House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

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

270

 

(b)   

subsection (7) of section 174 (programme requirement);

(c)   

subsection (4) of section 190 (availability of arrangements in local

area).

      (4)  

In section 186 (attendance centre requirement), any reference to an

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

5

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

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

      (5)  

In section 187 (electronic monitoring requirement), in subsection (3), the

words from “and” onwards are omitted.

Part 4

10

General provisions

14         

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

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

15         

In this Part of this Schedule—

           

“home court” means—

(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

20

reside, and

(b)   

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

during the licence period, the court of summary jurisdiction

acting for the petty sessions district in which he resides or

proposes to reside;

25

           

“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

last amended the custody plus order or intermittent custody order;

           

“the relevant officer” means—

30

(a)   

where the order specifies a local authority area in Scotland,

the local authority officer appointed or assigned under

paragraph 5(b), and

(b)   

where the order specifies a local authority district in

Northern Ireland, the probation officer appointed or

35

assigned under paragraph 11(b).

16    (1)  

Where this Part of this Schedule applies, Schedule 9 has effect subject to the

following modifications.

      (2)  

Any reference to the responsible officer has effect as a reference to the

relevant officer.

40

      (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—

(a)   

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

reference to that local authority area, and

45

 

 

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

271

 

(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—

(a)   

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

reference to that petty sessions district, and

5

(b)   

any other reference to a petty sessions area has effect as a reference

to a petty sessions district.

      (6)  

Paragraph 9 is omitted.

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

10

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

application of the offender, the court—

(a)   

if it is in Scotland—

15

(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

warrant for the offender’s arrest;

(b)   

if it is in Northern Ireland—

20

(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

warrant for the offender’s arrest;

           

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

25

      (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

30

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.

35

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

40

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.

45

21         

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

custody order—

 

 

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

272

 

(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

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

5

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—

(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

10

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

(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

15

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,

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

to be complied with in England and Wales.

20

      (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

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

paragraph.

25

      (4)  

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

intermittent custody 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, the court must, in

accordance with paragraph 5 of Schedule 9, either—

30

(a)   

cancel those requirements, or

(b)   

substitute for those requirements other requirements which can be

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

35

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

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

40

or proposes to reside in the licence period.

      (7)  

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

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

45

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

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

 

 

Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 1 — Preliminary

273

 

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

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

Part 5

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

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

10

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

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

15

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

in England and Wales or Scotland.

Schedule 11

20

Section 165

 

Breach or amendment of suspended sentence order, and effect of further

conviction

Part 1

Preliminary

Interpretation

25

1          

In this Schedule—

           

“the offender”, in relation to a suspended sentence order, means the

person in respect of whom the order is made;

           

“the petty sessions area concerned”, in relation to a suspended sentence

order, means the petty sessions area for the time being specified in

30

the order;

           

“the responsible officer” has the meaning given by section 169.

2          

In this Schedule—

(a)   

any reference to a suspended sentence order being subject to review

is a reference to such an order being subject to review in accordance

35

with section 163(1)(b) or to a drug rehabilitation requirement of such

an order being subject to review in accordance with section 182(1)(b);

(b)   

any reference to the court responsible for a suspended sentence order

which is subject to review is to be construed in accordance with

section 163(3) or, as the case may be, 182(2).

40

 

 

Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 2 — Breach of community requirement or conviction of further offence

274

 

Orders made on appeal

3          

Where a suspended sentence order is made on appeal it is to be taken for the

purposes of this Schedule to have been made by the Crown Court.

Part 2

Breach of community requirement or conviction of further offence

5

Duty to give warning in relation to community requirement

4     (1)  

If the responsible officer is of the opinion that the offender has failed without

reasonable excuse to comply with any of the community requirements of a

suspended sentence order, the officer must give him a warning under this

paragraph unless—

10

(a)   

the offender has within the previous twelve months been given a

warning under this paragraph in relation to a failure to comply with

any of the community requirements of the order, or

(b)   

the officer causes an information to be laid before a justice of the

peace in respect of the failure.

15

      (2)  

A warning under this paragraph must—

(a)   

describe the circumstances of the failure,

(b)   

state that the failure is unacceptable, and

(c)   

inform the offender that if within the next twelve months he again

fails to comply with any requirement of the order, he will be liable to

20

be brought before a court.

      (3)  

The responsible officer must, as soon as practicable after the warning has

been given, record that fact.

      (4)  

In relation to any suspended sentence order which is made by the Crown

Court and does not include a direction that any failure to comply with the

25

community requirements of the order is to be dealt with by a magistrates’

court, the reference in sub-paragraph (1)(b) to a justice of the peace is to be

read as a reference to the Crown Court.

Breach of order after warning

5     (1)  

If—

30

(a)   

the responsible officer has given a warning under paragraph 4 to the

offender in respect of a suspended sentence order, and

(b)   

at any time within the twelve months beginning with the date on

which the warning was given, the responsible officer is of the

opinion that the offender has since that date failed without

35

reasonable excuse to comply with any of the community

requirements of the order,

           

the officer must cause an information to be laid before a justice of the peace

in respect of the failure in question.

      (2)  

In relation to any suspended sentence order which is made by the Crown

40

Court and does not include a direction that any failure to comply with the

community requirements of the order is to be dealt with by a magistrates’

court, the reference in sub-paragraph (1) to a justice of the peace is to be read

as a reference to the Crown Court.

 

 

Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 2 — Breach of community requirement or conviction of further offence

275

 

Issue of summons or warrant by justice of the peace

6     (1)  

This paragraph applies to—

(a)   

a suspended sentence order made by a magistrates’ court, or

(b)   

any suspended sentence order which was made by the Crown Court

and includes a direction that any failure to comply with the

5

community requirements of the order is to be dealt with by a

magistrates’ court.

      (2)  

If at any time while a suspended sentence order to which this paragraph

applies is in force it appears on information to a justice of the peace acting

for the petty sessions area concerned that the offender has failed to comply

10

with any of the community requirements of the order, the justice may—

(a)   

issue a summons requiring the offender to appear at the place and

time specified in it, or

(b)   

if the information is in writing and on oath, issue a warrant for his

arrest.

15

      (3)  

Any summons or warrant issued under this paragraph must direct the

offender to appear or be brought—

(a)   

in the case of a suspended sentence order which is subject to review,

before the court responsible for the order,

(b)   

in any other case, before a magistrates’ court acting for the petty

20

sessions area concerned.

      (4)  

Where a summons issued under sub-paragraph (2)(a) requires the offender

to appear before a magistrates’ court and the offender does not appear in

answer to the summons, the magistrates’ court may issue a warrant for the

arrest of the offender.

25

Issue of summons or warrant by Crown Court

7     (1)  

This paragraph applies to a suspended sentence order made by the Crown

Court which does not include a direction that any failure to comply with the

community requirements of the order is to be dealt with by a magistrates’

court.

30

      (2)  

If at any time while a suspended sentence order to which this paragraph

applies is in force it appears on information to the Crown Court that the

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

the order, the Crown Court may—

(a)   

issue a summons requiring the offender to appear at the place and

35

time specified in it, or

(b)   

if the information is in writing and on oath, issue a warrant for his

arrest.

      (3)  

Any summons or warrant issued under this paragraph must direct the

offender to appear or be brought before the Crown Court.

40

      (4)  

Where a summons issued under sub-paragraph (1)(a) requires the offender

to appear before the Crown Court and the offender does not appear in

answer to the summons, the Crown Court may issue a warrant for the arrest

of the offender.

 

 

Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 2 — Breach of community requirement or conviction of further offence

276

 

Powers of court on breach of community requirement or conviction of further offence

8     (1)  

This paragraph applies where—

(a)   

it is proved to the satisfaction of a court before which an offender

appears or is brought under paragraph 6 or 7 or by virtue of section

164(6) that he has failed without reasonable excuse to comply with

5

any of the community requirements of the suspended sentence

order, or

(b)   

an offender is convicted of an offence committed during the

operational period of a suspended sentence (other than one which

has already taken effect) and either—

10

(i)   

he is so convicted by or before a court having power under

paragraph 11 to deal with him in respect of the suspended

sentence, or

(ii)   

he subsequently appears or is brought before such a court.

      (2)  

The court must consider his case and deal with him in one of the following

15

ways—

(a)   

the court may order that the suspended sentence is to take effect with

its original term and custodial period unaltered,

(b)   

the court may order that the sentence is to take effect with either or

both of the following modifications—

20

(i)   

the substitution for the original term of a lesser term

complying with section 153(2), and

(ii)   

the substitution for the original custodial period of a lesser

custodial period complying with section 153(5) and (6),

(c)   

the court may amend the order by doing any one or more of the

25

following—

(i)   

imposing more onerous community requirements which the

court could include if it were then making the order,

(ii)   

subject to subsections (3) and (4) of section 161, extending the

supervision period, or

30

(iii)   

subject to subsection (3) of that section, extending the

operational period.

      (3)  

The court must make an order under sub-paragraph (2)(a) or (b) unless it is

of the opinion that it would be unjust to do so in view of all the

circumstances, including the matters mentioned in sub-paragraph (4); and

35

where it is of that opinion the court must state its reasons.

      (4)  

The matters referred to in sub-paragraph (3) are—

(a)   

the extent to which the offender has complied with the community

requirements of the suspended sentence order, and

(b)   

in a case falling within sub-paragraph (1)(b), the facts of the

40

subsequent offence.

      (5)  

Where a court deals with an offender under sub-paragraph (2) in respect of

a suspended sentence, the appropriate officer of the court must notify the

appropriate officer of the court which passed the sentence of the method

adopted.

45

      (6)  

Where a suspended sentence order was made by the Crown Court and a

magistrates’ court would (apart from this sub-paragraph) be required to

deal with the offender under sub-paragraph (2)(a), (b) or (c) it may instead

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 13 November 2003