Sch 5 para 3
(1) Where by virtue of paragraph 2(1)(c) above the offender is brought or appears before the Crown Court and it is proved to the satisfaction of the court— (a) that he has failed without reasonable excuse to attend as mentioned in paragraph 1(1)(a) above, or (b) that he has committed such a breach of rules as is mentioned in paragraph 1(1)(b) above, that court may deal with him, for the offence in respect of which the order was made, in any way in which it could have dealt with him for that offence if it had not made the order. (2) Where the Crown Court deals with an offender under sub-paragraph (1) above, it shall revoke the attendance centre order if it is still in force. (3) In dealing with an offender under sub-paragraph (1) above, the Crown Court— (a) shall take into account the extent to which the offender has complied with the requirements of the attendance centre order; and (b) in the case of an offender who has wilfully and persistently failed to comply with those requirements, may impose a custodial sentence notwithstanding anything in section 230(2) of the Sentencing Code . (4) In proceedings before the Crown Court under this paragraph any question whether there has been a failure to attend or a breach of the rules shall be determined by the court and not by the verdict of a jury.