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Criminal Justice Bill


Criminal Justice Bill
Schedule 7 — Breach, revocation or amendment of community order
Part 6 — Supplementary

    239

 

          (3)      In dealing with an offender under sub-paragraph (2)(b), a magistrates’ court

must take into account the extent to which the offender has complied with

the requirements of the community order.

          (4)      A person sentenced under sub-paragraph (2)(b) for an offence may appeal

to the Crown Court against the sentence.

5

  22      (1)      Where an offender in respect of whom a community order made by the

Crown Court is in force is convicted of an offence by a magistrates’ court, the

magistrates’ court may commit the offender in custody or release him on

bail until he can be brought before the Crown Court.

          (2)      Where the magistrates’ court deals with an offender’s case under sub-

10

paragraph (1), it must send to the Crown Court such particulars of the case

as may be desirable.

Powers of Crown Court following subsequent conviction

  23      (1)      This paragraph applies where—

              (a)             an offender in respect of whom a community order is in force—

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                    (i)                   is convicted of an offence by the Crown Court, or

                    (ii)                  is brought or appears before the Crown Court by virtue of

paragraph 22 or having been committed by the magistrates’

court to the Crown Court for sentence, and

              (b)             it appears to the Crown Court that it would be in the interests of

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justice to exercise its powers under this paragraph, having regard to

circumstances which have arisen since the community order was

made.

          (2)      The Crown Court may—

              (a)             revoke the order, or

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              (b)             both—

                    (i)                   revoke the order, and

                    (ii)                  deal with the offender, for the offence in respect of which the

order was made, in any way in which he could have been

dealt with for that offence by the court which made the order

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if the order had not been made.

          (3)      In dealing with an offender under sub-paragraph (2)(b), the Crown Court

must take into account the extent to which the offender has complied with

the requirements of the community order.

Part 6

35

Supplementary

  24      (1)      No order may be made under paragraph 16, and no application may be

made under paragraph 13, 17 or 20 while an appeal against the community

order is pending.

          (2)      Sub-paragraph (1) does not apply to an application under paragraph 17

40

which—

              (a)             relates to a mental health treatment requirement, a drug

rehabilitation requirement or an alcohol treatment requirement, and

              (b)             is made by the responsible officer with the consent of the offender.

 

 

Criminal Justice Bill
Schedule 8 — Transfer of community orders to Scotland or Northern Ireland
Part 1 — Scotland

    240

 

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

under Part 4 or 5 of this Schedule, 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

5

for his arrest.

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

community order or reducing the period of any requirement, or substituting

a new petty sessions area or a new place for the one specified in the order.

  26       Paragraphs 9(1)(a), 10(1)(a) and 17(1)(b) have effect subject to the provisions

10

mentioned in subsection (2) of section 159, and to subsections (3) and (6) of

that section.

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

community order, the proper officer of the court must—

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

15

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

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

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              (c)             in the case of an amending order which imposes or amends a

requirement specified in the first column of Schedule 13, 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 of that Schedule.

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          (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

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

30

          (3)      In this paragraph “proper officer” means—

              (a)             in relation to a magistrates’ court, the justices’ chief executive for the

court; and

              (b)             in relation to the Crown Court, the appropriate officer.

Schedule 8

35

Section 162

 

Transfer of community orders to Scotland or Northern Ireland

Part 1

Scotland

  1       (1)      Where the court considering the making of a community order is satisfied

that the offender resides in Scotland, or will reside there when the order

40

comes into force, the court may not make a community order in respect of

the offender unless it appears to the court—

 

 

Criminal Justice Bill
Schedule 8 — Transfer of community orders to Scotland or Northern Ireland
Part 1 — Scotland

    241

 

              (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

5

under those arrangements, and

              (b)             in any case, that suitable arrangements for his supervision can be

made by the council constituted under section 2 of the Local

Government etc. (Scotland) Act 1994 (c. 39) in whose area he resides,

or will be residing when the order comes into force.

10

          (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,

15

              (e)             a drug rehabilitation requirement,

              (f)             an alcohol treatment requirement, and

              (g)             an electronic monitoring requirement.

          (3)      Where—

              (a)             the appropriate court for the purposes of paragraph 16 of Schedule 7

20

(amendment by reason of change of residence) is satisfied that an

offender in respect of whom a community order is in force proposes

to reside or is residing in Scotland, and

              (b)             it appears to the court that the conditions in sub-paragraph (1)(a) and

(b) are satisfied,

25

                   the power of the court to amend the order under Part 4 of Schedule 7

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)

30

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)      A community order made or amended in accordance with this paragraph

35

must—

              (a)             specify the locality in Scotland in which the offender resides or will

be residing when the order or amendment comes into force;

              (b)             specify as the corresponding order for the purposes of this Schedule

an order that may be made by a court in Scotland;

40

              (c)             specify as the appropriate court for the purposes of subsection (4) of

section 228 of the Criminal Procedure (Scotland) Act 1995 (c. 46) a

court of summary jurisdiction (which, in the case of an offender

convicted on indictment, must be the sheriff court) having

jurisdiction in the locality specified under paragraph (a);

45

                   and section 198 (petty sessions area to be specified) does not apply in

relation to an order so made or amended.

 

 

Criminal Justice Bill
Schedule 8 — Transfer of community orders to Scotland or Northern Ireland
Part 2 — Northern Ireland

    242

 

  2       (1)      Where a court is considering the making or amendment of a community

order by virtue of paragraph 1, Chapter 4 of Part 11 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

of a council constituted under section 2 of the Local Government etc.

5

(Scotland) Act 1994 (c. 39) responsible for the offender’s supervision or, as

the case may be, discharging in relation to him the functions in respect of

community service orders assigned by sections 239 to 245 of the Criminal

Procedure (Scotland) Act 1995 (c. 46).

          (3)      The following provisions are omitted—

10

              (a)             subsection (7) of section 183 (activity requirement),

              (b)             subsection (7) of section 184 (programme requirement),

              (c)             subsection (4) of section 188 (residence requirement), and

              (d)             subsection (4) of section 200 (availability of arrangements in local

area).

15

          (4)      In section 189 (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

20

meaning of that Act;”.

          (5)               In section 197 (electronic monitoring requirement), in subsection (3), the

words from “and” onwards are omitted.

Part 2

Northern Ireland

25

  3       (1)      Where the court considering the making of a community 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 community 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-

30

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, and

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              (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) are—

              (a)             an unpaid work requirement,

              (b)             an activity requirement,

40

              (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

45

              (h)             an electronic monitoring requirement.

 

 

Criminal Justice Bill
Schedule 8 — Transfer of community orders to Scotland or Northern Ireland
Part 2 — Northern Ireland

    243

 

          (3)      Where—

              (a)             the appropriate court for the purposes of paragraph 16 of Schedule 7

(amendment by reason of change of residence) is satisfied that the

offender to whom a community order relates proposes to reside or is

residing in Northern Ireland, and

5

              (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 4 of Schedule 7

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

10

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)      A community order made or amended in accordance with this paragraph

15

must 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 section 198 (petty sessions area to be specified) does not apply

in relation to an order so made or amended.

          (6)      A community order made or amended in accordance with this paragraph

20

must also specify as the corresponding order for the purposes of this

Schedule an order that may be made by a court in Northern Ireland.

  4       (1)      Where a court is considering the making or amendment of a community

order by virtue of paragraph 3, Chapter 4 of Part 11 of this Act has effect

subject to the following modifications.

25

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

probation officer responsible for the offender’s supervision or, as the case

may be, discharging in relation to the offender the functions conferred by

Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160

(N.I. 24)).

30

          (3)      The following provisions are omitted—

              (a)             subsection (7) of section 183 (activity requirement),

              (b)             subsection (7) of section 184 (programme requirement),

              (c)             subsection (4) of section 188 (residence requirement), and

              (d)                             subsection (4) of section 200 (availability of arrangements in local

35

area).

          (4)      In section 189 (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

40

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.

45

24));”.

          (5)                        In section 196 (attendance centre requirement), any reference to an

attendance centre has effect as a reference to a day centre, as defined by

 

 

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

    244

 

paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland)

Order 1996 (S.I. 1996/3160 (N.I. 24)).

          (6)               In section 197 (electronic monitoring requirement), in subsection (3), the

words from “and” onwards are omitted.

Part 3

5

General provisions

  5        In this Part of this Schedule—

                    “corresponding order” means the order specified under paragraph

1(6)(b) or 3(6);

                    “home court” means—

10

                    (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 he resides or proposes to reside, and

                    (b)                   if he resides in Northern Ireland, or will be residing there at

the relevant time, the court of summary jurisdiction acting for

15

the petty sessions district in which he resides or proposes to

reside;

                    “the local authority officer concerned”, in relation to an offender, means

the officer of a council constituted under section 2 of the Local

Government etc. (Scotland) Act 1994 (c. 39) responsible for his

20

supervision or, as the case may be, discharging in relation to him the

functions in respect of community service orders assigned by

sections 239 to 245 of the Criminal Procedure (Scotland) Act 1995

(c. 46);

                    “the probation officer concerned”, in relation to an offender, means the

25

probation officer responsible for his supervision or, as the case may

be, discharging in relation to him the functions conferred by Part 2 of

the Criminal Justice (Northern Ireland) Order 1996;

                    “the relevant time” means the time when the order or the amendment

to it comes into force.

30

  6        Where a community order is made or amended in accordance with

paragraph 1 or 3, the court which makes or amends the order must provide

the home court with a copy of the order as made or amended, together with

such other documents and information relating to the case as it considers

likely to be of assistance to that court; and paragraphs (b) to (d) of subsection

35

(1) of section 201 (provision of copies of relevant orders) do not apply.

  7        In section 202 (duty of offender to keep in touch with responsible officer) the

reference to the responsible officer is to be read in accordance with

paragraph 2(2) or 4(2).

  8        Where a community order is made or amended in accordance with

40

paragraph 1 or 3, then, subject to the following provisions of this Part of this

Schedule—

              (a)             the order is to be treated as if it were a corresponding order made in

the part of the United Kingdom in which the offender resides, or will

be residing at the relevant time, and

45

              (b)             the legislation relating to such orders which has effect in that part of

the United Kingdom applies accordingly.

 

 

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

    245

 

  9        Before making or amending a community order in those circumstances the

court must explain to the offender in ordinary language—

              (a)             the requirements of the legislation relating to corresponding orders

which has effect in the part of the United Kingdom in which he

resides or will be residing at the relevant time,

5

              (b)             the powers of the home court under that legislation, as modified by

this Part of this Schedule, and

              (c)             its own powers under this Part of this Schedule.

  10       The home court may exercise in relation to the community order any power

which it could exercise in relation to the corresponding order made by a

10

court in the part of the United Kingdom in which the home court exercises

jurisdiction, by virtue of the legislation relating to such orders which has

effect in that part, except the following—

              (a)             any power to discharge or revoke the order (other than a power to

revoke the order where the offender has been convicted of a further

15

offence and the court has imposed a custodial sentence),

              (b)                             any power to deal with the offender for the offence in respect of

which the order was made,

              (c)             in the case of a community order imposing an unpaid work

requirement, any power to vary the order by substituting for the

20

number of hours of work specified in it any greater number than the

court which made the order could have specified, and

              (d)                             in the case of a community order imposing a curfew requirement,

any power to vary the order by substituting for the period specified

in it any longer period than the court which made the order could

25

have specified.

  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—

30

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

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,

35

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

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

40

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

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

45

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

Wales.

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

court in England and Wales that court—

 

 

 
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Revised 17 October 2003