Application and interpretation of Chapter 1
(1) This Chapter applies where an overseas community order made by the court is in force. (2) In this Chapter— “ the order ” means the overseas community order; “ the offender ” means the person in respect of whom the order was made.
Breach of requirements: application for summons or warrant
(1) An application by the responsible officer for a summons or a warrant under paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the 2006 Act) shall be made in writing to the court administration officer, specifying— (a) the requirement of the order with which the offender is alleged to have failed to comply; (b) the respect in which, and the date on which (or the dates between which) he is alleged to have failed to comply with that requirement; (c) whether he has within the previous twelve months been given a warning under paragraph 6 of Schedule 10 to the Sentencing Code in respect of the order, and if so when and in what terms; and (d) any grounds on which, to the responsible officer's knowledge, the offender is likely to rely as constituting a reasonable excuse for the alleged failure to comply. (2) The court administration officer shall forward the application to the Judge Advocate General. (3) The Judge Advocate General may— (a) issue a summons under paragraph 8A of Schedule 10 to the Sentencing Code requiring the offender to appear before the court for proceedings under paragraph 11 of that Schedule; (b) issue a warrant under paragraph 8A of that Schedule for the offender's arrest; (c) dismiss the application without a hearing; or (d) direct a hearing of the application. (4) If the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the responsible officer of the time and place appointed for the hearing.
Breach of requirements: arrest under warrant
(1) This rule applies where the Judge Advocate General issues a warrant under paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the 2006 Act) for the offender's arrest. (2) The warrant shall be addressed to— (a) one or more service policemen; or (b) one or more officers of a civilian police force. (3) The warrant may not be addressed to a service policeman unless the offender is a civilian subject to service discipline. (4) The warrant shall state the matters mentioned in rule 140(1)(a) and (b). (5) Where the warrant is addressed to an officer of a civilian police force, it shall state that the offender must be transferred to service custody as soon as practicable after arrest. (6) Where the offender is arrested under the warrant, or, if arrested by an officer of a civilian police force, is transferred to service custody— (a) he must as soon as is practicable be brought before a judge advocate for a review of whether he should continue to be kept in service custody until he can be brought before the court; and (b) if he has not been brought before a judge advocate for such a review within 48 hours of the arrest he must be released. (7) Rule 136 (review of custody) applies in relation to an offender brought before a judge advocate under paragraph (6) as it applies in relation to an offender brought before a judge advocate under rule 135(6). (8) Where the offender has been arrested under a warrant— (a) the court administration officer shall appoint a time and place for proceedings under paragraph 11 of Schedule 10 to the Sentencing Code ; and (b) the offender shall be brought before the court at that time and place, unless he has been released from custody under rule 136(4).
Revocation of order with or without re-sentencing
(1) An application under paragraph 15 of Schedule 10 to the Sentencing Code must be made in writing to the court administration officer, specifying— (a) whether the applicant wants the court— (i) to revoke the order; or (ii) both to revoke the order and to deal with the offender for the offence in respect of which the order was made; and (b) the grounds on which the application is made. (2) The court administration officer shall forward the application to the Judge Advocate General. (3) If the application is made by the offender, the Judge Advocate General may— (a) revoke the order; (b) dismiss the application; or (c) direct a hearing of the application. (4) If the application is made by the responsible officer, the Judge Advocate General may— (a) dismiss the application; or (b) direct a hearing of the application, and issue a summons under paragraph 15(3) of Schedule 10 to the Sentencing Code requiring the offender to appear at the hearing. (5) If the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the responsible officer (and, if he is the applicant, the offender) of the time and place appointed for the hearing. (6) A warrant for the offender's arrest, issued under paragraph 15(3) of Schedule 10 to the Sentencing Code — (a) shall be addressed to— (i) one or more service policemen; or (ii) one or more officers of a civilian police force; (b) shall state that the offender has failed to appear in answer to a summons issued under paragraph 15(3) of Schedule 10 to the Sentencing Code ; and (c) if addressed to an officer of a civilian police force, shall state that the offender must be transferred to service custody as soon as is practicable after arrest. (7) The warrant may not be addressed to a service policeman unless the offender is a civilian subject to service discipline. (8) Where the offender is arrested under such a warrant, or, if arrested by an officer of a civilian police force, is transferred to service custody— (a) he must as soon as is practicable be brought before a judge advocate for a review of whether he should continue to be kept in service custody until he can be brought before the court; and (b) if he has not been brought before a judge advocate for such a review within 48 hours of the arrest he must be released. (9) Rule 136 (review of custody) applies in relation to an offender brought before a judge advocate under paragraph (8) as it applies in relation to an offender brought before a judge advocate under rule 135(6). (10) Where the offender has been arrested under a warrant— (a) the court administration officer shall appoint a time and place for the hearing of the application; and (b) the offender shall be brought before the court at that time and place, unless he has been released from custody under rule 136(4).
Amendment of requirements
(1) An application under paragraph 18 of Schedule 10 to the Sentencing Code must be made in writing to the court administration officer, specifying— (a) the amendment of the order that the applicant wants the court to make; and (b) the grounds on which the application is made. (2) The court administration officer shall forward the application to the Judge Advocate General. (3) The Judge Advocate General may— (a) make the proposed amendment (subject to paragraph 18(7) of Schedule 10 to the Sentencing Code ); (b) dismiss the application; or (c) direct a hearing of the application. (4) If the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the responsible officer and the offender of the time and place appointed for the hearing.
Extension of unpaid work requirement
(1) An application under paragraph 21 of Schedule 10 to the Sentencing Code must be made in writing to the court administration officer, specifying— (a) the period for which the applicant wants the court to extend the period of twelve months specified in paragraph 1(1)(b) of Schedule 9 to that Code ; and (b) the grounds on which the application is made. (2) The court administration officer shall forward the application to the Judge Advocate General. (3) The Judge Advocate General may— (a) grant the application; (b) extend the period specified in paragraph 1(1)(b) of Schedule 9 to the Sentencing Code by a period shorter than that proposed in the application; (c) dismiss the application; or (d) direct a hearing of the application. (4) If the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the responsible officer and the offender of the time and place appointed for the hearing.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
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