Part 5 Breach of Community Requirement
Sentencing Act 2020 (2020 c 17) | Legislation

Part 5 Breach of Community Requirement

Application

17

This Part of this Schedule—

(a)     applies where an SSSO or an NISSO is in force in respect of an offender, and

(b)     includes provisions that modify, or apply in place of, certain provisions of Part 2 of Schedule 16 (breach of community requirement or conviction of further offence).

Breach of community requirement: duty to give warning or refer to home court

18

(1)     This paragraph applies where the relevant officer is of the opinion that the offender has without reasonable excuse breached a community requirement of the order.

(2)     If the offender has been given a relevant warning within the previous 12 months in relation to a breach of any community requirement of the order, the officer must—

(a)     if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or

(b)     if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.

(3)     Otherwise the officer must—

(a)     give the offender a warning under this paragraph,

(b)     if the order is an SSSO, provide information to the home court

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