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Sentencing Act 2020

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Change 1

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As published

217C Alteration of review arrangements

(1) Subsections (2) and (3) apply where a court— (a) considers the progress report relating to a review under section 217A (the “current review”), and (b) forms the opinion that the offender’s progress in complying with the community order requirements of the community order is satisfactory. (2) If the court forms that opinion before a review hearing is held at the current review— (a) it may order that no review hearing is to be held at the current review, and (b) it may amend the community order so as to provide for each subsequent review to be held without a review hearing. (3) If a review hearing is held at the current review, the court may at the hearing amend the community order so as to provide for each subsequent review to be held without a review hearing. (4) If at a review held without a review hearing the court— (a) considers the progress report, and (b) forms the opinion that the offender’s progress under the order is no longer satisfactory, it may require the offender to attend a hearing of the court at a specified time and place. (5) At a review hearing the court may amend the community order so as to vary the intervals specified under section 217A(2)(a). (6) The functions of a court under this section that are exercisable in relation to a review without a hearing are to be exercised— (a) where the court is the Crown Court, by a judge of the court, and (b) where the court is a magistrates’ court, by a justice of the peace. (7) In this section— “review hearing”, and “progress report”, have the same meanings as in section 217A.

Your change, as a redline

217C Alteration of review arrangements

(1) Subsections (2) and (3) apply where a court— (a) considers the progress report relating to a review under section 217A (the “current review”), and (b) forms the opinion that the offender’s progress in complying with the community order requirements of the community order is satisfactory. (2) If the court forms that opinion before a review hearing is held at the current review— (a) it may order that no review hearing is to be held at the current review, and (b) it may amend the community order so as to provide for each subsequent review to be held without a review hearing. (3) If a review hearing is held at the current review, the court may at the hearing amend the community order so as to provide for each subsequent review to be held without a review hearing. (4) If at a review held without a review hearing the court— (a) considers the progress report, and (b) forms the opinion that the offender’s progress under the order is no longer satisfactory, it may require the offender to attend a hearing of the court at a specified time and place. (5) At a review hearing the court may amend the community order so as to vary the intervals specified under section 217A(2)(a). (6) The functions of a court under this section that are exercisable in relation to a review without a hearing are to be exercised— (a) where the court is the Crown Court, by a judge of the court, and (b) where the court is a magistrates’ court, by a justice of the peace. (7) In this section— “review hearing”, and “progress report”, have the same meanings as in section 217A.

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