(6) In this section “the court” means—
- (a) the court that made the order, except where paragraph (b) or (c) applies;
- (b) where—
- (i) the order was made under section 19 on an appeal in relation to a person’s conviction or sentence for an offence, or
- (ii) the order was made by a court under that section against a person committed or remitted to that court for sentencing for an offence,
- the court by or before which the person was convicted (but see subsection (7));
- (c) where the court that made the order was a youth court but the person against whom the order was made is aged 18 or over at the time of the application, a magistrates’ court or, in Northern Ireland, a court of summary jurisdiction.
(7) Where the person mentioned in subsection (6)(b)—
- (a) was convicted by a youth court, but
- (b) is aged 18 or over at the time of the application,
the reference in subsection (6)(b) to the court by or before which the person was convicted is to be read as a reference to a magistrates’ court or, in Northern Ireland, a court of summary jurisdiction.
(8) An order that has been varied under this section remains an order of the court that first made it for the purposes of—
- (a) section 24;
- (b) any further application under this section.
29Variation following conviction
(1) This section applies where—
- (a) a court is dealing with a person who has been convicted of a relevant offence and against whom a prohibition order or a premises order has previously been made, or
- (b) a court is dealing with a person who has been convicted of an offence under section 26 of failing to comply with a prohibition order or a premises order.
(2) The court may vary the prohibition order or (as the case may be) the premises order.
(3) An order that has been varied under subsection (2) remains an order of the court that first made it for the purposes of sections 24 and 28.
(4) An order may not be varied under this section except—
- (a) in addition to a sentence imposed in respect of the offence concerned, or
- (b) in addition to an order discharging the person conditionally or, in Scotland, discharging the person absolutely.
(5) In this section “relevant offence” has the same meaning as in section 19.
30Appeals against making of prohibition orders and premises orders
Orders made under section 18 or 20
