[Part 2 Breach, Revocation or Amendment]

[Part 2 Breach, Revocation or Amendment]

[Proceedings for breach

7

(1)     If the supervisor in relation to a person subject to supervision requirements under section 256AA—

(a)     is satisfied that the person has failed without reasonable excuse to comply with a requirement imposed by a supervision default order, and

(b)     considers that the failure should be dealt with by a court,

the supervisor must refer the matter to an enforcement officer.

(2)     Where a matter is referred to an enforcement officer under this paragraph, it is the duty of the enforcement officer—

(a)     to consider the case, and

(b)     where appropriate, to cause an information to be laid before a justice of the peace in respect of the person's failure to comply with the requirement.

(3)     In this paragraph “enforcement officer†means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.

(4)     An enforcement officer must be an officer of a provider of probation services that is a public sector provider.

(5)     In sub-paragraph (4) “public sector provider†means—

(a)     a probation trust or other

Powered by Lexis+®

Popular documents