Criminal Justice Act 1991

Changes over time for: Part III

Version Superseded: 03/11/2008

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Point in time view as at 01/04/2008.

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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 24 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 [F8or (as the case may be) by a provider of probation services operating in the local justice area in which he resides or will reside] .

(3)Where a court is considering the making or amendment of a probation order in accordance with this paragraph, [F9Schedule 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 [F10 an officer of a local probation board assigned]to the [F11local justice area] in England and Wales in which the offender resides or will be residing when the order or amendment comes into force [F12or (as the case may be) to an officer of a provider of probation services acting in the local 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 [F13paragraph 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 [F14hospital 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 [F15paragraph 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 [F16or to the provider of probation services operating in the local justice area in which the premises are situated]; and

(d)references in [F17paragraph 3] to a day centre were references to a [F10community rehabilitation centre] within the meaning of [F18section 201 of the Criminal Justice Act 2003] .

(4)A probation order made or amended in accordance with this paragraph shall specify the [F19local 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(2)(b) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(5)(a)(i)

F9Words 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

F10Words 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)

F11Words 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)

F12Words in Sch. 3 para. 10(3)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(5)(a)(ii)

F13Words 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

F14Words 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)

F15Words 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

F16Words in Sch. 3 para. 10(3)(c) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(5)(a)(iii)

F17Words 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

F18Words 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))

F19Words 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 probation order made in England and Wales; and

(b)[F20the 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 [F21section 41 of the Powers of Criminal Courts (Sentencing) Act 2000] relating to probation orders;

(b)the powers of the home court under [F22Schedule 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 [F23Article 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 [F24the 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 [F25the 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)on information to a justice of the peace [F26acting 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 [F27, the] officer of a local probation board[F28, 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 [F29paragraph 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 [F30Schedule 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 [F31acting in the local justice area] in which he resides or proposes to reside.

Textual Amendments

F20Words in Sch. 3 Pt. III para. 11(2)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 147(1)(3)(a)

F21Words in Sch. 3 Pt. III para. 11(3)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 147(1)(3)(b)

F22Words in Sch. 3 Pt. III para. 11(3)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 147(1)(3)(c)

F23Words in Sch. 3 para. 11(3) substituted (1.1.1998) by S.I. 1996/3161, art. 2(e)(ii); S.R. 1997/523, art. 3

F24Words in Sch. 3 Pt. III para. 11(4) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 147(1)(3)(d)

F25Words in Sch. 3 Pt. III para. 11(5) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 147(1)(3)(e)

F26Words in Sch. 3 para. 11(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(b)

F27Words in Sch. 3 para. 11(5)(b) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(5)(b)

F28Words in Sch. 3 para. 11(5)(b) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(5)(b)

F29Words in Sch. 3 para. 11(5)(b) substituted (1.1.1998) by S.I. 1996/3161, art. 2(e)(iii); S.R. 1997/523, art. 3

F30Words in Sch. 3 para. 11(6) substituted (1.1.1998) by S.I. 1996/3161, art. 2(e)(iv); S.R. 1997/523, art. 3