Paragraph 10

Paragraph 3 of Schedule 5 (failure to comply with reparation and action plan orders) is amended as follows.

In sub-paragraph (2)(b), for “youth court” substitute “ magistrates’ court ”.

Omit sub-paragraph (3).

After sub-paragraph (8) insert—

“(9)

Where a reparation order or action plan order has been made on appeal, for the purposes of this paragraph it shall be deemed—

(a)

if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;

(b)

if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;

and, in relation to a reparation order or action plan order made on appeal, sub-paragraph (2)(b) above shall have effect as if the words “if the order had not been made” were omitted and sub-paragraph (5) above shall have effect as if the words “if it had not made the order” were omitted.”