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STATUTORY INSTRUMENTS


2006 No. 1006

CRIMINAL LAW, ENGLAND AND WALES

The Community Order (Review by Specified Courts in Liverpool and Salford) Order 2006

  Made 30th March 2006 
  Coming into force 31st March 2006 

The Secretary of State makes the following Order in exercise of the powers conferred by sections 178(1)[1] and 330(3)(a) of the Criminal Justice Act 2003[2];

     In accordance with section 330(5) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament:

Citation, commencement and interpretation
     1. —(1) This Order may be cited as the Community Order (Review by Specified Courts in Liverpool and Salford) Order 2006 and shall come into force on the day after the day on which it is made.

    (2) In this Order "the 2003 Act" means the Criminal Justice Act 2003.

Power to provide for court review
    
2. —(1) Subject to paragraph (3) a court specified in paragraph (2) may—

    (2) The courts referred to in paragraph (1) are—

    (3) Nothing in this article shall enable a magistrates' court to include provision for review by the Crown Court when making a community order.

    
3. —(1) Subject to paragraph (2) a community order providing for review by a court may—

    (2) Where a community order imposes a drug rehabilitation requirement under section 177(1) (i) of the 2003 Act, provision for review of that requirement shall be made in accordance with section 210 of the 2003 Act.

    (3) In this article references to the court responsible for the order are references to the court specified in the community order as responsible for reviewing the order.

Power to amend community order at review hearing
    
4. —(1) At a review hearing (within the meaning of article 3(1)) the court may, after considering the responsible officer's report referred to in that paragraph, amend the requirements of the community order, or any provision of the order which relates to those requirements.

    (2) The court—

    (3) For the purposes of paragraph (2)(a)—

    (4) If before a review hearing is held at any review the court, after considering the responsible officer's report, is of the opinion that the offender's progress in complying with the requirements of the order is satisfactory, it may order that no review hearing is to be held at that review; and if before a review hearing is held at any review, or at a review hearing, the court, after considering that report, is of that opinion, it may amend the community order so as to provide for each subsequent review to be held without a hearing.

    (5) If at a review held without a hearing the court, after considering the responsible officer's report, is of the opinion that the offender's progress under the order is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.

    (6) If at a review hearing the court is of the opinion that the offender has without reasonable excuse failed to comply with any of the requirements of the order, the court may adjourn the hearing for the purpose of dealing with the case under paragraph 9 or 10 of Schedule 8 to the 2003 Act.

    (7) At a review hearing the court may amend the community order so as to vary the intervals specified under article 3(1)(a).

    (8) In this article, any reference to the court, in relation to a review without a hearing, is to be read —


Scotland of Asthal, Q.C.
Minister of State

Home Office
30th March 2006



EXPLANATORY NOTE

(This note is not part of the Order)


This Order provides for the courts listed in Article 2(2) in Liverpool and Salford to make provision for reviews of community orders either when making or amending a community order. Article 3 makes provision in relation to the timing of reviews, and allows among other things, a report on the offender's progress to be provided by the responsible officer to the court before each review. Article 4 makes provision in relation to the court's power to amend the community order at a review hearing. It also includes provision enabling a review to be held without a hearing.


Notes:

[1] The power in section 178(1) is extended by section 178(2).back

[2] 2003 c.44.back



ISBN 0 11 074441 1


 © Crown copyright 2006

Prepared 5 April 2006


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URL: http://www.bailii.org/uk/legis/num_reg/2006/20061006.html