Sch 1 para 7
(1) This paragraph applies— (a) where the appropriate court decides that the matters mentioned in paragraphs (a) and (b) of paragraph 5(1) have not been proved to its satisfaction; or (b) where, although by virtue of paragraph 5(1) the appropriate court— (i) is able to exercise the power conferred by paragraph 5(2), or (ii) would be able to do so if the offender were present before it, the court (for any reason) decides not to exercise that power. (2) If either— (a) no contract has taken effect under section 8 between the offender and the panel, or (b) a contract has taken effect under that section but the period for which it has effect has not expired, the offender shall continue to remain subject to the referral order (or orders) in all respects as if he had not been referred back to the court. (3) If— (a) a contract had taken effect under section 8, but (b) the period for which it has effect has expired (otherwise than by virtue of section 9(6)), the court shall make an order declaring that the referral order (or each of the referral orders) is discharged.