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348 | Insert the following new Schedule— |
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| “Transfer of custody plus orders and intermittent custody orders to |
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| Scotland or Northern Ireland |
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| |
| |
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| (a) | “the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43), and |
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| (b) | any reference to a requirement being imposed by, or included in |
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| a custody plus order or intermittent custody order is a reference |
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| to compliance with the requirement being required by the order |
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| to be a condition of a licence. |
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| |
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| 2 (1) | Where the court making a custody plus order is satisfied that the |
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| offender resides in Scotland, or will reside there during the licence |
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| period, the court may, subject to sub-paragraph (2), impose |
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| requirements that are to be complied with in Scotland and require the |
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| offender’s compliance with the order to be supervised in accordance |
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| with arrangements made by the local authority in Scotland in whose area |
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| he resides or will reside. |
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| (2) | The court may not make an order by virtue of this paragraph unless it |
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| |
| (a) | in the case of an order imposing a requirement mentioned in sub- |
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| paragraph (3), that arrangements exist for persons to comply |
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| with such a requirement in the locality in Scotland in which the |
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| offender resides, or will be residing during the licence period, |
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| and that provision can be made for him to comply with the |
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| requirement under those arrangements, and |
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| (b) | in any case, that suitable arrangements for supervising his |
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| compliance with the order can be made by the local authority in |
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| whose area he resides, or will be residing during the licence |
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| |
| (3) | The requirements referred to in sub-paragraph (2)(a) are— |
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| (a) | an unpaid work requirement, |
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| (b) | an activity requirement, |
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| (c) | a programme requirement, and |
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| (d) | an electronic monitoring requirement. |
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| (4) | If an order has been made in accordance with this paragraph in relation |
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| |
| (a) | the Secretary of State decides not to make an order under |
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| paragraph 1 or 4 of Schedule 1 to the 1997 Act in relation to him, |
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| |
| (b) | the offender has not applied under paragraph 22 of this Schedule |
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| for the amendment of the custody plus order or intermittent |
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| |
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| | the Secretary of State must apply to the court under paragraph 22 of this |
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| Schedule for the amendment of the order. |
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| |
| (a) | the appropriate court for the purposes of paragraph 4 of |
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| Schedule 9 (amendment by reason of change of residence) is |
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| satisfied that the offender in respect of whom a custody plus |
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| order or intermittent custody order is in force is residing in |
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| Scotland, or proposes to reside there during the licence period, |
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| (b) | the Secretary of State has made, or has indicated his willingness |
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| to make, an order under paragraph 1 or 4 of Schedule 1 to the |
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| 1997 Act in relation to the offender, and |
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| (c) | it appears to the court that the conditions in paragraph 2(2)(a) |
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| |
| | the power of the court to amend the order under Schedule 9 includes |
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| power to amend it by requiring the requirements included in the order |
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| to be complied with in Scotland and the offender’s compliance with |
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| them to be supervised in accordance with the arrangements referred to |
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| |
| 4 | A court may not by virtue of paragraph 2 or 3 require an attendance |
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| centre requirement to be complied with in Scotland. |
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| 5 | A custody plus order made in accordance with paragraph 2 or a custody |
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| plus order or intermittent order amended in accordance with paragraph |
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| |
| (a) | specify the local authority area in which the offender resides or |
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| will reside during the licence period, and |
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| (b) | require the local authority for that area to appoint or assign an |
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| officer who will be responsible for discharging in relation to him |
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| the functions conferred on responsible officers by Part 12 of this |
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| |
| | and section 207 (petty sessions area to be specified) does not apply in |
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| relation to an order so made or amended. |
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| 6 (1) | Where a court makes a custody plus order in accordance with paragraph |
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| 2 or amends a custody plus order or intermittent custody order in |
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| accordance with paragraph 3, the court must provide the relevant |
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| |
| (a) | the local authority for the area specified in the order, and |
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| (b) | the sheriff court having jurisdiction in the locality in which the |
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| offender resides or proposes to reside; |
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| | and paragraphs (b) to (d) of subsection (1) of section 210 (which relate to |
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| the provision of copies) do not apply in relation to an order so made or |
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| |
| (2) | In this paragraph, “the relevant documents” means— |
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| (a) | a copy of the order as made or amended, and |
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| (b) | such other documents and information relating to the case as the |
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| court making or amending the order considers likely to be of |
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| |
| 7 (1) | In relation to the making of a custody plus order by virtue of paragraph |
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| 2, in relation to the amendment of a custody plus order or intermittent |
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| custody order by virtue of paragraph 3, and (except for the purposes of |
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| paragraph 22) in relation to an order so made or amended, Chapter 4 of |
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| Part 12 of this Act has effect subject to the following modifications. |
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| (2) | Any reference to the responsible officer has effect as a reference to the |
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| officer appointed or assigned under paragraph 5(b). |
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| (3) | The following provisions are omitted— |
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| (a) | subsection (7) of section 192 (activity requirement); |
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| (b) | subsection (7) of section 193 (programme requirement); |
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| (c) | subsection (4) of section 209 (availability of arrangements in local |
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| |
| (4) | In section 206 (electronic monitoring requirement), in subsection (3), the |
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| words from “and” onwards are omitted. |
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| 8 | In this Part of this Schedule “local authority” means a council constituted |
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| under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) |
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| and any reference to the area of such an authority is a reference to the |
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| local government area within the meaning of that Act. |
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| |
| |
| 9 (1) | Where the court making a custody plus order is satisfied that the |
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| offender resides in Northern Ireland, or will reside there during the |
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| licence period, the court may, subject to sub-paragraph (2), impose |
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| requirements that are to be complied with in Northern Ireland and |
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| require the offender’s compliance with the order to be supervised in |
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| accordance with arrangements made by the Probation Board for |
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| |
| (2) | The court may not make an order by virtue of this paragraph unless it |
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| |
| (a) | in the case of an order imposing a requirement mentioned in sub- |
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| paragraph (3), that arrangements exist for persons to comply |
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| with such a requirement in the petty sessions district in Northern |
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| Ireland in which the offender resides, or will be residing during |
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| the licence period, and that provision can be made for him to |
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| comply with the requirement under those arrangements, and |
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| (b) | in any case, that suitable arrangements for supervising his |
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| compliance with the order can be made by the Probation Board |
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| |
| (3) | The requirements referred to in sub-paragraph (1)(a) are— |
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| (a) | an unpaid work requirement, |
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| (b) | an activity requirement, |
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| (c) | a programme requirement, |
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| (d) | an attendance centre requirement, and |
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| (e) | an electronic monitoring requirement. |
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| (4) | If an order has been made in accordance with this paragraph in relation |
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| |
| (a) | the Secretary of State decides not to make an order under |
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| paragraph 1 or 4 of Schedule 1 to the 1997 Act in relation to him, |
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| |
| (b) | the offender has not applied under paragraph 22 of this Schedule |
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| for the amendment of the custody plus order or intermittent |
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| |
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|
| | the Secretary of State must apply to the court under paragraph 22 for the |
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| |
| |
| (a) | the appropriate court for the purposes of paragraph 4 of |
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| Schedule 9 (amendment by reason of change of residence) is |
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| satisfied that the offender in respect of whom a custody plus |
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| order or intermittent custody order is in force is residing in |
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| Northern Ireland, or proposes to reside there during the licence |
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| |
| (b) | the Secretary of State has made, or has indicated his willingness |
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| to make, an order under paragraph 1 or 4 of Schedule 1 to the |
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| 1997 Act in relation to the offender, and |
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| (c) | it appears to the court that the conditions in paragraph 9(2)(a) |
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| |
| | the power of the court to amend the order under Schedule 9 includes |
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| power to amend it by requiring the requirements included in the order |
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| to be complied with in Northern Ireland and the offender’s compliance |
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| with them to be supervised in accordance with the arrangements |
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| referred to in paragraph 9(2)(b). |
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| 11 | A custody plus order made in accordance with paragraph 9 or a custody |
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| plus order or intermittent custody order amended in accordance with |
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| |
| (a) | specify the petty sessions district in Northern Ireland in which |
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| the offender resides or will reside during the licence period, and |
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| (b) | require the Probation Board for Northern Ireland to appoint or |
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| assign a probation officer who will be responsible for discharging |
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| in relation to him the functions conferred on responsible officers |
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| |
| | and section 207 (petty sessions area to be specified) does not apply in |
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| relation to an order so made or amended. |
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| 12 (1) | Where a court makes a custody plus order in accordance with paragraph |
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| 9 or amends a custody plus order or intermittent custody order in |
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| accordance with paragraph 10, the court must provide the relevant |
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| |
| (a) | the Probation Board for Northern Ireland, and |
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| (b) | the court of summary jurisdiction acting for the petty sessions |
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| district in which the offender resides or proposes to reside; |
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| | and paragraphs (b) to (d) of subsection (1) of section 210 (which relate to |
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| the provision of copies) do not apply in relation to an order so made or |
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| |
| (2) | In this paragraph, “the relevant documents” means— |
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| (a) | a copy of the order as made or amended, and |
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| (b) | such other documents and information relating to the case as the |
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| court making or amending the order considers likely to be of |
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| |
| 13 (1) | In relation to the making of a custody plus order by virtue of paragraph |
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| 9, in relation to the amendment of a custody plus order or intermittent |
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| custody order by virtue of paragraph 10, and (except for the purposes of |
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| paragraph 22) in relation to an order so made or amended, Chapter 4 of |
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| Part 12 of this Act has effect subject to the following modifications. |
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| (2) | Any reference to the responsible officer has effect as a reference to the |
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| probation officer appointed or assigned under paragraph 11(b). |
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| (3) | The following provisions are omitted— |
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| (a) | subsection (7) of section 192 (activity requirement); |
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| (b) | subsection (7) of section 193 (programme requirement); |
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| (c) | subsection (4) of section 209 (availability of arrangements in local |
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| |
| (4) | In section 205 (attendance centre requirement), any reference to an |
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| attendance centre has effect as a reference to a day centre, as defined by |
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| paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) |
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| Order 1996 (S.I. 1996/3160 (N.I. 24). |
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| (5) | In section 206 (electronic monitoring requirement), in subsection (3), the |
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| words from “and” onwards are omitted. |
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| |
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| 14 | This Part of this Schedule applies at any time while a custody plus order |
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| made in accordance with paragraph 2 or 9 or amended in accordance |
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| with paragraph 3 or 10, or an intermittent custody order amended in |
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| accordance with paragraph 3 or 10, is in force in respect of an offender. |
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| 15 | In this Part of this Schedule— |
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| |
| (a) | if the offender resides in Scotland, or will be residing |
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| there during the licence period, the sheriff court having |
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| jurisdiction in the locality in which the offender resides or |
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| |
| (b) | if he resides in Northern Ireland, or will be residing there |
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| during the licence period, the court of summary |
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| jurisdiction acting for the petty sessions district in which |
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| he resides or proposes to reside; |
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| | “local authority” and “local authority area” are to be read in |
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| accordance with paragraph 8; |
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| | “original court” means the court in England and Wales which made |
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| or last amended the custody plus order or intermittent custody |
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| |
| | “the relevant officer” means— |
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| (a) | where the order specifies a local authority area in |
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| Scotland, the local authority officer appointed or |
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| assigned under paragraph 5(b), and |
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| (b) | where the order specifies a local authority district in |
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| Northern Ireland, the probation officer appointed or |
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| assigned under paragraph 11(b). |
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| 16 (1) | Where this Part of this Schedule applies, Schedule 9 has effect subject to |
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| the following modifications. |
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| (2) | Any reference to the responsible officer has effect as a reference to the |
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| |
| (3) | Any reference to the appropriate court has effect as a reference to the |
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| |
| (4) | Where the order specifies a local authority area in Scotland— |
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| (a) | any reference to the petty sessions area concerned has effect as a |
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| reference to that local authority area, and |
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| (b) | any other reference to a petty sessions area has effect as a |
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| reference to a local authority area. |
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| (5) | Where the order specifies a petty sessions district in Northern Ireland— |
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| (a) | any reference to the petty sessions area concerned has effect as a |
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| reference to that petty sessions district, and |
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| (b) | any other reference to a petty sessions area has effect as a |
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| reference to a petty sessions district. |
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| (6) | Paragraph 9 is omitted. |
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| 17 (1) | The home court may exercise any power under paragraph 4 or 5 of |
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| Schedule 9 (amendment of custody plus order or intermittent custody |
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| order) as if it were the original court. |
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| (2) | Subject to sub-paragraph (3), where the home court proposes to exercise |
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| the power conferred by paragraph 5 of Schedule 9, otherwise than on the |
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| application of the offender, the court— |
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| (a) | if it is in Scotland— |
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| (i) | must issue a citation requiring the offender to appear |
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| |
| (ii) | if he does not appear in answer to the citation, may issue |
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| a warrant for the offender’s arrest; |
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| (b) | if it is in Northern Ireland— |
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| (i) | must issue a summons requiring the offender to appear |
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| |
| (ii) | if he does not appear in answer to the summons, may |
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| issue a warrant for the offender’s arrest; |
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| | and paragraph 8 of Schedule 9 does not apply to the home court. |
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| (3) | Sub-paragraph (2) does not apply to any order cancelling any |
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| requirement of a custody plus order or intermittent custody order. |
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| (4) | Where the home court is considering amending a custody plus or |
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| intermittent custody order, any reference in Chapter 4 of Part 12 of this |
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| Act to a local probation board has effect as a reference to a local authority |
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| in Scotland or, as the case may be, the Probation Board for Northern |
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| |
| 18 | Where by virtue of paragraph 17 any application is made to the home |
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| court under paragraph 4 or 5 of Schedule 9, the home court may (instead |
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| of dealing with the application) require the offender to appear before the |
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| |
| 19 | No court may amend or further amend a custody plus order or an |
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| intermittent custody order unless it appears to the court that the |
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| conditions in paragraph 2(2)(a) and (b) or, as the case may be, the |
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| conditions in paragraph 9(2)(a) and (b) are satisfied in relation to any |
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| requirement to be imposed; but this paragraph does not apply to any |
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| amendment made by virtue of paragraph 22(1). |
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| 20 | The preceding paragraphs of this Schedule have effect in relation to any |
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| amendment of a custody plus or intermittent custody order by any court |
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| as they have effect in relation to the amendment of such an order by |
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| virtue of paragraph 3 or 10. |
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| 21 | On the making of an order amending a custody plus order or |
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| intermittent custody order— |
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| (a) | the court must provide copies of the amending order to the |
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| offender and the relevant officer, and |
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| (b) | in the case of an amending order which substitutes a new local |
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| authority area or petty sessions district, paragraphs 5 and 6, or as |
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| the case may be paragraphs 11 and 12, have effect in relation to |
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| the order as they have effect in relation to an order made or |
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| amended in accordance with paragraph 2 or 3, or as the case may |
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| |
| |
| (a) | a custody plus order has been made in accordance with |
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| paragraph 2 or 9 or a custody plus or intermittent custody order |
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| has been amended in accordance with paragraph 3 or 10, but (in |
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| any of those cases) the Secretary of State has not made an order |
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| under paragraph 1 or 4 of Schedule 1 to the 1997 Act in relation |
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| |
| (b) | the Secretary of State has made, or indicated his willingness to |
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| make, an order under paragraph 7(1) of Schedule 1 to the 1997 |
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| Act transferring the offender or his supervision back to England |
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| |
| | the court may, on the application of the offender or the Secretary of State, |
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| amend the custody plus order or intermittent custody order by requiring |
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| it to be complied with in England and Wales. |
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| (2) | In sub-paragraph (1) “the court”, in a case falling within paragraph (a) of |
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| that sub-paragraph, means the original court. |
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| (3) | In a case where paragraph 2(4) or 9(4) requires the Secretary of State to |
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| apply under this paragraph, the court must make an amending order |
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| |
| (4) | Where under this paragraph the court amends a custody plus order or |
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| intermittent custody order which contains requirements which, in the |
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| opinion of the court, cannot be complied with in the petty sessions area |
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| in which the offender is residing or proposes to reside, the court must, in |
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| accordance with paragraph 5 of Schedule 9, either— |
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| (a) | cancel those requirements, or |
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| (b) | substitute for those requirements other requirements which can |
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| be complied with if the offender resides in that area. |
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| (5) | Where the court amends under this paragraph any custody plus order or |
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| intermittent custody order imposing a programme requirement the |
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| court must ensure that the requirement as amended specifies a |
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| programme which is available in the petty sessions area in England and |
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| Wales in which the offender is residing or proposes to reside. |
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| (6) | The custody plus order or intermittent custody order as amended under |
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| this paragraph must specify the petty sessions area in which the offender |
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| resides or proposes to reside in the licence period. |
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| (7) | On the making under this paragraph of an order amending a custody |
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| plus order or intermittent custody order, the court must— |
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| (a) | provide copies of the amending order to the offender, the |
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| relevant officer and the local probation board acting for the new |
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| |
| (b) | provide the magistrates’ court acting for that area with a copy of |
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| the amending order and such other documents and information |
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|