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

284

 

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.

      (2)  

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

5

appointed or assigned under paragraph 2(b).

      (3)  

The following provisions are omitted—

(a)   

subsection (7) of section 173 (activity requirement),

(b)   

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

(c)   

subsection (4) of section 178 (residence requirement),

10

(d)   

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

area).

      (4)  

In section 179 (mental health treatment requirement), for subsection (2)(a)

there is substituted—

“(a)   

treatment as a resident patient in a hospital within the

15

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

words from “and” onwards are omitted.

20

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.

Part 2

25

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

sentence order in respect of the offender unless it appears to the court—

30

(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

comes into force, and that provision can be made for him to comply

35

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—

(a)   

an unpaid work requirement,

40

(b)   

an activity requirement,

(c)   

a programme requirement,

(d)   

a mental health treatment requirement,

(e)   

a drug rehabilitation requirement,

(f)   

an alcohol treatment requirement,

45

(g)   

an attendance centre requirement, and

 

 

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

285

 

(h)   

an electronic monitoring requirement.

      (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

5

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,

           

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

10

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)

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.

15

      (5)  

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

paragraph to be subject to review under section 163 or 182; 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.

7          

A suspended sentence order made or amended in accordance with

20

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

comes into force, and

(b)   

require the Probation Board for Northern Ireland to appoint or

25

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 188 (petty sessions area to be specified) does not apply in

relation to an order so made or amended.

30

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

district in which the offender resides or proposes to reside;

35

           

and paragraphs (b) to (d) of subsection (1) of section 191 (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

(b)   

such other documents and information relating to the case as the

40

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)

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

45

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).

 

 

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

286

 

      (3)  

The following provisions are omitted—

(a)   

subsection (7) of section 173 (activity requirement),

(b)   

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

(c)   

subsection (4) of section 178 (residence requirement),

(d)   

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

5

area).

      (4)  

In section 179 (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

10

within the meaning of the Health and Personal Social

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/

15

3160 (N.I. 24));”.

      (5)  

In section 186 (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.

20

      (6)  

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

words from “and” onwards are omitted.

Part 3

General provisions: breach or amendment

10         

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

25

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

respect of an offender.

11         

In this Part of this Schedule—

           

“home court” means—

(a)   

if the offender resides in Scotland, or will be residing there at

30

the relevant time, 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 at

the relevant time, the court of summary jurisdiction acting for

35

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 5;

           

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

40

last amended the 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 2(b), and

45

 

 

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

287

 

(b)   

where the court specifies a petty sessions district in Northern

Ireland, the probation officer appointed or assigned under

paragraph 7(b);

           

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

to it comes into force.

5

12    (1)  

Where this Part of this Schedule applies, Schedule 11 has effect subject to the

following modifications.

      (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

10

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

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

15

original court.

      (5)  

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

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

20

(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.

      (6)  

In paragraph 14—

(a)   

if the home court is in Scotland—

(i)   

any reference to the petty sessions area concerned has effect

25

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

(b)   

if the home court is in Northern Ireland—

30

(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

reference to a petty sessions district.

35

      (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

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

40

(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.

13    (1)  

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

45

(a)   

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

or

 

 

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

288

 

(b)   

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

the relevant officer,

           

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—

5

(a)   

if it is in Scotland—

(i)   

issue a citation requiring the offender to appear before it at

the time specified in the citation, or

(ii)   

issue a warrant for the offender’s arrest;

(b)   

if it is in Northern Ireland—

10

(i)   

issue a summons requiring the offender to appear before it at

the time specified in the summons, or

(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—

15

(a)   

determine whether the offender has failed without reasonable

excuse to comply with any of the community requirements of the

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

20

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

(a)   

the home court must require the offender to appear before the

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

25

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—

30

(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

35

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), be

40

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

45

of restriction of liberty order).

      (6)  

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

before the original court—

 

 

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

289

 

(a)   

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

that the offender has failed without reasonable excuse to comply

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

5

specified in it.

15    (1)  

The home court may exercise any power under Part 3 of Schedule 11

(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.

10

      (2)  

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

the offender to appear before the original court.

      (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—

15

(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

warrant for the offender’s arrest;

20

(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

warrant for the offender’s arrest;

25

           

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

      (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

30

has effect as a reference to a local authority in Scotland or, as the case may

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.

35

17         

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

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).

40

18         

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

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

45

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 2 and 3 or, as the

 

 

Criminal Justice Bill
Schedule 12 — Transfer of suspended sentence orders to Scotland or Northern Ireland
Part 4 — Supplementary

290

 

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.

20    (1)  

This paragraph applies where the home court is satisfied that the offender is

residing or proposes to reside in England and Wales.

5

      (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.

      (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

10

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—

(a)   

cancels those requirements, or

(b)   

substitutes for those requirements other requirements which can be

15

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

the accredited programme specified in the requirement is available in the

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

20

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.

      (6)  

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

sentence order, the home court must—

25

(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

30

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.

35

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

40

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

45

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.

 

 

 
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