(1) . . . No application may be made under paragraph 13, [14,] 17[, 19A] or 20, while an appeal against the community order is pending.
(2) Sub-paragraph (1) does not apply to an application under paragraph 17 which—
(a) relates to a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement, and
(b) is made by [an officer of a provider of probation services] with the consent of the offender.
(1) Subject to sub-paragraph (2), where a court proposes to exercise its powers under Part 4 or 5 of this Schedule, otherwise than on the application of the offender, the court—
(a) must summon him to appear before the court, and
(b) if he does not appear in answer to the summons, may issue a warrant for his arrest.
(2) This paragraph does not apply to an order cancelling a requirement of a community order or reducing the period of any requirement, or substituting [which only does one or more of the following—
(a) revokes a community order;
(b) cancels a requirement of a community order or replaces it with one of a shorter duration;
a new [local justice area] or a new place for the one specified in the order.
[(3) This paragraph also do
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
0330 161 1234
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.