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Criminal Justice Bill


Criminal Justice Bill
Schedule 8 — Transfer of community orders to Scotland or Northern Ireland
Part 3 — General provisions

    237

 

  11       If at any time while legislation relating to corresponding orders which has

effect in Scotland or Northern Ireland applies by virtue of paragraph 7 to a

community order made in England and Wales—

              (a)             it appears to the home court—

                    (i)                   if that court is in Scotland, on information from the local

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authority officer concerned, or

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

made to a justice of the peace acting for the petty sessions

district for the time being specified in the order,

                              that the offender has failed to comply with any of the requirements

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of the order, or

              (b)             it appears to the home court—

                    (i)                   if that court is in Scotland, on the application of the offender

or of the local authority officer concerned, or

                    (ii)                  if it is in Northern Ireland, on the application of the offender

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or of the probation officer concerned,

                              that it would be in the interests of justice for a power conferred by

paragraph 13 or 14 of Schedule 7 to be exercised,

           the home court may require the offender to appear before the court which

made the order or the court which last amended the order in England and

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Wales.

  12       Where an offender is required by virtue of paragraph 11 to appear before the

court which made the community order, that court—

              (a)             may issue a warrant for his arrest, and

              (b)             may exercise any power which it could exercise in respect of the

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community order if the offender resided in England and Wales,

           and any enactment relating to the exercise of such powers has effect

accordingly, and with any reference to the responsible officer being read as

a reference to the local authority officer or probation officer concerned.

  13       Paragraph 12(b) does not enable the court to amend the community order

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unless—

              (a)             where the offender resides in Scotland, it appears to the court that the

conditions in paragraph 1(1)(a) and (b) are satisfied in relation to any

requirement to be imposed, or

              (b)             where the offender resides in Northern Ireland, it appears to the

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court that arrangements can be made by the Probation Board for

Northern Ireland for him to comply with any requirement to be

imposed.

  14       The preceding paragraphs of this Schedule have effect in relation to the

amendment of a community order by virtue of paragraph 12(b) as they have

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effect in relation to the amendment of such an order by virtue of paragraph

1(3) or 3(3).

  15       Where an offender is required by virtue of paragraph (a) of paragraph 11 to

appear before the court which made the community order—

              (a)             the home court must send to that court a certificate certifying that the

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offender has failed to comply with such of the requirements of the

order as may be specified in the certificate, together with such other

particulars of the case as may be desirable, and

 

 

Criminal Justice Bill
Schedule 9 — Revocation or amendment of custody plus orders and amendment of intermittent custody orders

    238

 

              (b)             a certificate purporting to be signed by the clerk of the home court is

admissible as evidence of the failure before the court which made the

order.

Schedule 9

Section 180

 

Revocation or amendment of custody plus orders and amendment of

5

intermittent custody orders

Interpretation

  1       (1)      In this Schedule—

               “the appropriate court” means—

                     (a)                    where the custody plus order or intermittent custody order

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was made by the Crown Court, the Crown Court, and

                     (b)                    in any other case, a magistrates’ court acting for the petty

sessions area concerned;

               “the offender”, in relation to a custody plus order or intermittent

custody order, means the person in respect of whom the order is

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made;

               “the petty sessions area concerned”, in relation to a custody plus order

or intermittent custody order, means the petty sessions area for the

time being specified in the order;

               “the responsible officer” has the meaning given by section 188.

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          (2)      In this Schedule any reference to a requirement being imposed by, or

included in, a custody plus order or intermittent custody order is to be read

as a reference to compliance with the requirement being required by the

order to be a condition of a licence.

Orders made on appeal

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  2        Where a custody plus order or intermittent custody order has been made on

appeal, it is to be taken for the purposes of this Schedule to have been made

by the Crown Court.

Revocation of custody plus order or removal from intermittent custody order of requirements

as to licence conditions

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  3       (1)      Where at any time while a custody plus order or intermittent custody order

is in force, it appears to the appropriate court on the application of the

offender or the responsible officer that, having regard to circumstances

which have arisen since the order was made, it would be in the interests of

justice to do so, the court may—

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              (a)             in the case of a custody plus order, revoke the order, and

              (b)             in the case of an intermittent custody order, amend the order so that

it contains only provision specifying periods for the purposes of

section 176(1)(b)(i).

          (2)      The revocation under this paragraph of a custody plus order does not affect

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the sentence of imprisonment to which the order relates, except in relation

to the conditions of the licence.

 

 

Criminal Justice Bill
Schedule 9 — Revocation or amendment of custody plus orders and amendment of intermittent custody orders

    239

 

Amendment by reason of change of residence

  4       (1)      This paragraph applies where, at any time during the term of imprisonment

to which a custody plus order or intermittent custody order relates, the

appropriate court is satisfied that the offender proposes to change, or has

changed, his residence during the licence period from the petty sessions area

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concerned to another petty sessions area.

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

application of the responsible officer must, amend the custody plus order or

intermittent custody order by substituting the other petty sessions area for

the area specified in the order.

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          (3)      The court may not amend under this paragraph a custody plus order or

intermittent custody order which contains requirements which, in the

opinion of the court, cannot be complied with unless the offender resides in

the petty sessions area concerned unless, in accordance with paragraph 5, it

either—

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              (a)             cancels those requirements, or

              (b)             substitutes for those requirements other requirements which can be

complied with if the offender does not reside in that area.

          (4)      The court may not amend under this paragraph any custody plus order or

intermittent custody order imposing a programme requirement unless it

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appears to the court that the accredited programme specified in the

requirement is available in the other petty sessions area.

Amendment of requirements of custody plus order or intermittent custody order

  5       (1)      At any time during the term of imprisonment to which a custody plus order

or intermittent custody order relates, the appropriate court may, on the

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application of the offender or the responsible officer, by order amend any

requirement of the custody plus order or intermittent custody order—

              (a)             by cancelling the requirement, or

              (b)             by replacing it with a requirement of the same kind imposing

different obligations, which the court could include if it were then

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making the order.

          (2)      For the purposes of sub-paragraph (1)­­­­—

              (a)             a requirement falling within any paragraph of section 175(1) is of the

same kind as any other requirement falling within that paragraph,

and

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              (b)             an electronic monitoring requirement is a requirement of the same

kind as any requirement falling within section 175(1) to which it

relates.

          (3)      Sub-paragraph (1)(b) has effect subject to the provisions mentioned in

subsection (2) of section 175, and to subsections (3) and (5) of that section.

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Alteration of pattern of temporary release

  6       (1)      At any time during the term of imprisonment to which an intermittent

custody order relates, the appropriate court may, on the application of the

offender or the responsible officer, amend the order—

              (a)             so as to specify different periods for the purposes of section

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176(1)(b)(i), or

 

 

Criminal Justice Bill
Schedule 9 — Revocation or amendment of custody plus orders and amendment of intermittent custody orders

    240

 

              (b)                             so as to provide that he is to remain in prison until the number of

days served by him in prison is equal to the number of custodial

days.

          (2)      The appropriate court may not by virtue of sub-paragraph (1) amend an

intermittent custody order unless it has received from the Secretary of State

5

notification that suitable prison accommodation is available for the offender

during the periods which, under the order as amended, will be custodial

periods.

          (3)      In this paragraph “custodial period” has the same meaning as in section

177(3).

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Supplementary

  7        No application may be made under paragraph 3(1), 5(1) or 6(1) while an

appeal against the sentence of which the custody plus or intermittent

custody order forms part is pending.

  8       (1)      Subject to sub-paragraph (2), where a court proposes to exercise its powers

15

under paragraph 5 or 6, otherwise than on the application of the offender,

the court—

              (a)             must summon him to appear before the court, and

              (b)             if he does not appear in answer to the summons, may issue a warrant

for his arrest.

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          (2)      This paragraph does not apply to an order cancelling any requirement of a

custody plus or intermittent custody order.

  9       (1)      On the making under this Schedule of an order revoking or amending a

custody plus order or amending an intermittent custody order, the proper

officer of the court must—

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              (a)             provide copies of the revoking or amending order to the offender

and the responsible officer,

              (b)             in the case of an amending order which substitutes a new petty

sessions area, provide a copy of the amending order to—

                    (i)                   the local probation board acting for that area, and

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                    (ii)                  the magistrates’ court acting for that area,

              (c)             in the case of an order which cancels or amends a requirement

specified in the first column of Schedule 11, provide a copy of so

much of the amending order as relates to that requirement to the

person specified in relation to that requirement in the second column

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of that Schedule.

          (2)      Where under sub-paragraph (1)(b) the proper officer of the court provides a

copy of an amending order to a magistrates’ court acting for a different area,

the officer must also provide to that court such documents and information

relating to the case as it considers likely to be of assistance to a court acting

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for that area in the exercise of its functions in relation to the order.

 

 

 
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Revised 23 May 2003