Part 2 Breach of Requirement of Order
Part 2 Breach of Requirement of Order

5

(1)     If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with any of the requirements of a community order, the officer must give him a warning under this paragraph unless—

(a)     the offender has within the previous twelve months been given a warning under this paragraph in relation to a failure to comply with any of the requirements of the order, or

[(b)     the officer refers the matter to an enforcement officer (see paragraph 6A)].

(2)     A warning under this paragraph must—

(a)     describe the circumstances of the failure,

(b)     state that the failure is unacceptable, and

(c)     inform the offender that, if within the next twelve months [the period of 12 months beginning with the date on which the warning was given] he again fails to comply with any requirement of the order, he will be liable to be brought before a court.

(3)     The responsible officer must, as soon as practicable after the warning has been given, record that fact.

(4)     In relation to any community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates' court, the reference in sub-paragraph (1)(b) to a justice of the peace is to be read as a reference to the Crown Court.

6

(1)     If—

(a)     the responsible officer has given a warning under paragraph 5 to the offender in respect of a community

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