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Criminal Justice Bill


Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 3 — Amendment of suspended sentence order

    264

 

          (6)      In this paragraph “the appropriate court” has the same meaning as in

paragraph 13.

Amendment of treatment requirements on report of practitioner

  16      (1)      Where the medical practitioner or other person by whom or under whose

direction an offender is, in pursuance of any requirement to which this sub-

5

paragraph applies, being treated for his mental condition or his dependency

on or propensity to misuse drugs or alcohol—

              (a)             is of the opinion mentioned in sub-paragraph (3), or

              (b)             is for any reason unwilling to continue to treat or direct the treatment

of the offender,

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                            he must make a report in writing to that effect to the responsible officer and

that officer must apply under paragraph 15 to the appropriate court for the

variation or cancellation of the requirement.

          (2)      The requirements to which sub-paragraph (1) applies are—

              (a)             a mental health treatment requirement,

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              (b)             a drug rehabilitation requirement, and

              (c)             an alcohol treatment requirement.

          (3)      The opinion referred to in sub-paragraph (1) is—

              (a)             that the treatment of the offender should be continued beyond the

period specified in that behalf in the order,

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              (b)             that the offender needs different treatment,

              (c)             that the offender is not susceptible to treatment, or

              (d)             that the offender does not require further treatment.

          (4)      In this paragraph “the appropriate court” has the same meaning as in

paragraph 13.

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Amendment in relation to review of drug rehabilitation requirement

  17       Where the responsible officer is of the opinion that a suspended sentence

order imposing a drug rehabilitation requirement which is subject to review

should be so amended as to provide for each periodic review (required by

section 193) to be made without a hearing instead of at a review hearing, or

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vice versa, he must apply under paragraph 14 to the court responsible for the

order for the variation of the order.

Extension of unpaid work requirement

  18      (1)      Where—

              (a)             a suspended sentence order imposing an unpaid work requirement

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is in force in respect of the offender, and

              (b)             on the application of the offender or the responsible officer, it

appears to the appropriate court that it would be in the interests of

justice to do so having regard to circumstances which have arisen

since the order was made,

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                   the court may, in relation to the order, extend the period of twelve months

specified in section 182(2).

          (2)               In this paragraph “the appropriate court” has the same meaning as in

paragraph 13.

 

 

Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 3 — Amendment of suspended sentence order

    265

 

Supplementary

  19      (1)      No application may be made under paragraph 13, 15 or 18, and no order

may be made under paragraph 14, while an appeal against the suspended

sentence is pending.

          (2)      Sub-paragraph (1) does not apply to an application under paragraph 15

5

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.

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

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under paragraph 15, 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 community

requirement of a suspended sentence order.

  21       Paragraphs 8(2)(c) and 15(1)(b) have effect subject to the provisions

mentioned in subsection (2) of section 172, and to subsections (3) and (5) of

that section.

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  22      (1)      On the making under this Schedule of an order amending a suspended

sentence order, the proper officer of the court must—

              (a)             provide copies of the amending order to the offender and the

responsible officer,

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

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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

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

requirement specified in the first column of Schedule 13, provide a

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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.

          (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,

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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.

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

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

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court; and

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

 

 

Criminal Justice Bill
Schedule 12 — Transfer of suspended sentence orders to Scotland or Northern Ireland
Part 1 — Scotland

    266

 

Schedule 12

Section 176

 

Transfer of suspended sentence orders to Scotland or Northern Ireland

Part 1

Scotland

  1       (1)      Where the court considering the making of a suspended sentence order is

5

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

order comes into force, the court may not make a suspended sentence 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-

paragraph (2), that arrangements exist for persons to comply with

10

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

under those arrangements, and

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

15

made by the local authority in whose area he resides, or will be

residing when the order comes into force.

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

              (a)             an unpaid work requirement,

              (b)             an activity requirement,

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              (c)             a programme requirement,

              (d)             a mental health treatment requirement,

              (e)             a drug rehabilitation requirement,

              (f)             an alcohol treatment requirement, and

              (g)             an electronic monitoring requirement.

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          (3)      Where—

              (a)             the appropriate court for the purposes of paragraph 14 of Schedule

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

offender in respect of whom a suspended sentence order is in force

proposes to reside or is residing in Scotland, and

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

(b) are satisfied,

                   the power of the court to amend the order under Part 3 of Schedule 11

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

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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)      The court may not by virtue of sub-paragraph (1) or (3) require an

40

attendance centre requirement to be complied with in Scotland.

          (6)      The court may not provide for an order made in accordance with this

paragraph to be subject to review under section 173 or 192; and where an

order which is subject to review under either of those sections is amended in

accordance with this paragraph, the order shall cease to be so subject.

45

 

 

Criminal Justice Bill
Schedule 12 — Transfer of suspended sentence orders to Scotland or Northern Ireland
Part 1 — Scotland

    267

 

  2        A suspended sentence order made or amended in accordance with

paragraph 1 must—

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

be residing when the order or amendment comes into force, and

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

5

who will be responsible for discharging in 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.

  3       (1)      Where a court makes or amends a suspended sentence order in accordance

10

with paragraph 1, the court must provide the relevant documents to—

              (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 (provision of copies

15

of relevant orders) do not apply in relation to an order so made or 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

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assistance.

  4       (1)      In relation to the making or amendment of a suspended sentence order in

accordance with paragraph 1, and (except for the purposes of paragraph 20)

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

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 officer

appointed or assigned under paragraph 2(b).

          (3)               The following provisions are omitted—

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

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

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

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

area).

          (4)      In section 189 (mental health treatment requirement), for subsection (2)(a)

there is substituted—

35

                    “(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

meaning of that Act;”.

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

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words from “and” onwards are omitted.

  5        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.

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Criminal Justice Bill
Schedule 12 — Transfer of suspended sentence orders to Scotland or Northern Ireland
Part 2 — Northern Ireland

    268

 

Part 2

Northern Ireland

  6       (1)      Where the court considering the making of a suspended sentence 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 suspended

5

sentence 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-

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

10

comes into force, 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 his supervision can be

made by the Probation Board for Northern Ireland.

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

15

              (a)             an unpaid work requirement,

              (b)             an activity requirement,

              (c)             a programme requirement,

              (d)             a mental health treatment requirement,

              (e)             a drug rehabilitation requirement,

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              (f)             an alcohol treatment requirement,

              (g)             an attendance centre requirement, and

              (h)             an electronic monitoring requirement.

          (3)      Where—

              (a)             the appropriate court for the purposes of paragraph 14 of Schedule

25

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

offender in respect of whom a suspended sentence order is in force

proposes to reside or is residing in Northern Ireland, and

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

and (b) are satisfied,

30

                   the power of the court to amend the order under Part 3 of Schedule 11

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

arrangements referred to in sub-paragraph (1)(b).

          (4)      For the purposes of sub-paragraph (3), any reference in sub-paragraph (1)(a)

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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 provide for an order made in accordance with this

paragraph to be subject to review under section 173 or 192; and where an

order which is subject to review under either of those sections is amended in

40

accordance with this paragraph, the order shall cease to be so subject.

  7        A suspended sentence order made or amended in accordance with

paragraph 6 must—

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

offender resides or will be residing when the order or amendment

45

comes into force, and

 

 

Criminal Justice Bill
Schedule 12 — Transfer of suspended sentence orders to Scotland or Northern Ireland
Part 2 — Northern Ireland

    269

 

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

assign a probation officer who will be responsible for discharging in

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

5

relation to an order so made or amended.

  8       (1)      Where a court makes or amends a suspended sentence order in accordance

with paragraph 6, 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

10

district in which the offender resides or proposes to reside;

                   and paragraphs (b) to (d) of subsection (1) of section 201 (provision of copies

of relevant orders) do not apply in relation to an order so made or amended.

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

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

15

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

court making or amending the order considers likely to be of

assistance.

  9       (1)      In relation to the making or amendment of a suspended sentence order in

accordance with paragraph 6, and (except for the purposes of paragraph 20)

20

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

probation officer appointed or assigned under paragraph 7(b).

          (3)               The following provisions are omitted—

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

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

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

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

area).

30

          (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

within the meaning of the Health and Personal Social

35

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. 24));”.

40

          (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

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

Order 1996.

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

45

words from “and” onwards are omitted.

 

 

Criminal Justice Bill
Schedule 12 — Transfer of suspended sentence orders to Scotland or Northern Ireland
Part 3 — General provisions: breach or amendment

    270

 

Part 3

General provisions: breach or amendment

  10       This Part of this Schedule applies at any time while a suspended sentence

order made or amended in accordance with paragraph 1 or 6 is in force in

respect of an offender.

5

  11       In this Part of this Schedule—

                    “home court” means—

                    (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 the offender resides or proposes to reside,

10

and

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

the relevant time, the court of summary jurisdiction acting for

the petty sessions district in which he resides or proposes to

reside;

15

                    “local authority” and “local authority area” are to be read in accordance

with paragraph 5;

                    “original court” means the court in England and Wales which made or

last amended the order;

                    “the relevant officer” means—

20

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

the local authority officer appointed or assigned under

paragraph 2(b), and

                    (b)                   where the court specifies a petty sessions district in Northern

Ireland, the probation officer appointed or assigned under

25

paragraph 7(b);

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

to it comes into force.

  12      (1)      Where this Part of this Schedule applies, Schedule 11 has effect subject to the

following modifications.

30

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

relevant officer.

          (3)      Any reference to a magistrates’ court acting for the petty sessions area

concerned has effect as a reference to a magistrates’ court acting for the same

petty sessions area as the original court; and any reference to a justice of the

35

peace acting for the petty sessions area concerned has effect as a reference to

a justice of the peace acting for the same petty sessions area as that court.

          (4)      Any reference to the appropriate court has effect as a reference to the

original court.

          (5)      In paragraphs 4 and 5, any reference to causing an information to be laid

40

before a justice of the peace has effect—

              (a)             if the home court is in Scotland, as a reference to providing

information to the home court with a view to it issuing a citation, and

              (b)             if the home court is in Northern Ireland, as a reference to making a

complaint to a justice of the peace in Northern Ireland.

45

          (6)      In paragraph 14—

              (a)             if the home court is in Scotland—

 

 

 
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