|
| |
|
(b) | subsection (7) of section 174 (programme requirement); |
| |
(c) | subsection (4) of section 190 (availability of arrangements in local |
| |
| |
(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. |
| |
| 10 |
| |
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— |
| |
| |
(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 |
| |
(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 |
| |
| 25 |
| “local authority” and “local authority area” are to be read in accordance |
| |
| |
| “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 |
| |
| |
(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 |
| |
| |
(2) | Any reference to the responsible officer has effect as a reference to the |
| |
| 40 |
(3) | Any reference to the appropriate court has effect as a reference to the |
| |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 45 |
21 | On the making of an order amending a custody plus order or intermittent |
| |
| |
|
| |
|
| |
|
(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. |
| |
| |
(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 |
| |
| |
| 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 |
| |
| 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 |
| |
(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 |
| |
|
| |
|
| |
|
court acting for that area in the exercise of its functions in relation to |
| |
| |
(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. |
| |
| 5 |
| |
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. |
| |
| 20 |
| |
Breach or amendment of suspended sentence order, and effect of further |
| |
| |
| |
| |
| 25 |
| |
| “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 responsible officer” has the meaning given by section 169. |
| |
| |
(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 |
|
| |
|
| |
|
| |
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. |
| |
| |
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 |
| |
| 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 |
| |
| 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. |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(b) | if the information is in writing and on oath, issue a warrant for his |
| |
| 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 |
| |
(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 |
| |
| 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’ |
| |
| 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 |
| |
(b) | if the information is in writing and on oath, issue a warrant for his |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| 30 |
(iii) | subject to subsection (3) of that section, extending the |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
|
| |
|