Criminal Justice Act 1991

Changes over time for: Part III

Version Superseded: 01/04/2008

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Point in time view as at 04/04/2005.

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Criminal Justice Act 1991, Part III is up to date with all changes known to be in force on or before 26 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Part IIIU.K. Transfer of Probation Orders from Northern Ireland

Commencement Information

I1Sch. 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

10(1)Where F1. . . a court in Northern Ireland considering the making of a probation order is satisfied that the offender resides in England and Wales, or will be residing there when the order comes into force, [F2Article 10 of the Criminal Justice (Northern Ireland) Order 1996] (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—

“(1A)A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the probation committee for the area which contains the [F3local justice area] in which he resides or will reside.”

(2)Where a probation order has been made by a court in Northern Ireland and—

(a)a court of summary jurisdiction acting for the petty sessions district in Northern Ireland for the time being specified in the order is satisfied that the offender F4. . . proposes to reside or is residing in England and Wales; and

(b)it appears to the court that suitable arrangements for his supervision can be made by the [F5local probation board] for the area which contains the [F6local justice area] in which he resides or will reside,

the power of the court to amend the order under Schedule 2 to the [F7Criminal Justice (Northern Ireland) Order 1996] shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3)Where a court is considering the making or amendment of a probation order in accordance with this paragraph, [F8Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996] shall have effect as if—

(a)any reference to a probation officer were a reference to [F9 an officer of a local probation board assigned]to the [F10local justice area] in England and Wales in which the offender resides or will be residing when the order or amendment comes into force;

(b)the reference in [F11paragraph 4(3)] to 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 M1Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of that section were a reference to treatment as a resident patient in a [F12hospital or mental nursing home within the meaning of the Mental Health Act 1983, not being hospital premises at which high security psychiatric services within the meaning of that Act are provided];

(c)the reference in [F13paragraph 2(5)] to the Probation Board for Northern Ireland were a reference to the [F5local probation board] for the area in which the premises are situated; and

(d)references in [F14paragraph 3] to a day centre were references to a [F9community rehabilitation centre] within the meaning of [F15section 201 of the Criminal Justice Act 2003] .

(4)A probation order made or amended in accordance with this paragraph shall specify the [F16local justice area] in England and Wales in which the offender resides or will be residing when the order or amendment comes into force.

Textual Amendments

F1Words in Sch. 3 para. 10(1) repealed (1.1.1998) by S.I. 1996/3161, art. 2(d)(i); S.R. 1997/523, art. 3

F2Words in Sch. 3 para. 10(1) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(ii); S.R. 1997/523, art. 3

F3Words in Sch. 3 para. 10(1) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(a)

F4Words in Sch. 3 para. 10(2) repealed (1.1.1998) by S.I. 1996/3161, art. 2(d)(iii); S.R. 1997/523, art. 3

F5Words in Sch. 3 Pt. III para. 10(2)(b)(3)(c) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 111(a)(i); S.I. 2001/919, art. 2(f)(ii)

F6Words in Sch. 3 para. 10(2)(b) substituted (1.4.2005) by) The Courts Act 2003 (Consequential Provisions) Order 2005; (S.I. 2005/886), art. 2, {Sch. para. 48(a)}

F7Words in Sch. 3 para. 10(2) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(iv); S.R. 1997/523, art. 3

F8Words in Sch. 3 para. 10(3) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(v); S.R. 1997/523, art. 3

F9Words in Sch. 3 Pt. III para. 10(3)(a)(d) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 111(a)(ii)(iii); S.I. 2001/919, art. 2(f)(ii)

F10Words in Sch. 3 para. 10(3)(a) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(a)

F11Words in Sch. 3 para. 10(3)(b) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(vi); S.R. 1997/523, art. 3

F12Words in Sch. 3 Pt. III para. 10(3)(b)(d) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 147(1)(2)(a)(b)

F13Words in Sch. 3 para. 10(3)(c) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(vii); S.R. 1997/523, art. 3

F14Words in Sch. 3 para. 10(3)(d) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(viii); S.R. 1997/523, art. 3

F15Words in Sch. 3 para. 10(3)(d) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 304, {Sch. 32 Pt. 1 para. 64(2}); S.I. 2005/950, art. 2(1), Sch. 1 (subject to art. 2(2) and Sch. 2 (as amended by S.I. 2005/2122, art. 2))

F16Words in Sch. 3 para. 10(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(a)

Commencement Information

I2Sch. 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.

Marginal Citations

M1S.I. 1972/1265 (N.I. 14).

11(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 [F17community order] made in England and Wales [F18under section 177 of the Criminal Justice Act 2003] ; and

[F19(b)the provisions of Part 12 of that Act (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—

[F20(a)the requirements of Part 12 of the Criminal Justice Act 2003 relating to community orders (within the meaning of that Part);

(b)the powers of the home court under Schedule 8 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 [F21Article 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 [F22community order made by a court in England and Wales under section 177 of the Criminal Justice Act 2003, except a power conferred by paragraph 9(1)(b) or (c) or 13(2) of Schedule 8 to that Act].

(5)If at any time while [F23Part 12 of the Criminal Justice Act 2003] applies by virtue of sub-paragraph (2) above to a probation order made in Northern Ireland it appears to the home court—

(a)on information to a justice of the peace [F24acting in the local justice area] for the time being specified in the order, that the offender has failed to comply with any of the requirements of [F25that Act] applicable to the order; or

(b)on the application of the offender or [F26the officer of a local probation board], that it would be in the interests of justice for the power conferred by [F27paragraph 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 [F28Schedule 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 [F29acting in the local justice area] in which he resides or proposes to reside.

Textual Amendments

F17Words in Sch. 3 para. 11(2)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336,{Sch. 32 para. 64(3)(a)}; S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)

F18Words in Sch. 3 para. 11(2)(a) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 64(3)(a); S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)