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"( ) 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." Page 242, line 39, leave out from "order" to "it" in line 40 and insert "to which this paragraph applies is in force"



    Page 243, line 37, leave out paragraphs (ii) and (iii) and insert—


"(ii) subject to subsections (3) and (4) of section 181, extending the supervision period, or
(iii) subject to subsection (3) of that section, extending the operational period." Page 244, line 4, at end insert—


"(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 commit him to custody or release him on bail until he can be brought or appear before the Crown Court.
(7) A magistrates' court which deals with an offender's case under sub-paragraph (6) must send to the Crown Court—
(a) a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the community order in the respect specified in the certificate, and
(b) such other particulars of the case as may be desirable;
and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court." Page 244, line 4, at end insert—


"(8) In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the suspended sentence order and any question whether the offender has been convicted of an offence committed during the operational period of the suspended sentence is to be determined by the court and not by the verdict of a jury." Page 244, line 15, leave out sub-paragraph (3).


    Page 244, line 35, at end insert—


"(2) A court may not under paragraph 7(2)(c)(i) amend a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended." Page 245, line 3, leave out sub-paragraph (3).


    Page 245, line 37, leave out sub-paragraph (6).


    Page 246, line 6, leave out sub-paragraph (3).


    Page 246, line 11, leave out "made by the Crown Court" and insert "which was made by the Crown Court and does not include any direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court"


    Page 248, line 13, leave out from "to" to "that" in line 14 and insert "the appropriate court"


    Page 248, line 17, at end insert—


"(2) In this paragraph "the appropriate court" has the same meaning as in paragraph 12." Page 248, line 21, at end insert—


"(2) Sub-paragraph (1) does not apply to an application under paragraph 14 which—
(a) relates to a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement, and

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(b) is made by the responsible officer with the consent of the offender."

On Question, amendments agreed to.

Schedule 10, as amended, agreed to.

Baroness Scotland of Asthal moved Amendment No. 179A":


    After Schedule 10, insert the following new schedule—

"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 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 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 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,
(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.
(3) Where—
(a) the appropriate court for the purposes of paragraph 13 of Schedule 10 (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
(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 10 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 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 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 183 or 201; 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.
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

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(b) require the local authority for that area to appoint or assign an officer who will be responsible for discharging in relation to him the functions conferred on responsible officers by Part 12 of this Act;
and section 207 (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 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 210 (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 court making or amending the order considers likely to be of 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 12 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 appointed or assigned under paragraph 2(b).
(3) The following provisions are omitted—
(a) subsection (7) of section 192 (activity requirement),
(b) subsection (7) of section 193 (programme requirement),
(c) subsection (4) of section 197 (residence requirement),
(d) subsection (4) of section 209 (availability of arrangements in local area).
(4) In section 198 (mental health treatment requirement), for subsection (2)(a) there is substituted—
"(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 206 (electronic monitoring requirement), in subsection (3), the 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.
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 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 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—
(a) an unpaid work requirement,

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(b) an activity requirement,
(c) a programme requirement,
(d) a mental health treatment requirement,
(e) a drug rehabilitation requirement,
(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 13 of Schedule 10 (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,
the power of the court to amend the order under Part 3 of Schedule 10 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) 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 183 or 201; 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 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 assign a probation officer who will be responsible for discharging in relation to him the functions conferred on responsible officers by Part 12 of this Act;
and section 207 (petty sessions area to be specified) does not apply in 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 district in which the offender resides or proposes to reside;
and paragraphs (b) to (d) of subsection (1) of section 210 (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 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 12 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—
(a) subsection (7) of section 192 (activity requirement),
(b) subsection (7) of section 193 (programme requirement),

8 Oct 2003 : Column 401


(c) subsection (4) of section 197 (residence requirement),
(d) subsection (4) of section 209 (availability of arrangements in local area).
(4) In section 198 (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 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));".
(5) In section 205 (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).
(6) In section 206 (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 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 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 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 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
(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.
12 (1) Where this Part of this Schedule applies, Schedule 10 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 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 original court.
(5) In paragraphs 3 and 4, 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

8 Oct 2003 : Column 402


(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 13—
(a) if the home court is in Scotland—
(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
(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 reference to a petty sessions district.
(7) Paragraph 21 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 (2)(a) of this Schedule to appear before that court;
(b) exercise any power under Part 3 of Schedule 10 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—
(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,
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 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
(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 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 original court, and
(b) when the offender appears before the original court, paragraph 7 of Schedule 10 applies as if it had already been proved to the 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—
(a) a mental health treatment requirement,
(b) a drug rehabilitation requirement, or

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(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 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) 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 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 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 10 (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 14(4) of that Schedule.
(2) Where paragraph 14(4) of Schedule 10 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 14(1) of Schedule 10, 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 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 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 19 of Schedule 10 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 12 of this Act to a local probation board 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 10, 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 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 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).

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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
(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.
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.
(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 14 of Schedule 10 it either—
(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 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.
(6) On the making under this paragraph of an order amending a suspended sentence order, the home 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 amending order and such other documents and information relating 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.
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 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 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 (c. 46).
(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."

On Question, amendment agreed to.

8 Oct 2003 : Column 405

Clauses 186 to 189 agreed to.

Clause 190 [Unpaid work requirement]:


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