Sch. 12
- as exercising the power of adjourning the trial which is conferred by section 14(1) of the 1952 c. 55.Magistrates’ Courts Act 1952, and that accordingly section 15 of that Act (non-appearance of the accused) applies (without prejudice to subsection (5) above) if the offender does not appear on the date specified in pursuance of subsection (2) above.
- (6A) Notwithstanding any enactment, a court which under this section defers passing sentence on an offender shall not on the same occasion remand him.”.
(6) After subsection (7) add—
- “(8) The power of a court under this section to pass sentence on an offender in a case where the passing of sentence has been deferred thereunder does not extend to committing him to another court for sentence but, subject to that, includes power to deal with him in any way in which the court which deferred passing sentence could have dealt with him.”.
2. For section 2(5)(b) (which requires a probation order requiring residence in an institution to specify the name of the institution as well as the required period of residence, and imposes a limit of twelve months on that period) substitute—
- “(b) where the order requires the offender to reside in an approved probation hostel or any other institution, the period for which he is so required to reside shall be specified in the order.”.
3. In section 9(1) (breach of conditional discharge by young offenders)—
- (a) for the words from “not being” to “1952” substitute “triable only on indictment in the case of an adult,”;
- (b) for the words from “such an offence” onwards substitute “an offence triable either way and had been tried summarily.”.
4. In section 15(2) (period within which work under a community service order is to be performed), at the end add “; but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it.”.
5. In section 17(3) (power of Crown Court to revoke or vary community service orders), for the words from the beginning to “and it appears to the Crown Court” substitute—
- “(3) Where an offender in respect of whom such an order is in force—
- (a) is convicted of an offence before the Crown Court; or
- (b) is committed by a magistrates’ court to the Crown Court for sentence and is brought or appears before the Crown Court; or
- (c) by virtue of subsection (2)(b) above is brought or appears before the Crown Court,
- and it appears to the Crown Court”.
- “(3) Where an offender in respect of whom such an order is in force—
