Amendment and revocation of community orders

Published by a ��Ƶ Corporate Crime expert

Practice notes

Amendment and revocation of community orders

Published by a ��Ƶ Corporate Crime expert

Practice notes

Revocation for breach of community order

Under paragraphs 10 and 11 of Schedule 10 Part 2 to the Sentencing Act 2020 (SA 2020), a Crown Court or magistrates' court has the power to revoke a community order and resentence where an offender has failed, without a reasonable excuse to comply with any of the Requirements of the order.

The procedure to be followed for applications for the amendments, revocation or amendment of community orders are set out in the Criminal Procedure Rules 2020, SI 2020/759, Pt 32 (CrimPR).

See further, Practice Note: Breach of a community order.

Powers of the magistrates' court to revoke other than for breach

SA 2020 states that (providing the order is still in force) either the offender or the 'responsible' Officer may apply to the magistrates' court for the revocation of the order or for the offender to be dealt with in some other way for the offence.

The application is sometimes called a 'Part 3 application', to distinguish it from the application for revocation for breaches of the requirements

Jurisdiction(s):

United Kingdom

Key definition:

Requirements definition

What does Requirements mean?

A DCO should include “Requirements” to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

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