)

the offender has just been convicted by or before it of the offence in respect of which the community order was made.

Annotations

Commencement

I1

Sch. 11 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Notes on Schedule 11

Modifications

C1

Sch. 11 modified by 2006 c. 52, s. 180 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 5 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2

Sch. 11 applied (with modifications) by 2006 c. 52, s. 178(2)(3) (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)

C3

Sch. 11 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)