Section 358D Procedural powersF1

Not yet in force

(1)

For the purpose of deciding whether to make a CCE prevention order, the court may consider evidence led by the prosecution and evidence led by the offender.

(2)

It does not matter whether the evidence would have been admissible in the proceedings for the offence for which the offender is being dealt with.

(3)

The court may adjourn any proceedings relating to the making of a CCE prevention order.

(4)

If the offender does not appear for any adjourned proceedings, the court may—

(a)

further adjourn the proceedings,

(b)

issue a warrant for the offender’s arrest, or

(c)

hear the proceedings in the offender’s absence.

(5)

The court may act under subsection (4)(b) only if satisfied that the offender has had adequate notice of the time and place of the adjourned proceedings.

(6)

The court may act under subsection (4)(c) only if satisfied that the offender—

(a)

has had adequate notice of the time and place of the adjourned proceedings, and

(b)

has been informed that if the offender does not appear for those proceedings, the court may hear the proceedings in the offender’s absence.

(7)

Nothing in this section limits any other powers of the court.

Annotations

Textual amendments

F1: Pt. 11 Ch. 2A inserted (21.9.2026 for the insertion of s. 358I(2)(4), otherwise prosp.) by Crime and Policing Act 2026 (c. 20), s. 255(1), Sch. 6 para. 1; S.I. 2026/960, reg. 2(i)