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Criminal Justice Bill


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

    246

 

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

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

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

5

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

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

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requirement to be imposed, or

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

court that the conditions in paragraph 3(1)(a) and (b) are satisfied in

relation to any requirement to be imposed.

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

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

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 a court in England and Wales—

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

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

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

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

order.

Schedule 9

Section 169

 

Revocation or amendment of custody plus orders and amendment of

intermittent custody orders

30

Interpretation

  1       (1)      In this Schedule—

               “the appropriate court” means—

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

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

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                     (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

made;

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               “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 179.

 

 

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

    247

 

          (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

5

  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

10

  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 165(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.

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

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

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

concerned to another petty sessions area.

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

application of the Secretary of State or the responsible officer must, amend

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the custody plus order or intermittent custody order by substituting the

other petty sessions area for the area specified in the order.

          (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

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

either—

              (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.

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

intermittent custody order imposing a programme requirement unless it

appears to the court that the accredited programme specified in the

requirement is available in the other petty sessions area.

 

 

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

    248

 

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

application of the offender, the Secretary of State or the responsible officer,

by order amend any requirement of the custody plus order or intermittent

5

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

making the order.

10

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

              (a)             a requirement falling within any paragraph of section 164(1) is of the

same kind as any other requirement falling within that paragraph,

and

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

15

kind as any requirement falling within section 164(1) to which it

relates.

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

subsection (2) of section 164, and to subsections (3) and (5) of that section.

Alteration of pattern of temporary release

20

  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, the Secretary of State or the responsible officer, amend the order—

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

165(1)(b)(i), or

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              (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

30

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

166(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

40

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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Criminal Justice Bill
Schedule 10 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 2 — Scotland

    249

 

          (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—

5

              (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

10

                    (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 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

15

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

20

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

Schedule 10

Section 170

 

Transfer of custody plus orders and intermittent custody orders to Scotland

or Northern Ireland

Part 1

25

Introductory

  1                 In this Schedule—

              (a)             “the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43), and

              (b)              any reference to a requirement being imposed by, or included in a

custody plus order or intermittent custody order is a reference to

30

compliance with the requirement being required by the order to be a

condition of a licence.

Part 2

Scotland

  2       (1)      Where the court making a custody plus order is satisfied that the offender

35

resides in Scotland, or will reside there during the licence period, the court

may, subject to sub-paragraph (2), impose requirements that are to be

complied with in Scotland and require the offender’s compliance with the

order to be supervised in accordance with arrangements made by the local

authority in Scotland in whose area he resides or will reside.

40

          (2)      The court may not make an order by virtue of this paragraph unless it

appears to the court—

 

 

Criminal Justice Bill
Schedule 10 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 2 — Scotland

    250

 

              (a)             in the case of an order imposing a requirement mentioned in sub-

paragraph (3), 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 during the licence period, 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 supervising his

compliance with the order can be made by the local authority in

whose area he resides, or will be residing during the licence period.

          (3)      The requirements referred to in sub-paragraph (2)(a) are—

10

              (a)             an unpaid work requirement,

              (b)             an activity requirement,

              (c)             a programme requirement, and

              (d)             an electronic monitoring requirement.

          (4)      If an order has been made in accordance with this paragraph in relation to

15

an offender but—

              (a)             the Secretary of State decides not to make an order under paragraph

1 or 4 of Schedule 1 to the 1997 Act in relation to him, and

              (b)             the offender has not applied under paragraph 22 of this Schedule for

the amendment of the custody plus order or intermittent custody

20

order,

                   the Secretary of State must apply to the court under paragraph 22 of this

Schedule for the amendment of the order.

  3                 Where—

              (a)             the appropriate court for the purposes of paragraph 4 of Schedule 9

25

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

offender in respect of whom a custody plus order or intermittent

custody order is in force is residing in Scotland, or proposes to reside

there during the licence period,

              (b)             the Secretary of State has made, or has indicated his willingness to

30

make, an order under paragraph 1 or 4 of Schedule 1 to the 1997 Act

in relation to the offender, and

              (c)             it appears to the court that the conditions in paragraph 2(2)(a) and (b)

are satisfied,

           the power of the court to amend the order under Schedule 9 includes power

35

to amend it by requiring the requirements included in the order to be

complied with in Scotland and the offender’s compliance with them to be

supervised in accordance with the arrangements referred to in paragraph

2(2)(b).

  4                 A court may not by virtue of paragraph 2 or 3 require an attendance centre

40

requirement to be complied with in Scotland.

  5                 A custody plus order made in accordance with paragraph 2 or a custody

plus order or intermittent order amended in accordance with paragraph 3

must—

              (a)             specify the local authority area in which the offender resides or will

45

reside during the licence period, and

              (b)             require the local authority for that area to appoint or assign an officer

who will be responsible for discharging in relation to him the

functions conferred on responsible officers by Part 11 of this Act;

 

 

Criminal Justice Bill
Schedule 10 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 3 — Northern Ireland

    251

 

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

relation to an order so made or amended.

  6       (1)      Where a court makes a custody plus order in accordance with paragraph 2

or amends a custody plus order or intermittent custody order in accordance

with paragraph 3, the court must provide the relevant documents to—

5

              (a)             the local authority for the area specified in the order, and

              (b)             the sheriff court having jurisdiction in the locality in which the

offender resides or proposes to reside;

                   and paragraphs (b) to (d) of subsection (1) of section 201 (which relate to the

provision of copies) do not apply in relation to an order so made or

10

amended.

          (2)      In this paragraph, “the relevant documents” means—

              (a)             a copy of the order as made or amended, and

              (b)             such other documents and information relating to the case as the

court making or amending the order considers likely to be of

15

assistance.

  7       (1)      In relation to the making of a custody plus order by virtue of paragraph 2, in

relation to the amendment of a custody plus order or intermittent custody

order by virtue of paragraph 3, and (except for the purposes of paragraph

22) in relation to an order so made or amended, Chapter 4 of Part 11 of this

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Act has effect subject to the following modifications.

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

appointed or assigned under paragraph 5(b).

          (3)      The following provisions are omitted—

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

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

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

area).

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

words from “and” onwards are omitted.

30

  8        In this Part of this Schedule “local authority” means a council constituted

under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39); and

any reference to the area of such an authority is a reference to the local

government area within the meaning of that Act.

Part 3

35

Northern Ireland

  9       (1)      Where the court making a custody plus order is satisfied that the offender

resides in Northern Ireland, or will reside there during the licence period,

the court may, subject to sub-paragraph (2), impose requirements that are to

be complied with in Northern Ireland and require the offender’s compliance

40

with the order to be supervised in accordance with arrangements made by

the Probation Board for Northern Ireland.

          (2)      The court may not make an order by virtue of this paragraph unless it

appears to the court—

              (a)             in the case of an order imposing a requirement mentioned in sub-

45

paragraph (3), that arrangements exist for persons to comply with

 

 

Criminal Justice Bill
Schedule 10 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 3 — Northern Ireland

    252

 

such a requirement in the petty sessions district in Northern Ireland

in which the offender resides, or will be residing during the licence

period, and that provision can be made for him to comply with the

requirement under those arrangements, and

              (b)             in any case, that suitable arrangements for supervising his

5

compliance with the order can be made by the Probation Board for

Northern Ireland.

          (3)      The requirements referred to in sub-paragraph (1)(a) are—

              (a)             an unpaid work requirement,

              (b)             an activity requirement,

10

              (c)             a programme requirement,

              (d)             an attendance centre requirement, and

              (e)             an electronic monitoring requirement.

          (4)      If an order has been made in accordance with this paragraph in relation to

an offender but—

15

              (a)             the Secretary of State decides not to make an order under paragraph

1 or 4 of Schedule 1 to the 1997 Act in relation to him, and

              (b)             the offender has not applied under paragraph 22 of this Schedule for

the amendment of the custody plus order or intermittent custody

order,

20

                   the Secretary of State must apply to the court under paragraph 22 for the

amendment of the order.

  10                Where—

              (a)             the appropriate court for the purposes of paragraph 4 of Schedule 9

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

25

offender in respect of whom a custody plus order or intermittent

custody order is in force is residing in Northern Ireland, or proposes

to reside there during the licence period,

              (b)             the Secretary of State has made, or has indicated his willingness to

make, an order under paragraph 1 or 4 of Schedule 1 to the 1997 Act

30

in relation to the offender, and

              (c)             it appears to the court that the conditions in paragraph 9(2)(a) and (b)

are satisfied,

           the power of the court to amend the order under Schedule 9 includes power

to amend it by requiring the requirements included in the order to be

35

complied with in Northern Ireland and the offender’s compliance with them

to be supervised in accordance with the arrangements referred to in

paragraph 9(2)(b).

  11                A custody plus order made in accordance with paragraph 9 or a custody

plus order or intermittent custody order amended in accordance with

40

paragraph 10 must—

              (a)             specify the petty sessions district in Northern Ireland in which the

offender resides or will reside during the licence period, and

              (b)             require the Probation Board for Northern Ireland to appoint or

assign a probation officer who will be responsible for discharging in

45

relation to him the functions conferred on responsible officers by

Part 11 of this Act;

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

relation to an order so made or amended.

 

 

 
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