|
| |
| |
(6) In this paragraph “the appropriate court” has the same meaning as in | |
paragraph 13. | |
Amendment of treatment requirements on report of practitioner | |
16 (1) Where the medical practitioner or other person by whom or under whose | |
direction an offender is, in pursuance of any requirement to which this sub- | 5 |
paragraph applies, being treated for his mental condition or his dependency | |
on or propensity to misuse drugs or alcohol— | |
(a) is of the opinion mentioned in sub-paragraph (3), or | |
(b) is for any reason unwilling to continue to treat or direct the treatment | |
of the offender, | 10 |
he must make a report in writing to that effect to the responsible officer and | |
that officer must apply under paragraph 15 to the appropriate court for the | |
variation or cancellation of the requirement. | |
(2) The requirements to which sub-paragraph (1) applies are— | |
(a) a mental health treatment requirement, | 15 |
(b) a drug rehabilitation requirement, and | |
(c) an alcohol treatment requirement. | |
(3) The opinion referred to in sub-paragraph (1) is— | |
(a) that the treatment of the offender should be continued beyond the | |
period specified in that behalf in the order, | 20 |
(b) that the offender needs different treatment, | |
(c) that the offender is not susceptible to treatment, or | |
(d) that the offender does not require further treatment. | |
(4) In this paragraph “the appropriate court” has the same meaning as in | |
paragraph 13. | 25 |
Amendment in relation to review of drug rehabilitation requirement | |
17 Where the responsible officer is of the opinion that a suspended sentence | |
order imposing a drug rehabilitation requirement which is subject to review | |
should be so amended as to provide for each periodic review (required by | |
section 193) to be made without a hearing instead of at a review hearing, or | 30 |
vice versa, he must apply under paragraph 14 to the court responsible for the | |
order for the variation of the order. | |
Extension of unpaid work requirement | |
18 (1) Where— | |
(a) a suspended sentence order imposing an unpaid work requirement | 35 |
is in force in respect of the offender, and | |
(b) on the application of the offender or the responsible officer, it | |
appears to the appropriate court that it would be in the interests of | |
justice to do so having regard to circumstances which have arisen | |
since the order was made, | 40 |
the court may, in relation to the order, extend the period of twelve months | |
specified in section 182(2). | |
(2) In this paragraph “the appropriate court” has the same meaning as in | |
paragraph 13. | |
| |
| |
|
| |
| |
Supplementary | |
19 (1) No application may be made under paragraph 13, 15 or 18, and no order | |
may be made under paragraph 14, while an appeal against the suspended | |
sentence is pending. | |
(2) Sub-paragraph (1) does not apply to an application under paragraph 15 | 5 |
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. | |
20 (1) Subject to sub-paragraph (2), where a court proposes to exercise its powers | 10 |
under paragraph 15, 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. | 15 |
(2) This paragraph does not apply to an order cancelling any community | |
requirement of a suspended sentence order. | |
21 Paragraphs 8(2)(c) and 15(1)(b) have effect subject to the provisions | |
mentioned in subsection (2) of section 172, and to subsections (3) and (5) of | |
that section. | 20 |
22 (1) On the making under this Schedule of an order amending a suspended | |
sentence order, the proper officer of the court must— | |
(a) provide copies of the amending order to the offender and the | |
responsible officer, | |
(b) in the case of an amending order which substitutes a new petty | 25 |
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 | |
(c) in the case of an amending order which imposes or amends a | |
requirement specified in the first column of Schedule 13, provide a | 30 |
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. | |
(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, | 35 |
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. | |
(3) In this paragraph “proper officer” means— | |
(a) in relation to a magistrates’ court, the justices’ chief executive for the | 40 |
court; and | |
(b) in relation to the Crown Court, the appropriate officer. | |
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Schedule 12 | |
Section 176 | |
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 | 5 |
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 | 10 |
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 | 15 |
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, | 20 |
(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. | 25 |
(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 | |
proposes to reside or is residing in Scotland, and | 30 |
(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 11 | |
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 | 35 |
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 | 40 |
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 173 or 192; 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. | 45 |
| |
| |
|
| |
| |
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 | |
(b) require the local authority for that area to appoint or assign an officer | 5 |
who will be responsible for discharging in 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. | |
3 (1) Where a court makes or amends a suspended sentence order in accordance | 10 |
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 201 (provision of copies | 15 |
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 | 20 |
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 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 officer | |
appointed or assigned under paragraph 2(b). | |
(3) The following provisions are omitted— | |
(a) subsection (7) of section 183 (activity requirement), | |
(b) subsection (7) of section 184 (programme requirement), | 30 |
(c) subsection (4) of section 188 (residence requirement), | |
(d) subsection (4) of section 200 (availability of arrangements in local | |
area). | |
(4) In section 189 (mental health treatment requirement), for subsection (2)(a) | |
there is substituted— | 35 |
“(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 197 (electronic monitoring requirement), in subsection (3), the | 40 |
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. | 45 |
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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 | 5 |
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 | 10 |
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— | 15 |
(a) an unpaid work requirement, | |
(b) an activity requirement, | |
(c) a programme requirement, | |
(d) a mental health treatment requirement, | |
(e) a drug rehabilitation requirement, | 20 |
(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 14 of Schedule | 25 |
11 (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, | 30 |
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 | |
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) | 35 |
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 173 or 192; and where an | |
order which is subject to review under either of those sections is amended in | 40 |
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 | 45 |
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 11 of this Act; | |
and section 198 (petty sessions area to be specified) does not apply in | 5 |
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 | 10 |
district in which the offender resides or proposes to reside; | |
and paragraphs (b) to (d) of subsection (1) of section 201 (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 | 15 |
(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) | 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 | |
probation officer appointed or assigned under paragraph 7(b). | |
(3) The following provisions are omitted— | 25 |
(a) subsection (7) of section 183 (activity requirement), | |
(b) subsection (7) of section 184 (programme requirement), | |
(c) subsection (4) of section 188 (residence requirement), | |
(d) subsection (4) of section 200 (availability of arrangements in local | |
area). | 30 |
(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 | |
within the meaning of the Health and Personal Social | 35 |
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));”. | 40 |
(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. | |
(6) In section 197 (electronic monitoring requirement), in subsection (3), the | 45 |
words from “and” onwards are omitted. | |
| |
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| |
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. | 5 |
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, | 10 |
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; | 15 |
“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— | 20 |
(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 | 25 |
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 11 has effect subject to the | |
following modifications. | 30 |
(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 | 35 |
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 4 and 5, any reference to causing an information to be laid | 40 |
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 | |
(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. | 45 |
(6) In paragraph 14— | |
(a) if the home court is in Scotland— | |
| |
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