(87-93)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

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relating to the case as the home court considers likely to be of

assistance to the court acting for that area in the exercise of its

functions in relation to the order.

      (8)
Where an order has been amended under this paragraph, the preceding

paragraphs of this Schedule shall cease to apply to the order as amended.

Part 5

Supplementary

23
Subsections (1) and (3) of section 245C of the Criminal Procedure

(Scotland) Act 1995 (c. 46) (provision of remote monitoring) have effect

as if they included a reference to the electronic monitoring of the

requirements of a custody plus order made in accordance with

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

in accordance with paragraph 3.

24    (1)
Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (which

provides, among other things, for service in England and Wales of

Scottish citations or warrants) applies to any citation or warrant issued

under paragraph 17(2)(a) as it applies to a citation or warrant granted

under section 134 of the Criminal Procedure (Scotland) Act 1995 (c. 46).

      (2)
A summons issued by a court in Northern Ireland under paragraph

17(2)(b) may, in such circumstances as may be prescribed by rules of

court, be served in England and Wales or Scotland.”
Schedule 10
349
Page 241, line 21, at end insert—

“Orders made on appeal

2A
Where a suspended sentence order is made on appeal it is to be taken for

the purposes of this Schedule to have been made by the Crown Court.”
350
Page 242, line 1, leave out “made by the Crown Court” and insert “which is made

by the Crown Court and does not include a direction that any failure to comply

with the community requirements of the order is to be dealt with by a magistrates’

court”
351
Page 242, line 15, leave out “made by the Crown Court” and insert “which is made

by the Crown Court and does not include a direction that any failure to comply

with the community requirements of the order is to be dealt with by a magistrates’

court”
352
Page 242, line 18, at end insert—

“( )
This paragraph applies to—

(a)
a suspended sentence order made by a magistrates’ court, or

(b)
any suspended sentence order which was made by the Crown

Court and includes a direction that any failure to comply with

the community requirements of the order is to be dealt with by a

magistrates’ court.”
353
Page 242, line 19, leave out from “order” to “it” in line 20 and insert “to which this

paragraph applies is in force”
354
Page 242, line 38, at end insert—

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     “( )
This paragraph applies to a suspended sentence order made by the

Crown Court which does not include a direction that any failure to

comply with the community requirements of the order is to be dealt with

by a magistrates’ court.”
355
Page 242, line 39, leave out from “order” to “it” in line 40 and insert “to which this

paragraph applies is in force”
356
Page 243, line 13, leave out “184(5)” and insert “184(6)”
357
Page 243, line 37, leave out paragraphs (ii) and (iii) and insert—

“(ii)
subject to subsections (3) and (4) of section 181, extending

the supervision period, or

(iii)
subject to subsection (3) of that section, extending the

operational period.”
358
Page 244, line 4, at end insert—

     “(6)
Where a suspended sentence order was made by the Crown Court and a

magistrates’ court would (apart from this sub-paragraph) be required to

deal with the offender under sub-paragraph (2)(a), (b) or (c) it may

instead commit him to custody or release him on bail until he can be

brought or appear before the Crown Court.

      (7)
A magistrates’ court which deals with an offender’s case under sub-

paragraph (6) must send to the Crown Court—

(a)
a certificate signed by a justice of the peace certifying that the

offender has failed to comply with the community requirements

of the suspended sentence order in the respect specified in the

certificate, and

(b)
such other particulars of the case as may be desirable;


and a certificate purporting to be so signed is admissible as evidence of

the failure before the Crown Court.”
359
Page 244, line 4, at end insert—

     “(8)
In proceedings before the Crown Court under this paragraph any

question whether the offender has failed to comply with the community

requirements of the suspended sentence order and any question

whether the offender has been convicted of an offence committed during

the operational period of the suspended sentence is to be determined by

the court and not by the verdict of a jury.”
360
Page 244, line 15, leave out sub-paragraph (3)
361
Page 244, line 35, at end insert—

     “(2)
A court may not under paragraph 7(2)(c)(i) amend a mental health

treatment requirement, a drug rehabilitation requirement or an alcohol

treatment requirement unless the offender expresses his willingness to

comply with the requirement as amended.”
362
Page 245, line 3, leave out sub-paragraph (3)
363
Page 245, line 37, leave out sub-paragraph (6)
364
Page 246, line 6, leave out sub-paragraph (3)
365
Page 246, line 11, leave out “made by the Crown Court” and insert “which was

made by the Crown Court and does not include any direction that any failure to

comply with the community requirements of the order is to be dealt with by a

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magistrates’ court”
366
Page 248, line 13, leave out from “to” to “that” in line 14 and insert “the appropriate

court”
367
Page 248, line 17, at end insert—

     “(2)
In this paragraph “the appropriate court” has the same meaning as in

paragraph 12.”
368
Page 248, line 21, at end insert—

“(2)
Sub-paragraph (1) does not apply to an application under paragraph 14

which—

(a)
relates to a mental health treatment requirement, a drug

rehabilitation requirement or an alcohol treatment requirement,

and

(b)
is made by the responsible officer with the consent of the

offender.”
After Schedule 10
369
Insert the following new Schedule—

“Transfer of suspended sentence orders to Scotland or Northern Ireland

Part 1

Scotland

1     (1)
Where the court considering the making of a suspended sentence order

is satisfied that the offender resides in Scotland, or will reside there when

the order comes into force, the court may not make a suspended sentence

order in respect of the offender unless it appears to the court—

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

paragraph (2), 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 when the order comes into

force, 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 his supervision can be

made by the local authority in whose area he resides, or will be

residing when the order comes into force.

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

(a)
an unpaid work requirement,

(b)
an activity requirement,

(c)
a programme requirement,

(d)
a mental health treatment requirement,

(e)
a drug rehabilitation requirement,

(f)
an alcohol treatment requirement, and

(g)
an electronic monitoring requirement.

      (3)
Where—

(a)
the appropriate court for the purposes of paragraph 13 of

Schedule 10 (amendment by reason of change of residence) is

satisfied that an offender in respect of whom a suspended

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sentence order is in force proposes to reside or is residing in

Scotland, and

(b)
it appears to the court that the conditions in sub-paragraph (1)(a)

and (b) are satisfied,


the power of the court to amend the order under Part 3 of Schedule 10

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

Scotland and the offender to be supervised in accordance with the

arrangements referred to in sub-paragraph (1)(b).

      (4)
For the purposes of sub-paragraph (3), any reference in sub-paragraph

(1)(a) and (b) to the time when the order comes into force is to be treated

as a reference to the time when the amendment comes into force.

      (5)
The court may not by virtue of sub-paragraph (1) or (3) require an

attendance centre requirement to be complied with in Scotland.

      (6)
The court may not provide for an order made in accordance with this

paragraph to be subject to review under section 183 or 201; and where an

order which is subject to review under either of those sections is

amended in accordance with this paragraph, the order shall cease to be

so subject.

2
A suspended sentence order made or amended in accordance with

paragraph 1 must—

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

will be residing when the order or amendment comes into force,

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.

3     (1)
Where a court makes or amends a suspended sentence order in

accordance with paragraph 1, 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 (provision of

copies of relevant orders) 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.

4     (1)
In relation to the making or amendment of a suspended sentence order

in accordance with paragraph 1, and (except for the purposes of

paragraph 20) in relation to an order so made or amended, Chapter 4 of

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

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

officer appointed or assigned under paragraph 2(b).

      (3)
The following provisions are omitted—

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

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

(c)
subsection (4) of section 197 (residence requirement),

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

area).

      (4)
In section 198 (mental health treatment requirement), for subsection

(2)(a) there is substituted—

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

meaning of the Mental Health (Care and Treatment)

(Scotland) Act 2003, not being a state hospital within the

meaning of that Act;”.

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

words from “and” onwards are omitted.

5
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 2

Northern Ireland

6     (1)
Where the court considering the making of a suspended sentence order

is satisfied that the offender resides in Northern Ireland, or will reside

there when the order comes into force, the court may not make a

suspended sentence order in respect of the offender unless it appears to

the court—

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

paragraph (2), 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 when

the order comes into force, 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 his supervision can be

made by the Probation Board for Northern Ireland.

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

(a)
an unpaid work requirement,

(b)
an activity requirement,

(c)
a programme requirement,

(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.

      (3)
Where—

(a)
the appropriate court for the purposes of paragraph 13 of

Schedule 10 (amendment by reason of change of residence) is

satisfied that an offender in respect of whom a suspended

sentence order is in force proposes to reside or is residing in

Northern Ireland, and

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(b)
it appears to the court that the conditions in sub-paragraphs

(1)(a) and (b) are satisfied,


the power of the court to amend the order under Part 3 of Schedule 10

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

Northern Ireland and the offender to be supervised in accordance with

the arrangements referred to in sub-paragraph (1)(b).

      (4)
For the purposes of sub-paragraph (3), any reference in sub-paragraph

(1)(a) and (b) to the time when the order comes into force is to be treated

as a reference to the time when the amendment comes into force.

      (5)
The court may not provide for an order made in accordance with this

paragraph to be subject to review under section 183 or 201; and where an

order which is subject to review under either of those sections is

amended in accordance with this paragraph, the order shall cease to be

so subject.

7
A suspended sentence order made or amended in accordance with

paragraph 6 must—

(a)
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

(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.

8     (1)
Where a court makes or amends a suspended sentence order in

accordance with paragraph 6, 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 (provision of

copies of relevant orders) 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.

9     (1)
In relation to the making or amendment of a suspended sentence order

in accordance with paragraph 6, and (except for the purposes of

paragraph 20) in relation to an order so made or amended, Chapter 4 of

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

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

probation officer appointed or assigned under paragraph 7(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 197 (residence requirement),

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

area).

      (4)
In section 198 (mental health treatment requirement), for subsection

(2)(a) there is substituted—

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

the Criminal Justice (Northern Ireland) Order 1996

(S.I. 1996/3160 (N.I. 24));”.

      (5)
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).

      (6)
In section 206 (electronic monitoring requirement), in subsection (3), the

words from “and” onwards are omitted.

Part 3

General provisions: breach or amendment

10
This Part of this Schedule applies at any time while a suspended

sentence order made or amended in accordance with paragraph 1 or 6 is

in force in respect of an offender.

11
In this Part of this Schedule—


“home court” means—

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

there at the relevant time, 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

at the relevant time, 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 5;


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

or last amended the 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 2(b), and

(b)
where the court specifies a petty sessions district in

Northern Ireland, the probation officer appointed or

assigned under paragraph 7(b);


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

amendment to it comes into force.

12    (1)
Where this Part of this Schedule applies, Schedule 10 has effect subject to

the following modifications.