(80-86)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  80  )

After Schedule 9
348
Insert the following new Schedule—

“Transfer of custody plus orders and intermittent custody orders to

Scotland or Northern Ireland

Part 1

Introductory

1
In this Schedule—

(a)
“the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43), and

(b)
any reference to a requirement being imposed by, or included in

a custody plus order or intermittent custody order is a reference

to compliance with the requirement being required by the order

to be a condition of a licence.

Part 2

Scotland

2     (1)
Where the court making a custody plus order is satisfied that the

offender resides in Scotland, or will reside there during the licence

period, the court may, subject to sub-paragraph (2), impose

requirements that are to be complied with in Scotland and require the

offender’s compliance with the order to be supervised in accordance

with arrangements made by the local authority in Scotland in whose area

he resides or will reside.

      (2)
The court may not make an order by virtue of this paragraph unless it

appears to the court—

(a)
in the case of an order imposing a requirement mentioned in sub-

paragraph (3), that arrangements exist for persons to comply

with such a requirement in the locality in Scotland in which the

offender resides, or will be residing during the licence period,

and that provision can be made for him to comply with the

requirement under those arrangements, and

(b)
in any case, that suitable arrangements for supervising his

compliance with the order can be made by the local authority in

whose area he resides, or will be residing during the licence

period.

      (3)
The requirements referred to in sub-paragraph (2)(a) are—

(a)
an unpaid work requirement,

(b)
an activity requirement,

(c)
a programme requirement, and

(d)
an electronic monitoring requirement.

      (4)
If an order has been made in accordance with this paragraph in relation

to an offender but—

(a)
the Secretary of State decides not to make an order under

paragraph 1 or 4 of Schedule 1 to the 1997 Act in relation to him,

and

(b)
the offender has not applied under paragraph 22 of this Schedule

for the amendment of the custody plus order or intermittent

custody order,

(  81  )


the Secretary of State must apply to the court under paragraph 22 of this

Schedule for the amendment of the order.

3
Where—

(a)
the appropriate court for the purposes of paragraph 4 of

Schedule 9 (amendment by reason of change of residence) is

satisfied that the offender in respect of whom a custody plus

order or intermittent custody order is in force is residing in

Scotland, or proposes to reside there during the licence period,

(b)
the Secretary of State has made, or has indicated his willingness

to make, an order under paragraph 1 or 4 of Schedule 1 to the

1997 Act in relation to the offender, and

(c)
it appears to the court that the conditions in paragraph 2(2)(a)

and (b) are satisfied,


the power of the court to amend the order under Schedule 9 includes

power to amend it by requiring the requirements included in the order

to be complied with in Scotland and the offender’s compliance with

them to be supervised in accordance with the arrangements referred to

in paragraph 2(2)(b).

4
A court may not by virtue of paragraph 2 or 3 require an attendance

centre requirement to be complied with in Scotland.

5
A custody plus order made in accordance with paragraph 2 or a custody

plus order or intermittent order amended in accordance with paragraph

3 must—

(a)
specify the local authority area in which the offender resides or

will reside during the licence period, and

(b)
require the local authority for that area to appoint or assign an

officer who will be responsible for discharging in relation to him

the functions conferred on responsible officers by Part 12 of this

Act;


and section 207 (petty sessions area to be specified) does not apply in

relation to an order so made or amended.

6     (1)
Where a court makes a custody plus order in accordance with paragraph

2 or amends a custody plus order or intermittent custody order in

accordance with paragraph 3, the court must provide the relevant

documents to—

(a)
the local authority for the area specified in the order, and

(b)
the sheriff court having jurisdiction in the locality in which the

offender resides or proposes to reside;


and paragraphs (b) to (d) of subsection (1) of section 210 (which relate to

the provision of copies) do not apply in relation to an order so made or

amended.

      (2)
In this paragraph, “the relevant documents” means—

(a)
a copy of the order as made or amended, and

(b)
such other documents and information relating to the case as the

court making or amending the order considers likely to be of

assistance.

7     (1)
In relation to the making of a custody plus order by virtue of paragraph

2, in relation to the amendment of a custody plus order or intermittent

custody order by virtue of paragraph 3, and (except for the purposes of

paragraph 22) in relation to an order so made or amended, Chapter 4 of

Part 12 of this Act has effect subject to the following modifications.

(  82  )

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

officer appointed or assigned under paragraph 5(b).

      (3)
The following provisions are omitted—

(a)
subsection (7) of section 192 (activity requirement);

(b)
subsection (7) of section 193 (programme requirement);

(c)
subsection (4) of section 209 (availability of arrangements in local

area).

      (4)
In section 206 (electronic monitoring requirement), in subsection (3), the

words from “and” onwards are omitted.

8
In this Part of this Schedule “local authority” means a council constituted

under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39)

and any reference to the area of such an authority is a reference to the

local government area within the meaning of that Act.

Part 3

Northern Ireland

9     (1)
Where the court making a custody plus order is satisfied that the

offender resides in Northern Ireland, or will reside there during the

licence period, the court may, subject to sub-paragraph (2), impose

requirements that are to be complied with in Northern Ireland and

require the offender’s compliance with the order to be supervised in

accordance with arrangements made by the Probation Board for

Northern Ireland.

      (2)
The court may not make an order by virtue of this paragraph unless it

appears to the court—

(a)
in the case of an order imposing a requirement mentioned in sub-

paragraph (3), that arrangements exist for persons to comply

with such a requirement in the petty sessions district in Northern

Ireland in which the offender resides, or will be residing during

the licence period, and that provision can be made for him to

comply with the requirement under those arrangements, and

(b)
in any case, that suitable arrangements for supervising his

compliance with the order can be made by the Probation Board

for Northern Ireland.

      (3)
The requirements referred to in sub-paragraph (1)(a) are—

(a)
an unpaid work requirement,

(b)
an activity requirement,

(c)
a programme requirement,

(d)
an attendance centre requirement, and

(e)
an electronic monitoring requirement.

      (4)
If an order has been made in accordance with this paragraph in relation

to an offender but—

(a)
the Secretary of State decides not to make an order under

paragraph 1 or 4 of Schedule 1 to the 1997 Act in relation to him,

and

(b)
the offender has not applied under paragraph 22 of this Schedule

for the amendment of the custody plus order or intermittent

custody order,

(  83  )


the Secretary of State must apply to the court under paragraph 22 for the

amendment of the order.

10
Where—

(a)
the appropriate court for the purposes of paragraph 4 of

Schedule 9 (amendment by reason of change of residence) is

satisfied that the offender in respect of whom a custody plus

order or intermittent custody order is in force is residing in

Northern Ireland, or proposes to reside there during the licence

period,

(b)
the Secretary of State has made, or has indicated his willingness

to make, an order under paragraph 1 or 4 of Schedule 1 to the

1997 Act in relation to the offender, and

(c)
it appears to the court that the conditions in paragraph 9(2)(a)

and (b) are satisfied,


the power of the court to amend the order under Schedule 9 includes

power to amend it by requiring the requirements included in the order

to be complied with in Northern Ireland and the offender’s compliance

with them to be supervised in accordance with the arrangements

referred to in paragraph 9(2)(b).

11
A custody plus order made in accordance with paragraph 9 or a custody

plus order or intermittent custody order amended in accordance with

paragraph 10 must—

(a)
specify the petty sessions district in Northern Ireland in which

the offender resides or will reside during the licence period, and

(b)
require the Probation Board for Northern Ireland to appoint or

assign a probation officer who will be responsible for discharging

in relation to him the functions conferred on responsible officers

by Part 12 of this Act;


and section 207 (petty sessions area to be specified) does not apply in

relation to an order so made or amended.

12    (1)
Where a court makes a custody plus order in accordance with paragraph

9 or amends a custody plus order or intermittent custody order in

accordance with paragraph 10, the court must provide the relevant

documents to—

(a)
the Probation Board for Northern Ireland, and

(b)
the court of summary jurisdiction acting for the petty sessions

district in which the offender resides or proposes to reside;


and paragraphs (b) to (d) of subsection (1) of section 210 (which relate to

the provision of copies) do not apply in relation to an order so made or

amended.

      (2)
In this paragraph, “the relevant documents” means—

(a)
a copy of the order as made or amended, and

(b)
such other documents and information relating to the case as the

court making or amending the order considers likely to be of

assistance.

13    (1)
In relation to the making of a custody plus order by virtue of paragraph

9, in relation to the amendment of a custody plus order or intermittent

custody order by virtue of paragraph 10, and (except for the purposes of

paragraph 22) in relation to an order so made or amended, Chapter 4 of

Part 12 of this Act has effect subject to the following modifications.

(  84  )

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

probation officer appointed or assigned under paragraph 11(b).

      (3)
The following provisions are omitted—

(a)
subsection (7) of section 192 (activity requirement);

(b)
subsection (7) of section 193 (programme requirement);

(c)
subsection (4) of section 209 (availability of arrangements in local

area).

      (4)
In section 205 (attendance centre requirement), any reference to an

attendance centre has effect as a reference to a day centre, as defined by

paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland)

Order 1996 (S.I. 1996/3160 (N.I. 24).

      (5)
In section 206 (electronic monitoring requirement), in subsection (3), the

words from “and” onwards are omitted.

Part 4

General provisions

14
This Part of this Schedule applies at any time while a custody plus order

made in accordance with paragraph 2 or 9 or amended in accordance

with paragraph 3 or 10, or an intermittent custody order amended in

accordance with paragraph 3 or 10, is in force in respect of an offender.

15
In this Part of this Schedule—


“home court” means—

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

there during the licence period, the sheriff court having

jurisdiction in the locality in which the offender resides or

proposes to reside, and

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

during the licence period, the court of summary

jurisdiction acting for the petty sessions district in which

he resides or proposes to reside;


“local authority” and “local authority area” are to be read in

accordance with paragraph 8;


“original court” means the court in England and Wales which made

or last amended the custody plus order or intermittent custody

order;


“the relevant officer” means—

(a)
where the order specifies a local authority area in

Scotland, the local authority officer appointed or

assigned under paragraph 5(b), and

(b)
where the order specifies a local authority district in

Northern Ireland, the probation officer appointed or

assigned under paragraph 11(b).

16    (1)
Where this Part of this Schedule applies, Schedule 9 has effect subject to

the following modifications.

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

relevant officer.

      (3)
Any reference to the appropriate court has effect as a reference to the

original court.

      (4)
Where the order specifies a local authority area in Scotland—

(  85  )

(a)
any reference to the petty sessions area concerned has effect as a

reference to that local authority area, and

(b)
any other reference to a petty sessions area has effect as a

reference to a local authority area.

      (5)
Where the order specifies a petty sessions district in Northern Ireland—

(a)
any reference to the petty sessions area concerned has effect as a

reference to that petty sessions district, and

(b)
any other reference to a petty sessions area has effect as a

reference to a petty sessions district.

      (6)
Paragraph 9 is omitted.

17    (1)
The home court may exercise any power under paragraph 4 or 5 of

Schedule 9 (amendment of custody plus order or intermittent custody

order) as if it were the original court.

      (2)
Subject to sub-paragraph (3), where the home court proposes to exercise

the power conferred by paragraph 5 of Schedule 9, otherwise than on the

application of the offender, the court—

(a)
if it is in Scotland—

(i)
must issue a citation requiring the offender to appear

before it, and

(ii)
if he does not appear in answer to the citation, may issue

a warrant for the offender’s arrest;

(b)
if it is in Northern Ireland—

(i)
must issue a summons requiring the offender to appear

before it, and

(ii)
if he does not appear in answer to the summons, may

issue a warrant for the offender’s arrest;


and paragraph 8 of Schedule 9 does not apply to the home court.

      (3)
Sub-paragraph (2) does not apply to any order cancelling any

requirement of a custody plus order or intermittent custody order.

      (4)
Where the home court is considering amending a custody plus or

intermittent custody order, any reference in Chapter 4 of Part 12 of this

Act to a local probation board has effect as a reference to a local authority

in Scotland or, as the case may be, the Probation Board for Northern

Ireland.

18
Where by virtue of paragraph 17 any application is made to the home

court under paragraph 4 or 5 of Schedule 9, the home court may (instead

of dealing with the application) require the offender to appear before the

original court.

19
No court may amend or further amend a custody plus order or an

intermittent custody order unless it appears to the court that the

conditions in paragraph 2(2)(a) and (b) or, as the case may be, the

conditions in paragraph 9(2)(a) and (b) are satisfied in relation to any

requirement to be imposed; but this paragraph does not apply to any

amendment made by virtue of paragraph 22(1).

20
The preceding paragraphs of this Schedule have effect in relation to any

amendment of a custody plus or intermittent custody order by any court

as they have effect in relation to the amendment of such an order by

virtue of paragraph 3 or 10.

(  86  )

21
On the making of an order amending a custody plus order or

intermittent custody order—

(a)
the court must provide copies of the amending order to the

offender and the relevant officer, and

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

authority area or petty sessions district, paragraphs 5 and 6, or as

the case may be paragraphs 11 and 12, have effect in relation to

the order as they have effect in relation to an order made or

amended in accordance with paragraph 2 or 3, or as the case may

be, 9 or 10.

22    (1)
Where—

(a)
a custody plus order has been made in accordance with

paragraph 2 or 9 or a custody plus or intermittent custody order

has been amended in accordance with paragraph 3 or 10, but (in

any of those cases) the Secretary of State has not made an order

under paragraph 1 or 4 of Schedule 1 to the 1997 Act in relation

to the offender, or

(b)
the Secretary of State has made, or indicated his willingness to

make, an order under paragraph 7(1) of Schedule 1 to the 1997

Act transferring the offender or his supervision back to England

and Wales,


the court may, on the application of the offender or the Secretary of State,

amend the custody plus order or intermittent custody order by requiring

it to be complied with in England and Wales.

      (2)
In sub-paragraph (1) “the court”, in a case falling within paragraph (a) of

that sub-paragraph, means the original court.

      (3)
In a case where paragraph 2(4) or 9(4) requires the Secretary of State to

apply under this paragraph, the court must make an amending order

under this paragraph.

      (4)
Where under this paragraph the court amends a custody plus order or

intermittent custody order which contains requirements which, in the

opinion of the court, cannot be complied with in the petty sessions area

in which the offender is residing or proposes to reside, the court must, in

accordance with paragraph 5 of Schedule 9, either—

(a)
cancel those requirements, or

(b)
substitute for those requirements other requirements which can

be complied with if the offender resides in that area.

      (5)
Where the court amends under this paragraph any custody plus order or

intermittent custody order imposing a programme requirement the

court must ensure that the requirement as amended specifies a

programme which is available in the petty sessions area in England and

Wales in which the offender is residing or proposes to reside.

      (6)
The custody plus order or intermittent custody order as amended under

this paragraph must specify the petty sessions area in which the offender

resides or proposes to reside in the licence period.

      (7)
On the making under this paragraph of an order amending a custody

plus order or intermittent custody order, the court must—

(a)
provide copies of the amending order to the offender, the

relevant officer and the local probation board acting for the new

petty sessions area, and

(b)
provide the magistrates’ court acting for that area with a copy of

the amending order and such other documents and information