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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

    253

 

  12      (1)      Where a court makes a custody plus order in accordance with paragraph 9

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

with paragraph 10, the court must provide the relevant documents to—

              (a)             the Probation Board for Northern Ireland, and

              (b)             the court of summary jurisdiction acting for the petty sessions

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district 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

amended.

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

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              (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

assistance.

  13      (1)      In relation to the making of a custody plus order by virtue of paragraph 9, in

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

order by virtue of paragraph 10, and (except for the purposes of paragraph

22) in relation to an order so made or amended, 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

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probation officer appointed or assigned under paragraph 11(b).

          (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 200 (availability of arrangements in local

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area).

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

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

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

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

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

words from “and” onwards are omitted.

Part 4

General provisions

  14         This Part of this Schedule applies at any time while a custody plus order

35

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                In this Part of this Schedule—

                    “home court” means—

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                    (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

reside, and

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

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during the licence period, the court of summary jurisdiction

 

 

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

    254

 

acting for the petty sessions district in which he resides or

proposes to reside;

                    “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

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last amended the custody plus order or intermittent custody order;

                    “the relevant officer” means—

                    (a)                   where the order specifies a local authority area in Scotland,

the local authority officer appointed or assigned under

paragraph 5(b), and

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                    (b)                   where the order specifies a local authority district in

Northern Ireland, the probation officer appointed or

assigned under paragraph 11(b).

  16      (1)      Where this Part of this Schedule applies, Schedule 9 has effect subject to the

following modifications.

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

relevant officer.

          (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—

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              (a)             any reference to the petty sessions area concerned has effect as a

reference to that local authority area, and

              (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—

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              (a)             any reference to the petty sessions area concerned has effect as a

reference to that petty sessions district, and

              (b)             any other reference to a petty sessions area has effect as a reference

to a petty sessions district.

          (6)      Paragraph 9 is omitted.

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  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

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

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application of the offender, the court—

              (a)             if it is in Scotland—

                    (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

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warrant for the offender’s arrest;

              (b)             if it is in Northern Ireland—

                    (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

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warrant for the offender’s arrest;

                   and paragraph 8 of Schedule 9 does not apply to the home court.

 

 

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

    255

 

          (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

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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.

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  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

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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.

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  21                On the making of an order amending a custody plus order or intermittent

custody order—

              (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

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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

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—

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              (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

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

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              (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

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,

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amend the custody plus order or intermittent custody order by requiring it

to be complied with in England and Wales.

          (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

45

under this paragraph, the court must make an amending order under this

paragraph.

          (4)      Where under this paragraph the court amends a custody plus order or

intermittent custody order which contains requirements which, in the

 

 

Criminal Justice Bill
Schedule 10 — Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland
Part 5 — Supplementary

    256

 

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—

              (a)             cancel those requirements, or

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

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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

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

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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

or proposes to reside in the licence period.

          (7)      On the making under this paragraph of an order amending a custody plus

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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

sessions area, and

              (b)             provide the magistrates’ court acting for that area with a copy of the

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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

the order.

          (8)      Where an order has been amended under this paragraph, the preceding

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paragraphs of this Schedule shall cease to apply to the order as amended.

Part 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

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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

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

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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

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

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in England and Wales or Scotland.

 

 

 
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Revised 17 October 2003