SCHEDULES
I2SCHEDULE 3 Reciprocal Enforcement of Certain Orders
I1Part III Transfer of Probation Orders from Northern Ireland
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
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1
Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.
2
Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, then, subject to the following provisions of this paragraph—
a
the order shall be treated as if it were a probation order made in England and Wales; and
b
F3the provisions of sections 41 and 42 of and Schedules 2 and 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (so far as relating to such orders). . . shall apply accordingly.
3
Before making or amending a probation order in the circumstances specified in paragraph 10 above the court shall explain to the offender in ordinary language—
a
the requirements of F4section 41 of the Powers of Criminal Courts (Sentencing) Act 2000 relating to probation orders;
b
the powers of the home court under F5Schedule 3 to that Act, as modified by this paragraph; and
c
its own powers under this paragraph,
and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under F6Article 10(3) of the Criminal Justice (Northern Ireland) Order 1996.
4
The home court may exercise in relation to the probation order any power which it could exercise in relation to a probation order made by a court in England and Wales by virtue of F7the Powers of Criminal Courts (Sentencing) Act 2000, except a power conferred byparagraph 4(1)(d), 5(1)(d) , 10(3) or 11(2) of Schedule 3 to that Act.
5
If at any time while F8the Powers of Criminal Courts (Sentencing) Act 2000 applies by virtue of sub-paragraph (2) above to a probation order made in Northern Ireland it appears to the home court—
a
b
on the application of the offender F11, the officer of a local probation boardF12, or (as the case may be) the officer of a provider of probation services, that it would be in the interests of justice for the power conferred by F9paragraph 7 or 8 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 to be exercised,
the home court may require the offender to appear before the court which made the order.
6
Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the probation order, that court—
a
may issue a warrant for his arrest; and
b
may exercise any power which it could exercise in respect of the probation order if the offender resided in Northern Ireland,
and F10Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 shall have effect accordingly.
7
Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the probation order—
a
the home court shall 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 shall be admissible as evidence of the failure before the court which made the order.
8
In this paragraph “home court” means, if the offender resides in England and Wales, or will be residing there at the time when the order or the amendment to it comes into force, the court of summary jurisdiction F2acting in the local justice area in which he resides or proposes to reside.
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.