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Paragraph 20 I1

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

(1)

The court before which an offender appears or is brought by virtue of paragraph 19 must—

(a)

determine whether the offender has breached any community requirement of the suspended sentence order without reasonable excuse, or

(b)

require the offender to appear before the original court.

(2)

Sub-paragraphs (3) to (6) apply if the home court determines under sub-paragraph (1)(a) that the offender has breached any requirement of the order without reasonable excuse.

(3)

The court must—

(a)

require the offender to appear before the original court, and

(b)

send the original court a certificate certifying that the offender has without reasonable excuse breached the requirements of the order in the respect specified.

(4)

Sub-paragraph (5) applies when the offender appears before the original court by virtue of sub-paragraph (3).

(5)

Paragraph 10 or, as the case may be, 12 of Schedule 16 (functions of court on breach of community requirement) applies as if what the home court had determined under sub-paragraph (1)(a) had already been proved to the satisfaction of the original court.

(6)

Where an offender is required under sub-paragraph (3)(a) to appear before the original court, a certificate under sub-paragraph (3)(b) signed by the clerk of the home court is admissible before the original court as conclusive evidence of the matters stated in it.

(7)

See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power by virtue of sub-paragraph (1)(b) or (3)(a).

Annotations

Commencement

I1

Sch. 17 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Notes on Schedule 17

Modifications

C1

Sch. 17 applied (with modifications) by 2006 c. 52, ss. 200, 204 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 22 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)