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(a) may issue a warrant for his arrest, and | |
(b) may exercise any power which it could exercise in respect of the | |
community order if the offender resided in England and Wales, | |
and any enactment relating to the exercise of such powers has effect | |
accordingly, and with any reference to the responsible officer being read as | 5 |
a reference to the local authority officer or probation officer concerned. | |
13 Paragraph 12(b) does not enable the court to amend the community order | |
unless— | |
(a) where the offender resides in Scotland, it appears to the court that the | |
conditions in paragraph 1(1)(a) and (b) are satisfied in relation to any | 10 |
requirement to be imposed, or | |
(b) where the offender resides in Northern Ireland, it appears to the | |
court that the conditions in paragraph 3(1)(a) and (b) are satisfied in | |
relation to any requirement to be imposed. | |
14 The preceding paragraphs of this Schedule have effect in relation to the | 15 |
amendment of a community order by virtue of paragraph 12(b) as they have | |
effect in relation to the amendment of such an order by virtue of paragraph | |
1(3) or 3(3). | |
15 Where an offender is required by virtue of paragraph (a) of paragraph 11 to | |
appear before a court in England and Wales— | 20 |
(a) the home court must send to that court a certificate certifying that the | |
offender has failed to comply with such of the requirements of the | |
order as may be specified in the certificate, together with such other | |
particulars of the case as may be desirable, and | |
(b) a certificate purporting to be signed by the clerk of the home court is | 25 |
admissible as evidence of the failure before the court which made the | |
order. | |
Schedule 9 | |
Section 169 | |
Revocation or amendment of custody plus orders and amendment of | |
intermittent custody orders | 30 |
Interpretation | |
1 (1) In this Schedule— | |
“the appropriate court” means— | |
(a) where the custody plus order or intermittent custody order | |
was made by the Crown Court, the Crown Court, and | 35 |
(b) in any other case, a magistrates’ court acting for the petty | |
sessions area concerned; | |
“the offender”, in relation to a custody plus order or intermittent | |
custody order, means the person in respect of whom the order is | |
made; | 40 |
“the petty sessions area concerned”, in relation to a custody plus order | |
or intermittent custody order, means the petty sessions area for the | |
time being specified in the order; | |
“the responsible officer” has the meaning given by section 179. | |
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|
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(2) In this Schedule any reference to a requirement being imposed by, or | |
included in, a custody plus order or intermittent custody order is to be read | |
as a reference to compliance with the requirement being required by the | |
order to be a condition of a licence. | |
Orders made on appeal | 5 |
2 Where a custody plus order or intermittent custody order has been made on | |
appeal, it is to be taken for the purposes of this Schedule to have been made | |
by the Crown Court. | |
Revocation of custody plus order or removal from intermittent custody order of requirements | |
as to licence conditions | 10 |
3 (1) Where at any time while a custody plus order or intermittent custody order | |
is in force, it appears to the appropriate court on the application of the | |
offender or the responsible officer that, having regard to circumstances | |
which have arisen since the order was made, it would be in the interests of | |
justice to do so, the court may— | 15 |
(a) in the case of a custody plus order, revoke the order, and | |
(b) in the case of an intermittent custody order, amend the order so that | |
it contains only provision specifying periods for the purposes of | |
section 165(1)(b)(i). | |
(2) The revocation under this paragraph of a custody plus order does not affect | 20 |
the sentence of imprisonment to which the order relates, except in relation | |
to the conditions of the licence. | |
Amendment by reason of change of residence | |
4 (1) This paragraph applies where, at any time during the term of imprisonment | |
to which a custody plus order or intermittent custody order relates, the | 25 |
appropriate court is satisfied that the offender proposes to change, or has | |
changed, his residence during the licence period from the petty sessions area | |
concerned to another petty sessions area. | |
(2) Subject to sub-paragraphs (3) and (4), the appropriate court may, and on the | |
application of the Secretary of State or the responsible officer must, amend | 30 |
the custody plus order or intermittent custody order by substituting the | |
other petty sessions area for the area specified in the order. | |
(3) The court may not amend under this paragraph a custody plus order or | |
intermittent custody order which contains requirements which, in the | |
opinion of the court, cannot be complied with unless the offender resides in | 35 |
the petty sessions area concerned unless, in accordance with paragraph 5, it | |
either— | |
(a) cancels those requirements, or | |
(b) substitutes for those requirements other requirements which can be | |
complied with if the offender does not reside in that area. | 40 |
(4) The court may not amend under this paragraph any custody plus order or | |
intermittent custody order imposing a programme requirement unless it | |
appears to the court that the accredited programme specified in the | |
requirement is available in the other petty sessions area. | |
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Amendment of requirements of custody plus order or intermittent custody order | |
5 (1) At any time during the term of imprisonment to which a custody plus order | |
or intermittent custody order relates, the appropriate court may, on the | |
application of the offender, the Secretary of State or the responsible officer, | |
by order amend any requirement of the custody plus order or intermittent | 5 |
custody order— | |
(a) by cancelling the requirement, or | |
(b) by replacing it with a requirement of the same kind imposing | |
different obligations, which the court could include if it were then | |
making the order. | 10 |
(2) For the purposes of sub-paragraph (1)— | |
(a) a requirement falling within any paragraph of section 164(1) is of the | |
same kind as any other requirement falling within that paragraph, | |
and | |
(b) an electronic monitoring requirement is a requirement of the same | 15 |
kind as any requirement falling within section 164(1) to which it | |
relates. | |
(3) Sub-paragraph (1)(b) has effect subject to the provisions mentioned in | |
subsection (2) of section 164, and to subsections (3) and (5) of that section. | |
Alteration of pattern of temporary release | 20 |
6 (1) At any time during the term of imprisonment to which an intermittent | |
custody order relates, the appropriate court may, on the application of the | |
offender, the Secretary of State or the responsible officer, amend the order— | |
(a) so as to specify different periods for the purposes of section | |
165(1)(b)(i), or | 25 |
(b) so as to provide that he is to remain in prison until the number of | |
days served by him in prison is equal to the number of custodial | |
days. | |
(2) The appropriate court may not by virtue of sub-paragraph (1) amend an | |
intermittent custody order unless it has received from the Secretary of State | 30 |
notification that suitable prison accommodation is available for the offender | |
during the periods which, under the order as amended, will be custodial | |
periods. | |
(3) In this paragraph “custodial period” has the same meaning as in section | |
166(3). | 35 |
Supplementary | |
7 No application may be made under paragraph 3(1), 5(1) or 6(1) while an | |
appeal against the sentence of which the custody plus or intermittent | |
custody order forms part is pending. | |
8 (1) Subject to sub-paragraph (2), where a court proposes to exercise its powers | 40 |
under paragraph 5 or 6, 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 | |
for his arrest. | 45 |
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(2) This paragraph does not apply to an order cancelling any requirement of a | |
custody plus or intermittent custody order. | |
9 (1) On the making under this Schedule of an order revoking or amending a | |
custody plus order or amending an intermittent custody order, the proper | |
officer of the court must— | 5 |
(a) provide copies of the revoking or amending order to the offender | |
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 | 10 |
(ii) the magistrates’ court acting for that area, | |
(c) in the case of an order which cancels 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 | 15 |
of that Schedule. | |
(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 | 20 |
for that area in the exercise of its functions in relation to the order. | |
Schedule 10 | |
Section 170 | |
Transfer of custody plus orders and intermittent custody orders to Scotland | |
or Northern Ireland | |
Part 1 | 25 |
Introductory | |
1 In this Schedule— | |
(a) “the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43), and | |
(b) any reference to a requirement being imposed by, or included in a | |
custody plus order or intermittent custody order is a reference to | 30 |
compliance with the requirement being required by the order to be a | |
condition of a licence. | |
Part 2 | |
Scotland | |
2 (1) Where the court making a custody plus order is satisfied that the offender | 35 |
resides in Scotland, or will reside there during the licence period, the court | |
may, subject to sub-paragraph (2), impose requirements that are to be | |
complied with in Scotland and require the offender’s compliance with the | |
order to be supervised in accordance with arrangements made by the local | |
authority in Scotland in whose area he resides or will reside. | 40 |
(2) The court may not make an order by virtue of this paragraph unless it | |
appears to the court— | |
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(a) in the case of an order imposing a requirement mentioned in sub- | |
paragraph (3), 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 during the licence period, 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 supervising his | |
compliance with the order can be made by the local authority in | |
whose area he resides, or will be residing during the licence period. | |
(3) The requirements referred to in sub-paragraph (2)(a) are— | 10 |
(a) an unpaid work requirement, | |
(b) an activity requirement, | |
(c) a programme requirement, and | |
(d) an electronic monitoring requirement. | |
(4) If an order has been made in accordance with this paragraph in relation to | 15 |
an offender but— | |
(a) the Secretary of State decides not to make an order under paragraph | |
1 or 4 of Schedule 1 to the 1997 Act in relation to him, and | |
(b) the offender has not applied under paragraph 22 of this Schedule for | |
the amendment of the custody plus order or intermittent custody | 20 |
order, | |
the Secretary of State must apply to the court under paragraph 22 of this | |
Schedule for the amendment of the order. | |
3 Where— | |
(a) the appropriate court for the purposes of paragraph 4 of Schedule 9 | 25 |
(amendment by reason of change of residence) is satisfied that the | |
offender in respect of whom a custody plus order or intermittent | |
custody order is in force is residing in Scotland, or proposes to reside | |
there during the licence period, | |
(b) the Secretary of State has made, or has indicated his willingness to | 30 |
make, an order under paragraph 1 or 4 of Schedule 1 to the 1997 Act | |
in relation to the offender, and | |
(c) it appears to the court that the conditions in paragraph 2(2)(a) and (b) | |
are satisfied, | |
the power of the court to amend the order under Schedule 9 includes power | 35 |
to amend it by requiring the requirements included in the order to be | |
complied with in Scotland and the offender’s compliance with them to be | |
supervised in accordance with the arrangements referred to in paragraph | |
2(2)(b). | |
4 A court may not by virtue of paragraph 2 or 3 require an attendance centre | 40 |
requirement to be complied with in Scotland. | |
5 A custody plus order made in accordance with paragraph 2 or a custody | |
plus order or intermittent order amended in accordance with paragraph 3 | |
must— | |
(a) specify the local authority area in which the offender resides or will | 45 |
reside during the licence period, and | |
(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 11 of this Act; | |
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and section 198 (petty sessions area to be specified) does not apply in | |
relation to an order so made or amended. | |
6 (1) Where a court makes a custody plus order in accordance with paragraph 2 | |
or amends a custody plus order or intermittent custody order in accordance | |
with paragraph 3, the court must provide the relevant documents to— | 5 |
(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 201 (which relate to the | |
provision of copies) do not apply in relation to an order so made or | 10 |
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 | 15 |
assistance. | |
7 (1) In relation to the making of a custody plus order by virtue of paragraph 2, in | |
relation to the amendment of a custody plus order or intermittent custody | |
order by virtue of paragraph 3, and (except for the purposes of paragraph | |
22) in relation to an order so made or amended, Chapter 4 of Part 11 of this | 20 |
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 5(b). | |
(3) The following provisions are omitted— | |
(a) subsection (7) of section 183 (activity requirement); | 25 |
(b) subsection (7) of section 184 (programme requirement); | |
(c) subsection (4) of section 200 (availability of arrangements in local | |
area). | |
(4) In section 197 (electronic monitoring requirement), in subsection (3), the | |
words from “and” onwards are omitted. | 30 |
8 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 3 | 35 |
Northern Ireland | |
9 (1) Where the court making a custody plus order is satisfied that the offender | |
resides in Northern Ireland, or will reside there during the licence period, | |
the court may, subject to sub-paragraph (2), impose requirements that are to | |
be complied with in Northern Ireland and require the offender’s compliance | 40 |
with the order to be supervised in accordance with arrangements made by | |
the Probation Board for Northern Ireland. | |
(2) The court may not make an order by virtue of this paragraph unless it | |
appears to the court— | |
(a) in the case of an order imposing a requirement mentioned in sub- | 45 |
paragraph (3), that arrangements exist for persons to comply with | |
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| |
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| |
such a requirement in the petty sessions district in Northern Ireland | |
in which the offender resides, or will be residing during the licence | |
period, 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 supervising his | 5 |
compliance with the order can be made by the Probation Board for | |
Northern Ireland. | |
(3) The requirements referred to in sub-paragraph (1)(a) are— | |
(a) an unpaid work requirement, | |
(b) an activity requirement, | 10 |
(c) a programme requirement, | |
(d) an attendance centre requirement, and | |
(e) an electronic monitoring requirement. | |
(4) If an order has been made in accordance with this paragraph in relation to | |
an offender but— | 15 |
(a) the Secretary of State decides not to make an order under paragraph | |
1 or 4 of Schedule 1 to the 1997 Act in relation to him, and | |
(b) the offender has not applied under paragraph 22 of this Schedule for | |
the amendment of the custody plus order or intermittent custody | |
order, | 20 |
the Secretary of State must apply to the court under paragraph 22 for the | |
amendment of the order. | |
10 Where— | |
(a) the appropriate court for the purposes of paragraph 4 of Schedule 9 | |
(amendment by reason of change of residence) is satisfied that the | 25 |
offender in respect of whom a custody plus order or intermittent | |
custody order is in force is residing in Northern Ireland, or proposes | |
to reside there during the licence period, | |
(b) the Secretary of State has made, or has indicated his willingness to | |
make, an order under paragraph 1 or 4 of Schedule 1 to the 1997 Act | 30 |
in relation to the offender, and | |
(c) it appears to the court that the conditions in paragraph 9(2)(a) and (b) | |
are satisfied, | |
the power of the court to amend the order under Schedule 9 includes power | |
to amend it by requiring the requirements included in the order to be | 35 |
complied with in Northern Ireland and the offender’s compliance with them | |
to be supervised in accordance with the arrangements referred to in | |
paragraph 9(2)(b). | |
11 A custody plus order made in accordance with paragraph 9 or a custody | |
plus order or intermittent custody order amended in accordance with | 40 |
paragraph 10 must— | |
(a) specify the petty sessions district in Northern Ireland in which the | |
offender resides or will reside during the licence period, and | |
(b) require the Probation Board for Northern Ireland to appoint or | |
assign a probation officer who will be responsible for discharging in | 45 |
relation to him the functions conferred on responsible officers by | |
Part 11 of this Act; | |
and section 198 (petty sessions area to be specified) does not apply in | |
relation to an order so made or amended. | |
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