Criminal Justice Bill

House of Lords

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Criminal Justice Bill

Criminal Justice Bill
Schedule 10 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 4 — General provisions
270

(b)
subsection (7) of section 174 (programme requirement);
(c)
subsection (4) of section 190 (availability of arrangements in local
area).
      (4)
In section 186 (attendance centre requirement), any reference to an
attendance centre has effect as a reference to a day centre, as defined by
5
paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland)
Order 1996 (S.I. 1996/3160 (N.I. 24).
      (5)
In section 187 (electronic monitoring requirement), in subsection (3), the
words from “and” onwards are omitted.
Part 4
10
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
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
20
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;
25

“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—
30
(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
35
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.
40
      (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—
(a)
any reference to the petty sessions area concerned has effect as a
reference to that local authority area, and
45

Criminal Justice Bill
Schedule 10 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 4 — General provisions
271

(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
5
(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
10
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—
15
(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—
20
(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.
25
      (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 11 of this Act
to a local probation board has effect as a reference to a local authority in
30
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.
35
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
40
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.
45
21
On the making of an order amending a custody plus order or intermittent
custody order—

Criminal Justice Bill
Schedule 10 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 4 — General provisions
272

(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
5
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
10
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
15
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.
20
      (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.
25
      (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—
30
(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
35
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
40
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
45
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 the

Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 1 — Preliminary
273

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
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
10
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
15
134 of the Criminal Procedure (Scotland) Act 1995.
      (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 11
20
Section 165

Breach or amendment of suspended sentence order, and effect of further
conviction
Part 1
Preliminary
Interpretation
25
1
In this Schedule—

“the offender”, in relation to a suspended sentence order, means the
person in respect of whom the order is made;

“the petty sessions area concerned”, in relation to a suspended sentence
order, means the petty sessions area for the time being specified in
30
the order;

“the responsible officer” has the meaning given by section 169.
2
In this Schedule—
(a)
any reference to a suspended sentence order being subject to review
is a reference to such an order being subject to review in accordance
35
with section 163(1)(b) or to a drug rehabilitation requirement of such
an order being subject to review in accordance with section 182(1)(b);
(b)
any reference to the court responsible for a suspended sentence order
which is subject to review is to be construed in accordance with
section 163(3) or, as the case may be, 182(2).
40

Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 2 — Breach of community requirement or conviction of further offence
274

Orders made on appeal
3
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.
Part 2
Breach of community requirement or conviction of further offence
5
Duty to give warning in relation to community requirement
4     (1)
If the responsible officer is of the opinion that the offender has failed without
reasonable excuse to comply with any of the community requirements of a
suspended sentence order, the officer must give him a warning under this
paragraph unless—
10
(a)
the offender has within the previous twelve months been given a
warning under this paragraph in relation to a failure to comply with
any of the community requirements of the order, or
(b)
the officer causes an information to be laid before a justice of the
peace in respect of the failure.
15
      (2)
A warning under this paragraph must—
(a)
describe the circumstances of the failure,
(b)
state that the failure is unacceptable, and
(c)
inform the offender that if within the next twelve months he again
fails to comply with any requirement of the order, he will be liable to
20
be brought before a court.
      (3)
The responsible officer must, as soon as practicable after the warning has
been given, record that fact.
      (4)
In relation to any suspended sentence order which is made by the Crown
Court and does not include a direction that any failure to comply with the
25
community requirements of the order is to be dealt with by a magistrates’
court, the reference in sub-paragraph (1)(b) to a justice of the peace is to be
read as a reference to the Crown Court.
Breach of order after warning
5     (1)
If—
30
(a)
the responsible officer has given a warning under paragraph 4 to the
offender in respect of a suspended sentence order, and
(b)
at any time within the twelve months beginning with the date on
which the warning was given, the responsible officer is of the
opinion that the offender has since that date failed without
35
reasonable excuse to comply with any of the community
requirements of the order,

the officer must cause an information to be laid before a justice of the peace
in respect of the failure in question.
      (2)
In relation to any suspended sentence order which is made by the Crown
40
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, the reference in sub-paragraph (1) to a justice of the peace is to be read
as a reference to the Crown Court.

Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 2 — Breach of community requirement or conviction of further offence
275

Issue of summons or warrant by justice of the peace
6     (1)
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
5
community requirements of the order is to be dealt with by a
magistrates’ court.
      (2)
If at any time while a suspended sentence order to which this paragraph
applies is in force it appears on information to a justice of the peace acting
for the petty sessions area concerned that the offender has failed to comply
10
with any of the community requirements of the order, the justice may—
(a)
issue a summons requiring the offender to appear at the place and
time specified in it, or
(b)
if the information is in writing and on oath, issue a warrant for his
arrest.
15
      (3)
Any summons or warrant issued under this paragraph must direct the
offender to appear or be brought—
(a)
in the case of a suspended sentence order which is subject to review,
before the court responsible for the order,
(b)
in any other case, before a magistrates’ court acting for the petty
20
sessions area concerned.
      (4)
Where a summons issued under sub-paragraph (2)(a) requires the offender
to appear before a magistrates’ court and the offender does not appear in
answer to the summons, the magistrates’ court may issue a warrant for the
arrest of the offender.
25
Issue of summons or warrant by Crown Court
7     (1)
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.
30
      (2)
If at any time while a suspended sentence order to which this paragraph
applies is in force it appears on information to the Crown Court that the
offender has failed to comply with any of the community requirements of
the order, the Crown Court may—
(a)
issue a summons requiring the offender to appear at the place and
35
time specified in it, or
(b)
if the information is in writing and on oath, issue a warrant for his
arrest.
      (3)
Any summons or warrant issued under this paragraph must direct the
offender to appear or be brought before the Crown Court.
40
      (4)
Where a summons issued under sub-paragraph (1)(a) requires the offender
to appear before the Crown Court and the offender does not appear in
answer to the summons, the Crown Court may issue a warrant for the arrest
of the offender.

Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 2 — Breach of community requirement or conviction of further offence
276

Powers of court on breach of community requirement or conviction of further offence
8     (1)
This paragraph applies where—
(a)
it is proved to the satisfaction of a court before which an offender
appears or is brought under paragraph 6 or 7 or by virtue of section
164(6) that he has failed without reasonable excuse to comply with
5
any of the community requirements of the suspended sentence
order, or
(b)
an offender is convicted of an offence committed during the
operational period of a suspended sentence (other than one which
has already taken effect) and either—
10
(i)
he is so convicted by or before a court having power under
paragraph 11 to deal with him in respect of the suspended
sentence, or
(ii)
he subsequently appears or is brought before such a court.
      (2)
The court must consider his case and deal with him in one of the following
15
ways—
(a)
the court may order that the suspended sentence is to take effect with
its original term and custodial period unaltered,
(b)
the court may order that the sentence is to take effect with either or
both of the following modifications—
20
(i)
the substitution for the original term of a lesser term
complying with section 153(2), and
(ii)
the substitution for the original custodial period of a lesser
custodial period complying with section 153(5) and (6),
(c)
the court may amend the order by doing any one or more of the
25
following—
(i)
imposing more onerous community requirements which the
court could include if it were then making the order,
(ii)
subject to subsections (3) and (4) of section 161, extending the
supervision period, or
30
(iii)
subject to subsection (3) of that section, extending the
operational period.
      (3)
The court must make an order under sub-paragraph (2)(a) or (b) unless it is
of the opinion that it would be unjust to do so in view of all the
circumstances, including the matters mentioned in sub-paragraph (4); and
35
where it is of that opinion the court must state its reasons.
      (4)
The matters referred to in sub-paragraph (3) are—
(a)
the extent to which the offender has complied with the community
requirements of the suspended sentence order, and
(b)
in a case falling within sub-paragraph (1)(b), the facts of the
40
subsequent offence.
      (5)
Where a court deals with an offender under sub-paragraph (2) in respect of
a suspended sentence, the appropriate officer of the court must notify the
appropriate officer of the court which passed the sentence of the method
adopted.
45
      (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