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(2) Where the treatment provider is of the opinion that the treatment or testing requirement of the order should be varied or cancelled—

(a) he shall make a report in writing to that effect to the responsible officer; and

(b) that officer shall apply to the court for the variation or cancellation of the requirement.

(3) Where the responsible officer is of the opinion—

(a) that the treatment or testing requirement of the order should be so varied as to specify a different treatment provider,

(b) that any other requirement of the order, or a provision of the order, should be varied or cancelled, or

(c) that the order should be so amended as to provide for each subsequent periodic review (required by section 54(6)(a) of this Act) to be made without a hearing instead of at a review hearing, or vice versa,

he shall apply to the court for the variation or cancellation of the requirement or provision or the amendment of the order.

(4) The court—

(a) shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended; and

(b) shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in section 52(1) of this Act, or to increase it above the maximum so specified.

(5) If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may—

(a) revoke the order; and

(b) deal with him, for the offence in respect of which the order was made, in any way in which it could deal with him if he had just been convicted by or before the court of the offence.

(6) In dealing with the offender under sub-paragraph (5)(b) above, the court—

(a) shall take into account the extent to which the offender has complied with the requirements of the order; and

(b) may impose a custodial sentence (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 79(2) of this Act.

(7) Paragraph 9(3) above shall apply for the purposes of this paragraph as it applies for the purposes of paragraph 4 above, but as if for the words “paragraph 4(1)(d) above” there were substituted “paragraph 21(5)(b) below”.

Extension of community service or combination order

22 Where—

(a) a community service order or combination order is in force in respect of any offender, and

(b) on the application of the offender or the responsible officer, it appears to a magistrates' court acting for the petty sessions area concerned that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,

the court may, in relation to the order, extend the period of twelve months specified in section 47(3) of this Act.

Supplementary

23 No order may be made under paragraph 18 above, and no application may be made under paragraph 19 or 22 above or, except with the consent of the offender, under paragraph 21 above, while an appeal against the relevant order is pending.

24 (1) Subject to sub-paragraph (2) below, where a court proposes to exercise its powers under this Part of this Schedule, otherwise than on the application of the offender, the court—

(a) shall 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 shall not apply to an order cancelling a requirement of a relevant order or reducing the period of any requirement, or substituting a new petty sessions area or a new place for the one specified in a relevant order.

25 (1) On the making under this Part of this Schedule of an order amending a relevant order (other than a drug treatment and testing order), the justices' chief executive for the court shall forthwith—

(a) if the order amends the relevant order otherwise than by substituting a new petty sessions area or a new place for the one specified in the relevant order, give copies of the amending order to the responsible officer;

(b) if the order amends the relevant order in the manner excepted by paragraph (a) above, send to the chief executive to the justices for the new petty sessions area or, as the case may be, for the petty sessions area in which the new place is situated—

(i) copies of the amending order; and

(ii) such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order;

and in a case falling within paragraph (b) above the chief executive to the justices for that area shall give copies of the amending order to the responsible officer.

(2) On the making under this Part of this Schedule of an order amending a drug treatment and testing order, the justices' chief executive for the court shall forthwith give copies of the amending order to the responsible officer.

(3) A responsible officer to whom in accordance with sub-paragraph (1) or (2) above copies of an order are given shall give a copy to the offender and to the person in charge of any institution in which the offender is or was required by the order to reside.