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Criminal Justice Bill


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

    271

 

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

as a reference to the local authority area specified in the

order, and

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

reference to a local authority area, and

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              (b)             if the home court is in Northern Ireland—

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

as a reference to the petty sessions district specified in the

order, and

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

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reference to a petty sessions district.

          (7)      Paragraph 22 is omitted.

          (8)      No court in England and Wales may—

              (a)             exercise any power in relation to any failure by the offender to

comply with any community requirement of the order unless the

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offender has been required in accordance with paragraph 14(1)(b) or

(2)(a) of this Schedule to appear before that court;

              (b)             exercise any power under Part 3 of Schedule 11 unless the offender

has been required in accordance with paragraph 15(2) or 16 of this

Schedule to appear before that court.

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  13      (1)      Sub-paragraph (2) applies where it appears to the home court—

              (a)             if that court is in Scotland, on information from the relevant officer,

or

              (b)             if that court is in Northern Ireland, upon a complaint being made by

the relevant officer,

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                   that the offender has failed without reasonable excuse to comply with any of

the community requirements of the suspended sentence order.

          (2)      The home court may—

              (a)             if it is in Scotland—

                    (i)                   issue a citation requiring the offender to appear before it at

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the time specified in the citation, or

                    (ii)                  issue a warrant for the offender’s arrest;

              (b)             if it is in Northern Ireland—

                    (i)                   issue a summons requiring the offender to appear before it at

the time specified in the summons, or

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                    (ii)                  issue a warrant for the offender’s arrest.

  14      (1)      The court before which an offender appears or is brought by virtue of

paragraph 13 must—

              (a)             determine whether the offender has failed without reasonable

excuse to comply with any of the community requirements of the

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suspended sentence order, or

              (b)             require the offender to appear before the original court.

          (2)      If the home court determines that the offender has failed without reasonable

excuse to comply with any of the community requirements of the order—

              (a)             the home court must require the offender to appear before the

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original court, and

              (b)             when the offender appears before the original court, paragraph 8 of

Schedule 11 applies as if it had already been proved to the

 

 

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

    272

 

satisfaction of the original court that the offender failed without

reasonable excuse to comply with such of the community

requirements of the order as may have been determined.

          (3)      An offender who is required by any of the following community

requirements of a suspended sentence order—

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              (a)             a mental health treatment requirement,

              (b)             a drug rehabilitation requirement, or

              (c)             an alcohol treatment requirement,

                   to submit to treatment for his mental condition, or his dependency on or

propensity to misuse drugs or alcohol, is not to be treated for the purposes

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of sub-paragraph (2) as having failed to comply with that requirement on the

ground only that he had refused to undergo any surgical, electrical or other

treatment if, in the opinion of the court, his refusal was reasonable having

regard to all the circumstances.

          (4)      The evidence of one witness shall, for the purposes of sub-paragraph (2)

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above, be sufficient.

          (5)      Where the home court is in Scotland and the order contains an electronic

monitoring requirement, section 245H of the Criminal Procedure (Scotland)

Act 1995 (c. 46) (documentary evidence) applies to proceedings under this

paragraph as it applies to proceedings under section 245F of that Act (breach

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of restriction of liberty order).

          (6)      Where an offender is required by virtue of sub-paragraph (2) to appear

before the original court—

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

that the offender has failed without reasonable excuse to comply

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with the requirements of the order in the respect specified, and

              (b)             such a certificate signed by the clerk of the home court is admissible

before the original court as conclusive evidence of the matters

specified in it.

  15      (1)      The home court may exercise any power under Part 3 of Schedule 11

30

(amendment of suspended sentence order) as if it were the original court,

except that the home court may not exercise the power conferred by

paragraph 15(4) of that Schedule.

          (2)      Where paragraph 15(4) of Schedule 11 applies the home court must require

the offender to appear before the original court.

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          (3)      Subject to sub-paragraph (4), where the home court proposes to exercise the

power conferred by paragraph 15(1) of Schedule 11, otherwise than on the

application of the offender, the court—

              (a)             if it is in Scotland—

                    (i)                   must issue a citation requiring the offender to appear before

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it, and

                    (ii)                  if he does not appear in answer to the citation, may issue a

warrant for the offender’s arrest;

              (b)             if it is in Northern Ireland—

                    (i)                   must issue a summons requiring the offender to appear

45

before it, and

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

warrant for the offender’s arrest;

                   and paragraph 20 of Schedule 11 does not apply to the home court.

 

 

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

    273

 

          (4)      Sub-paragraph (3) does not apply to an order cancelling any community

requirement of a suspended sentence order.

          (5)      Where the home court is considering amending a suspended sentence 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 Scotland or, as the case may

5

be, the Probation Board for Northern Ireland.

  16       Where by virtue of paragraph 15 any application is made to the home court

under Part 3 of Schedule 11, the home court may (instead of dealing with the

application) require the offender to appear before the original court.

  17       No court may amend or further amend a suspended sentence order unless

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it appears to the court that the conditions in paragraph 1(1)(a) and (b) or, as

the case may be, paragraph 6(1)(a) and (b) are satisfied in relation to any

requirement to be imposed; but this paragraph does not apply to any

amendment by virtue of paragraph 20(2).

  18       The preceding paragraphs of this Schedule have effect in relation to any

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amendment of a suspended order by any court as they have effect in relation

to the amendment of such an order by virtue of paragraph 1(3) or 6(3).

  19       On the making of an order amending a suspended sentence order—

              (a)             the court must provide copies of the amending order to the offender

and the relevant officer, and

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

authority area or petty sessions district, paragraphs 2 and 3 or, as the

case may be, 7 and 8 have effect in relation to the order as they have

effect in relation to an order made or amended in accordance with

paragraph 1 or 6.

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  20      (1)      This paragraph applies where the home court is satisfied that the offender is

residing or proposes to reside in England and Wales.

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

application of the relevant officer must, amend the suspended sentence

order by requiring it to be complied with in England and Wales.

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          (3)      The court may not amend under this paragraph a suspended sentence order

which contains requirements which, in the opinion of the court, cannot be

complied with in the petty sessions area in which the offender is residing or

proposes to reside unless, in accordance with paragraph 15 of Schedule 11 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 resides in that area.

          (4)      The court may not amend under this paragraph any suspended sentence

order imposing a programme requirement unless it appears to the court that

40

the accredited programme specified in the requirement is available in the

petty sessions area in England and Wales in which the offender is residing

or proposes to reside.

          (5)      The suspended sentence order as amended must specify the petty sessions

area in which the offender resides or proposes to reside.

45

          (6)      On the making under this paragraph of an order amending a suspended

sentence order, the home court must—

 

 

Criminal Justice Bill
Schedule 13 — Persons to whom copies of requirements to be provided in particular cases

    274

 

              (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

amending order and such other documents and information relating

5

to the case as the home court considers likely to be of assistance to a

court acting for that area in the exercise of its functions in relation to

the order.

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

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

10

Part 4

Supplementary

  21       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

included a reference to the electronic monitoring of the community

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requirements of a suspended sentence order made or amended in

accordance with paragraph 1 of this Schedule.

  22      (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

citations or warrants) applies to any citation or warrant issued under

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paragraph 13(2)(a) or 15(3)(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 13(2)(b)

or 15(3)(b) may, in such circumstances as may be prescribed by rules of

court, be served in England and Wales or Scotland.

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Schedule 13

Section 201

 

Persons to whom copies of requirements to be provided in particular cases

 

Requirement

Person to whom copy of requirement is to be

 
  

given

 
 

An activity requirement.

The person specified under section

 

30

  

183(1)(a).

 
 

An exclusion requirement imposed for

The person intended to be protected.

 
 

the purpose (or partly for the purpose)

  
 

of protecting a person from being

  
 

approached by the offender.

  

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A residence requirement relating to

The person in charge of the institution.

 
 

residence in an institution.

  
 

An electronic monitoring requirement.

Any person who by virtue of section

 
 

 

Criminal Justice Bill
Schedule 14 — Specified offences for purposes of Chapter 5 of Part 11
Part 1 — Specified violent offences

    275

 
 

Requirement

Person to whom copy of requirement is to be

 
  

given

 
 

A mental health treatment requirement.

The person specified under section

 
  

189(2)(c) or the person in charge of the

 
  

institution or place specified under

 

5

  

section 189(2)(a) or (b).

 
 

A drug rehabilitation requirement.

The person in charge of the institution

 
  

or place specified under section

 
  

191(4)(a) or (b).

 
 

An alcohol treatment requirement.

The person specified under section

 

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194(5)(c) or the person in charge of the

 
  

institution or place specified under

 
  

section 194(5)(a) or (b).

 
 

An attendance centre requirement.

The officer in charge of the attendance

 
  

centre specified in the requirement.

 

15

 

An electronic monitoring requirement.

Any person who by virtue of section

 
 

An electronic monitoring requirement.

Any person who by virtue of section

 
 

Schedule 14

Section 206

 

Specified offences for purposes of Chapter 5 of Part 11

Part 1

Specified violent offences

20

  1        Manslaughter.

  2        Kidnapping.

  3        False imprisonment.

  4        An offence under section 4 of the Offences against the Person Act 1861

(c. 100) (soliciting murder).

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  5        An offence under section 16 of that Act (threats to kill).

  6        An offence under section 18 of that Act (wounding with intent to cause

grievous bodily harm).

  7        An offence under section 20 of that Act (malicious wounding).

  8        An offence under section 21 of that Act (attempting to choke, suffocate or

30

strangle in order to commit or assist in committing an indictable offence).

 

 

Criminal Justice Bill
Schedule 14 — Specified offences for purposes of Chapter 5 of Part 11
Part 1 — Specified violent offences

    276

 

  9        An offence under section 22 of that Act (using chloroform etc. to commit or

assist in the committing of any indictable offence).

  10       An offence under section 23 of that Act (maliciously administering poison

etc. so as to endanger life or inflict grievous bodily harm).

  11       An offence under section 27 of that Act (abandoning children).

5

  12       An offence under section 28 of that Act (causing bodily injury by explosives).

  13       An offence under section 29 of that Act (using explosives etc. with intent to

do grievous bodily harm).

  14       An offence under section 30 of that Act (placing explosives with intent to do

bodily injury).

10

  15       An offence under section 31 of that Act (setting spring guns etc. with intent

to do grievous bodily harm).

  16       An offence under section 32 of that Act (endangering the safety of railway

passengers).

  17       An offence under section 35 of that Act (injuring persons by furious driving).

15

  18       An offence under section 37 of that Act (assaulting officer preserving wreck).

  19       An offence under section 38 of that Act (assault with intent to resist arrest).

  20       An offence under section 47 of that Act (assault occasioning actual bodily

harm).

  21       An offence under section 2 of the Explosive Substances Act 1883 (c. 3)

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(causing explosion likely to endanger life or property).

  22       An offence under section 3 of that Act (attempt to cause explosion, or

making or keeping explosive with intent to endanger life or property).

  23       An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34)

(child destruction).

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  24       An offence under section 1 of the Children and Young Persons Act 1933

(c. 12) (cruelty to children).

  25       An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide).

  26       An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of

firearm with intent to endanger life).

30

  27       An offence under section 16A of that Act (possession of firearm with intent

to cause fear of violence).

  28       An offence under section 17(1) of that Act (use of firearm to resist arrest).

  29       An offence under section 17(2) of that Act (possession of firearm at time of

committing or being arrested for offence specified in Schedule 1 to that Act).

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  30       An offence under section 18 of that Act (carrying a firearm with criminal

intent).

  31       An offence under section 8 of the Theft Act 1968 (c. 60) (robbery or assault

with intent to rob).

 

 

Criminal Justice Bill
Schedule 14 — Specified offences for purposes of Chapter 5 of Part 11
Part 1 — Specified violent offences

    277

 

  32       An offence under section 9 of that Act of burglary with intent to—

              (a)             inflict grievous bodily harm on a person, or

              (b)             do unlawful damage to a building or anything in it.

  33       An offence under section 10 of that Act (aggravated burglary).

  34       An offence under section 12A of that Act (aggravated vehicle-taking)

5

involving an accident which caused the death of any person.

  35       An offence of arson under section 1 of the Criminal Damage Act 1971 (c. 48).

  36       An offence under section 1(2) of that Act (destroying or damaging property)

other than an offence of arson.

  37       An offence under section 1 of the Taking of Hostages Act 1982 (c. 28)

10

(hostage-taking).

  38       An offence under section 1 of the Aviation Security Act 1982 (c. 36)

(hijacking).

  39       An offence under section 2 of that Act (destroying, damaging or

endangering safety of aircraft).

15

  40       An offence under section 3 of that Act (other acts endangering or likely to

endanger safety of aircraft).

  41       An offence under section 4 of that Act (offences in relation to certain

dangerous articles).

  42       An offence under section 127 of the Mental Health Act 1983 (c. 20) (ill-

20

treatment of patients).

  43       An offence under section 1 of the Prohibition of Female Circumcision Act

1985 (c. 38) (prohibition of female circumcision).

  44       An offence under section 1 of the Public Order Act 1986 (c. 64) (riot).

  45       An offence under section 2 of that Act (violent disorder).

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  46       An offence under section 3 of that Act (affray).

  47       An offence under section 134 of the Criminal Justice Act 1988 (c. 33)

(torture).

  48       An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death

by dangerous driving).

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  49       An offence under section 3A of that Act (causing death by careless driving

when under influence of drink or drugs).

  50       An offence under section 1 of the Aviation and Maritime Security Act 1990

(c. 31) (endangering safety at aerodromes).

  51       An offence under section 9 of that Act (hijacking of ships).

35

  52       An offence under section 10 of that Act (seizing or exercising control of fixed

platforms).

  53       An offence under section 11 of that Act (destroying fixed platforms or

endangering their safety).

 

 

 
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Revised 17 October 2003