Sentencing Act 2020 (c. 17)

SCHEDULES

SCHEDULE 11 U.K. Transfer of community orders to Scotland or Northern Ireland

Modifications etc. (not altering text)

C1 Sch. 11 modified by 2006 c. 52, s. 180 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 5 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2 Sch. 11 applied (with modifications) by 2006 c. 52, s. 178(2)(3) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C3 Sch. 11 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 U.K. Scotland

Requirements: availability and restrictions U.K.

3 U.K. Paragraphs 4 and 5 apply where a court makes or amends a community order in accordance with this Part of this Schedule.

Commencement Information

I1 Sch. 11 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 U.K. The order must not impose—

(a) an alcohol abstinence and monitoring requirement,

(b) an attendance centre requirement, or

(c) an electronic whereabouts monitoring requirement.

Commencement Information

I2 Sch. 11 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 (1) The order must not impose a locally based requirement unless it appears to the court that— U.K.

(a) arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(b) a rehabilitation activity requirement;

(c) a programme requirement;

(d) a mental health treatment requirement;

(e) a drug rehabilitation requirement;

(f) an alcohol treatment requirement;

(g) an electronic compliance monitoring requirement.

Commencement Information

I3 Sch. 11 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2