|
|
|
|
| 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. |
|
| |
| |
| 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.” |
|
|
349 | Page 241, line 21, at end insert— |
|
| |
| 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’ |
|
| |
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’ |
|
| |
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 |
|
| |
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— |
|
|
|
|
|
| “( ) | 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 |
|
| |
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 |
|
| |
| (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 |
|
|
|
|
|
| |
366 | Page 248, line 13, leave out from “to” to “that” in line 14 and insert “the appropriate |
|
| |
367 | Page 248, line 17, at end insert— |
|
| “(2) | In this paragraph “the appropriate court” has the same meaning as in |
|
| |
368 | Page 248, line 21, at end insert— |
|
| “(2) | Sub-paragraph (1) does not apply to an application under paragraph 14 |
|
| |
| (a) | relates to a mental health treatment requirement, a drug |
|
| rehabilitation requirement or an alcohol treatment requirement, |
|
| |
| (b) | is made by the responsible officer with the consent of the |
|
| |
|
369 | Insert the following new Schedule— |
|
| “Transfer of suspended sentence orders to Scotland or Northern Ireland |
|
| |
| |
| 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. |
|
| |
| (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 |
|
| |
| (b) | it appears to the court that the conditions in sub-paragraph (1)(a) |
|
| |
| | 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 |
|
| |
| 2 | A suspended sentence order made or amended in accordance with |
|
| |
| (a) | specify the local authority area in which the offender resides or |
|
| will be residing when the order or amendment comes into force, |
|
| |
| (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 |
|
| |
| | 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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| 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— |
|
|
|
|
|
| (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 |
|
| |
| (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 |
|
| |
| (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. |
|
| |
| |
| 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 |
|
| |
| (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, |
|
| |
| (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. |
|
| |
| (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 |
|
| |
|
|
|
|
| (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 |
|
| |
| 7 | A suspended sentence order made or amended in accordance with |
|
| |
| (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 |
|
| |
| | 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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| 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), |
|
|
|
|
|
| (d) | subsection (4) of section 209 (availability of arrangements in local |
|
| |
| (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. |
|
| |
| 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— |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| | “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. |
|
|