(94-100)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  94  )

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

relevant officer.

      (3)
Any reference to a magistrates’ court acting for the petty sessions area

concerned has effect as a reference to a magistrates’ court acting for the

same petty sessions area as the original court; and any reference to a

justice of the peace acting for the petty sessions area concerned has effect

as a reference to a justice of the peace acting for the same petty sessions

area as that court.

      (4)
Any reference to the appropriate court has effect as a reference to the

original court.

      (5)
In paragraphs 3 and 4, any reference to causing an information to be laid

before a justice of the peace has effect—

(a)
if the home court is in Scotland, as a reference to providing

information to the home court with a view to it issuing a citation,

and

(b)
if the home court is in Northern Ireland, as a reference to making

a complaint to a justice of the peace in Northern Ireland.

      (6)
In paragraph 13—

(a)
if the home court is in Scotland—

(i)
any reference to the petty sessions area concerned has

effect as a reference to the local authority area specified in

the order, and

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

reference to a local authority area, and

(b)
if the home court is in Northern Ireland—

(i)
any reference to the petty sessions area concerned has

effect as a reference to the petty sessions district specified

in the order, and

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

reference to a petty sessions district.

      (7)
Paragraph 21 is omitted.

      (8)
No court in England and Wales may—

(a)
exercise any power in relation to any failure by the offender to

comply with any community requirement of the order unless the

offender has been required in accordance with paragraph

14(1)(b) or (2)(a) of this Schedule to appear before that court;

(b)
exercise any power under Part 3 of Schedule 10 unless the

offender has been required in accordance with paragraph 15(2)

or 16 of this Schedule to appear before that court.

13    (1)
Sub-paragraph (2) applies where it appears to the home court—

(a)
if that court is in Scotland, on information from the relevant

officer, or

(b)
if that court is in Northern Ireland, upon a complaint being made

by the relevant officer,


that the offender has failed without reasonable excuse to comply with

any of the community requirements of the suspended sentence order.

      (2)
The home court may—

(a)
if it is in Scotland—

(i)
issue a citation requiring the offender to appear before it

at the time specified in the citation, or

(  95  )

(ii)
issue a warrant for the offender’s arrest;

(b)
if it is in Northern Ireland—

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

it at the time specified in the summons, or

(ii)
issue a warrant for the offender’s arrest.

14    (1)
The court before which an offender appears or is brought by virtue of

paragraph 13 must—

(a)
determine whether the offender has failed without reasonable

excuse to comply with any of the community requirements of the

suspended sentence order, or

(b)
require the offender to appear before the original court.

      (2)
If the home court determines that the offender has failed without

reasonable excuse to comply with any of the community requirements of

the order—

(a)
the home court must require the offender to appear before the

original court, and

(b)
when the offender appears before the original court, paragraph 7

of Schedule 10 applies as if it had already been proved to the

satisfaction of the original court that the offender failed without

reasonable excuse to comply with such of the community

requirements of the order as may have been determined.

      (3)
An offender who is required by any of the following community

requirements of a suspended sentence order—

(a)
a mental health treatment requirement,

(b)
a drug rehabilitation requirement, or

(c)
an alcohol treatment requirement,


to submit to treatment for his mental condition, or his dependency on or

propensity to misuse drugs or alcohol, is not to be treated for the

purposes of sub-paragraph (2) as having failed to comply with that

requirement on the ground only that he had refused to undergo any

surgical, electrical or other treatment if, in the opinion of the court, his

refusal was reasonable having regard to all the circumstances.

      (4)
The evidence of one witness shall, for the purposes of sub-paragraph (2)

above, be sufficient.

      (5)
Where the home court is in Scotland and the order contains an electronic

monitoring requirement, section 245H of the Criminal Procedure

(Scotland) Act 1995 (c. 46) (documentary evidence) applies to

proceedings under this paragraph as it applies to proceedings under

section 245F of that Act (breach of restriction of liberty order).

      (6)
Where an offender is required by virtue of sub-paragraph (2) to appear

before the original court—

(a)
the home court must send to the original court a certificate

certifying that the offender has failed without reasonable excuse

to comply with the requirements of the order in the respect

specified, and

(b)
such a certificate signed by the clerk of the home court is

admissible before the original court as conclusive evidence of the

matters specified in it.

15    (1)
The home court may exercise any power under Part 3 of Schedule 10

(amendment of suspended sentence order) as if it were the original

(  96  )

court, except that the home court may not exercise the power conferred

by paragraph 14(4) of that Schedule.

      (2)
Where paragraph 14(4) of Schedule 10 applies the home court must

require the offender to appear before the original court.

      (3)
Subject to sub-paragraph (4), where the home court proposes to exercise

the power conferred by paragraph 14(1) of Schedule 10, 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 19 of Schedule 10 does not apply to the home court.

      (4)
Sub-paragraph (3) does not apply to an order cancelling any community

requirement of a suspended sentence order.

      (5)
Where the home court is considering amending a suspended sentence

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.

16
Where by virtue of paragraph 15 any application is made to the home

court under Part 3 of Schedule 10, the home court may (instead of

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

original court.

17
No court may amend or further amend a suspended sentence order

unless it appears to the court that the conditions in paragraph 1(1)(a) and

(b) or, as the case may be, paragraph 6(1)(a) and (b) are satisfied in

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

apply to any amendment by virtue of paragraph 20(2).

18
The preceding paragraphs of this Schedule have effect in relation to any

amendment of a suspended order by any court as they have effect in

relation to the amendment of such an order by virtue of paragraph 1(3)

or 6(3).

19
On the making of an order amending a suspended sentence 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 2 and 3 or, as

the case may be, 7 and 8 have effect in relation to the order as they

have effect in relation to an order made or amended in

accordance with paragraph 1 or 6.

20    (1)
This paragraph applies where the home court is satisfied that the

offender is residing or proposes to reside in England and Wales.

(  97  )

      (2)
Subject to sub-paragraphs (3) and (4), the home court may , and on the

application of the relevant officer must, amend the suspended sentence

order by requiring it to be complied with in England and Wales.

      (3)
The court may not amend under this paragraph a suspended sentence

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 unless, in accordance with paragraph 14

of Schedule 10 it either—

(a)
cancels those requirements, or

(b)
substitutes for those requirements other requirements which can

be complied with if the offender resides in that area.

      (4)
The court may not amend under this paragraph any suspended sentence

order imposing a programme requirement unless it appears to the court

that the accredited programme specified in the requirement is available

in the petty sessions area in England and Wales in which the offender is

residing or proposes to reside.

      (5)
The suspended sentence order as amended must specify the petty

sessions area in which the offender resides or proposes to reside.

      (6)
On the making under this paragraph of an order amending a suspended

sentence order, the home 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

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

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

functions in relation to the order.

      (7)
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 4

Supplementary

21
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

community requirements of a suspended sentence order made or

amended in accordance with paragraph 1 of this Schedule.

22    (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 13(2)(a) or 15(3)(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

13(2)(b) or 15(3)(b) may, in such circumstances as may be prescribed by

rules of court, be served in England and Wales or Scotland.”

(  98  )

Schedule 12
370
Page 252, line 21, at end insert—


“An offence under Part II of the Channel Tunnel (Security) Order 1994

(S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel

system).”
371
Page 252, line 29, leave out paragraph 59
372
Page 252, line 34, at end insert—


“An offence under section 1 of the Female Genital Mutilation Act 2003

(female genital mutilation).


An offence under section 2 of that Act (assisting a girl to mutilate her

own genitalia).


An offence under section 3 of that Act (assisting a non-UK person to

mutilate overseas a girl’s genitalia).”
373
Page 254, line 5, at end insert—


“An offence under section 33 of that Act (keeping a brothel).”
374
Page 254, line 25, at end insert—


“An offence under section 1 of the Sexual Offences Act 2003 (rape).


An offence under section 2 of that Act (assault by penetration).


An offence under section 3 of that Act (sexual assault).


An offence under section 4 of that Act (causing a person to engage in

sexual activity without consent).


An offence under section 5 of that Act (rape of a child under 13).


An offence under section 6 of that Act (assault of a child under 13 by

penetration).


An offence under section 7 of that Act (sexual assault of a child under 13).


An offence under section 8 of that Act (causing or inciting a child under

13 to engage in sexual activity).


An offence under section 9 of that Act (sexual activity with a child).


An offence under section 10 of that Act (causing or inciting a child to

engage in sexual activity).


An offence under section 11 of that Act (engaging in sexual activity in the

presence of a child).


An offence under section 12 of that Act (causing a child to watch a sexual

act).


An offence under section 13 of that Act (child sex offences committed by

children or young persons).


An offence under section 14 of that Act (arranging or facilitating

commission of a child sex offence).

(  99  )


An offence under section 16 of that Act (meeting a child following sexual

grooming etc.).


An offence under section 17 of that Act (abuse of position of trust: sexual

activity with a child).


An offence under section 18 of that Act (abuse of position of trust:

causing or inciting a child to engage in sexual activity).


An offence under section 19 of that Act (abuse of position of trust: sexual

activity in the presence of a child).


An offence under section 20 of that Act (abuse of position of trust:

causing a child to watch a sexual act).


An offence under section 26 of that Act (sexual activity with a child

family member).


An offence under section 27 of that Act (inciting a child family member

to engage in sexual activity).


An offence under section 31 of that Act (sexual activity with a person

with a mental disorder).


An offence under section 32 of that Act (causing or inciting a person with

a mental disorder to engage in sexual activity).


An offence under section 33 of that Act (engaging in sexual activity in the

presence of a person with a mental disorder).


An offence under section 34 of that Act (causing a person with a mental

disorder to watch a sexual act).


An offence under section 35 of that Act (inducement, threat or deception

to procure sexual activity with a person with a mental disorder).


An offence under section 36 of that Act (causing a person with a mental

disorder to engage in or agree to engage in sexual activity by

inducement, threat or deception).


An offence under section 37 of that Act (engaging in sexual activity in the

presence, procured by inducement, threat or deception, of a person with

a mental disorder).


An offence under section 38 of that Act (causing a person with a mental

disorder to watch a sexual act by inducement, threat or deception).


An offence under section 39 of that Act (care workers: sexual activity

with a person with a mental disorder).


An offence under section 40 of that Act (care workers: causing or inciting

sexual activity).


An offence under section 41 of that Act (care workers: sexual activity in

the presence of a person with a mental disorder).


An offence under section 42 of that Act (care workers: causing a person

with a mental disorder to watch a sexual act).


An offence under section 48 of that Act (paying for sexual services of a

child).

(  100  )


An offence under section 49 of that Act (causing or inciting child

prostitution or pornography).


An offence under section 50 of that Act (controlling a child prostitute or

a child involved in pornography).


An offence under section 51 of that Act (arranging or facilitating child

prostitution or pornography).


An offence under section 53 of that Act (causing or inciting prostitution

for gain).


An offence under section 54 of that Act (controlling prostitution for

gain).


An offence under section 57 of that Act (trafficking into the UK for sexual

exploitation).


An offence under section 58 of that Act (trafficking within the UK for

sexual exploitation).


An offence under section 59 of that Act (trafficking out of the UK for

sexual exploitation).


An offence under section 61 of that Act (administering a substance with

intent).


An offence under section 62 of that Act (committing an offence with

intent to commit a sexual offence).


An offence under section 63 of that Act (trespass with intent to commit a

sexual offence).


An offence under section 64 of that Act (sex with an adult relative:

penetration).


An offence under section 65 of that Act (sex with an adult relative:

consenting to penetration).


An offence under section 67 of that Act (exposure).


An offence under section 68 of that Act (voyeurism).


An offence under section 70 of that Act (intercourse with an animal).


An offence under section 71 of that Act (sexual penetration of a corpse).”
Schedule 13
375
Page 255, line 21, leave out from “Act” to end of line 22 and insert “(detention of

woman in brothel or other premises)”
Schedule 14
376
Page 258, line 34, at end insert—


“An offence under section 1 of the Female Genital Mutilation Act 2003

(female genital mutilation).


An offence under section 2 of that Act (assisting a girl to mutilate her

own genitalia).