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Criminal Justice Bill


Criminal Justice Bill
Schedule 8 — Transfer of community orders to Scotland or Northern Ireland
Part 2 — Northern Ireland

    208

 

                    “(a)                      treatment as a resident patient in a hospital within the

meaning of the Mental Health (Scotland) Act 1984, not being

a State hospital within the meaning of that Act;”.

Part 2

Northern Ireland

5

  3       (1)      Where the court considering the making of a community order is satisfied

that the offender resides in Northern Ireland, or will reside there when the

order comes into force, the court may not include in the order such a

requirement as is mentioned in sub-paragraph (2) unless it appears to the

court that arrangements can be made by the Probation Board for Northern

10

Ireland for him to comply with the requirement.

          (2)      The requirements referred to in sub-paragraph (1) are—

              (a)             an unpaid work requirement,

              (b)             an activity requirement,

              (c)             a programme requirement,

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              (d)             a mental health treatment requirement,

              (e)             a drug rehabilitation requirement,

              (f)             an alcohol treatment requirement,

              (g)             an attendance centre requirement, and

              (h)             an electronic monitoring requirement.

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          (3)      Where—

              (a)             the appropriate court for the purposes of paragraph 16 of Schedule 7

(amendment by reason of change of residence) is satisfied that the

offender to whom a community order relates proposes to reside or is

residing in Northern Ireland, and

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              (b)             it appears to the court that provision can be made by the Probation

Board for Northern Ireland for the offender to comply with the

requirement,

                   the power of the court to amend the order under Part 4 of Schedule 7

includes power to amend it by requiring it to be complied with in Northern

30

Ireland.

          (4)      A community order made or amended in accordance with this paragraph

must specify the petty sessions district in Northern Ireland in which the

offender resides or will be residing when the order or amendment comes

into force; and section 198 (petty sessions area to be specified) does not apply

35

in relation to an order so made or amended.

          (5)      A community order made or amended in accordance with this paragraph

must also specify as the corresponding order for the purposes of this

Schedule an order that may be made by a court in Northern Ireland.

  4       (1)      Where a court is considering the making or amendment of a community

40

order by virtue of paragraph 3, Chapter 4 of Part 12 of this Act has subject to

the following modifications.

          (2)      Any reference to the responsible officer has effect as a reference to the

probation officer responsible for the offender’s supervision or, as the case

may be, discharging in relation to the offender the functions conferred by

45

Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160

(N.I. 24)).

 

 

Criminal Justice Bill
Schedule 8 — Transfer of community orders to Scotland or Northern Ireland
Part 3 — General provisions

    209

 

          (3)      In subsection (7)(b) of section 183 (activity requirement) the reference to the

local probation board for the area in which the premises are situated has

effect as a reference to the Probation Board for Northern Ireland.

          (4)      In section 189 (mental health treatment requirement), for subsection (2)(a)

there is substituted—

5

                    “(a)                      treatment (whether as an in-patient or an out-patient) at such

hospital as may be specified in the order, being a hospital

within the meaning of the Health and Personal Social

Services (Northern Ireland) Order 1972, approved by the

Department of Health, Social Services and Public Safety for

10

the purposes of paragraph 4(3) of Schedule 1 to the Criminal

Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.

24));”.

Part 3

General provisions

15

  5        In this Part of this Schedule—

                    “corresponding order” means the order specified under paragraph

1(6)(b) or 3(5);

                    “home court” means—

                    (a)                   if the offender resides in Scotland, or will be residing there at

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the relevant time, the sheriff court having jurisdiction in the

locality in which he resides or proposes to reside, and

                    (b)                   if he resides in Northern Ireland, or will be residing there at

the relevant time, the court of summary jurisdiction acting for

the petty sessions district in which he resides or proposes to

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reside;

                    “the local authority officer concerned”, in relation to an offender, means

the officer of a council constituted under section 2 of the Local

Government etc. (Scotland) Act 1994 (c. 39) responsible for his

supervision or, as the case may be, discharging in relation to him the

30

functions in respect of community service orders assigned by

sections 239 to 245 of the Criminal Procedure (Scotland) Act 1995

(c. 46);

                    “the probation officer concerned”, in relation to an offender, means the

probation officer responsible for his supervision or, as the case may

35

be, discharging in relation to him the functions conferred by Part 2 of

the Criminal Justice (Northern Ireland) Order 1996;

                    “the relevant time” means the time when the order or the amendment

to it comes into force.

  6        Where a community order is made or amended in accordance with

40

paragraph 1 or 3, the court which makes or amends the order must provide

the home court with a copy of the order as made or amended, together with

such other documents and information relating to the case as it considers

likely to be of assistance to that court; and paragraphs (b) to (d) of subsection

(1) of section 201 (provision of copies of relevant orders) do not apply.

45

  7        In section 202 (duty of offender to keep in touch with responsible officer) the

reference to the responsible officer is to be read in accordance with

paragraph 2(2) or 4(2).

 

 

Criminal Justice Bill
Schedule 8 — Transfer of community orders to Scotland or Northern Ireland
Part 3 — General provisions

    210

 

  8        Where a community order is made or amended in accordance with

paragraph 1 or 3, then, subject to the following provisions of this Part of this

Schedule—

              (a)             the order is to be treated as if it were a corresponding order made in

the part of the United Kingdom in which the offender resides, or will

5

be residing at the relevant time, and

              (b)             the legislation relating to such orders which has effect in that part of

the United Kingdom applies accordingly.

  9        Before making or amending a community order in those circumstances the

court must explain to the offender in ordinary language—

10

              (a)             the requirements of the legislation relating to corresponding orders

which has effect in the part of the United Kingdom in which he

resides or will be residing at the relevant time,

              (b)             the powers of the home court under that legislation, as modified by

this Part of this Schedule, and

15

              (c)             its own powers under this Part of this Schedule.

  10       The home court may exercise in relation to the community order any power

which it could exercise in relation to the corresponding order made by a

court in the part of the United Kingdom in which the home court exercises

jurisdiction, by virtue of the legislation relating to such orders which has

20

effect in that part, except the following—

              (a)             section 232(2)(b), 233, 239(5)(b) or 240(1)(c) or (d) of, or paragraph 1

of Schedule 6 to, the Criminal Procedure (Scotland) Act 1995 (c. 46);

              (b)             paragraph 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the Criminal

Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)); and

25

              (c)             in the case of a community order imposing an unpaid work

requirement, any power to vary the order by substituting for the

number of hours of work specified in it any greater number than the

court which made the order could have specified.

  11       If at any time while legislation relating to corresponding orders which has

30

effect in Scotland or Northern Ireland applies by virtue of paragraph 7 to a

community order made in England and Wales—

              (a)             it appears to the home court—

                    (i)                   if that court is in Scotland, on information from the local

authority officer concerned, or

35

                    (ii)                  if that court is in Northern Ireland, upon a complaint being

made to a justice of the peace acting for the petty sessions

district for the time being specified in the order,

                              that the offender has failed to comply with any of the requirements

of the order, or

40

              (b)             it appears to the home court—

                    (i)                   if that court is in Scotland, on the application of the offender

or of the local authority officer concerned, or

                    (ii)                  if it is in Northern Ireland, on the application of the offender

or of the probation officer concerned,

45

                              that it would be in the interests of justice for a power conferred by

paragraph 13 or 14 of Schedule 7 to be exercised,

           the home court may require the offender to appear before the court which

made the order.

 

 

Criminal Justice Bill
Schedule 9 — Revocation or amendment of custody plus orders and amendment of intermittent custody orders

    211

 

  12       Where an offender is required by virtue of paragraph 11 to appear before the

court which made the community order, that court—

              (a)             may issue a warrant for his arrest, and

              (b)             may exercise any power which it could exercise in respect of the

community order if the offender resided in England and Wales,

5

           and any enactment relating to the exercise of such powers has effect

accordingly, and with any reference to the responsible officer being read as

a reference to the local authority officer or probation officer concerned.

  13       Paragraph 12(b) does not enable the court to amend the community order

unless—

10

              (a)             where the offender resides in Scotland, it appears to the court that the

conditions in paragraph 1(1)(a) and (b) are satisfied in relation to any

requirement to be imposed, or

              (b)             where the offender resides in Northern Ireland, it appears to the

court that arrangements can be made by the Probation Board for

15

Northern Ireland for him to comply with any requirement to be

imposed.

  14       The preceding paragraphs of this Schedule have effect in relation to the

amendment of a community order by virtue of paragraph 12(b) as they have

effect in relation to the amendment of such an order by virtue of paragraph

20

1(3) or 3(3).

  15       Where an offender is required by virtue of paragraph (a) of paragraph 11 to

appear before the court which made the community order—

              (a)             the home court must send to that court a certificate certifying that the

offender has failed to comply with such of the requirements of the

25

order as may be specified in the certificate, together with such other

particulars of the case as may be desirable, and

              (b)             a certificate purporting to be signed by the clerk of the home court is

admissible as evidence of the failure before the court which made the

order.

30

Schedule 9

Section 171

 

Revocation or amendment of custody plus orders and amendment of

intermittent custody orders

Interpretation

  1       (1)      In this Schedule—

35

               “the appropriate court” means—

                     (a)                    where the custody plus order or intermittent custody order

was made by the Crown Court, the Crown Court, and

                     (b)                    in any other case, a magistrates’ court acting for the petty

sessions area concerned;

40

               “the offender”, in relation to a custody plus order or intermittent

custody order, means the person in respect of whom the order is

made;

 

 

Criminal Justice Bill
Schedule 9 — Revocation or amendment of custody plus orders and amendment of intermittent custody orders

    212

 

               “the petty sessions area concerned”, in relation to a custody plus order

or intermittent custody order, means the petty sessions area for the

time being specified in the order;

               “the responsible officer” has the meaning given by section 179.

          (2)      In this Schedule any reference to a requirement being imposed by, or

5

included in, a custody plus order or intermittent custody order is to be read

as a reference to compliance with the requirement being required by the

order to be a condition of a licence.

Orders made on appeal

  2        Where a custody plus order or intermittent custody order has been made on

10

appeal, it is to be taken for the purposes of this Schedule to have been made

by the Crown Court.

Revocation of custody plus order or removal from intermittent custody order of requirements

as to licence conditions

  3       (1)      Where at any time while a custody plus order or intermittent custody order

15

is in force, it appears to the appropriate court on the application of the

offender or the responsible officer that, having regard to circumstances

which have arisen since the order was made, it would be in the interests of

justice to do so, the court may—

              (a)             in the case of a custody plus order, revoke the order, and

20

              (b)             in the case of an intermittent custody order, amend the order so that

it contains only provision specifying periods for the purposes of

section 167(1)(b)(i).

          (2)      The revocation under this paragraph of a custody plus order does not affect

the sentence of imprisonment to which the order relates, except in relation

25

to the conditions of the licence.

Amendment by reason of change of residence

  4       (1)      This paragraph applies where, at any time during the term of imprisonment

to which a custody plus order or intermittent custody order relates, the

appropriate court is satisfied that the offender proposes to change, or has

30

changed, his residence during the licence period from the petty sessions area

concerned to another petty sessions area.

          (2)      Subject to sub-paragraphs (3) and (4), the appropriate court may, and on the

application of the responsible officer must, amend the custody plus order or

intermittent custody order by substituting the other petty sessions area for

35

the area specified in the order.

          (3)      The court may not amend under this paragraph a custody plus order or

intermittent custody order which contains requirements which, in the

opinion of the court, cannot be complied with unless the offender resides in

the petty sessions area concerned unless, in accordance with paragraph 5, it

40

either—

              (a)             cancels those requirements, or

              (b)             substitutes for those requirements other requirements which can be

complied with if the offender does not reside in that area.

 

 

Criminal Justice Bill
Schedule 9 — Revocation or amendment of custody plus orders and amendment of intermittent custody orders

    213

 

          (4)      The court may not amend under this paragraph any custody plus order or

intermittent custody order imposing a programme requirement unless it

appears to the court that the accredited programme specified in the

requirement is available in the other petty sessions area.

Amendment of requirements of custody plus order or intermittent custody order

5

  5       (1)      At any time during the term of imprisonment to which a custody plus order

or intermittent custody order relates, the appropriate court may, on the

application of the offender or the responsible officer, by order amend any

requirement of the custody plus order or intermittent custody order—

              (a)             by cancelling the requirement, or

10

              (b)             by replacing it with a requirement of the same kind imposing

different obligations, which the court could include if it were then

making the order.

          (2)      For the purposes of sub-paragraph (1)­­­­—

              (a)             a requirement falling within any paragraph of section 166(1) is of the

15

same kind as any other requirement falling within that paragraph,

and

              (b)             an electronic monitoring requirement is a requirement of the same

kind as any requirement falling within section 166(1) to which it

relates.

20

          (3)      Sub-paragraph (1)(b) has effect subject to the provisions mentioned in

subsection (2) of section 166, and to subsections (3) and (5) of that section.

Alteration of pattern of temporary release

  6       (1)      At any time during the term of imprisonment to which an intermittent

custody order relates, the appropriate court may, on the application of the

25

offender or the responsible officer, amend the order—

              (a)             so as to specify different periods for the purposes of section

167(1)(b)(i), or

              (b)                             so as to provide that he is to remain in prison until the number of

days served by him in prison is equal to the number of custodial

30

days.

          (2)      The appropriate court may not by virtue of sub-paragraph (1) amend an

intermittent custody order unless it has received from the Secretary of State

notification that suitable prison accommodation is available for the offender

during the periods which, under the order as amended, will be custodial

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periods.

          (3)      In this paragraph “custodial period” has the same meaning as in section

168(3).

Supplementary

  7        No application may be made under paragraph 3(1), 5(1) or 6(1) while an

40

appeal against the sentence of which the custody plus or intermittent

custody order forms part is pending.

  8       (1)      Subject to sub-paragraph (2), where a court proposes to exercise its powers

under paragraph 5 or 6, otherwise than on the application of the offender,

the court—

45

 

 

Criminal Justice Bill
Schedule 10 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 1 — Preliminary

    214

 

              (a)             must 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 does not apply to an order cancelling any requirement of a

custody plus or intermittent custody order.

5

  9       (1)      On the making under this Schedule of an order revoking or amending a

custody plus order or amending an intermittent custody order, the proper

officer of the court must—

              (a)             provide copies of the revoking or amending order to the offender

and the responsible officer,

10

              (b)             in the case of an amending order which substitutes a new petty

sessions area, provide a copy of the amending order to—

                    (i)                   the local probation board acting for that area, and

                    (ii)                  the magistrates’ court acting for that area,

              (c)             in the case of an order which cancels or amends a requirement

15

specified in the first column of Schedule 11, provide a copy of so

much of the amending order as relates to that requirement to the

person specified in relation to that requirement in the second column

of that Schedule.

          (2)      Where under sub-paragraph (1)(b) the proper officer of the court provides a

20

copy of an amending order to a magistrates’ court acting for a different area,

the officer must also provide to that court such documents and information

relating to the case as it considers likely to be of assistance to a court acting

for that area in the exercise of its functions in relation to the order.

Schedule 10

25

Section 176

 

Breach or amendment of suspended sentence order, and effect of further

conviction

Part 1

Preliminary

Interpretation

30

  1        In this Schedule—

                    “the offender”, in relation to a suspended sentence order, means the

person in respect of whom the order is made;

                    “the petty sessions area concerned”, in relation to a suspended sentence

order, means the petty sessions area for the time being specified in

35

the order;

                    “the responsible officer” has the meaning given by section 179.

  2        In this Schedule—

              (a)             reference to a suspended sentence order being subject to review is a

reference to such an order being subject to review in accordance with

40

section 174(1)(b) or to a drug rehabilitation requirement of such an

order being subject to review in accordance with section 192(1)(b);

 

 

 
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