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“(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, | 15 |
(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. | 20 |
(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 | 25 |
(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)). | |
| |
| |
|
| |
| |
(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 | 20 |
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 | 25 |
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). | |
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| |
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. | |
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| |
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; | |
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| |
|
| |
| |
“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. | |
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(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 | 35 |
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 |
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(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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