OpenLegislation

Section 21 Powers of Crown Court to varyor replace orders on breachF8I1

England, Wales and Northern Ireland

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

(1)

Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—

(a)

has been convicted by or before a magistrates' court of having committed an offence under section 25 in relation to a serious crime prevention order and has been committed to the Crown Court to be dealt with; or

(b)

has been convicted by or before the Crown Court of having committed an offence under section 25 in relation to a serious crime prevention order.

(2)

The Crown Court may—

(a)

in the case of an order in England and Wales; and

(b)

in addition to dealing with the person in relation to the offence;

varyF1or replace the order if it has reasonable grounds to believe that the terms of the order as variedF2, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.

(3)

Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of an offence under section 25 in relation to a serious crime prevention order.

(4)

The Crown Court may—

(a)

in the case of an order in Northern Ireland; and

(b)

in addition to dealing with the person in relation to the offence;

varyF3or replace the order if it has reasonable grounds to believe that the terms of the order as variedF4, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.

(5)

F5An order may be varied or replaced under this section only on an application by the relevant applicant authority.

(6)

A variationF6or new order must not be made except—

(a)

in addition to a sentence imposed in respect of the offence concerned; or

(b)

in addition to an order discharging the person conditionally.

(7)

A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).

F7(8)

A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.

Annotations

Textual amendments

F1

Words in s. 21(2) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 48(2)(a), 88(1); S.I. 2015/820, reg. 2(g)

F2

Words in s. 21(2) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 48(2)(b), 88(1); S.I. 2015/820, reg. 2(g)

F3

Words in s. 21(4) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 48(3)(a), 88(1); S.I. 2015/820, reg. 2(g)

F4

Words in s. 21(4) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 48(3)(b), 88(1); S.I. 2015/820, reg. 2(g)

F5

Words in s. 21(5) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 48(4), 88(1); S.I. 2015/820, reg. 2(g)

F6

Words in s. 21(6) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 48(5), 88(1); S.I. 2015/820, reg. 2(g)

F7

S. 21(8) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 48(6), 88(1); S.I. 2015/820, reg. 2(g)

F8

Words in s. 21 heading inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 79; S.I. 2015/820, reg. 2(r)(xv)

Commencement

I1

S. 21 in force at 6.4.2008 by S.I. 2008/755, art. 15(1)(d)