1
Any reference to the offender is, in relation to a default order, to be read as a reference to the person in default.
Criminal Justice Act 2003 SCHEDULE 31 — Default orders: modification of provisions relating to community orders
General
Unpaid work requirement
2
(1) In its application to a default order, paragraph 2 of Schedule 9 to the Sentencing Code (unpaid work requirement) is modified as follows. (2) In sub-paragraph (1)(b), for sub-paragraphs (i) and (ii) there is substituted— (i) not less than 20 hours, and (ii) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column. TABLE (3) Sub-paragraphs (3) and (4) are omitted.
Curfew requirement
3
(1) In its application to a default order, paragraph 9 of Schedule 9 to the Sentencing Code (curfew requirement) is modified as follows. (1A) Any reference to an offence of which the offender was convicted before, on or after a day is to be read as a reference to a default made by a person before, on or after that day. (2) After sub-paragraph (4A) there is inserted— (4B) In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column. TABLE
Attendance centre requirement
3A
In its application to a default order, paragraph 27(3) of Schedule 9 to the Sentencing Code (attendance centre requirement) is modified by the substitution for the words after “must” of “be— (a) not less than 12, and (b) in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column. TABLE .
Change of residence
3B
(1) In its application to a default order, section 215 of the Sentencing Code (duty of offender to keep in touch with responsible officer) is modified as follows. (2) At the end of subsection (2) there is inserted “, and must notify the responsible officer of any change of address.”
3C
Section 216 of the Sentencing Code (duty to obtain permission before changing residence) does not apply in relation to a default order.
Enforcement, revocation and amendment of default order
4
(1) In its application to a default order, Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) is modified as follows. (2) Any reference to the offence in respect of which the community order was made is to be taken to be a reference to the default in respect of which the default order was made. (3) Any power of the court to revoke the community order and re-sentence the offender for the offence is to be taken to be a power to revoke the default order and deal with him in any way in which the court which made the default order could deal with him for his default in paying the sum in question. (4) In paragraph 5 the reference to the Crown Court is to be taken as a reference to a magistrates' court. (4A) For paragraphs 16 and 17 there is substituted— (16) (1) This paragraph applies where, at any time while a default order is in force in respect of a person, the appropriate court is satisfied that the person proposes to change, or has changed, residence from the local justice area concerned to another local justice area (“the new local justice area”). (2) The appropriate court may amend the default order to specify the new local justice area. (3) In this paragraph “the appropriate court” means a magistrates’ court acting in the local justice area specified in the order. (5) The following provisions are omitted— (a) paragraph 10(5)(d) (in relation to any time after the coming into force of paragraph 21(2) of Schedule 22 to the Sentencing Act 2020); (b) paragraph 10(11); (c) paragraph 14(8); (d) paragraph 16(3) (in relation to any time after the coming into force of paragraph 23 of Schedule 22 to that Act); (e) paragraph 23(6); (f) paragraph 25(2)(b).
Power to alter amount of money or number of hours or days
5
The Secretary of State may by order amend paragraph 2 , 3 or 3A by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.
Transfer of default orders to Scotland or Northern Ireland
6
In its application to a default order, Schedule 11 to the Sentencing Code (transfer of community orders to Scotland or Northern Ireland) is modified as follows.
7
After paragraph 20 there is inserted— (20A) Nothing in paragraph 20 affects the application of section 300(7) of the Criminal Justice Act 2003 to a default order made or amended in accordance with Part 1 or 2.
8
In paragraph 21, after sub-paragraph (5) there is inserted— (5A) The home court may not impose a fine on the offender.
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