|
| |
| |
(3) In dealing with an offender under sub-paragraph (2)(b), a magistrates’ court | |
must take into account the extent to which the offender has complied with | |
the requirements of the community order. | |
(4) A person sentenced under sub-paragraph (2)(b) for an offence may appeal | |
to the Crown Court against the sentence. | 5 |
22 (1) Where an offender in respect of whom a community order made by the | |
Crown Court is in force is convicted of an offence by a magistrates’ court, the | |
magistrates’ court may commit the offender in custody or release him on | |
bail until he can be brought before the Crown Court. | |
(2) Where the magistrates’ court deals with an offender’s case under sub- | 10 |
paragraph (1), it must send to the Crown Court such particulars of the case | |
as may be desirable. | |
Powers of Crown Court following subsequent conviction | |
23 (1) This paragraph applies where— | |
(a) an offender in respect of whom a community order is in force— | 15 |
(i) is convicted of an offence by the Crown Court, or | |
(ii) is brought or appears before the Crown Court by virtue of | |
paragraph 22 or having been committed by the magistrates’ | |
court to the Crown Court for sentence, and | |
(b) it appears to the Crown Court that it would be in the interests of | 20 |
justice to exercise its powers under this paragraph, having regard to | |
circumstances which have arisen since the community order was | |
made. | |
(2) The Crown Court may— | |
(a) revoke the order, or | 25 |
(b) both— | |
(i) revoke the order, and | |
(ii) deal with the offender, for the offence in respect of which the | |
order was made, in any way in which he could have been | |
dealt with for that offence by the court which made the order | 30 |
if the order had not been made. | |
(3) In dealing with an offender under sub-paragraph (2)(b), the Crown Court | |
must take into account the extent to which the offender has complied with | |
the requirements of the community order. | |
Part 6 | 35 |
Supplementary | |
24 (1) No order may be made under paragraph 16, and no application may be | |
made under paragraph 13, 17 or 20 while an appeal against the community | |
order is pending. | |
(2) Sub-paragraph (1) does not apply to an application under paragraph 17 | 40 |
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. | |
| |
| |
|
| |
| |
25 (1) Subject to sub-paragraph (2), where a court proposes to exercise its powers | |
under Part 4 or 5 of this Schedule, 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 | 5 |
for his arrest. | |
(2) This paragraph does not apply to an order cancelling a requirement of a | |
community order or reducing the period of any requirement, or substituting | |
a new petty sessions area or a new place for the one specified in the order. | |
26 Paragraphs 9(1)(a), 10(1)(a) and 17(1)(b) have effect subject to the provisions | 10 |
mentioned in subsection (2) of section 159, and to subsections (3) and (6) of | |
that section. | |
27 (1) On the making under this Schedule of an order revoking or amending a | |
community order, the proper officer of the court must— | |
(a) provide copies of the revoking or amending order to the offender | 15 |
and the responsible officer, | |
(b) in the case of an amending order which substitutes a new petty | |
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 | 20 |
(c) in the case of an amending order which imposes or amends a | |
requirement specified in the first column of Schedule 13, provide a | |
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. | 25 |
(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, | |
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. | 30 |
(3) In this paragraph “proper officer” means— | |
(a) in relation to a magistrates’ court, the justices’ chief executive for the | |
court; and | |
(b) in relation to the Crown Court, the appropriate officer. | |
Schedule 8 | 35 |
Section 162 | |
Transfer of community orders to Scotland or Northern Ireland | |
Part 1 | |
Scotland | |
1 (1) Where the court considering the making of a community order is satisfied | |
that the offender resides in Scotland, or will reside there when the order | 40 |
comes into force, the court may not make a community 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 | 5 |
under those arrangements, and | |
(b) in any case, that suitable arrangements for his supervision can be | |
made by the council constituted under section 2 of the Local | |
Government etc. (Scotland) Act 1994 (c. 39) in whose area he resides, | |
or will be residing when the order comes into force. | 10 |
(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, | 15 |
(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 16 of Schedule 7 | 20 |
(amendment by reason of change of residence) is satisfied that an | |
offender in respect of whom a community 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, | 25 |
the power of the court to amend the order under Part 4 of Schedule 7 | |
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) | 30 |
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) A community order made or amended in accordance with this paragraph | 35 |
must— | |
(a) specify the locality in Scotland in which the offender resides or will | |
be residing when the order or amendment comes into force; | |
(b) specify as the corresponding order for the purposes of this Schedule | |
an order that may be made by a court in Scotland; | 40 |
(c) specify as the appropriate court for the purposes of subsection (4) of | |
section 228 of the Criminal Procedure (Scotland) Act 1995 (c. 46) a | |
court of summary jurisdiction (which, in the case of an offender | |
convicted on indictment, must be the sheriff court) having | |
jurisdiction in the locality specified under paragraph (a); | 45 |
and section 198 (petty sessions area to be specified) does not apply in | |
relation to an order so made or amended. | |
| |
| |
|
| |
| |
2 (1) Where a court is considering the making or amendment of a community | |
order by virtue of paragraph 1, 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 | |
of a council constituted under section 2 of the Local Government etc. | 5 |
(Scotland) Act 1994 (c. 39) responsible for the offender’s supervision or, as | |
the case may be, discharging in relation to him the functions in respect of | |
community service orders assigned by sections 239 to 245 of the Criminal | |
Procedure (Scotland) Act 1995 (c. 46). | |
(3) The following provisions are omitted— | 10 |
(a) subsection (7) of section 183 (activity requirement), | |
(b) subsection (7) of section 184 (programme requirement), | |
(c) subsection (4) of section 188 (residence requirement), and | |
(d) subsection (4) of section 200 (availability of arrangements in local | |
area). | 15 |
(4) In section 189 (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 | 20 |
meaning of that Act;”. | |
(5) In section 197 (electronic monitoring requirement), in subsection (3), the | |
words from “and” onwards are omitted. | |
Part 2 | |
Northern Ireland | 25 |
3 (1) Where the court considering the making of a community 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 community 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- | 30 |
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 | 35 |
(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) are— | |
(a) an unpaid work requirement, | |
(b) an activity requirement, | 40 |
(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 | 45 |
(h) an electronic monitoring requirement. | |
| |
| |
|
| |
| |
(3) Where— | |
(a) the appropriate court for the purposes of paragraph 16 of Schedule 7 | |
(amendment by reason of change of residence) is satisfied that the | |
offender to whom a community order relates proposes to reside or is | |
residing in Northern Ireland, and | 5 |
(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 4 of Schedule 7 | |
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 | 10 |
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) A community order made or amended in accordance with this paragraph | 15 |
must 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 section 198 (petty sessions area to be specified) does not apply | |
in relation to an order so made or amended. | |
(6) A community order made or amended in accordance with this paragraph | 20 |
must also specify as the corresponding order for the purposes of this | |
Schedule an order that may be made by a court in Northern Ireland. | |
4 (1) Where a court is considering the making or amendment of a community | |
order by virtue of paragraph 3, Chapter 4 of Part 11 of this Act has effect | |
subject to the following modifications. | 25 |
(2) Any reference to the responsible officer has effect as a reference to the | |
probation officer responsible for the offender’s supervision or, as the case | |
may be, discharging in relation to the offender the functions conferred by | |
Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 | |
(N.I. 24)). | 30 |
(3) The following provisions are omitted— | |
(a) subsection (7) of section 183 (activity requirement), | |
(b) subsection (7) of section 184 (programme requirement), | |
(c) subsection (4) of section 188 (residence requirement), and | |
(d) subsection (4) of section 200 (availability of arrangements in local | 35 |
area). | |
(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 | 40 |
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. | 45 |
24));”. | |
(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 (S.I. 1996/3160 (N.I. 24)). | |
(6) In section 197 (electronic monitoring requirement), in subsection (3), the | |
words from “and” onwards are omitted. | |
Part 3 | 5 |
General provisions | |
5 In this Part of this Schedule— | |
“corresponding order” means the order specified under paragraph | |
1(6)(b) or 3(6); | |
“home court” means— | 10 |
(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 he 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 | 15 |
the petty sessions district in which he resides or proposes to | |
reside; | |
“the local authority officer concerned”, in relation to an offender, means | |
the officer of a council constituted under section 2 of the Local | |
Government etc. (Scotland) Act 1994 (c. 39) responsible for his | 20 |
supervision or, as the case may be, discharging in relation to him the | |
functions in respect of community service orders assigned by | |
sections 239 to 245 of the Criminal Procedure (Scotland) Act 1995 | |
(c. 46); | |
“the probation officer concerned”, in relation to an offender, means the | 25 |
probation officer responsible for his supervision or, as the case may | |
be, discharging in relation to him the functions conferred by Part 2 of | |
the Criminal Justice (Northern Ireland) Order 1996; | |
“the relevant time” means the time when the order or the amendment | |
to it comes into force. | 30 |
6 Where a community order is made or amended in accordance with | |
paragraph 1 or 3, the court which makes or amends the order must provide | |
the home court with a copy of the order as made or amended, together with | |
such other documents and information relating to the case as it considers | |
likely to be of assistance to that court; and paragraphs (b) to (d) of subsection | 35 |
(1) of section 201 (provision of copies of relevant orders) do not apply. | |
7 In section 202 (duty of offender to keep in touch with responsible officer) the | |
reference to the responsible officer is to be read in accordance with | |
paragraph 2(2) or 4(2). | |
8 Where a community order is made or amended in accordance with | 40 |
paragraph 1 or 3, then, subject to the following provisions of this Part of this | |
Schedule— | |
(a) the order is to be treated as if it were a corresponding order made in | |
the part of the United Kingdom in which the offender resides, or will | |
be residing at the relevant time, and | 45 |
(b) the legislation relating to such orders which has effect in that part of | |
the United Kingdom applies accordingly. | |
| |
| |
|
| |
| |
9 Before making or amending a community order in those circumstances the | |
court must explain to the offender in ordinary language— | |
(a) the requirements of the legislation relating to corresponding orders | |
which has effect in the part of the United Kingdom in which he | |
resides or will be residing at the relevant time, | 5 |
(b) the powers of the home court under that legislation, as modified by | |
this Part of this Schedule, and | |
(c) its own powers under this Part of this Schedule. | |
10 The home court may exercise in relation to the community order any power | |
which it could exercise in relation to the corresponding order made by a | 10 |
court in the part of the United Kingdom in which the home court exercises | |
jurisdiction, by virtue of the legislation relating to such orders which has | |
effect in that part, except the following— | |
(a) any power to discharge or revoke the order (other than a power to | |
revoke the order where the offender has been convicted of a further | 15 |
offence and the court has imposed a custodial sentence), | |
(b) any power to deal with the offender for the offence in respect of | |
which the order was made, | |
(c) in the case of a community order imposing an unpaid work | |
requirement, any power to vary the order by substituting for the | 20 |
number of hours of work specified in it any greater number than the | |
court which made the order could have specified, and | |
(d) in the case of a community order imposing a curfew requirement, | |
any power to vary the order by substituting for the period specified | |
in it any longer period than the court which made the order could | 25 |
have specified. | |
11 If at any time while legislation relating to corresponding orders which has | |
effect in Scotland or Northern Ireland applies by virtue of paragraph 7 to a | |
community order made in England and Wales— | |
(a) it appears to the home court— | 30 |
(i) if that court is in Scotland, on information from the local | |
authority officer concerned, or | |
(ii) if that court is in Northern Ireland, upon a complaint being | |
made to a justice of the peace acting for the petty sessions | |
district for the time being specified in the order, | 35 |
that the offender has failed to comply with any of the requirements | |
of the order, or | |
(b) it appears to the home court— | |
(i) if that court is in Scotland, on the application of the offender | |
or of the local authority officer concerned, or | 40 |
(ii) if it is in Northern Ireland, on the application of the offender | |
or of the probation officer concerned, | |
that it would be in the interests of justice for a power conferred by | |
paragraph 13 or 14 of Schedule 7 to be exercised, | |
the home court may require the offender to appear before the court which | 45 |
made the order or the court which last amended the order in England and | |
Wales. | |
12 Where an offender is required by virtue of paragraph 11 to appear before a | |
court in England and Wales that court— | |
| |
| |
|
