Commentary on Sections Schedule 16: Dealing non-custodially with offenders Part 5: Community Orders: further provision
520.Paragraph 22 removes uncommenced elements of section 67 of the 2012 Act and makes a minor consequential amendment to the CJA 2003. This removes a court’s power to take no action if an offender is brought back to court as a consequence of a breach of a community order. The effect is that if a court finds that an offender has breached an order without reasonable excuse, it must make the order more onerous, revoke the order and re-sentence for the original offence, or impose a fine.
521.Paragraph 23 amends section 150 of the CJA 2003. This section, itself amended by the 2012 Act, inadvertently prevented the court from giving a 16 or 17 year old a Youth Rehabilitation Order for the new aggravated offence of knife possession. Paragraph 23 corrects this technical error, so that the new provisions work as they were originally intended to.