(1)If it appears to a judge to whom jurisdiction is granted under subsection (3) that an offender has been convicted by any court of one or more offences committed during the period when a community order is in force in respect of the offender, and has been dealt with in respect of that offence or those offences, the judge may fix a hearing date to determine if the offender has been so convicted and dealt with and may issue a summons requiring the offender to appear at the place and time specified therein, or may issue a warrant for his2021the offender’s2021 arrest.
Section history
Section 354 — Commission of further offence
Consolidated view is experimental and may be broken for certain provisions.
Amendments
(2)A Magistrate may not issue a warrant under subsection (1) except on information in writing.
(3)The following persons shall2021 have jurisdiction for the purposes of subsection (1):
(a)if the community order was made by the High Court, a Judge of the High Court2021General Division of the High Court, a Judge2021;
(b)if the community order was made by a District Court, a District Judge; and2021
(c)if the community order was made by a Magistrate’s Court, a Magistrate.
(4)A summons or warrant issued under this section shall2021must2021 direct the offender so convicted to appear or be brought before the court which made the community order.
(5)If an offender in respect of whom a community order has been made by the General Division of the 2021High Court or District Court is convicted and dealt with by any Magistrate’s Court in respect of any offence or offences committed during the period when the community order is in force in respect of the offender, the Magistrate’s Court may commit him2021the offender2021 to custody or release him or her2021 on bail (with or without sureties)2018or personal bond2018 until he or she2021 can be brought or appears before the court by which the community order has been made; and if he or she 2021does so the Magistrate’s Court shall2021must2021 send to the General Division of the 2021High Court or the District Court,2021Court2021 as2021(as2021 the case may be,2021be)2021 a copy of the minute or memorandum of the conviction entered in the register, signed by the Magistrate.
Subsection (6) — Original text to 31 October 2018superseded
(6)Where it is proved to the satisfaction of the court by which a community order has been made that the offender in respect of whom the community order has been made has been convicted and dealt with in respect of an offence or offences committed during the period when the community order is in force in respect of the offender, that court may, taking into account the extent to which the offender has complied with the order, revoke the order made and impose such sentence which is prescribed for the offence or offences in respect of which the order has been made.
Subsection (6) — From 31 October 2018 (current)rewritten by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018
(6)Where a community order has been made by a court in respect of an offender, and it is proved to the satisfaction of the court that the offender has been convicted and dealt with in respect of any offence committed during the period when the community order is in force, the court —
(a)in any case where the community order was made in respect of an offence after the court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence — must revoke the community order; or
(b)in any other case — may, taking into account the extent to which the offender has complied with the community order, revoke the community order and impose any sentence that is prescribed for the offence in respect of which the community order has been made.
Subsection (7) — Original text to 31 October 2018superseded
(7)If an offender in respect of whom a community order has been made by a Magistrate’s Court is convicted before the High Court or a District Court or another Magistrate’s Court of an offence committed during the period when the community order is in force in respect of the offender, the High Court or the District Court or such other Magistrate’s Court (as the case may be) may, taking into account the extent to which the offender has complied with the order, revoke the order made and impose such sentence which is prescribed for the offence or offences in respect of which the order has been made.
Subsection (7) — From 31 October 2018 (current)rewritten by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018
(7)If a Magistrate’s Court has made a community order in respect of an offender, and the offender is convicted before the General Division of the 2021High Court, a District Court or any other Magistrate’s Court of an offence committed during the period when the community order is in force, the General Division of the 2021High Court, District Court or other Magistrate’s Court (as the case may be) —
(a)in any case where the community order was made in respect of an offence after the firstmentioned Magistrate’s Court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence — must revoke the community order; or
(b)in any other case — may, taking into account the extent to which the offender has complied with the community order, revoke the community order and impose any sentence that is prescribed for the offence in respect of which the community order has been made.