SCHEDULE 2 Order for Conditional Discharge: Commission of Further Offence

SCHEDULE 2 Order for Conditional Discharge: Commission of Further Offence

Section 81

Application of Schedule

1

This Schedule applies where an order for conditional discharge has been made in respect of an offence (“the original offenceâ€).

Orders made on appeal

2

If the order for conditional discharge was made on appeal, for the purposes of this Schedule it is to be taken—

(a)     if it was made on an appeal from a magistrates' court, to have been made by that magistrates' court;

(b)     if it was made on an appeal—

(i)     from the Crown Court, or

(ii)     from the Court of Appeal,

to have been made by the Crown Court.

Issue of summons or warrant by justice of the peace

3

(1)     This paragraph applies where—

(a)     the order for conditional discharge was made by a magistrates' court, and

(b)     it appears to a justice of the peace on information that the offender—

(i)     has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and

(ii)     has been dealt with in respect of that offence.

(2)     The justice may—

(a)

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